Vol. 591 Thursday, No. 2 28 October 2004

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 28 October 2004.

Requests to move Adjournment of Da´il under Standing Order 31 ……………… 329 Order of Business ……………………………… 330 Private Members’ Business Childhood Development Initiative: Motion (resumed) ………………… 335 Irish Nationality and Citizenship Bill 2004: Second Stage (resumed) …………… 363 Ceisteanna — Questions Ta´naiste and Minister for Health and Children Priority Questions …………………………… 407 Other Questions …………………………… 421 Private Notice Questions Flood Relief ……………………………… 425 Adjournment Debate Matters …………………………… 436 Adjournment Debate Hospital Services ……………………………… 437 Child Care Services …………………………… 439 Genetically Modified Organisms ………………………… 442 Tribunals of Inquiry …………………………… 445 Message from Seanad ……………………………… 448 Questions: Written Answers …………………………… 449 329 330

DA´ IL E´ IREANN employed at Castlemahon Foods in County Limerick. ———— Mr. Boyle: I seek the adjournment of the Da´il De´ardaoin, 28 Deireadh Fo´mhair 2004. under Standing Order 31 to discuss the following Thursday, 28 October 2004. urgent matter: the need for a statement on the damage caused by serious flooding yesterday ———— throughout the country, particularly in the Cork area, outlining the remedial measures being taken Chuaigh an Ceann Comhairle i gceannas ar and the additional resources to be provided. 10.30 a.m. An Ceann Comhairle: Having given the ———— matters full consideration, I do not consider them to be in order under Standing Order 31. Paidir. Prayer. Order of Business. ———— Minister for Finance (Mr. Cowen): : It is pro- posed to take No. 3, Irish Nationality and Citizen- Requests to move Adjournment of Da´il under ship Bill 2004 — Second Stage (resumed); and Standing Order 31. No. 4, Grangegorman Development Agency Bill 2004 — Order for Second Stage and Second An Ceann Comhairle: Before coming to the Stage. Private Members’ business shall be No. 33, Order of Business, I propose to deal with a motion re Tallaght West Childhood Development number of notices under Standing Order 31. I call Initiative (resumed) to be taken immediately on the Deputies in the order in which they sub- after the Order of Business and to conclude after mitted their notices to my office. 90 minutes. Ms Lynch: I seek the adjournment of the Da´il Mr. Kenny: In view of the Taoiseach’s com- under Standing Order 31 to discuss the following ments yesterday, will the Minister for Finance urgent matter of public interest: the need for the comment on the status of the Dublin metro Bill Government to provide assistance for house- which is proposed to streamline and accelerate holders and traders in Cork who have suffered certain procedures for metro projects and significant loss and damage to their property aris- reduce costs? ing from the serious flooding of the past 24 hours Yesterday, the Taoiseach said the Department and for action to address the ongoing cause of of Health and Children was committed to the regular flooding in the area. preparation of new legislation to update and clar- Mr. Gogarty: I seek the adjournment of the ify the legal framework for eligibility and entitle- Da´il under Standing Order 31 to discuss the fol- ment in the health services. There is no sign of lowing urgent matter: the need for the Minister such a proposal on the Government’s legislative for Finance to grant a stamp duty exemption to programme despite the Taoiseach’s contention the facility beside Ballyowen shopping centre in that it is being prepared in the Department. What Lucan. The facility is a much needed community is the status of the legislation? resort which is experiencing delays in opening due to the requirement of the Revenue Commis- Mr. Cowen: I was not in the House yesterday sioners that full stamp duty be paid on the and cannot comment. My understanding is that premises. the Taoiseach stated the advice of the Attorney General was being sought on certain matters that Mr. Gormley: I seek the adjournment of the had arisen recently. We must wait for the out- Da´il under Standing Order 31 to discuss the fol- come of that advice. lowing urgent matter: the report that Mr. Benny I understand the first Bill referred to is sched- McCullagh, a 72 year old who lived only 500 uled for next year and can say no more about it yards from Monaghan General Hospital, was at the moment. forced to travel 30 miles to Cavan General Hospital by ambulance and died subsequently Mr. Rabbitte: Will the Minister for Finance and the need to restore an on-call service to speak to the House about the progress of the Monaghan General Hospital as soon as possible. Northern Ireland talks and state whether the impression that matters are stalled and the antici- Mr. Neville: I seek the adjournment of the Da´il pated breakthrough is unlikely to happen is cor- under Standing Order 31 to discuss the following rect? Can the Minister make Government time urgent matter: the need for the Minister for Agri- available for a debate or, at least, a Government culture and Food to intervene to settle the dis- statement? pute between poultry growers in west Limerick and Castlemahon Foods which threatens the Mr. Cowen: I will leave the matter of a state- livelihoods of the growers and 300 people ment for the Taoiseach to respond to if asked. 331 Order of 28 October 2004. Business 332

[Mr. Cowen.] provide time for a debate on the disgraceful state The scheduling of a debate is a matter for the of accident and emergency services? Whips. An Ceann Comhairle: Unless a debate has Mr. Gormley: Yesterday, I made a request to already been promised, the matter is one for the adjourn the House under Standing Order 31 to Whips. discuss the state of readiness of the emergency services to deal with the flooding problems that Mr. Ferris: When will Second Stage of the were about to occur. Now that they have—— health and social care professionals Bill be taken?

An Ceann Comhairle: That does not arise on Mr. Cowen: It is proposed to publish and the Order of Business. debate a health Bill before Christmas, at which time Members will have an opportunity to raise Mr. Gormley: If you let me finish, Ceann any issues they wish under that heading. Comhairle, I wish to ask about legislation perti- nent to this matter. I mentioned it yesterday. In Mr. Allen: Given the reported serious illness of this city—— Yasser Arafat, will the Minister for Foreign Affairs and Government contact the Israeli An Ceann Comhairle: I do not intend to hear Government to ensure it gives a guarantee of safe the Deputy on this matter. There is a submission passage to medical treatment? for a Private Notice Question on this matter and if I am to consider it for that, I will not have a An Ceann Comhairle: That matter does not debate on it now. arise on the Order of Business.

Mr. Gormley: The legislation to which I refer Mr. Allen: It is an urgent matter. is the building control Bill to stop builders flood- ing this city. Mr. Durkan: It is a pressing matter. Mr. Cowen: The Bill concerned seeks to amend Mr. J. O’Keeffe: I hope they do not send and strengthen the powers of local building con- Yasser Arafat to Monaghan General Hospital. trol authorities under the Building Control Act 1990 and to provide for the registration of the Mr. Ring: Two years ago, the Ombudsman titles of architect, building surveyor and quantity directed the Minister for Finance and his Depart- surveyor. The heads of the Bill were approved by ment to pay arrears of blind welfare allowance to Government and it is expected it will be pub- people in receipt of pensions. The Department of lished in the middle of next year. Health and Children agreed the money was owed. Mr. Howlin: It is appropriate the Minister for Finance is taking the Order of Business. When An Ceann Comhairle: The Deputy must ask a this country voted for the Nice treaty we did not, question appropriate to the Order of Business. following enlargement, put up any barriers to the inward migration of workers from the new Mr. Ring: Will the Minister provide the money accession states. Given that circumstance, when this year to enable these people to be paid? will Government legislate to ensure trade union rights and wages will not be undermined by yel- An Ceann Comhairle: The matter does not low-packing, so to speak, by companies arise now. employing new accession state workers? Mr. Ring: This matter has been ongoing for two An Ceann Comhairle: Has legislation been years. Would any other section of society have to promised? wait two years to have arrears due to them paid? The health boards and Ombudsman agree these Mr. Howlin: In particular, Irish Shipping pro- people are due that money. poses to de-man its crew. This is a serious matter. Perhaps the Minister will discuss the matter with An Ceann Comhairle: I call Deputy Finian his colleagues with a view to introducing legis- McGrath. lation on it. Mr. Ring: I would like an answer to my ques- Mr. Cowen: I am not aware that specific legis- tion. These people are disadvantaged and are lation in this area was promised. I suggest that entitled to their money. the central review committee, under the social partnership, would be the appropriate forum to An Ceann Comhairle: A question to the line discuss any issues that might arise in that regard. Minister would be more appropriate.

Mr. Ferris: In light of the death of a 72 year old Mr. Ring: The Ombudsman has said they are man who lived 500 yards from Monaghan Gen- entitled to the money. If the Ceann Comhairle eral Hospital, will the Minister and Government were due this money, he would not wait for it. 333 Order of 28 October 2004. Business 334

An Ceann Comhairle: Deputy Ring should Mr. Eamon Ryan: If this process is to have any resume his seat. He is being disorderly. meaning, we cannot have the Minister just——

Mr. Ring: These people should get their An Ceann Comhairle: We cannot have rep- money. etition on the Order of Business.

Mr. F. McGrath: I assure Deputy Ring that the Mr. Gormley: It is Members on the Govern- Independents are alive and well. ment side who are repeating themselves.

Mr. Ring: The problem is that they are not Mr. Durkan: On promised legislation, what is independent. the position of the geological survey of Ireland Bill? Have the heads of that Bill been agreed or Mr. Rabbitte: Alive but not independent. discussed by Cabinet? If not, when will they be discussed? Given that previous legislation dealing An Ceann Comhairle: The Deputy must ask a with this matter was passed in 1845, how long question appropriate to the Order of Business. more will it be before that Bill comes to the House? Mr. F. McGrath: Deputy Ring knows well that there are plenty of Independents on this side of Mr. Rabbitte: The year 1845 was a bad one. the House. Mr. Durkan: No, it was not a particularly good Mr. Ring: The Deputy is welcome to join my year. However, I am sure the Minister will be party. more than anxious to update the House on this urgent issue. Mr. F. McGrath: Deputy Ring should join the Independents. We are recruiting at present. Mr. Brennan: The Deputy’s party was in office When will this House commence a debate on at that time. the Disability Bill given 3,000 people with intel- lectual disability await respite care, day care and Mr. Cowen: Similar to 1845, we have other residential care? priorities now. Mr. Durkan: Notwithstanding those priorities Mr. Cowen: I was proud to be a Minister when and in the context of promised legislation, what funding in that area was increased to \80 million is the precise timescale for the Bill’s introduction over a three-year period, given that at that time to the House? only \1 million was provided for all emergencies. This Government has done more than any other Mr. Cowen: It is not possible to indicate a time- in that area. However, more needs to be done. scale at this point. However, the dig will continue. The Disability Bill will be debated next week. Mr. Durkan: In those circumstances, I believe Mr. O’Dowd: What is the position regarding the Cabinet should hold an emergency meeting the strategic national infrastructure Bill to deal to discuss what has happened since 1845 because, with fast-tracking major national infrastructure given the rate of progress, it could be a long time projects? Is that legislation in the slow lane given before that Bill comes to the House. it has not yet come before the House? Is there a division in the Cabinet on the matter? Is the Mr. Cowen: The last time there was an emer- Minister for Justice, Equality and Law Reform, gency meeting, a different Administration was in Deputy McDowell, slowing things up? office.

Mr. Cowen: The strategic national infrastruc- Mr. Durkan: According to reports, there have ture Bill will provide for a streamlined develop- also been a number of such meetings in the cur- ment and consent procedure for infrastructural rent Administration. projects of strategic national importance. The draft heads of that Bill are being considered Mr. Connaughton: Will the Government pro- before re-submission to Government next year. vide time to debate the issue of decentralisation? The Minister’s colleagues were fairly flaithiu´ lach Mr. Gormley: More redirection. with money in the debate last night. Decentralis- ation will cost a great deal of money and this Mr. Eamon Ryan: The Minister for Finance House should debate that issue. said that the Dublin metro Bill is scheduled for next year. Does he believe that Bill will come An Ceann Comhairle: The matter does not before the House next year? arise on the Order of Business.

An Ceann Comhairle: That question has Mr. Connaughton: The Minister should know already been answered. I call Deputy Durkan. something about the matter because his col- 335 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 336

[Mr. Connaughton.] central heating within a reasonable leagues had a great deal of money to spend last timeframe; night. (e) resource the local authorities to improve the environment in the estates Private Members’ Business. surveyed; (f) restore the RAPID programme in ———— order to fund in 2005 the plans submitted by this and other areas targeted in the original Childhood Development Initiative: Motion announcement in 2001. (Resumed). Debate resumed on amendment No. 1: The following motion was moved by Deputy To delete all words after “Da´il E´ ireann” and Rabbitte on Wednesday, 27 October 2004: substitute the following: That Da´il E´ ireann, — welcomes the report of the Tallaght West Childhood Development — welcomes the report of the Tallaght Initiative; West Childhood Development Initiative; — notes the Government’s commitment to social inclusion and the record spend — expresses its concern at the serious pic- under the national development plan ture of inequality and social deprivation towards this end; in some areas of west Tallaght depicted in the report, especially in view of the — acknowledges the success of the unprecedented economic growth broader community in Tallaght and experienced by the country over the commends, in particular, the efforts of past decade; many individuals, community and vol- untary organisations to improve the — acknowledges the successes of the opportunities and living conditions of broader community in Tallaght and the communities; commends, in particular, the efforts of many individuals and community and — acknowledges the achievement of the voluntary organisations to improve the Government in: opportunities and living conditions of — putting in place a strong social and the communities; and affordable housing programme \ — believes that the conditions depicted in involving the investment of 1.8 the report are replicated in other billion in 2004; disadvantaged communities throughout — directing public expenditure the country and, in this regard, notes towards meeting the needs of low the finding of the recent report pub- income households and those with lished by the Children’s Research Cen- special needs through a broad tre, Trinity College, that the number of range of measures; children living in housing that is over- — the significant investment being crowded, damp, in disrepair and in poor made in west Tallaght through the neighbourhoods had more than various social housing measures doubled in the years between 1991 and including the local authority hous- 2002; ing programme, the voluntary calls on the Government to use the Budget housing programme, the remedial to respond positively to the recommend- works scheme, the Traveller ations in the Child Development Initiative accommodation programme and Report and, in particular, to: the accelerated gas central heat- ing programme; (a) address the factors that leave 90% of children in fear of the effects of anti-social — supporting the preparation of five behaviour; year action plans for the period 2004 to 2008 to deliver across the (b) implement divisional status for the full range of social and affordable Tallaght Garda region which has been stalled housing programmes and support- since 1997; ing measures to achieve the effect (c) expand programmes designed to in the long term by tackling real improve early school provision and specifi- need and breaking cycles of disad- cally to expand the number of child care vantage and dependency. places; notes: (d) enable the local authorities to acceler- ate a comprehensive programme of refur- — the major investment in urban public bishment of public housing stock and, in par- housing renewal during the national ticular, to commit to the installation of development plan; and 337 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 338

— the Government’s commitment to — the leverage fund for small works; respond positively to the recommend- and ations in the report of the Tallaght West — the ring-fencing of funds under the Childhood Development Initiative and, dormant accounts fund towards in particular, to: RAPID areas; and — continue to address the challenge — continue to develop the RAPID of anti-social behaviour; initiative in all its strands beyond — note the ongoing Garda youth 2006, including an ongoing com- diversion projects and juvenile mitment to the further prioritis- diversion programme which ation of RAPID areas in decision- operate in communities nation- making by Departments. wide, including Tallaght: —(Minister for Community, Rural and Gaeltacht Affairs). — note that the current and future accommodation requirements of Mr. O’Connor: I wish to share time with the the gardaı´ at Tallaght is currently Minister of State at the Department of Health under consideration by Garda and Children, Deputy Brian Lenihan, and management and a number of Deputy Andrews. different options are being con- In every contribution I have made in this sidered with a view to finalising House since my election as a Deputy for Dublin proposals in the near future; South-West, I have mentioned Tallaght. I am proud of my association with Tallaght and proud — welcome the ongoing commitment of the people who live there. It is appropriate that of very significant Government today in particular I should stand up for the funding for the support and people of Tallaght. For the past two weeks the creation of child care places in the people of the area have been subjected to much Tallaght area. To date more than negative media coverage, not only in the context \4.4 million has been allocated to of the CDI report, which is a positive report, but the area for this purpose; in regard to other issues. If one reads The Echo, — acknowledge the improvement in a local Tallaght newspaper which I read every early school provision initiatives Thursday morning, one will note the manner in including: which Tallaght is picked on in relation to the launch of Luas, a very positive project. However, — the provision of Early Start pre- the media are now reporting it in a negative way. school places for children at risk of There has been a great deal of negative pub- social disadvantage; licity during the past two weeks regarding the — reading support programmes; manner in which NTL has been treating the people of Tallaght and the wider south-west — extra teaching resources to Dublin region. Tallaght is well used to being decrease pupil-teacher ratios, and picked on but the report we are discussing gives additional support through the us an opportunity to be positive about it, some- disadvantaged areas scheme; thing which I do every day of my political life. — measures to reduce early school I compliment my constituency colleague, leaving, through the school com- Deputy Rabbitte, on being able to persuade his pletion programme. colleagues in the Labour Party to table this Private Members’ motion. As my colleague, the — further improve the environment Minister for Community, Rural and Gaeltacht in the estates surveyed and con- Affairs, Deputy O´ Cuı´v, said last night the Lab- tinue with the housing estate our Party is to be complimented on a fine piece enhancement scheme initiated this of work. I am happy to support it. year under RAPID; — welcome the prioritisation of \7 Mr. F. McGrath: That is the new coalition. million investment in RAPID areas under Phase II of the Mr. O’Connor: If the Deputy has nothing else equality for women measure which to do why does he not find Deputy Twomey and is earmarked for projects benefit- talk about how to join a party and save his seat? ing women in these areas and notes that a number of appli- Mr. F. McGrath: Will the Deputy get on to cations have been received from the issues? groups in the west Tallaght area and that the Minister for Justice, An Ceann Comhairle: I appeal to Deputy Equality and Law Reform expects McGrath not to interrupt and to Deputy to be in a position to allocate fund- O’Connor to address his remarks through the ing by the end of the year; Chair to prevent being provoked by interruption.

— develop mechanisms leading to better Mr. O’Connor: I am not easily provoked. I delivery by RAPID, including: have been in Tallaght for 35 years, though I am — better local co-ordination; not from Tallaght as the critics tell me. I have 339 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 340

[Mr. O’Connor.] Tallaght and say it is different when it should not worked hard for the people there and they have be different. The Taoiseach used to say that, at a been good to me. At a time when I was finding it time of economic prosperity, it is important that difficult to struggle through the political system all boats rise and that we pay particular attention in 1997, the then Minister for Health, Dr. Rory to the small boats. It is important to take particu- O’Hanlon, gave me my first leg up in the com- lar note of that and understand that Tallaght west munity by appointing me to the board of Tallaght which is mainly local authority estates, was built Hospital. In terms of my community endeavour I in the main by Dublin Corporation, which at that have never looked back. My colleague, the Mini- time was an absentee landlord. Happily that has ster of State at the Department of Foreign changed and South Dublin County Council is in Affairs, Deputy Conor Lenihan, is abroad on place. While everything is not perfect the position Government business and would have wished to has improved enormously. be associated with this debate. I am sorry he is The communities in Killinarden, Jobstown, not here. Brookfield and Fettercairn are anxious to paint a The report is viewed positively. Last week the positive picture of community life. Without wish- Taoiseach welcomed the report, said it was good ing to make a political point, all those areas have and looked forward to all of us in the House had to recover from the fact that a previous coali- working towards the ideals identified in it. I sup- tion Government introduced a £5,000 grant to port the positive ideals of the report and compli- encourage people to leave the area. It took years ment the Childhood Development Initiative for those estates to recover. which produced it. I wish to put on record the I wish to refer to the progress made in Tallaght various community organisations in the Tallaght west and to put on record the various facilities west area which contributed to this report: An and services provided in that area of my constitu- Cosa´n, Barnardos, Brookfield Headstart pre- ency. That includes enterprise community centres school and cre`che, Jobstown child care centre, in Killinarden and Brookfield, both of which are Killinarden school completion programme, the managed by Tallaght working group of which I Caitlı´n Maud naı´onra, the Rainbow House early was a founder member. Recently, there have education and child care centre, the RAPID pro- been refurbishment programmes in the Fet- gramme, St. Aidan’s senior school, Brookfield, St. Thomas’s senior school, Jobstown, St. Anne’s pri- tercairn community centre and in the Killinarden mary school, Fettercairn, Knockmore national community centre. We have completed the Jobs- school, Scoil Caitlı´n Maud, the all-Irish junior town all-weather pitch which is a tremendous school, Knockmore, St. Thomas’s playgroup, St. facility for that area. The playground at Jobstown Louise’s playgroup, south Dublin county child community centre is also completed. The Fet- care committee, the South Western Area Health tercairn horse project is completed and continues Board, Tallaght Partnership, Youth Horizon and to get huge amounts of Government funding the YMCA which is involved in Brookfield. It is which is important to that area. The all-weather clear from that list and the other organisations I pitch in Killinarden has also recently been will mention later that Tallaght is a positive place. upgraded and four local neighbour estate centres It is important to highlight that given the negative have been completed. Much building work is tak- image that sometimes builds up around Tallaght. ing place, including a building at the Jobstown I am pleased to acknowledge the presence of community centre, the Jadd centre and the Jobs- my neighbour and colleague, Deputy Crowe. We town drugs rehabilitation treatment centre is are all aware that Tallaght took a long time to being completed. The Jobstown child care centre develop. At one stage we talked about Tallaght is also being completed. A particularly worth- in terms of having the population of a city but the while project which is underway is Citywise’s edu- status of a village. Some 14 years ago last Satur- cational recreation centre at Jobstown. day, 23 October 1990, that all changed with the I am pleased to note the presence in the Visit- opening of The Square and Tallaght has never ors Gallery of my colleague, Mick Billane, who looked back. If one goes to Tallaght today one was the most active and popular councillor when is faced with ten cranes which is a sign of much I was a member of the council in 1991. It is regret- investment and progress. If one cares to look table that a combination of mathematics led to around Tallaght it has a major general hospital, a him losing his seat but he still has a huge role to civic centre, a district library, the national basket- play in so far as the people of Tallaght west are ball arena, a very successful institute of tech- concerned. Mick Billanewas involved in the nology and all the facilities one would expect to development of the idea of a swimming pool and find in a major centre of population. I invite all sports hall at Tallaght west which has gone to ten- colleagues to go down to Abbey Street, board the der. Those will be positive developments for Luas and go out and see what a positive place Tallaght west and the wider Tallaght area. I have is Tallaght. made the point at other gatherings in Tallaght The leader of the Labour Party referred to the that other facilities, including skateboarding contrasts between some parts of Tallaght. As one facilities which are popular with the young people who works hard in Tallaght we should be speak- of Killinarden, should be provided. In nearby ing about one Tallaght. It upsets me and the com- Brookfield, a youth and community centre is to munity when we put walls around parts of be provided. 341 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 342

It is important to understand there still remains attend Brookfield and Killinarden community much to be done in Tallaght west as in the wider centres. Public representatives should provide Tallaght area and we should not take our eye off such services. To this end I am a founder chair- the difficulties being identified, so far as the drugs man of Jobstown community college, I am on the programme is concerned. There is a positive com- board of Killinarden community school and I munity reaction to the drugs scourge in Tallaght have been on the board of Brookfield and St. west. I am pleased the Minister of State at the Mark’s community schools. It is important that Department of Community, Rural and Gaeltacht public representatives give their time and energy Affairs, Deputy Noel Ahern, is about to to such schools. announce details of a pilot programme involving It is important that this report should attract St. Dominic’s response centre and the CARPcen- a great deal of political support because a huge tre, which has a new building in Killinarden, amount of effort has gone into it. We should all \ which will have 90 million to deal with the contribute to correcting the negative image of cocaine problem. I look forward to that Tallaght and Tallaght west. To that end I invite announcement for the Tallaght area. any colleague to come with me any day to Turning to the report, one of the points which Tallaght west and see the positive work being caused much upset was the reference to anti- done and to see how much the area has improved. social behaviour. I agree with other colleagues I do not hesitate to point out that there is still a that we should support our communities in every huge challenge and South Dublin County Council way possible so far as combating anti-social has a huge amount of work to do. In this context, behaviour is concerned. I hope councillors of all persuasions will continue Some 94% of those surveyed stated that they to fight to ensure that the environment is are affected by anti-social behaviour. Just 4% improved as much as possible. report such incidents to the Garda, which rep- It is important that we work hard to deal with resents a particular challenge the authors of the the report’s various recommendations, partic- report should be complimented for highlighting. ularly in respect of educational disadvantage. At The Garda clearly has a responsibility to the com- a party meeting last night I acknowledged that munity and there is a wider issue I have never the Minister for Education and Science has been been afraid to point out, that Tallaght needs particularly responsive in that regard and has more gardaı´. already indicated her interest in the Tallaght west area. Moreover, I understand that she plans to Mr. F. McGrath: The Deputy should tell the accept our invitation to come to Tallaght west Minister for Justice, Equality and Law Reform. and see the situation for herself. Mr. O’Connor: Tallaght is the country’s third When one speaks to people in Tallaght west, as largest population centre and it is time the Garda I do on a daily basis, they state that not only do authorities and the Minister for Justice, Equality they want us to build on this report but to high- and Law Reform put their heads light the continuing community needs. In all of 11 o’clock together to provide more gardaı´ for this it is important that we take the lead from Tallaght. For some years the gardaı´ the community rather than the other way around. have stated that building more Garda stations is Anyone who attended the launch of the report in not the way forward. However, this report pro- the Plaza Hotel on Monday will have heard 200 poses that there should be a dedicated Garda community people speaking positively about the station in Tallaght west providing a service to the area and about where we want to go. people and I call on the Minister for Justice, It is important that we highlight the continuing Equality and Law Reform to examine that issue. needs of the area. I have already mentioned the Furthermore, I am pleased the Garda authorities, need for a Garda station in Tallaght west, which following prompting from me and other col- I believe should become a reality. The swimming leagues, are beginning to think that the area pool building programme should also be acceler- should have its own Garda station. Such a facility ated. Having experienced the success of Luas, would supplement services already provided by there is a huge demand for it to be extended the city council and the Garda which includes reg- through Oldbawn to the Tallaght west estates and ular clinics every week in Killinarden, Fettercairn Citywest. It is not pie in the sky, rather the suc- and Jobstown. I understand another is to be cess of Luas proves that such a transport service opened in Brookfield, which is a positive can and should be provided. development. There is a need to examine educational disad- I do not want to introduce too many red her- vantage. New school buildings may well be rings but there was a reference last night to how needed in the extended area. In particular, the Fianna Fa´il operates in areas such as Tallaght Irish school in Knockmore, Scoil Chaitlı´n Maude, west. I do my job in Tallaght west every day and requires a new building, which I hope the Depart- am the only public representative who runs reg- ment of Education and Science will address. We ular weekly clinics in the estates. I am very happy must also examine the need for non-formal edu- to do so and draw crowds every week. If Deputies cation support. I have already raised this issue want to check on me, I am in Fettercairn com- with the Minister as well as the need to appoint munity centre every Monday and on Fridays I new educational support and youth officers, 343 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 344

[Mr. O’Connor.] which we would like to see. There have been which has been identified by Jobstown com- improvements, but much remains to be done, as munity council. Deputy O’Connor stated. I have often stated in debates on Private When I consider my constituency and, in par- Members’ business that it will always be neces- ticular, the Blanchardstown area, and contrast the sary for colleagues to make political points, with state in which it was a decade ago with how it is which I have no problem. today, I see a radical transformation. Likewise, Deputy O’Connor has seen a similar radical Mr. F. McGrath: The Deputy’s party is in transformation in Tallaght, which has been power. assisted by substantial public investment in the health service and educational and transport Mr. O’Connor: It is delivering. If the Deputy infrastructure. In addition to investment, we have wants to come out to Tallaght some day, I will to examine social structures, in particular, the col- show him what has been delivered. Perhaps he lapse of social structures in certain neighbour- might then return to his constituency and repli- hoods in the grim decade of 1980s and consider cate what has been done. Tallaght has become a how we can rebuild them and create vibrant com- great example of what should be done. It was munities. built the wrong way around. There were too In the programme for Government agreed many houses with too few facilities but we are between Fianna Fa´il and the Labour Party in now catching up. We have not yet done so and 1992, it was decided to establish partnerships. much more needs to be done but the Government They have tried in a focused, holistic way to is continuing to deliver. I do not want to make tackle the problem of disadvantage in their areas. political points but, since 1997, the Government They have done a great deal of work and have has been continuing to deliver. The reason I was been in operation for more than a decade. The lucky enough to be elected as a Deputy is that partnerships have been reviewed by many Mini- people recognised that the work was being done. sters. They have made a signal contribution to try It is important that the people who compiled to pull together public policy on this area. and presented this report get our support in a Despite the partnerships, the volume of public non-party political manner and I hope the four investment, a favourable economic climate, con- Deputies who represent Tallaght will continue to siderable increase in social provision and con- give that support. There has been an enormous siderable reduction in the incidents of personal amount of co-operation and this report gives us a taxation, especially among the lower paid, certain huge blueprint for the future. I thank my col- persistent social problems remain. Nobody is leagues for bearing with me. denying that on this side of the House. We have to address those social problems. Mr. B. Lenihan: I propose to share time with I have been asked to speak on behalf of the Deputy Andrews. Department of Justice, Equality and Law Reform, specifically in regard to paragraph (a)of An Ceann Comhairle: Is that agreed? Agreed. the Opposition’s motion, which calls on the House to address the factors that leave 90% of Mr. B. Lenihan: I agree with Deputy O’Con- children in fear of the effects of anti-social behav- nor’s remarks. I welcome this report, as does the Government amendment to the motion. As the iour. That need was echoed by many speakers. Minister of State with responsibility for children, In regard to west Tallaght specifically — the I am arranging to meet the authors of the report position there mirrors that in other parts of the and examine its conclusions to see how we can State — there is in operation a Garda juvenile progress matters. The National Children’s Office, diversion programme. The purpose of it is to pro- under my direction, has engaged in a great deal vide an opportunity to divert offenders from of research on children’s welfare and the State criminal activity by providing for various alterna- now has a research base which it never had tives to prosecution. That programme has been before. One of the interesting statistics to emerge operating on a statutory basis since May 2002. In in recent years is that the volume of consistent 2003 alone, the National Juvenile Office received poverty among children has shown a considerable 19,915 referrals relating to 17,043 individual chil- decrease and it is important to note that there has dren — children being persons under the age of been such a decrease. That is not to take away 18, with the majority of such persons being the from some of the disturbing findings in this youth. Some 77% were male and 23% were report, which must be addressed by all of us, as female. The diversion programme has been suc- Deputy O’Connor stated. I look forward with my cessful in diverting young persons away from colleagues in the Government to meeting the crime by offering guidance and support to juven- challenges posed by this report. iles and their families. Of the children referred to There is no doubt that there has been a huge the diversion programme in 2003, 50% were over increase in volume of national wealth in recent the age of 16 with the balance being between the years nor is there any doubt that it has trickled ages of seven and 17. The age at which offending down to all social classes. However, it has not commences is one of the most significant predic- made some fundamental changes in certain areas, tors of prosecution levels; the earlier the onset of 345 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 346 offending, the greater the number of prosecutions I wanted to speak on this motion for two subsequently recorded. reasons, first, to point out that Deputy O’Connor, Garda youth diversion programmes have also who recently spoke on this issue, is perhaps the been set up to challenge the anti-social or crimi- best advocate for his area and perhaps the person nal inclinations of youngsters involved in crime. most associated with an area in this House. He There are three Garda youth diversion projects has been a great advocate for the area he rep- in the Tallaght district, in Killinarden, Jobstown resents during the time I have known him in this and Whitechurch, receiving total funding of House. It is a little unfortunate that he will find \295,826 this year, and these projects accommo- himself technically voting against the interest of dated over 140 participants. his area. Anybody who knows this area and the Having pointed out the existing structures, the Deputy would know that would be a poor and Minister for Justice, Equality and Law Reform inaccurate reflection of the kind of work he does. and myself are concerned about our youth justice The same could be said of the Minister of State, system. Serious concern has been raised about Deputy Conor Lenihan. offending behaviour. It is an aspect of criminal Second, I want to address the question of early activity which is of particular concern to the childhood education. A report was published last Government. The incidents of violent crime and year by the Centre for Early Childhood Develop- public disorder offences involving young persons ment in Education. Effectively, it was an audit of are becoming too frequent. We have a sound services in this area. One of its conclusions was statutory framework in the Children Act 2001. I that accurate information on the range and nat- am happy to inform the House that I have been ure of early childhood education was extremely in a position to implement and commence quite difficult to access. For that reason the report pro- a number of provisions of this legislation. vided by the West Tallaght Childhood Develop- However, the Minister and myself decided more ment Initiative is of great importance. Effectively, is required. politicians have no excuse now not to provide or We have established a task force in the Depart- properly target the necessary services. However, ment to examine specifically how the State might the audit of the Centre for Early Childhood better manage and target the delivery of services Development in Education found that the pro- in the youth justice area. The task force is con- vision of services was well targeted. Some 82% of sulting the relevant governmental actors. It will services were targeted at the disadvantaged and evaluate international thinking on youth justice the remaining 18% of services were targeted at where advances have been made in recent years. those with special needs. The report discussed in We are particularly interested in the Youth this motion is of great assistance. It provides poli- Justice Agency in Northern Ireland which ticians with the data required to make the neces- evolved from its criminal justice review. It is sary changes to ensure that provision is properly intended that the task force will report to the targeted. Minister and myself so that recommendations can One of the recommendations of that audit be brought to Government next summer. report is that there should be more co-ordination between Departments to ensure the delivery of Mr. Andrews: I thank the Minister of State for services is properly targeted in those areas where sharing time. they are required. If nothing else, the findings of An interesting development regarding the this report should ensure there is proper co-ordi- issues raised in the motion will be the operation nation between Departments in that regard, of the Garda Sı´ocha´na Bill when it becomes law, which hitherto seems to have been lacking. in particular that part of it which will deal with the involvement of local communities in the Mr. Boyle: I wish to share my time with affairs of the gardaı´. One of the issues raised by Deputies Crowe, Gregory and McGrath. the motion refers to perhaps disengagement with the gardaı´ and with law enforcement. I am confi- An Ceann Comhairle: That is agreed. dent the involvement of local community rep- resentatives, local authority members and other Mr. Boyle: The welcome given to this report by people with an interest in the future of Tallaght all sides of the House must be a great source of and other such districts will have a role to play at pride to the authors and the people in the com- that time. I am sure that will make a difference in munity concerned who helped compile it. As a addressing the problems identified in the motion. principle of community development work, pro- It is unusual that Private Members’ business ducing a report such as this and identifying prob- should focus on a particular area. The Green lems that exist in an area, the extent to which Party has generally introduced legislation or pro- the community can marshal resources to address posed minor Bills by way of Private Members’ those problems and where external help is business. The focus on a single area may reflect needed, is always a useful exercise. the fact that the Leader of the Labour Party rep- Unfortunately, it is in the third area that resents this area, but I would be slow to accuse Government and State agencies tend to let down him of priming the pump by the use of this type communities such as those in Tallaght. My of motion. It would be inappropriate if that was experience of working in the community youth the case. sector shows that, unfortunately, there already 347 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 348

[Mr. Boyle.] meet the needs of the 26 identified areas and exists in Departments a library of such reports many others. on communities throughout the country. Reports similar to the one on west Tallaght could be pro- Mr. Crowe: I welcome the opportunity to speak duced on Darndale and Muirhevnamo´ r in Dun- on this issue. There has been some criticism of dalk. Reports have been produced in the Mahon the report of the Tallaght West Childhood community in my constituency. Mahon is a good Development Initiative but I welcome the fact parallel to Tallaght because the two communities that both the Government and Labour Party wel- have similar histories. Although they have differ- come it. It does focus on the problems that exist ent populations, they were developed at approxi- in the west Tallaght area. mately the same time. Mahon has particular The endemic problem in west Tallaght is pov- advantages in that the quality of the housing is erty, which has been systemic down through the higher than that in Tallaght and lessons were years. Regardless of what the Government says learned from other parts of the country where about different programmes designed to address mistakes were made. Unfortunately some of it, the reality is that the unemployment rate in the those mistakes continue to be made. area is double the national average and over half Difficulties in disadvantaged communities arise the children living in the area are still depending from a combination of the standard of housing, on State benefits. In this debate we need to talk housing allocation policy and the failure to about how we will address these problems. achieve a proper blend of economic and social Deputy O’Connor referred to the policing life. When the balance is out of kilter, we find problem. Many of the problems faced by the that social problems arise that would not other- community are triggered by poverty. Policing is a wise exist. Unfortunately, State agencies and the huge issue. The closest contact people have with Government in particular have not been address- the police is when they try to report a crime. The ing them properly. immediate difficulty in the Tallaght area is trying In the Mahon community, my colleague coun- to get through to the local Garda station. The cillor Chris O’Leary has been speaking very much gardaı´ have been telling people for years that the on the anti-social behaviour indicated in the Lab- telephone system in the station will be upgraded, our Party motion. He has suffered two attacks on but I recently received a letter from the Minister his house in recent weeks. A number of stating that there is no such plan. Even at this approaches can be taken when an incident such as basic level, there is a problem. If there is crime this happens. He has taken the approach, which I happening in one’s area, one cannot get in touch support, of suggesting that if antisocial behaviour with the gardaı´. is to stop or decrease in such communities, it must Another problem that has been mentioned is be on the basis that people speak out. The law- that there are not enough gardaı´. Could we make abiding citizens of such communities, who com- a comparison with other parts on the country in prise the great majority, must be allowed to speak this regard? The reply from the Minister was that and be afforded the right to live appropriately. this would cost too much and waste Garda Returning to the central aspects of this motion, resources. However, if one asks Members of this there are a number of Tallaght-related issues that House if there is a crime problem in Tallaght, the Labour Party is seeking to promote. They they will certainly say there is. If one asks them have a wider context, as evidenced in similar privately whether they believe there should be communities throughout the country. The call for more gardaı´ in Tallaght, they will say they do. the Tallaght Garda station to have divisional However, this view does not seem to have drifted status is fully supported by the Green Party. As into the mind of the Minister. highlighted in Deputy O’Connor’s contribution, The report does not cover the anger, frus- the fact that west Tallaght, which must have a tration, sense of abandonment and sense that no population equivalent of that of Kilkenny, does one is listening felt by the people of Tallaght, but not have a Garda station shows how badly wrong it does come up with solutions. On the crime our planning has gone in that community. problem, a report is to be released next week The issue of child care will be covered by other entitled Youth Needs in Tallaght 2004. It refers Members so I will speak about the RAPID pro- to the need for a forum and the fact that young gramme. The motion calls for the programme to people feel isolated from the gardaı´. One positive be restored to fund in 2005 areas such as Tallaght solution would be a forum in which young people that were targeted in an original Government and other members of the community could sit announcement prior to the general election of down in a neutral environment to address their 2002. RAPID is the cruellest acronym that was problems. ever developed by a Department. RAPID fund- There is also a drug problem in west Tallaght ing was meant to be directed into 26 communities which, again, is related to poverty. The com- around the country, but very little additional munity has been trying to address it. If people are funding has been provided in many of them. This asked whether there is a need to double the has only added to the burden of the residents. In Garda resources in the area, they will answer in effect, the Government has cheated these com- the affirmative. munities. I support this motion and I would like Last night Members referred to playgrounds the Government to address the issues it raises to that are to be opened in Tallaght. We already 349 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 350 have a playground in Jobstown but it is closed for sioners, to pay tax while those earning millions two days per week because there are no staff to pay no tax. Governments whose persistent supervise it. There is talk of providing three more budgetary policy is to favour the rich cannot playgrounds. Will they be staffed? People talk of claim to be committed to social inclusion, yet the joining the dots but it does not require a know- Government amendment perversely claims to be ledge of rocket science to know that playgrounds directing public expenditure towards meeting the need to be supervised if they are to remain open. needs of low income households. Any objective Similarly, if there are no people to open other analysis of Fianna Fa´il-Progressive Democrats facilities in the area, difficulties will arise. budgetary policy will demonstrate that those who As I stated, the community has twice the benefit most are those who are already affluent. national average level of unemployment, yet CE To say otherwise is simply false and hypocritical. schemes and JI schemes were cut at a time when This is why there are areas like west Tallaght, the the community was crying out for facilities. These north inner city and many others like them. The cuts had a knock-on effect. Government’s amendment refers to its strong Yesterday I asked the Minister about edu- social and affordable housing programme, which cation and she stated her Department would is laughable, yet tragic for the unfortunate famil- examine the ideas in the report. I would like con- ies trying to get a home of their own, and this firmation that the Departments of Justice, coming from a Government that capitulated to Equality and Law Reform and Health and Chil- the builders and developers who refused to dren and those responsible for the RAPID pro- deliver the 20% social and affordable housing. gramme will actually look at the report. I wel- The west Tallaght report highlights the import- come the statement of the Minister of State, ance of education for disadvantaged children and Deputy Brian Lenihan, that he will meet its calls for the expansion of programmes designed authors. to improve early school provision, and rightly so. The report refers to solution-based approaches. The recent OECD report indicated that, despite We need solutions to the problems that have the years of the Celtic tiger, Ireland remains a been affecting west Tallaght down through the blackspot when it comes to early school pro- years. We can outline all the programmes that vision. I have drawn attention in this House to exist but this is not enough. Redress is not hap- community-based after school projects in my pening fast enough and children are growing up area, doing the work which the OECD pointed in an unacceptable environment. The report out- out as vital, yet in short supply. These same after lines the solutions to the problems and we are school projects are undermined by lack of fund- asking that the Government take them on board. ing and a constant struggle to keep going. Despite the importance of education and tackling disad- Mr. Gregory: I support this motion on the vantage, local schools in my area contacted me to report of the Tallaght West Childhood Develop- say that a recent change in Department policy ment Initiative and acknowledge the work of all will result in the most vulnerable disadvantaged those who helped produce it. As the motion schools in the inner city losing badly needed states, the conditions in Tallaght are replicated in resource teachers, while larger advantaged other disadvantaged communities throughout the schools, such as those in Foxrock, will gain country, nowhere more so than in my constitu- additional resource teachers. This is apparently ency, particularly in parts of the north inner city. on the basis that allocations will be based on size It demonstrates that this country is a very div- rather than on need. It is yet another example of ided and unequal society. Various recent reports what the Government refers to as commitment to suggested that Ireland is one of the most unequal social inclusion. societies in the developed world. This seems Unless there is a radical change in Government unbelievable in the context of the years of policy to redirect resources to areas in need and extreme affluence, with budgetary surpluses of to the most disadvantaged people, extreme billions. The budgetary policy in this State for inequality will continue to be a blackspot on our many years has served to benefit most those who society. need it least and has failed to make any effort to redistribute wealth so that the weaker sections of Mr. F. McGrath: Thank you, a Cheann Comh- our people might benefit and a fairer society airle, for giving me an opportunity to speak to emerge. the motion today, which expresses concern at the At least the Progressive Democrats do not serious picture of inequality and social depri- attempt to disguise their political philosophy in vation in some parts of the State, and not just regard to inequality. The Minister for Justice, in Deputy O’Connor’s constituency. Right in the Equality and Law Reform, Deputy McDowell, middle of a wealthy country there is massive pov- boasts and believes that inequality is necessary erty, anti-social behaviour, serious crime, bad and good for the economy. However, the housing and blatant neglect. That is the reality Government’s amendment to the motion is not and the content of the motion before us today. It so forthright. Instead it reeks of hypocrisy when it is the reality for many people in society, for refers to the Government’s commitment to social whom it is a nightmare. Children are intimidated inclusion, while the same Government obliges and cannot sleep at night and the elderly are people on the lowest incomes, and even pen- bolted into their homes each night at 7 p.m. in 351 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 352

[Mr. F. McGrath.] stituency, they also live in my constituency. There fear of attack. This is the dark side of our vibrant is massive social and educational disadvantage, healthy economy. It is something we must face up where people do not have a proper home and the to and I welcome the fact that the report does so. elderly are totally intimidated. After seven years It is why I welcome the Tallaght West Childhood in power by Fianna Fa´il, and the massive wealth Development Initiative and let us hope its recom- and resources of the State, why are people still mendations are implemented. We now need living in these circumstances? This is the reality action, and I mean decisive action. When we talk of the debate. I urge all Deputies to support the about poverty, let us stop beating around the motion. bush and say straight out it is about a quality edu- cation service, a decent home and a decent job. If Ms McManus: I wish to share my time with one has these three things one will never be poor. Deputy Michael Higgins and Deputy Wall. I urge people involved in studies and surveys to reflect on Karl Marx’s advice when he stated, An Leas-Cheann Comhairle: Is that agreed? “The philosophers have only interpreted the Agreed. world in various ways; the point, however, is to change it.” This is what the motion is about. It is Ms McManus: This is an unusual Private about the urgent need for radical change and put- Members’ motion because it deals with a specific ting the resources, no matter how unpopular, into report about a specific community, which I wel- the most needy and the most disadvantaged. Edu- come. Defining solutions, which the Tallaght cation, a home and a job are always the starting West Childhood Development Initiative has point. The rest will fall into place and we cannot done, is essentially about ensuring that politics allow a situation where Ireland has one of the can respond to people’s needs at local level. lowest levels of social protection expenditure in The Government must respond because what Europe. As a proportion of GNP, the Irish figure is set out in this report is a record of struggle but is 16.5% compared to the pre-enlargement EU also of strength. If communities are supported, figure of 27.3%. In Sweden, for example, the fig- ure is 32.3%. Social protection expenditure they can attain remarkable achievements. With- includes expenditure on sickness, old age and dis- out support and solid measures, they suffer, and ability, which relates to expenditure from tax- children in particular. There is an onus on the ation and social insurance. Societies with high lev- Government not simply to put out the vague els of social protection typically have low levels aspirational words that are contained in this of poverty risk and vice versa. In other words, amendment but to present the solid measures despite our great economic growth, the Govern- that will make a real difference and bring about ment is not delivering to the most needy in real change. If the report’s challenge is met by society. the Government, it will bring benefits not only to It is time for tough decisions to be made for west Tallaght but to all areas of disadvantage. working people and the lower paid. It is time This report is simply the portrait of one such their issues were put at the top of the political community but there are many others with the agenda. This initiative is the beginning of same problems and strengths in all our con- urgently needed change. We need to invest in stituencies. disadvantaged communities. Investment begins at The recent report on child poverty by the Chil- pre-school and primary level, otherwise it is a dren’s Rights Alliance parallels points made in waste of time. If we are serious about democracy, the report on west Tallaght. The issue of chil- there needs to be more community development dren’s poverty is fundamentally attached to the and more social justice. We also need active lab- issue of access, or the blocking of access, to health our market policies to assist people into good care for children and their parents. A medical quality work. We need a strong social protection card is a passport to accessing health care for system and good and accessible provision in areas people on low incomes and the Government has of education, health care, housing and community promised repeatedly to introduce 200,000 and public transport. These are the key issues for additional medical cards. Rather than an investment. Then we will lift people out of pov- increase, however, 101,000 medical cards have erty, and for those who are still doubtful, it also been lost and the system has become more unfair lifts and develops economic growth. A society and inaccessible for thousands of people. The that turns its back on the 20% of its poorest is chief medical officer of the Department of Health doomed to failure. This report is an opportunity and Children argued in his annual report a to deal with this problem. I urge Deputies to sup- number of years ago that all children should have port the report because it is a breath of fresh air. medical cards. Instead, the extraordinary decision We must ask ourselves certain fundamental is made by the same two parties in Government, questions. After seven years in power — I Fianna Fa´il and the Progressive Democrats, to address this question to Deputy O’Connor, the extend medical card eligibility not to children of Minister, Deputy Lenihan, the Minister of State, families on low incomes who are living in poverty, Deputy Noel Ahern, and other Ministers — why but to those people over 70 years of age not pre- are there still people living in poverty? These viously eligible, many of whom are at the richer people are not just living in the Deputies’ con- end of that age group. The wealthy over-70s were 353 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 354 given medical cards by the Government while have better access to psychology and OT ser- children continue to be neglected. vices. Basic speciality services were not readily If any one of the 11 millionaires who paid no accessible to the vast majority of services sur- tax in 2001 is over 70, he or she qualifies for a veyed. Lastly, services with higher medical card medical card while children of low income famil- holder ratios are significantly more likely to ies in west Tallaght and other areas cannot get a have only a temporary clinical director in post. medical card because the income thresholds are so low. In one case, a family doctor working quite This is a damning indictment of the failure of this close to west Tallaght was unable to supply the Government to ensure the fruits of the Celtic newest and best medication to a 21 year old pati- tiger are distributed to those most in need. ent suffering from schizophrenia because the lat- ter’s income exceeds the limit of \142 per week. Mr. M. Higgins: I welcome the opportunity to This represents a deep injustice to that young speak on this important motion. It will astonish man but is only one of many such injustices. This many in Europe and throughout the world to injustice with regard to health care has been bols- hear we are debating an issue of child poverty in tered and deepened by Fianna Fa´il and the Pro- a country which has been describing itself glo- gressive Democrats. We must ensure this is recog- bally as one of the great successes of modern nised and that a new, radical approach is taken to times. The report that is the subject of this motion tackle inequality. is akin to those great reports of the 19th century Some 15% of the children who were quest- which drew attention to the tenements in ioned during the research for this report suffer England and the deprivation of young children. chronic poor health, including depression, eating The Government should accept this motion and disorders and problems managing simple tasks. announce, for example, that it will combine the Some 41% live with adults experiencing existing services by way of intervention to put depression and 26% live with adults who are into practice these concrete proposals. chronically ill. There is an extraordinary set-up The report is significant in a number of ways. with regard to health care in that the communities For example, it is research-based and makes ref- and individuals who suffer most ill-health because erence to eight or nine international models of their social class are the ones who experience which could be tried out. It also suggests a most difficulty in accessing health care. Access is strategy for combining different Departments and in inverse proportion to need. agencies to secure the best type of intervention. This is especially true with regard to mental Sadly, the Government’s response speaks of the health, which is rarely spoken about in general total amount which has been spent nationally on discussions about health care. We talk about housing and other types of social provisions. For other things, such as inequality in terms of life example, \1.8 billion has been spent on social expectancy, cancer and heart conditions, all of housing. Buried under this assertion is the reality which are real. It has been highlighted in this that some 68 houses were provided last year out report, particularly with regard to children and of the tens of thousands under social housing young people, that lack of access to mental health because the Government favours the handing care is a real and pervasive issue. The percentage over of housing to speculative developers and of money spent on mental health has plummeted rewarding the latter, with significant con- while the Celtic tiger economy has grown. sequences. It is interesting that different research docu- The report is a disgrace and makes a mockery ments in the area of health care reflect and affirm of the term “republic”. It makes people like me the findings of each other. A report carried out go back to those early documents of the founding by the Irish Psychiatric Association is of great of the State which stated that every child would interest. Concerns are expressed in this report be treated equally. How ashamed members of about the layout of services and how they relate this Government should be to walk through to need. When the researchers analysed the avail- Tallaght, or any of the many more places like it. ability of services, they found an inverse pro- I remember visiting Tallaght during my time as portion between the provision and the level of Minister to discuss the building of the Tallaght deprivation and extent of need. Various measures theatre and I met many different people with were used to conduct this research, such as the positive proposals about how to help their number of medical cards in an area, a simple and community. straightforward measure of deprivation. The What struck me when I read the Tallaght report states: report was that Tallaght has just under 7,000 chil- The results of this survey indicate that for dren under the age of three. The kind of question many key services within mental health, clinical the people of Tallaght must ask parliamentarians, resources tend to be concentrated in the least not just those in the constituency but those in this deprived rather than the most deprived areas. House, is how life will change for the 6,900 plus The most deprived areas have significantly children under the age of three. Will they have fewer acute beds, larger sector sizes and a better prospects of attending school regularly. In greater temporary consultant to consultant 2004, is it not extraordinary that in some areas in psychiatric staffing ratio. There are almost sig- the north of Dublin city where food is provided nificant trends for the less deprived areas to in the morning, school attendance rises? Where 355 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 356

[Mr. M. Higgins.] night and again today. They are here to see what hungry children are given meals at school, attend- hope the Government will give them with regard ance improves. to the positions they hold and the groups they We have a welfare Act in existence that is sup- represent. posed to establish education welfare officers who Volunteerism keeps a society together and it might liaise between children, the home, the has done so for generations. One must wonder school and the environment, yet these positions when one examines the Government amendment have not been filled. People have also been writ- to this motion what these volunteers can take ten off and we have gone through the details on home from this debate. What message can they this previously. We had a change of Government bring to their particular groups in Tallaght about in 1973 at a time when a war against poverty was what funding they will get or what future each under way under the Johnson regime. Initiatives group will have? The message they get will reflect on poverty were also taken in Britain and Com- the message that groups throughout the country bat Poverty was established in Ireland, and then will get, both in my constituency and others, rural as a European programme. I remember all the and urban. debates suggested, for example, that the poor are This motion is concerned with ensuring the suc- poor because of characteristics associated with cess of the various groups and the development themselves. of their communities. It was concerned initially The Ta´naiste and Minister for Health and Chil- with Tallaght where people felt they were hard dren, Deputy Harney, has suggested we should done by because many of their basic human needs help those who are making an effort to help were not supported. This has come out strongly. themselves, as if there was no need for a struc- The aspect of the report that has most affected us tural intervention for children who will be poor is that 90% of children are in fear of anti-social after another cycle or to prevent this happening. behaviour. It is for this reason I mention the vol- The current Minister for Justice, Equality and unteers. They are important, whether as part of a Law Reform has made outrageous statements, residents’ association, a cre`che or a sports club. from his well-heeled privileged background. He They support children after school, during never listens to people, but he has a continually recreation and in the home. We must improve bullying tone. He talks to himself. His suggestion funding for such groups in areas like Tallaght to that inequality is good for society reaches back to ensure they can support the social needs in the the 18th century for an archaic version of life and area. society to impose on people. How dare he suggest The number of children living in damp and this? How can he speak of equality if he says the despair in overcrowded housing has doubled in children of the children who are poor must look the years from 1991 to 2002. What the previous forward to even less in terms of education, Minister for Social and Family Affairs, Deputy nutrition and services of the State? Coughlan, did with regard to the rent subsidy, How can the Minister of State at the Depart- means that families are deprived of their subsidy. ment of the Environment, Heritage and Local They must live in hovels, not alone in Tallaght, Government justify the situation where when but in every town and city. It is unthinkable that 46% of housing is local authority housing, chil- when a person comes to the door of the com- dren are being reared in damp unsuitable con- munity welfare officer, who must follow the ditions that are not conducive to their develop- guidelines of the Department, they are told the ment, education or job prospects? Where also is place they are going into is too good. It is unbe- the report of the task force about which we heard lievable that we must witness this and then have so much and which was funded under RAPID, to try and appeal that decision. Is it not an awful the money for which has largely disappeared? It indictment of this Government and the previous was supposed to make a comprehensive inter- Minister for Social and Family Affairs that they vention across agencies and Departments to are told the place is too good for them? This is address this issue. what the people in the Visitors Gallery and This issue concerns a fundamental philosophi- people around the country must think. cal policy position. It is the Progressive Demo- They must wonder what we are doing here. crats’s version of life, to which they have con- Can we not instil in the Government the belief verted Fianna Fa´il, that everyone will be lifted in that this is wrong? We are depriving the children the end. It is rather like as Deputy Gregory said, of a decent standard of living. They have not a those who are buried in poverty should hope that home of which they can be proud or to which one day one of their number will rise to be like they can bring their school friends. I hope the cur- the McDowells and the rest. In its resolution the rent Minister for Social and Family Affairs, Government is opposing our conscious inter- Deputy Brennan, who has stated that he will vention towards changing society to establish and investigate the savage 16 cuts, will do so and make the first few steps towards equality. That is return some pride to the children of this country. a shame. He must allow the children to mix with other chil- dren, be proud of what they have and bring their Mr. Wall: I am pleased with the opportunity to friends to their homes. If that happens we will see speak on this motion. I was interested to see some an essential mix which will improve the standard people from Tallaght in the Visitors Gallery last of living. This mix in society will allow volunteers 357 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 358 to work in their community and improve society. such as this in a political way and to raise red It will assist the decline in anti-social behaviour herrings to which I will not refer in the short time and the result will be that the 90% of the children available to me. in Tallaght, who are reflected in many other In large parts of Tallaght there are thriving areas, will be able to go out and mix socially with- communities. If this report had been done 15 out fear. Surely they are entitled to that. They are years ago, it would probably have shown a far entitled to enjoy themselves from the time they worse situation. Tallaght now has The Square, a get up in the morning. shopping centre, Luas, the hospital and the Children are entitled to go to play-school, institute of technology. It is a more developed national school, clubs etc. We must ensure that place than it was. I will not bore the House by people in towns like Tallaght, Athy, Newbridge listing what various Departments are doing. No and Mallow etc. can do this. In that way we will single solution will solve the problems experi- have standards acceptable to all of us. However, enced by areas such as Tallaght. Communities there is nothing in the Government amendment need improvements in education, employment, that proves the Government is willing to achieve facilities and living conditions. Above all, they this. I urge a review of its amendment and ask need hope. Tallaght has been given hope. The it to ensure funding is provided for the Tallaght people of Tallaght are not being told they are liv- strategy. The volunteers in the Visitors Gallery, ing in a less desirable area. We are telling them who are the heart and soul of their community, what has been done and what is being done. must be allowed to go back to their groups with People are succeeding and providing good role positive results. models in areas such as Tallaght. Communities can be assured that the Government is committed Minister of State at the Department of the to doing more. The Government has a responsi- Environment, Heritage and Local Government bility to provide structures and plans but that (Mr. N. Ahern): I thank the childhood develop- cannot be done without the support of the com- ment initiative in Tallaght west for its report munity. There are wonderful community people which highlights the issues faced by the Tallaght in Tallaght. It is vital that they work with the west community. Research such as this is valuable system. I know from my experience in my con- and can be positive. We must be careful to pick stituency that one can do nothing without the the positive aspects from reports such as this and support of the people. Government help is avail- prevent people from presenting them with a able. I will not list the vast supports which have negative spin. The report contains interesting and been put into education but they show the sup- worthwhile suggestions and information, which is being given serious consideration. port given by Government and the progress that One could find similar situations in communi- has been made in recent years. ties in other parts of the country and certainly in While recognising the progress that has been parts of Dublin with which I am more familiar. It made, especially in employment and participation would be wrong to claim that these in education, no one can be complacent. I cer- 12 o’clock problems exist in one part of the city tainly am not complacent about the issues in west and nowhere else. Much good work Tallaght or anywhere else. The issues dealt with is being done by families and communities in in the report are interesting. They highlight and Tallaght west and many people in those com- bring home to Government what needs to be munities are proving to be successful citizens. done, if any of us were forgetting or did not When I was first elected to Dublin City Council know. The Government will be unrelenting in in the middle of the 1980s, the corporation was continuing to ensure that Tallaght west and other building massive estates in Tallaght and Clondal- areas like it are targeted by the range of Depart- kin and around the fringe of west Dublin. Estates ments. We are doing that and we will continue to were designated as Neilstown A, Neilstown B and do so. somewhere else C. We would build 400 houses in this green field and another 400 houses in that Mr. S. Ryan: I wish to share my time with green field. I understand the political pressure to Deputy Penrose. In his response, the Minister of provide houses which existed at the time, but State said repeatedly that the report contained those involved did not look down the road. I can good and interesting suggestions. He did not say understand that now having been Minister of he was fully committed, in the shortest period State at the Department of the Environment, possible, to working with the communities in Heritage and Local Government. Nevertheless, Tallaght to implement the report’s recom- we must realise that providing houses is not the mendations. solution. We must also provide facilities and build sustainable communities. We did not do so in the Mr. N. Ahern: I did. 1970s and early 1980s when the economy was not going well and many problems arose as a result. Mr. S. Ryan: I am delighted to hear the Mini- If we are trying to solve these problems and ster of State confirm that once again. pull together the services provided by different Departments, we must try to be reasonable. Mr. N. Ahern: If I had an hour, I could list all Opposition Members are inclined to treat reports the good work the Government has done. Central 359 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 360

[Mr. N. Ahern.] restrictive and prudent policy but this time last heating systems have been installed in houses, year it made savings of \58 million on some of the for example. most disadvantaged people to whom the report refers. The savings were made on training, edu- Mr. S. Ryan: I compliment all those involved cation and jobs. Most of those affected were hit in producing the Tallaght west childhood by the \58 million in cutbacks. It is no use blam- development initiative report. Much time, work, ing the former Minister for Finance, Deputy energy, thought, ideas and meetings were McCreevy, because at the same time the Govern- involved in drawing up the report. It is clear that ment made an extra \67 million available to the there are people who are prepared to work for rich and famous in the racing industry. How can their own area. These people seek the support of we provide social justice and equality in such cir- Government and the local authorities in provid- cumstances? ing the infrastructure necessary to improve the The report can be applied to various areas of quality of life for themselves and their children. the country. This group has said, “We’ve had Given its implications for so many people in this enough. We’re going to help ourselves. We’re area the report must not be allowed to gather looking to the Government and local authorities dust on a Minister’s shelf. Too much is at stake. for help”. It is no use stating that there are good My party leader, Deputy Rabbitte, will not allow and interesting aspects in this report. It is up to that to happen, whether in or out of Government. the Government to build on the report to ensure I share his concern on that matter. that people living in such environments, whether The planners and decision makers in Dublin in Tallaght in my constituency of Dublin North, have much to answer for. Some 25 or 30 years in Limerick or in Galway, will have an oppor- ago, decisions were taken to take living communi- tunity to benefit from these recommendations ties from the centre of Dublin and drop them into that must be implemented by the Government. green fields in the middle of nowhere near the border between County Dublin and counties Mr. N. Ahern: It is happening. Meath and Kildare. Estates were unfinished and there were no shops, schools, roads or public Mr. S. Ryan: The Minister of State should work lighting. Above all, there were no jobs. Unem- to implement this report. ployment in the region of 80% and 85% was not unusual in some of these areas. In addition, the Mr. Penrose: I am glad the Labour Party has young people who were moved out to new estates taken the opportunity of moving this important lost contact with their families in the city centre motion. I thank everyone who has supported the because there was no public transport. Young broad thrust of the motion before the House, as parents had to push prams and go-cars three and well as acknowledging the work of those people four miles across muddy fields to reach public from Tallaght who participated in this project and transport to shops and to their families. Planners brought it to fruition. The situation as outlined by and decision makers have much to answer for. my colleagues is replicated around the country. Parents and community activists are now say- The people of Tallaght have played an important ing enough is enough. They want to do something role in bringing this report to the point where it themselves and they want the support of Govern- has become a matter of political focus. ment and the local authorities. We are one of the I was the eldest of ten children and our family richest countries in Europe. During the Celtic lived in a three-bedroom house. It was warm and tiger era, Ireland had one of the fastest growing snug but we did not have running water and there economies in the world, and it still has. We have was a dry closet. No matter how bad things were seen many benefits. We have created jobs and at that time, however, the Government of the day unemployment has fallen. We may have a suc- — it was nearly a one party State at the time — cessful economy but do we have a successful and led by E´ amon de Valera and Sea´n Lemass, pro- all-embracing society? vided milk for young children and shoes through Ask the people who feel disadvantaged or mag- the community welfare system. In one form or inalised, those who feel there is little or no sup- another we were helped as a family. Nowadays, port for them. They may even feel there is no however, when the Government has to make a benefit in casting their votes at the ballot box. choice, the first thing it does is to take the hatchet The Government may deny it but we have a rela- to any scheme that benefits the less well off. My tively high level of poverty and social exclusion colleague, Deputy Howlin, is trying to develop a in various parts of the greater Dublin area and policy to reverse the worst excesses of what has throughout the country. Political will and leader- happened as a result of cutbacks in the com- ship both at national and local level must be pro- munity employment and job initiative schemes. vided to help the people cited in this report. My colleague, Deputy O’Sullivan, referred to this More children than adults face the risk of pov- matter in yesterday’s debate. Those schemes erty. Groups of children particularly at risk are worked tremendously in the community by pro- those living in welfare-dependent or other low- viding cre`ches, meals, environmental enhance- income households, those living in lone-parent ment programmes and places where people could households, children in large families and those meet. Instead of abolishing the schemes, the with disability. The Government introduced a Government should have developed them into 361 Childhood Development Initiative: 28 October 2004. Motion (Resumed) 362 urban and rural initiatives encompassing such the chairman of the NESC is also Secretary Gen- aspects of community endeavour. eral to the Government and the Department of My colleague, Deputy Howlin, will make the Taoiseach, is it possible that the Taoiseach is strong and detailed proposals to deal with this unaware of the views expressed in the NESC matter. That is the type of action we need. When report? there is a choice to be made, the Government The Conference of Religious of Ireland has always comes down on the side of the rich. Look also published a report. I know the Minister of at what happened as a result of this Govern- State does not pay much heed to CORI, apart ment’s past budgets. If one earned \100,000 per from inviting them down to Inchydoney for photo year or more, one gained approximately \600 per opportunities. CORI’s report, entitled Priority for week as a result of the past seven annual budgets. Fairness, makes it clear that it does not accept However, down at the social welfare end of the this measurement as being adequate, adding scale, a person would have gained only \50 per “Consequently, we welcome the conclusion by week over the same period. The Government is the ESRI that on its own this measurement does perpetuating the division and inequality, which not tell the whole story, nor does it represent the goes to the heart of this motion. That political best way to frame a poverty target in current cir- choice underlines the difference between the cumstances”. Government’s philosophy and that for which the If the Minister of State is framing budgets on Labour Party stands. The Minister of State may an incorrect basis how can he tackle the funda- not like it but we stand for something different. mentals as outlined by the authors of the excel- We believe that if there are choices to be made, lent report in the motion before the House? If the Minister of State and his Government col- the poor should not bear the brunt of hard leagues do not know the correct measure of pov- decisions but should be included instead. erty themselves, how in the name of God can they The Minister of State’s brother, who is leading tackle the problems outlined in the report? The the country as Taoiseach, talks about the decline Minister for Social and Family Affairs disgraced in consistent levels of poverty but it is an inappro- the Government and the country by visiting the priate measure of real poverty. This is a regress- hatchet of \58 million worth of cuts on ordinary ive policy that the Taoiseach has tried to justify working people and lone parents. The back to by saying that consistent poverty is in decline. education allowance was swiped. When the Government launched the national I will give the Minister of State an example in anti-poverty strategy in 1997, it adopted the con- case he is not aware. I know a young girl who cept of consistent poverty to assess ongoing levels qualified for the back to education allowance. of poverty. It continues to use that measure Having completed two years in college, she despite the fact that it is not relevant to actual became pregnant and, 11 months later, wanted to poverty as experienced by people around the start her third year. Everyone tells us that edu- country. cation is the best way out of poverty. However, The more widely used and internationally because the then Minister, Deputy Coughlan, had accepted definition of poverty is “any household increased the qualifying period from six months with an income of less than half the average to 15 months, the right of centre Government household income”. The Government does not decided this girl who wanted to start her third refer to that definition because it is inconvenient. year and qualify for a degree should not be The consistent poverty measure was developed included under the pretext of abuses of the by the Economic and Social Research Institute system. in 1997 and included eight specific indicators of It is time to wake up and get away from the deprivation, such as whether one could afford a ideology of the Minister for Justice, Equality and waterproof overcoat or had not eaten a substan- Law Reform, Deputy McDowell, that permeates tial meal in the past week. the Government. It is time for the people to wake The National Economic and Social Forum has up and give the Government one hell of a boot added its concerns to the continuing use of con- out of office. For the past seven years this sistent poverty measures, stating that “the credi- Government and the previous one have bility and usefulness of monitoring poverty tar- destroyed the fabric of society by undermining gets will be undermined if the camera remains and attacking at all times those on the margins. trained on what may no longer move”. Given that Amendment put.

The Da´il divided: Ta´, 61; Nı´l, 46.

Ta´

Ahern, Noel. Callely, Ivor. Andrews, Barry. Carey, Pat. Ardagh, Sea´n. Carty, John. Brady, Johnny. Collins, Michael. Brady, Martin. Coughlan, Mary. Brennan, Se´amus. Cowen, Brian. Browne, John. Cregan, John. Callanan, Joe. Cullen, Martin. 363 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 364

Ta´—continued

de Valera, Sı´le. McGuinness, John. Dempsey, Noel. Moloney, John. Dempsey, Tony. Moynihan, Donal. Devins, Jimmy. Moynihan, Michael. Ellis, John. Mulcahy, Michael. Finneran, Michael. Nolan, M.J. Fitzpatrick, Dermot. O´ Fearghaı´l, Sea´n. Fleming, Sea´n. O’Connor, Charlie. Gallagher, Pat The Cope. O’Dea, Willie. Glennon, Jim. O’Donnell, Liz. Hanafin, Mary. O’Flynn, Noel. Haughey, Sea´n. O’Malley, Fiona. Hoctor, Ma´ire. Parlon, Tom. Jacob, Joe. Power, Peter. Keaveney, Cecilia. Roche, Dick. Kelleher, Billy. Sexton, Mae. Kelly, Peter. Smith, Michael. Killeen, Tony. Treacy, Noel. Kirk, Se´amus. Wallace, Dan. Kitt, Tom. Wallace, Mary. Lenihan, Brian. Woods, Michael. Lenihan, Conor. Wright, G.V. McEllistrim, Thomas.

Nı´l

Allen, Bernard. McGrath, Finian. Breen, Pat. McGrath, Paul. Broughan, Thomas P. McManus, Liz. Burton, Joan. Mitchell, Olivia. Connaughton, Paul. Murphy, Gerard. Cowley, Jerry. Neville, Dan. Crowe, Sea´n. O’Keeffe, Jim. Cuffe, Ciara´n. O’Sullivan, Jan. Deenihan, Jimmy. Pattison, Se´amus. Durkan, Bernard J. Penrose, Willie. Enright, Olwyn. Perry, John. Ferris, Martin. Rabbitte, Pat. Gilmore, Eamon. Ring, Michael. Gormley, John. Ryan, Eamon. Gregory, Tony. Ryan, Sea´n. Healy, Se´amus. Sherlock, Joe. Higgins, Joe. Shortall, Ro´ isı´n. Higgins, Michael D. Stagg, Emmet. Hogan, Phil. Stanton, David. Howlin, Brendan. Timmins, Billy. Kehoe, Paul. Twomey, Liam. Lynch, Kathleen. Upton, Mary. McCormack, Pa´draic. Wall, Jack.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies Stagg and Kehoe.

Amendment declared carried. grant citizenship to the children of parents who are not British subjects. The passing of this Bill Motion, as amended, put and declared carried. will ensure that we have closed the loopholes in our laws that have allowed citizenship on birth to Irish Nationality and Citizenship Bill 2004: children born to non-national parents in this Second Stage (Resumed). country. In EU countries, the citizenship application age Question again proposed: “That the Bill be can range from 18 to 23 years. The terms of this now read a Second Time.” Bill are more generous and less demanding than those that generally obtain in Europe. The terms Mr. O’Flynn: It gives me great pleasure to con- of the Bill will be welcomed by the citizens of this tribute to the discussion on this Bill. Its provisions country; they are fair, just and non-discriminat- are designed to ensure the continued consistency ory. The legislation is being enacted to close loop- of Irish citizenship law with the State’s inter- holes in our citizenship laws and its intent is to national obligations under the UN Convention on provide the framework within which our legis- the Reduction of Statelessness, to which this State lators will be able to determine, through due pro- has been a party since 1983. Ireland is totally in cess of law, if a person born in this State to non- line with international practice in exercising the national parents has an entitlement to Irish right to protect its citizenship. Britain does not citizenship. It also clearly guarantees the right of 365 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 366

Irish citizenship to persons born in this island to tinued to manipulate our laws. They would deny any parent who is entitled to be an Irish citizen. us the right to expect that our nationality be given In April 2004, the Irish and British Govern- the level of respect and esteem it so richly ments issued a joint interpretative declaration deserves. that stated their positions relative to the terms of Members all know I was vilified publicly for the Good Friday Agreement. In straightforward, airing this view in this House and in the media unambiguous language, it was stated that no obli- in January 2002. My views have been decisively gation could be imposed on either country to con- proven to be an accurate reflection of the fer Irish nationality on persons born in any part national viewpoint. I was berated by very vocal of Ireland whose parents did not have a sufficient interest groups which denounced what they connection with the country. described as my racist and bigoted views when I spoke out on the abuse of our hospitality by some Mr. F. McGrath: Shame. illegal immigrants. I never uttered a word which could be interpreted as racist. They said I was out Mr. O’Flynn: Before the passing of the refer- of touch with the public. Time has proven that endum, the law recognised the citizenship rights those groups are well able to express themselves, of children of all parents who were legally but it has also shown that they are capable of entitled to reside in the State. It also allowed the seriously misinterpreting the public mind. Proof children of non-nationals legally resident in this of what I say is a matter of public record. The country, born North or South, to acquire Irish recent referendum was endorsed by an over- citizenship at birth. In these cases, there was no whelming majority of those who voted. I would restriction on the period of residence. These cat- like to hear those same people explain that result. egories of persons were specifically exempted No doubt they will say that people were misled by from the terms of this Bill to ensure Irish citizen- the wording and that the terms of the referendum ship law remains consistent with the Good Friday were not sufficiently explained. Yesterday, the Agreement. This and other provisions are Minister spoke at length on this matter. designed to guarantee that the conditions for The result of the referendum cannot be misin- acquiring Irish citizenship are similar, North and terpreted. The people believed that many illegal South. immigrants and some non-nationals were taking This Bill rules out the granting of citizenship to advantage of our citizenship laws. To curb this those that seek on the grounds of major invest- unlawful practice, they voted wholeheartedly to ment in this country at this time. It also builds in endorse the Government’s referendum proposals. safeguards to ensure that such a scheme cannot They authorised this Government to introduce be introduced in the future. amending legislation to bring our immigration The question of citizenship rights in the case laws into line with general European and world- of a child born to non-national parents, North or wide legislation in this area. Our citizens were South, will in future be subject to determination asked to express an opinion, and they have done through our legal system. The facts of any appli- so loudly and clearly. I thank the public for its cation will have to be verified by specific docu- unqualified support for me at a time of great per- mentation as required by the Bill when enacted. sonal pressure from unrelenting attacks from all Establishing proof will require a statutory declar- sides. It is right that we should embody the mass- ation. Regulations will specify the type of docu- ive consensus of our people into the laws of our mentation that is acceptable in support of a dec- land. laration to verify the period of residence. This Those laws are not designed to turn away declaration, accompanied by the required docu- genuine asylum seekers who are fleeing from pol- mentation, will be recognised by the passport itical persecution in their native lands. Ireland has authority as evidence of the reckonability of the always made them welcome. I have always wel- parent’s period of residence in Ireland. comed all genuine asylum seekers who wish to be It is important to note that time spent in this our new citizens in this land. I have always State as a student or as an asylum seeker is not spoken up for, and made representations on reckonable for the purpose of calculation of this behalf of, immigrants who come here legally. I period of residency. There will be no special have worked for those who have approached me entitlement to citizenship for a non-national child and I have been able to help many of them. I born while on a ship or aircraft that has come to have enabled them to integrate and to make a Ireland. There will also not be any right for valued contribution to our society. students or asylum seekers to ask that a period of On the other hand, I have also expressed my residence, North or South, be taken into account views many times in public on the blatant abuse in a claim to determine their entitlements to of the Irish immigration system prior to the gen- Irish citizenship. eral election of 2002. I have always said that those I want to make myself clear on one issue. We who wish to speak out on issues of public concern in this State have the right to respect and cherish should not be afraid to do so. They are obliged our Irish citizenship. We in this House carry the to do so even though they know they face the responsibility of protecting that citizenship. We likelihood of being attacked by vested interests. could not allow our natural stature to be dimin- As I said, I have been viciously targeted by some ished by those who would have blatantly con- sections of the Dublin media, by spokespersons 367 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 368

[Mr. O’Flynn.] is a familiar word which the Minister has used for Amnesty International and by bodies such as many times and for which nobody has vilified the NASC and the IRC which represent immi- him, even though I was when I used the word two grant rights. Those groups are entitled to speak years. The statement from the embassy accused out on behalf of genuine asylum seekers or for journalists and non-governmental organisations any cause they may espouse, but that does not of encouraging asylum seekers to vilify Nigeria as endow them with the God-given right to deny me a means of staying in Ireland. It also said that the opportunity to speak out about the exploi- while it is the fundamental human right of every- tation of our society and national hospitality by one to seek a better life wherever he or she feels the many illegal immigrants who have come here it is available, the choice of vilifying Nigeria in in the guise of asylum seekers. a desperate bid for a perceived better life with I have already highlighted the activities of encouragement from the Irish media and non- illegal immigrants claiming Irish citizenship on governmental organisations is a step in the the grounds that they had given birth to a child wrong direction. in this country. This loophole in our citizenship The statement went on to say that any Nigerian laws was identified after the enactment of the who seeks to discredit his or her country in spite Good Friday Agreement. It was used by non- of efforts undertaken by the Government and national mothers who arrived in our country in people of Nigeria to improve the quality of life the late stages of pregnancy and who left as soon for everyone is not worthy of being called a good as they had given birth to their little babies. The Nigerian. It referred to a person who said she was mothers of the children had come to Ireland as a sentenced to death by stoning by an Islamic court result of legal advice received abroad. They were in Nigeria. The embassy said that having investi- told their children would automatically become gated this matter, it found it to be false and that Irish citizens and that they could use that as a her allegation had done damage by presenting the lever to secure citizenship for the whole family. country as a barbaric and lawless society. It also They were making a mockery of our citizenship. called on another failed asylum seeker to say This blatant exploitation of Irish hospitality was where and when she had been prosecuted in Nig- done at considerable expense to Irish taxpayers. eria for campaigning against female genital muti- I spoke out strongly on this issue but received lation. According to the embassy, the Nigerian little political support for my stand. The Labour Government was at the forefront of the campaign Party leadership at that time attacked me person- against female genital mutilation, a practice ally in the House because of my stated views which has its roots in traditional beliefs in some which were also those of my constituents. In communities but is illegal and is no longer wide- Cork, Labour Party representatives were spread. The statement called on journalists to unusually silent because they knew what I was check claims made by asylum seekers with the saying was the view of those I was elected to rep- Nigerian Embassy in Dublin or the Irish Embassy resent. They were afraid to speak out against the in the Nigerian capital. party line. They did not reflect the concerns being I refer to that statement because it is important expressed to them by their constituents and mine we have the proper facts when dealing with this in Cork. In doing so, they condemned me by issue. When I made my statement, I was in pos- their silence. session of what I considered at the time to be Some Dublin press columnists, members of facts. The Government’s policy at that time is not political parties and many representatives of what it is now. I recall that I was chastised by all immigration groups accused me of being a racist. sides of the House and not just by the Opposition. They have never substantiated their unfounded Some Members of the Opposition who chastised allegations. Even when they made a formal com- me and who are no longer Members of this plaint to the Director of Public Prosecutions, House almost reached over and attacked me for which was investigated by the Garda, it was found making my statement in January 2002. It gives me I had no case to answer. When I invited them to great pleasure to support the Minister with this do so, they were unable to quote the racist com- timely and progressive legislation and I look for- ments I had allegedly made. They chose the easy ward to voting for it. option; they continued to demonise me. Their pressure did not deter me from exposing the Mr. Murphy: I come to this debate from a behaviour of those illegal immigrants who were slightly different perspective to that of Deputy blatantly abusing our national welfare system and O’Flynn. I still have serious concerns for people the hospitality of our nation. from countries such as Nigeria and the like who I refer to a press statement by the Nigerian seek asylum. I do not think we can take as gospel Embassy in which it accused some of its nationals statements from the Nigerian Embassy as to the of making unfounded allegations against the standard of its civil rights or the way it treats country in a desperate attempt to remain in people who oppose the political regime in that Ireland when their asylum applications failed. country. The same is true of many other coun- The embassy accused bogus Nigerian asylum see- tries. The Bill should not, therefore, affect those kers of making terrible and unfounded alle- who legitimately seek asylum having fled coun- gations against their country of origin in order to tries in which they were the victims of dis- stay in Ireland at all costs. Incidentally, “bogus” crimination. 369 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 370

The Bill provides for amendments to the Irish with its parents or suffer abandonment here. Fine Nationality and Citizenship Act to put into effect Gael contends that there is no reason to fail to changes necessitated by the recent referendum on regularise the status of the estimated 11,000 non- citizenship. In the referendum, 79% of the elect- national parents of Irish citizens who applied for orate voted for a change to the Constitution and residency on the basis of the birth here of a child there is no doubt the majority of the population prior to the Supreme Court decision of January was seeking the introduction of some control on 2003. Admittedly, these people chose to come to immigration following the Catherine Chen case. Ireland because the law as it stood provided the In that case, the European Court allowed Lavette right of residency to the parents of Irish citizens. Chen, as the mother of an Irish citizen, the right The Supreme Court decision and the referendum to free movement within the European Union result mean these circumstances cannot recur and provided she had adequate health insurance and the applicants will not increase in number beyond enough resources to prevent her becoming a bur- 11,000. The back door is closed and the wishes of den on the State. As the Supreme Court had the people as expressed in the referendum are ruled earlier that the parents of Irish-born chil- being implemented in the Bill. dren did not have an automatic right to residency, If the Minister thinks the result of the refer- Mrs. Chen does not have the right to live in endum is a resounding endorsement of a tough Ireland. While the EU ruling applies in all and hard-headed approach to this issue, he is member states, Irish citizenship law is governed greatly mistaken. While the people have spoken by our Constitution and legislation. The EU clearly on the larger issue, they continue to want decision was very restrictive as it allowed only the compassion and generosity to be shown to indi- parents of Irish citizens with adequate resources vidual families and Irish babies. The parents of to remain here. Irish-born children who applied legitimately and I am not sure it was the intention of the Irish in good faith for leave to remain in this country electorate not to deport non-national parents of should be granted an amnesty. Many of these Irish or EU citizens provided they had adequate people have spent long years in Ireland and their insurance and resources. The referendum Irish citizen children know no other home. Many decision imposes an obligation on the Minister to parents who came here in search of a better life define clearly who is entitled to Irish citizenship, for themselves and their families would abandon which he does in the Bill. It is welcome that it their children in Ireland for the sake of their provides for the ending of the passports for sale futures rather than bring them back to the hell scheme which was abused by the Fianna Fa´il from which they originally escaped. Given the Government under Mr. Charles Haughey. The changed conditions, common decency and justice legislation also contains provisions to prevent the demand that we give these families a break and re-introduction of this scheme of investment- grant the 11,000 parents of Irish children the right based naturalisation. Other provisions in the Bill to residency. address the citizenship of the children of foreign As the constitutional position has been clari- diplomats serving here, the rules for the naturalis- fied, we must examine closely all other aspects of ation of non-national children born in Ireland and this matter including asylum structures, work issues of British citizenship as they relate to visas and work permits. While work visas and Northern Ireland. Most of the provisions of the permits are generally matters of Irish law, asylum legislation reflect the contents of the draft Bill provisions must abide by international laws and published in April 2004 as part of the document humanitarian considerations. There is some evi- on the citizenship referendum. dence to suggest we do not take our obligations Whatever the Government’s interpretation of as seriously as we should. In its submission on the result of the referendum, I believe the people this issue, Amnesty International stated that Irish expect it to demonstrate tolerance and generosity immigration officials with responsibility for the in dealing with individual cases. The main con- granting or denial of access to the national terri- cern of the electorate was to prevent the use of tory should be trained comprehensively in refu- the Irish system as a back door to the European gee and human rights law. This training should be Union. It also sought to prevent the pregnancy carried out to reduce the risk of mistakes at tourism which resulted from the fact that Ireland points of entry. Under national law, there is an was the only member state providing an auto- absolute prohibition on the return of a person to matic right to citizenship on the basis of birth. As a state in which he or she is at risk of ill treat- these issues have been addressed, we must now ment. Amnesty International is clear that the way move on. The referendum was held and the Mini- to prevent mistakes is to provide for the presence ster has the power to introduce legislation which of independent observers at arrival stations at all identifies clearly who is entitled to Irish citizen- times to monitor all refusals of entry. These ship. The Supreme Court has already decided observers should have the power to intervene if that the parents of Irish citizens do not have an necessary. automatic right to residency. There is a concern that carrier liability legis- While parents of citizens do not have an auto- lation to penalise carriers whose passengers matic right to residency, they should not be arrive in Ireland without adequate docu- deprived of residency status in most cases nor mentation or visas must not have the effect of should an Irish citizen baby be forced to emigrate preventing asylum seekers obtaining access to 371 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 372

[Mr. Murphy.] 6% of the population living in Ireland are non- this country. Immigration policy must be applied Irish citizens. Some 2,000 non-EU graduates are in accordance with human rights laws. Inter- the backbone of the medical service yet they and national standards of refugee protection recog- many non-EU nurses face recurrent problems nise that people fleeing human rights violations with visas and, in particular, family re-unification. are often not in a position to obtain proper docu- However, most immigrant workers are at the mentation. Asylum seekers must not be penalised lower end of the national wage scale. The Irish for this reason alone. Immigrant Council report highlights the piece- Article 16 of the Universal Declaration of meal market-driven nature of immigration policy. Human Rights provides that the family is the This is symbolised by the fact that work permits natural and fundamental group unit of society are still issued to employers and not individual and is entitled to protection by society and the workers or their families. There is plenty of evi- state. As a nation, we must apply this principle to dence that system has led to massive exploitation. all categories of person. We must especially apply Many such cases have been clearly documented it to the 11,000 parents of Irish citizens who have by the individuals concerned and by many in the applied for the right of residency by announcing trade union movement. a general amnesty to provide it to them. It is now I understand the Minister for Justice, Equality 18 months since the Supreme Court upheld the and Law Reform has acknowledged this problem right of the Minister for Justice, Equality and in the past. However, nothing has been done Law Reform to deport families of children born about it. Work permits should be issued to in Ireland. Approximately 11,000 immigrant fam- employees. This would at least allow them to ilies have been living in a legal limbo since then. change employer within a particular sector. Recognising the plight of these families who Although Ireland will need immigrants for the applied for residency rights before the Supreme foreseeable future, official policy is based on the Court judgment, the Catholic bishops said that assumption that their stay is temporary. Immi- the only moral response was to allow them grants must be viewed as potential permanent remain in the country. Sister Stanislaus Kennedy members of society and should be provided with of the Irish Immigrant Council has strongly equal rights just short of citizenship. Now that the endorsed that stance. As a nation, we are in serious breach of Article Minister has the constitutional changes he sought, 16 of the European Convention on Human it is hoped he will treat immigrant issues with the Rights as far as asylum seekers are concerned. coolness and kindness he envisaged five years We also have serious problems in ago. If he does, and if he implements the laws urgently, fairly and with compassion he can 1 o’clock regard to refugees and work permit holders. The Irish Immigrant Council expect total co-operation and support from Fine found difficulties experienced by people with Gael. work visas and wishing to have their spouses or families join them here to be totally unacceptable. Mr. P. Power: I am glad of the opportunity to The bureaucracy surrounding such applications speak on this legislation. Before commenting on often involves delays of up to two years. The the detailed provisions of the legislation, it is Council also found that the official decision-mak- important to point out that this is the end of a ing process was discretionary and non-trans- fairly long and acrimonious debate since the parent. The Minister for Justice, Equality and beginning of the year. The debate which con- Law Reform must come up with a system that tinued for many months before and during the allows these 50,000 low skilled workers to be re- referendum campaign centred on one issue, united with their spouses and families. Such a namely, whether it is appropriate to deal in this move would address issues of loneliness and iso- day and age with citizenship by way of consti- lation, would create a supportive family unit tutional protection or provision or by way of structure and would provide a second income for legislation. There is no doubt that the argument such families. that legislation is the only appropriate way to deal Discrimination against work permit holders is with the intricacies and complex areas involved in not tolerable under international law. Apart from the issue of immigration and citizenship ulti- our being in breach of the human rights conven- mately won the day. tion, it makes no sense for us as a nation. To sus- Ireland is one of the most globalised countries tain our economic growth we need 50,000 extra in the world. We have one of the most migratory workers each year. In these circumstances, it is far populations in the world. The world, as we all better that these workers live happily in a family know, is becoming a much smaller place. Mass environment thereby enabling them to work and travel by air, sea, rail and road in every shape and contribute to our society and economy. form has become the norm. For that reason, the In a recent report, the Irish Immigrant Council world has become a much more complex place. summed up our current immigration crisis. Immi- It is not open to us as a country or as a Legis- grant workers in Ireland encounter exploitation, lature to provide in our Constitution simple one- bureaucratic confusion, difficulties with family line or one-paragraph bland pronouncements as life, trouble integrating into Irish society and to what constitutes citizenship in the complex everyday racism. According to the 2002 census, world in which we now live. 373 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 374

For that reason, the referendum which took born citizens of non-national parents who have place last June was wholly appropriate. It con- lived here for a number of years acquire Irish ferred on this House the right to make detailed citizenship at birth. This is right and proper and provisions on the right to citizenship. It would not underpins the welcoming nature we have always be possible to insert into the Constitution the had in Ireland. We must end the abuse of our type of detailed provisions we are discussing citizenship law which has enabled those with no today in the same way that it was not possible connection with Ireland to travel here, claim to provide in the Constitution for issues such as citizenship for their child at birth, depart immedi- divorce in all its varied aspects. The constitutional ately never to return and yet have all the benefits referendum merely provided, subject to minor of Irish citizenship conferred on them by our criteria, that it was up to the House to legislate Constitution. To allow people with no connection through the Oireachtas on the detailed provisions to use Irish citizenship and our Constitution in an of that issue. attempt to get around basic immigration controls The Chen case, a final decision on which was in the European Union would certainly call into handed down this week, retrospectively provided question the integrity of Irish citizenship in other 100% legitimacy for the course of action which jurisdictions, something which would reflect was adopted by the Government in the weeks and badly on this House and the country as a whole. months preceding the referendum despite fairly Prior to the referendum, an amount of misin- vociferous and trenchant opposition inside and formation had been spread about the reasons for outside this House. The Advocate General’s posi- and the impact of the referendum and the legis- tion and the subsequent decision of the European lation which was published at the time. The Court of Justice in the Chen case has made it reality is that sensible regulation of citizenship is abundantly clear that unique among all the Euro- an important part of ensuring that there con- pean Union countries, Ireland’s constitutional tinues to be a generous welcome in Ireland for position was being abused by people inside and immigrants. Ireland is the most globalised econ- outside the European Union. It is often possible omy in the world and our continuing success to argue these cases in the abstract and to use depends on us being an open and welcoming anecdotal evidence and research or the experi- country for those who come to live and work ence of Members of this House in that regard. here. The Government has pursued an open Here we had a singular, concrete case where it policy in terms of economic immigration. That is was shown in black and white that a non-citizen the reason the number of work permits granted attempted, specifically by design in a planned and to non-EU nationals has increased from 6,250 in meticulous way, to look at our Constitution and 1999 to 47,551 in 2003. Ireland is the only pre- examine the loopholes with a clear intention to May 2004 EU member state to grant residency abuse and use that loophole. The decision of the and working rights to citizens of the ten new EU European Court of Justice and the Advocate states from the date of accession. That is why we General’s decision was clear when they said this will continue to have one of the most liberal would not be possible were it not for the unique citizenship laws in Europe following the passage position set out in the Irish Constitution. That of this legislation. That point needs to be reiter- arose because of an unintentional provision in the ated. Despite all the misinformed comments, we Constitution arising out of the Good Friday have taken in and welcomed people who have Agreement in 1996. It was never the intention contributed enormously to our economy. Ireland that the constitutional provisions arising from would not be the country it is were it not for the that Agreement would lead to the position in measures and the attitude adopted in the late which we found ourselves through no fault of 1990s to welcome people into this country. That those who drafted the Agreement or the refer- is a separate issue from the right to citizenship endum subsequent to that Agreement. I compli- which is a cherished and important right of every- ment those involved in the drafting of that Agree- body who has gained that right. It underscores ment and there is no way they can be blamed for the reason citizenship rights should not be the situation that developed. As we saw in the abused. Chencase, before going to her medical advisers Those who claim that this legislation is racist she went to her legal advisers to find the best way are being cynical and disingenuous. If the legis- to secure a future for her child as a citizen of the lation is passed, there will continue to be no racial European Union. Her legal advisers, having basis to our citizenship law. The only requirement examined all the provisions of citizenship laws in the legislation is a period of residency of the and immigration laws of each EU state, at great parent in Ireland. It will not change the consti- expense to Mrs. Chen,concluded that the best tutional right to Irish citizenship of any child, way to proceed would be to acquire Irish citizen- North or South, born to at least one parent. It ship through birth in this country, something will not affect the Good Friday Agreement and it which was never envisaged when the consti- will not prevent those who do not require citizen- tutional provision was made. ship at birth from acquiring it at a later stage. It is clear that Irish citizenship should be avail- That is welcome. It does not rule out citizenship, able to those from other shores who have lived in even for those who were not born here, which and contributed to Irish society and who wish to was the basis of the Chen case. Neither will it apply for citizenship. We should ensure that Irish- deprive anybody of citizenship entitlements they 375 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 376

[Mr. P. Power.] At all times, our legislation much be consistent had prior to enactment of this legislation and with international agreements on human rights, the referendum. to which we are bound. We must respect those The simple and straightforward effect of the agreements and the fundamental human rights legislation and the referendum in June is that it enshrined in the Constitution and the European will close a significant legal loophole which was Convention on Human Rights. For that reason all open to abuse and which was abused by non- legislation introduced in the House, in particular nationals. It will remove the constitutional incen- that which deals with non-nationals, must be in tive for women to put themselves and their full compliance with all our international and unborn children at risk by travelling here while national obligations. heavily pregnant. It will provide positive recognit- There is no doubt that we provide major consti- ion of the contribution of those who have been tutional protection to non-nationals, irrespective resident in the State for at least three years by of what might be provided for in this Bill or in conferring Irish citizenship on their children at international obligations. The Constitution pro- birth. The referendum showed in a most emphatic vides substantial protections that are not pro- way that the vast majority of people accepted that vided in many other European countries. More- a loophole in our citizenship laws was being over, in many respects it is more generous than abused and needed fixing. I challenged before the provisions in many other European countries referendum and I challenge now anybody else to and, in that context, we are fortunate to have a propose a more appropriate way of dealing with written Constitution. It is vital that when this the issue which developed during the past five legislation is challenged in the courts, in respect years. It was the Government’s responsibility to of which there have already been signals, it stands make a modest but necessary proposal to resolve up to the scrutiny of the High and Supreme the issue and, therefore, I accept the legislation. Courts and is consistent with our well-developed This was not a proposal that just came out of jurisprudence in human rights. This issue must the bag when it became obvious our citizenship not be lost in our debate. laws were being abused and it was not a knee- I have not heard any other reasonable proposal jerk proposal to hold a constitutional referendum. to deal with the situation that has arisen in the Nobody in the House should ever propose a con- past ten years other than by way of empowering stitutional referendum without a proper and this House, by way of constitutional amendment, appropriate basis. to introduce the sort of reasonable legislation that is before the House today. I commend the Bill to Mr. Costello: Hear, hear. the House. Mr. P. Power: That would be an abuse but the reality is that nobody put forward an alternative Mr. Durkan: I am pleased to have an oppor- method in which to deal with the situation that tunity to speak to this Bill. I have listened with arose and that was recognised. interest to the statements of Deputies, partic- ularly that of Deputy Peter Power, which have Mr. Costello: Nobody got a chance. been interesting and informative. I was disappointed with the outburst of the Mr. P. Power: Some years ago, the consti- Minister for Justice, Equality and Law Reform tutional review group made it clear that amend- yesterday. He jumped around like a rooster in a ment to the Constitution was not the means by hayfield and protested loudly about the way he which we should deal with the issues we are dis- was misrepresented and mistreated in the House. cussing today. This is a modest Bill, although it I thought he was a grown-up boy who is able to runs to more than 12 sections and it would never look after himself. Whining about the treatment be possible to include such detail in the Consti- a Minister gets when he or she introduces a Bill tution given that circumstances change in a fast to the House is a new departure. moving world. We would not be in a position to amend the legislation to take account of technical Mr. Costello: He should complain to Amnesty changes and changes in society or migration International. which may occur. It is not reasonable to suggest that every time unforeseen circumstances arise Mr. Parlon: The Minister could not be heard. we should revert to the people with a consti- tutional referendum. Mr. Durkan: We have come to expect a more I welcome the sections of the Bill that make robust approach from the Minister. I suggest the impossible, abuses of our citizenship laws such as whining comes from the time he climbed a ladder the passports for sale affair of the 1980s and in those far off days. I suspect a low-flying aircraft 1990s. It is correct and consistent that such abuses buzzed him at the time, which is causing some are dealt with in this Bill and it underlines that disorientation, with the result that he has adopted this is the appropriate manner in which to deal an attitude that he is the victim of constant vic- with the issue. The other abuses that arose as an timisation. There was no intention on the part of unintended consequence of the Good Friday the Opposition to make life any more difficult Agreement have also been legislated for. for him. 377 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 378

Mr. Parlon: Is the Deputy apologising? Should the opportunity, we need to keep such issues in I convey his apology to the Minister? mind. The Minister of State referred to his anticipat- Mr. Durkan: As I recall, the Minister waltzed ing that the people would be able to differentiate into the House last June to introduce the enabling between the issue of the local elections and that legislation and his opening remarks were that of the referendum. He was being a little coy when anyone who opposed the legislation was a racist. he went down that route. That was not his inten- Those are not my words but his. They may have tion, rather it was that they might be confused been off-script but he stated them nonetheless. I but, fortunately, they were not. With the benefit do not accept any blame for generating a debate of the 20:20 vision of hindsight, he can reflect that in the House. the people were brilliant to be able to separate the two issues to the extent that they did. They Mr. Parlon: The Deputy should read the might have been harsh on him, the Government Official Report. and his party, but that is the way they did it, and more power to them for recognising that. Mr. Durkan: I was in the House. I intend no Some Members would have fairly regular con- disrespect but the Minister of State was not in tact with the immigration authorities and many the House because he was otherwise engaged in personnel there are helpful, but some are not. another postering campaign. The record of the That should be borne in mind. I make this point House may or may not accurately reflect what I by way of constructive criticism. I would not like have repeated, but that was exactly what was said to be a non-national having to deal with one or in the House. two of the officials, and one in particular, in the immigration services, with whom I, as a public Mr. Parlon: It is what the Deputy remembers. representative, have had to engage. I caution those who have the notion that this is a politically Mr. Durkan: It is what I can recall. correct society. My kind advice would be that people in the front-line have a tough job. We all Mr. Parlon: The Minister stated: “If you are a know that. Theirs is a difficult job but they should racist, vote no”. also recognise that the people with whom they deal may also be in a tough position and may not Mr. Durkan: That is correct but what does that be able to look after themselves or express them- mean? What is its implication? selves in language that they can make themselves understood. In such circumstances, special care Mr. Parlon: It is quite different from what the should be taken to ensure that the needs of indi- Deputy suggests. viduals are carefully assessed. Dealing directly with the Minister’s office on these issues is a Mr. Durkan: The Minister of State obviously rewarding exercise in terms of the response and has his way of interpreting statements. I have my the willingness of the persons concerned to listen way of interpreting the Minster’s remarks and the to the argument made and to make a construc- Minister of State knows full well what was tive response. intended. Such a constructive response is what is Irish people, more than most, should know important. One must not rely on hearsay or anec- about emigration for economic reasons. One of dotal evidence but on direct evidence from the the issues that has been debated is whether cases with which we all deal from time to time. I people have the right to emigrate for economic recognise the procedures that must be gone reasons. It is a natural activity for people to through in the assessment of an applicant for engage in for themselves and their families even refugee or asylum status, but when those pro- if it is not always permitted. The suggestion that cedures have been followed and a deportation is this is totally alien to modern society is wrong. It proposed and planned, I am a little uneasy as to is as natural as certain Ministers suggesting that the degree of the investigation that takes place. the Civil Service should migrate to certain parts If it is as thorough as it should be, it should entail of the country, although the Minster of State has a careful examination of the circumstances in that not been very successful in advocating that. He person’s country of origin to which he or she is should not proceed too far down that road. I likely to be deported, the reasons that person had know what the Minister of State is thinking, let to leave there in the first instance and whether alone what he will say. they have been addressed. In other words, it We need to treat our immigrants in the manner should be ensured that the deportee can be in which we would like to be treated ourselves. returned to his or her country without being in There is no point in our complaining about other fear of his or her life or subject to persecution for countries that do not treat immigrants well, when religious, cultural, ethnic or other reasons. While we suggest that in order to address a situation we the Minister would say this is being done, and need to follow that route. From our history we would be able to produce the evidence under the should have learned the need to recognise the relevant Act that it has been done, I am not con- needs of those who are less fortunate than our- vinced of that. I have tabled questions from time selves. When the people and this House are given to time requesting information relating to individ- 379 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 380

[Mr. Durkan.] people and for the country. It would be extremely ual cases and from the information received to positive in terms of their sense of well-being and date it seems that we have been lucky. However, it would be illustrative to the rest of the popu- we should remember that if a person is deported lation who would like that change to happen. from here and suffers a threat to, or the loss of, Members of the public know that it is contradic- his or her life or from religious or other per- tory to say to a person on arrival here that we will secution, that would reflect poorly on the country allow that person to remain in a holding centre or from hence that person was deported. I strongly a residence until such time as we have determined request that this be borne in mind particularly in that person’s status but that person shall not work future. I am mindful of one or two cases recently in the meantime because that would be offensive aired in this House in respect of which other to us. That position is crazy and it should not be people asked similar questions. the case. It is imperative that the safety and well-being The amendment Fine Gael intends to table to of the deportee is carefully considered to the propose an amnesty in this regard is realistic and extent of the deporting government being helpful. I hope the Minister will accept it. reassured that all will be well if and when the Addressing this issue would be as simple as that. deportee returns home. I know full well that per- There is no reason he should not accept such an sons about to be deported do their best to state amendment. Such a measure would eliminate the their case, even to exaggerate, embellish and concern and anxieties of many parents whose emphasise the elements of it that favour them. children were born here, some of whom have That is only natural and that is what happens in been separated and have been returned to their court. Ministers should know about that. The country of origin. It would be a step towards defendant and the prosecution always do their addressing this issue, but it will not solve all the best to emphasise and embellish their case. That problems. We cannot solve the problems associ- is the way the system works. However, in these ated with this issue in a day, but it would be a circumstances, lack of thorough investigation into constructive step if the Minister were to accept a person’s circumstances could pose a threat to that proposal and incorporate it in the legislation, the life of that person or to the lives of family thereby ensuring that the issue in respect of what members. We need to bear that in mind for the has happened heretofore would be resolved. foreseeable future. The passing of this legislation On this issue, I have stated in the House that will not provide a measure to address that issue, everybody respects the right of a country to have but it is one we need to bear in mind. a proper immigration policy. Obviously, one The Minister of State, in his initial outburst, cannot have immigrants entering at all times from attempted to analyse the thoughts and thinking all over the world. Most other countries have an in Fine Gael. I thought he had left our party a immigration policy. However, it is the degree to long time ago. There was no necessity for him to which such a policy becomes restrictive that we pay a return visit. If he wishes to visit us at any need to be careful about. We need to consider time in the future, we will entertain him and look the degree to which it would be alien and objec- after him in keeping with the manner in which he tionable to us if it were applied to Irish emigrants. would expect to be treated. He can be assured That is the barometer we should use in assessing that the attitude of Fine Gael to this legislation this legislation. has been at all times constructive and helpful, but I know the Minister will state our immigration that does not mean that we, as an Opposition policy is the most liberal in the world, but it is a party, do not have the right to question the fact that it is not. It is a policy nevertheless and Government, even though we may agree in prin- is intended to deal with circumstances that did ciple with the legislation being debated. Our duty, not obtain some years ago, at which time our and that of all Opposition parties, is to ensure economy did not make Ireland a desirable desti- that we thoroughly question not only the Minister nation. It was undesirable and this could be the and his proposals but his intentions in the event case again. that they might not be as clearly evident as he or There are still many undocumented Irish she might like to think. people in the United States. They come to us all Asylum or refugee seekers not being allowed the time asking how we can help them. What con- to work here has caused a problem for those cerns me is the inevitable consequences of the people in that they find this approach demeaning. system that bears down on them such that they In most cases, these people are more than are often open to exploitation if they remain in anxious to work. Many of them have participated the country for some years without docu- in various training schemes to assist them in the mentation or if they have inadequate papers and event of their obtaining work. The Government’s bank account details. A great burden is placed on approach is negative and unnecessary. It should them because they know that if they return to be a simple matter to put in place a regime Ireland they will never be allowed back to the whereby a person entering the country seeking US. The inevitable guillotine that descends upon refugee or asylum status could at least have a lim- these emigrants, barring them from the US for- ited work permit, even if that person had to ever and excluding them from their friends and report to the authorities on a regular basis. Such families, is very harsh. Surely it must be possible a change in policy would be beneficial for such to have some kind of amnesty to accommodate 381 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 382 them, as was the case in the past. Although this Mr. Durkan: I assure the Deputy that if he does not relate to the Bill we are considering, it joins me for a drink, he will see how far it goes should be borne in mind in the context of a dis- to my head. I encourage him to buy the next time. cussion on immigration. Although the worldwide security position is Mr. McGuinness: Some months ago the Mini- more sensitive now than it was some years ago, ster set out in clear terms exactly what the refer- we still need to treat immigrants and emigrants in endum and this Bill involved. The issues raised the way we would be like to be treated ourselves. at the time had little or nothing to do with the We should ask ourselves seriously whether we referendum. The issue of asylum seekers and would be happy to be treated in a particular refugees is emotive and it certainly caused much fashion if we were in their shoes. division within the Opposition parties, as a result The next issue I want to address is the subject of which we had a very poor debate thereon. of a parliamentary question today and was raised Sometimes when Members raise such emotive in the House previously. It concerns a prominent and sensitive issues in the public arena, it can Irish national who was detained and questioned cause opinions to go pretty wild. We must be by the immigration authorities when he went careful about how we present the Bill to the abroad to our neighbours a week or ten days ago. public. A calm approach, as adopted in the House I am sure he was not known to the British auth- yesterday and today, is better than the approach orities but the kind of questioning to which he used heretofore. It allows us to tease out some of was subjected was appalling. I am at a loss to the issues that concern us. I supported the refer- know the kind of training that would prompt endum and support what the Government is people to ask ridiculous questions about one’s doing. relatives, mother’s maiden name or father’s From my work with asylum seeker groups in mother’s maiden name and about other matters Kilkenny and other counties, I have gained an irrelevant to the issue concerned. Apart from this, understanding of the problems they face and the the abject bad manners and bad attitude that the way in which this Bill and the lack of a proper questioning represents is appalling. This matter immigration policy will impact upon them. All will not be addressed in this Bill but it is one from the ethnic groups fully understood, long before they came to Ireland, that there was an easy way which we can learn. I hope we learn on an to gain Irish citizenship, and that is why they ongoing basis. arrived on these shores. They would accept that The Minister stated the following in his speech: at first hand. They were the very ones who were That Bill [the immigration and residence prepared to come and exploit the system that Bill] will provide Government with effective existed at the time. Equally so, they expected the tools for managing inward migration and for Irish Government to take some stand on the prac- developing and implementing policies to meet tice in which they were engaged and that, at some the evolving needs of Irish society. Preparatory stage, it would be brought to an end. They would work for that Bill is advancing in my Depart- tell one this if one took the time to listen to what ment and I expect to launch a discussion docu- they were saying. Therefore, the referendum sim- ment on that legislation soon. ply confirms our position and states it in black and white terms. This position is now being sup- I hope the Irish Nationality and Citizenship Bill ported by the Bill before the House. will be fair when put into operation. If not, I hope The Minister referred in his speech to the need the Minister will have the good grace to return for an immigration policy. Together with the Bill, to the House to reformulate it. I have personal we must acknowledge that there is next to reservations about it and am concerned about it. nothing in regard to an immigration policy and Perhaps my fears are groundless. Many members the system operated at present by the reception of my family emigrated many years ago. I am and integration agency lacks humanity and com- quite sure that it was not a nice time to be an passion. Much work needs to be done to bring immigrant and I am not so sure that it is a nice the system up to scratch in terms of what the time to be one today because they are treated people would expect. I do not expect the system with a certain amount of suspicion. to allow any number of people to gain entry to this country, work, be supported and so on. There Mr. McGuinness: On Deputy Durkan’s is a limit to what Irish society can take. A balance remarks on the Minister’s contribution, while I must be struck in terms of the numbers of people am not here to defend the Minister — he is well allowed into the country and supported by Irish able to defend himself — many of the comments society so that integration can take place in a made before this debate and during the refer- meaningful way. endum campaign centred on what he was saying While acknowledging the need to control the rather than on the substance of the referendum system, the effort made to do so a number of or this Bill. Deputy John Bruton announced on years ago was a complete disaster. Thousands of “Tonight with Vincent Browne” last night that he people arrived here and the response from the was going for a drink with Deputy Durkan after Department of Justice, Equality and Law Reform the programme. Perhaps it went to Deputy was less than helpful. Local communities, such as Durkan’s head—— my own in Kilkenny city, which reached out and 383 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 384

[Mr. McGuinness.] Government and society must deal properly with were willing to help, co-operate and assist with the issue and, at the moment, that is not hap- integration, the process laid down by the Depart- pening. We need the system to be fast and fair ment and what the RIA was doing were simply because the numbers of people who come to my dumped on by the Department. Land was pur- clinic who are locked into the system for four or chased to house asylum seekers in the same way five years are too great to be tolerated. The Mini- one would pen cattle, which is not acceptable. ster should act on his own words and introduce a Wearing my hat as Vice-Chairman of the Com- system which will be fast and fair and which will mittee of Public Accounts, I find it amazing that deliver a response to those who are waiting. these buildings and land remain unused while the Previous speakers referred to the possibility of money that could be obtained from the sale of work, not for everyone who arrives here and is these properties could not be put to better use in locked into the present system but for those who the context of the services being provided. There are seen to be genuine and awaiting a response. were little or no services for people who came These people should be allowed under licence to here in the early years. The health boards and do some sort of work. It is degrading to find local communities were swamped and the themselves under curfew in this country, which is Government’s policy at the time was to respond the case in these centres. People who have quali- by penning these people in, holding them in an fications and are willing to work and contribute area and dealing with them in a most inhumane to the economy, which is experiencing great way. There was no compassion or understanding growth rates, should be allowed do so. If they are of community involvement in support of these qualified and able to work, we should reach out in people by communities who understood what an organised way and constructively put in place Deputy Durkan spoke about. These communities opportunities for these people to gain some sort understood emigration and what our people had of employment. Those who cannot step up to the to go through and are going through in America employment mark should at least be allowed to and the UK. gain some form of education for which they are While the public understood what was needed applying. Sometimes they are qualified and able and the compassion required, it was not under- to enter into education, but they are being told stood, and still remains misunderstood, by the that because they are illegal, they cannot take up Government, which is unacceptable. The Minister a course, which is incredible. If this were hap- outlined in his speech ways to address the issue, pening to Irish citizens in America, the UK or including the need for an immigration policy. It elsewhere in the world, we would be standing up is fine to state it in this House but what is in this House demanding change of the other required is action which must be based on our countries. We fought with America and got an experience with the RIA and the system in oper- amnesty for people at various times during their ation. It is wrong to hold 60 women from differ- stay. Admittedly, there are others in America, ent ethnic groups in a place close to my constitu- some of whom are married and living in fear of ency without any support. It is wrong to ask a being deported. In recognising our past, we group of 90 men and women to go through the should help immigrants to this country because process laid down by the Department without there has been enough talk about the issue. proper assistance. I am aware there are economic On the act of deportation, I tabled a parliamen- migrants in the country and that some people will tary question last week about a young man who be somewhere else tomorrow. It happened to us was not just fleeing his country but fleeing the when we emigrated and it is happening in this system in Ireland. He was married to an Irish girl country now for other ethnic groups. and was the father of a child. It must have been I know that some people abuse the system but the fastest deportation I have witnessed because, we must deal with the genuine cases in a better having drawn attention to the case, within days fashion. I have met many people who are trying the man was deported. Members will forgive me to get across their case in their own language and for being somewhat suspicious of the system. I who do not understand properly either the system was informed in the reply to my parliamentary or the language. If one takes the time to listen to question that the case was not known to the auth- them as they go through the tribunal, some of orities. I made it known to the authorities and it them have horrific stories to tell that will not be was their responsibility to question this man’s questioned by embassies. We must sometimes bona fides and establish whether he was married question the message sent out by embassies if we and a father. That is all they had to do. Now he are to strike a balance in the system between the has been deported while his wife and child remain Government or whatever is in place in the coun- in the country. The chance of his return is prob- tries from where these people have fled. We must ably nil because his paperwork has been stamped make an effort to put in place proper structures to indicate his deportation. I will table another for these stories to be told. When they are told, parliamentary question to ask the Minister to if the result of the process is negative and the case reconsider this case. must be appealed on humanitarian grounds, that There are people with more than one Irish- appeal must be treated in a constructive way. born child who are not legally resident. A person There must be a real process. We cannot send in such a situation in County Kilkenny wanted to these people into another cul-de-sac. The return home to visit his sister who was dying of 385 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 386 cancer. He was refused the limited window of that we do not change the system. The time has opportunity to do this and told he would not be come for change. permitted re-entry if he decided to go. This is rep- Another issue to tackle, which is of significant rehensible. I accept that we are learning and that importance for the health service, is the situation this is a novel situation, as the Minister observed. of married people with work permits. The hus- We must create flexibility within the imperfect bands and wives of such people cannot be system, however, to ensure that cases like this are brought into the country without a significant not only heard but dealt with compassionately amount of red tape. If they succeed in coming and with some humanity. These are the elements here to be with their spouses, it is difficult for that are missing from the system, which I encoun- them, many of whom are qualified professionals, ter every week in my clinic. to gain employment without enduring more Our first steps were wrong and we continue to excessive bureaucracy. If we have permitted such be wrong. We continue to misunderstand support people to work within the system, there should groups, the members of which are sometimes dis- be sufficient flexibility to allow them to be with missed as do-gooders in general com- their partners and families without putting them 2 o’clock ment. When people fall foul of the through the hoops at every opportunity. reception and integration agency, A major job remains to be undertaken. The they may be sent from a location with which they Minister has mentioned some of the work to be are familiar, placed at a distance from the legal done in his opening remarks on Second Stage, but system if they are moved from Dublin to he must match these words with actions sooner Kilkenny, for example, and plucked suddenly rather than later. from their small number of friends. There is no comeback from the agency. When I made rep- Mr. M. Higgins: I welcome the opportunity to resentations on behalf of one client, I did not speak on this legislation and compliment Deputy even get a response. I assure the Minister and his McGuinness on his thoughtful and positive officials that I will take further action on this speech. It is clear what he said was informed by client’s behalf. his dealings with members of the immigrant com- munity at different levels and with the organis- Mr. Costello: Has Deputy McGuinness tried to ations which seek to address their needs. The contact the agency by telephone? It is impossible experience he describes is identical to mine in the to do so. cases I encounter every Saturday. I must begin by correcting the record with Mr. McGuinness: It is similar to every other regard to yesterday’s speech by the Minister for service. One accesses a voice message service and Justice, Equality and Law Reform. It included a is referred further down the line. This House paragraph which I suspect was not written by any must become more relevant in this regard and the public official or member of his Department. It RIA and other relevant services must be made stated: directly accountable to the House. I say this to underline one truth which has The issue of work permits is not part of this emerged about the matter in the meantime. Bill but has been commented upon. I do not wish The Labour Party, albeit after a tetchy internal to make a broad statement on this matter but am debate in which Deputy Rabbitte’s advice was concerned with problems in a minority of cases. narrowly rejected and Deputy Michael D. These relate to people who are already here and Higgins’s views won out, decided to oppose those who will come in future. The Minister has this referendum. referred to the need for reform in this area. Further reform is needed. I have met too many There is not a scintilla of evidence for this. As I people with work permits who believe they are said, I suspect no official of his wrote this because prisoners to an employer who treats them it would be a disgrace to have done so without unfairly. The system is so inflexible that it does any basis in fact. I find it difficult to say but it is not allow for a change of employment without an invention and a pure fabrication. I must stay the necessity for bureaucratic somersaults. The within the terms of this House but it is what system must be changed and made more realistic would be described in other circumstances as a in terms of the country we live in today. straightforward lie. It finds itself in print and I The other appeal I make to the Minister is with call on the Minister to either substantiate or with- regard to the many employees, especially in the draw it. health service, who find themselves having to deal The Labour Party’s national executive and par- on a daily basis with the strains of providing a liamentary party in joint session discussed the good service while also dealing with bureaucracy attitude to the referendum at a meeting in the to allow them to remain in the country. I know of RDS. A consensus emerged at this meeting and one man who could not renew his driver’s licence no vote was taken, but this does not matter to the because his paperwork was out of date. As a con- Minister, Deputy McDowell. It is interesting to sequence, he could not go to work from Kilkenny contrast the thoughtful speech by Deputy to Waterford because he had no transport and he McGuinness with the outrageous inability to failed to meet his work deadlines. It is disgraceful listen of the present Minister for Justice, Equality that we do not acknowledge this is happening and and Law Reform. He has responded to numerous 387 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 388

[Mr. M. Higgins.] ment to Irish citizenship derived from birth in questions, not only with regard to this legislation Ireland. but especially in the period before the refer- Where are the figures to prove this? Different endum, with a type of smug indifference. I speak people floated figures, so to speak, to suggest that of that sneer which comes on the face of the privi- the proportion of people abusing the asylum leged when they have to listen to arguments system was such and such a figure. The Minister about rights, how they sit in smug composure, has responsibility for justice. If he makes such deaf to every argument, full of arrogance, and statements, he should quantify them. He should willing to trample over the truth, and in this case produce the figures. abuse it. The Minister has, in his opening speech, I have a question relating to the text of the Bill put a complete untruth on the record in which he that we are discussing this afternoon. What is the asked for reason in the debate after claiming he position with regard to a pregnant asylum seeker was undemocratically shouted down when he sug- who goes through a process whereby it is decided gested the referendum. whether she is a legitimate asylum seeker? This I refer now to other aspects of his speech yes- process ends after the usual couple of years and terday. Will he tell us the basis for the alleged she gets the response that she is a legitimate asy- crisis into which the Constitution was thrown by lum seeker. In the meantime her baby has been the birth of less than 250 babies in the Dublin born. What is the position of that baby with maternity hospitals? How was the Constitution regard to citizenship under this legislation? Will challenged by it? I accept the will of the people. the Minister turn his attention to that issue? I am a democrat. However, what we are deciding The Minister continued his speech in his man- now and what we decide when we vote on this ner, known as the tradition of arrogance that the Bill, is the adequacy of the legislative response to privileged sometimes inflict on democrats, to the result of the referendum and the choice of pour abuse on those who opposed the refer- people. We will judge the legislation by certain endum. I hope he was not referring to me. For criteria. example, I made a mistake with regard to one Yesterday, the Minister repeated in his speech aspect of the Nigerian constitution as amended, what he said previously. He stated: section 35, but I corrected it within 48 hours. My I do not need to spell out for Deputies in any mistake was based on a case stated to me of a great detail the background against which this woman who had approached the Nigerian Bill has evolved. Suffice to say that it is embassy and got a different answer. I accepted intended primarily to deal with the abuse of that the Nigerian constitution had been changed. our citizenship code whereby persons with the However, if I had spoken in the radio programme most tenuous of links to Ireland [He is not talk- that morning about “a non-national woman”, everything I said would have been absolutely ing about our tax exiles such as Sir Anthony correct. O’Reilly or others of that ilk] have been Let us be clear about the position. Until this arranging their affairs so as to have their child referendum, we had a position of jus soli, which born in Ireland, even if they have no particular although out of step with the other European intention of staying here, and thereby securing countries, was shared by approximately 41 or 42 EU rights of residence deriving from the child’s other countries. I accept my argument about jus Irish and EU citizenship. soli has been defeated. However, let me not have How many people were we talking about? I to listen to the Minister for Justice, Equality and respect those people in charge of our Dublin Law Reform, Deputy McDowell, seek to impute maternity hospitals, but they have had a long time that those people on the other side of the argu- to reflect on this. I wonder whether the Hippoc- ment are intellectually dishonest. I know what is ratic oath, where doctors pledge themselves to intellectually dishonest. It is a Minister with the life of the child and the mother in such cir- responsibility for justice who puts a blatant cumstances, requires them to come clean and say untruth into the second page of his speech. That what they said to the Minister. The Minister is dishonest, yet he has not got the courage to stated that they implored him to do something. come into the House and withdraw his scurrilous He went on to give the impression that they allegation. I have noted, and not only on this asked him for legislation and a constitutional matter, that he is the kind of man who wrestles change. They later denied this, but the harm had with his Rolex while all around the country all been done. The harm was not corrected by their sorts of issues of justice decompose before him. silence. The people of this country have mostly, but not The Minister went on to state in his speech: totally, disposed of that tradition, but he at least remains consistent to it. In addition, our asylum system has been used I now turn to some other aspects of this piece- by people who do not have a genuine need for meal legislation. I did not promise to have a com- protection under the Geneva Convention as a plete and comprehensive immigration Bill, but vehicle to gain entry into the State, in circum- the Minister did in 2001. However, during his vention of normal immigration controls, for the speech, having moved on from a stated untruth, very purpose of giving birth here and availing he stated that a working paper was being pre- of what hitherto has been a universal entitle- pared. I apologise, I mean, a discussion paper. We 389 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 390 get a discussion paper after years of people in this position on the constitutional source of rights. We House agreeing that we should draw a distinction have had this debate in the United States and between asylum seekers, economic migrants, elsewhere. It is at the root of whether to accept those on work permits, relatives of these categor- the sheer existence of international law. Such law ies, people who wish to be reconciled with their assumes that one can have the basis of a right families or people who simply wish to visit. We beyond the expressed constitution of a state and know the Minister’s record is one where he has leans towards the suggestion that we might, in refused the rights of grandparents to visit their time, have universal rights. children, people who have spent their lives in The aspiration and impetus of the United this country. Nations is towards the idea that there are rights The Minister presides over a Department that we have as persons and by virtue of being where it is a kind of lottery to get through on the alive. Jus soli is in that tradition. On the other telephone. Deputy McGuinness was correct in his hand, when one mitigates jus soli and puts con- description of what occurs as we try to make ditionalities into it, an onus is placed upon one. sense of the situation in which we find ourselves. The Minister has had a constitutional success. He All the sneering in the world will not help. What created a bogus crisis which he has refused to we require of the Minister is justice, truth and quantify or to give figures for and has managed respect for this House. to introduce a measure by stealth, in a hurry and I have some other specific questions on this without consultation in advance with human legislation. How did the Minister arrive at the rights organisations, North or South. He says he magic figure of three years? How did the three- will consult them when he has got his way. That year rule become established? I, for example, is the mark of the Minister’s democracy. studied abroad in the Unites States and Britain. The treatment of unaccompanied minors is Many people have been invited here on fellow- horrific. They are the most vulnerable of all. ships and some are studying in the university Many of them arrive in O’Connell Street and are where I taught, NUIG. The clock starts ticking taken in by people who offer them shelter. I vis- for them when they finish their studies. Why does ited one place where 30 were living in two rooms. it start then, and not when a university legit- Some of them go to second level education but imately accepts them? I am sure the eminent are blocked from going to third level, even if Minister will want to answer that question and people are willing to pay for them, on the basis provide the information. that they have reached 18 years and must lie A question also arises with regard to the prac- there, so to speak, half dead in a legal sense. How tice concerning relatives. We seem to believe it is can we accept that as a mark of a civilised state perfectly all right to recruit nurses from all or as one with the most minimal regard for the around the world, barely allow their partners in law? These youngsters have survived in the most and then require they remain unemployed. When extreme circumstances. They manage to forage does the clock start ticking or end if these nurses out some semblance of an education and are then have children? Perhaps the Minister wants to blocked. This nonsense must stop. It is un-Irish expound on the suggestion that three of their past and does not reflect the very best of us. It is four years have been in lawful residence in ungenerous and wrong. Ireland. It is wrong to use the layers of bureaucracy to Half my family lives outside Ireland, some of drive families who are trying to survive, who have whom are married to people from north Africa been made unemployed and many of whom are and others to people from Asia. I remember very ill to drag themselves through the process. I being a young student in the Ireland of the 1950s dealt with one case where I read the account of at a time when many people emigrated. In 1959, the appeal only two weeks ago. A woman had just fewer than 60,000 people emigrated and in come from a country where the Organisation for no year of the 1950s did fewer than 40,000 people Security and Co-operation in Europe investigates leave Ireland. They went to a Britain where there allegations and it was suggested that because the was considerable anti-Irish feeling. Now, this OSCE had not reached a conclusion in the case, Government, others and many different parties no suffering was involved. People have moved are anxious to do something about the descend- from one place to another are refused because ants of our immigrants. The case we made at a they have inaccuracies relating to the place where time of emigration was on the basis of the basic they sought shelter. We decide, from a distance rights of people. It did not relate solely to how of thousands of miles, that people have made a many the economy could accommodate or to mistake in their details. Would we like our own whether we had decided on a set period of years. people to be subjected to that kind of process? We sought equal rights. This is accompanied by all the rhetoric of the This Minister has a curious difficulty with happy, rich, cheerful self-confident Ireland that is regard to rights and has frequently reflected this bursting with wealth and which needs to be in his relationships with those working in the propagated throughout the world so that other human rights area. There is nothing in the slight- backward countries can become like us. We est way liberal about any of his attitudes to poli- should be ashamed of the way we treat migrants. tics. He is an old 18th century conservative. He How much money does the Minister’s Depart- speaks, for example, from the most conservative ment spend on anti-racism measures and what 391 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 392

[Mr. M. Higgins.] a bad day. It was a bad day in the way the matter groups benefit? Many of them say they do not was rushed and argued and it did not help Ireland have enough funds to keep going. What edu- as it looks forward to a pluralist or multicultural cation programmes are taking place? future. The Bill is a slight one. It is does not deal with Those people who exploit the politics of fear any of the substantive issues we might have will themselves suffer. We see this in many anticipated, although the Minister has had a cou- aspects of our society. In Mrs. Thatcher’s Britain ple of years to prepare it. Admittedly matters where the politics of fear came to its most move slowly and they must be careful in the Mini- developed point, the companies which expanded ster’s Department, but we would by now have most were security firms. One sees gated com- expected substantial legislation from the Minister munities where people can electronically close dealing with the whole issue of immigration and out those who are coming down the road to get citizenship. what they have. Unfortunately, many of them are Citizenship is an interesting concept in terms presumed not to be the same colour as ourselves. of political theory from both the right and left. That is the thinking of the politics of fear. Obviously, one is not entitled to Irish citizenship Our economy depends on migrant workers and if one pays taxes here because that would not we should treat them better than we ever wanted include those who come home to rip off semi- our own people abroad to be treated. I know that State companies and then leave lest they acquire people come to Ireland who have simply fled liability for taxes. The old conservative adage of from hopeless situations. We need adequate and paying one’s taxes and becoming a citizen does comprehensive legislation which will deal with not hold. Some citizens reside in Ireland for only immigration and citizenship, remove any kind of three months in the year to avoid paying tax. absolute authority from the employer, give Neither is it necessary in the Irish republic to con- speedy recognition of international conventions fess to being some kind of republican because one on asylum and treat economic migrants can be given permission by the Cabinet to receive humanely. a title and then go down on one knee and get a If the Government wants to start off with a clatter of a sword from Queen Elizabeth. clean slate, it should grant an amnesty to all those The concept of citizenship is becoming unfash- who have become clogged up in the system. If for ionable. In every place where citizenship has been no other reason, this should be done in recognit- developed, from the time of the French Revol- ion of the fact that many asylum seekers have ution through the American constitution, it was made close connections with this State and their associated with rights. Now there are hardly any children are attending school here. rights. If this were a progressive republic one The courts will decide whether those who came might assume one was a citizen by virtue that one here under an existing legal process can have that was alive and a child and one would then be arbitrarily changed. entitled to security, education, shelter and a house and to participate, communicate and so Mr. Andrews: I propose to share my time with forth. That has gone. Most of those matters have Deputy Moloney. been replaced by the suggestion that they must be purchased. This is the Minister’s philosophy. An Leas-Cheann Comhairle: Is that agreed? That is why one needs, as he puts it, a good grain Agreed. of inequality to give people an incentive to improve themselves. I am reminded of Richard Mr. Andrews: While I hesitate to say so, I think Tawney’s phrase about why poor people put up the last speaker is wrong in his understanding of with their condition. He said it was because one natural law in the Constitution. He is implying day one of their number might, like a tadpole, that there are imprescriptible and inalienable sprout a jaw, leap to earth and become a frog. rights in the Constitution that pre-exist that docu- That is the Progressive Democrats philosophy. As ment’s creation. The phraseology exists in Article the Ta´naiste, Deputy Harney, puts it, it is a case 41.1.1° which states: of helping those who are willing to help them- The State recognises the Family as the natu- selves. Meanwhile, citizenship does not apply to ral primary and fundamental unit group of any aspect of universal rights. Society, and as a moral institution possessing The Minister for Justice, Equality and Law inalienable and imprescriptible rights, ante- Reform wanted to remove the Traveller com- cedent and superior to all positive law. munity as a distinctive ethnic group and he argued that case in Europe. In his relationship Recent case law, however, has indicated that that with his own Human Rights Commission and in is not so. A case that comes to mind involved a respect of disability, the Minister eschews every parent who chose to deny his or her child access philosophical principle of rights and demonstrates to a form of inoculation. The health board then his deep, dangerous, old, deadly conservatism. made an application to put the child into care for That is the frame of mind which led him to invent its own protection. Eventually, the Supreme a crisis and a moral panic and to hold a refer- Court ruled that unless there was an immediate endum. I accept what the people decided but I risk to the child the health board was not entitled am not required to say it was anything other than to interfere with the parent’s inalienable right to 393 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 394 decide, as a family, what it should do concerning reasons are worth considering. Our economy has the child. The implication was that if there is an undergone great change in recent times, which immediate risk the State has a right to legislate, has made Ireland attractive to economic migrants for example, to protect the child over and above and, also, we need migrant labour. That is one of the so-called inalienable rights of a parent. the reasons for this system. I hesitate to put this point but as far as I under- In addition, European Union rules on immi- stand it there are no such things as laws ante- gration have not evolved in recent years. The cedent to human intervention, to put it artlessly agreement reached at Tampere five years ago like that. I will give way to the Deputy if I have envisaged a common asylum and immigration misunderstood his remarks in this regard. As far policy, along with common border patrols. Since as I understand it, natural law supposedly exists then, however, no progress has been made, which prior to any constitution being created. It has is lamented in the EU. The reasons for that delay been shown in case law and the Supreme Court are multiple and cannot be laid at the door of any has consistently interpreted that all such types of group or individual. One of the criticisms is the law as described in the Constitution are subject absence of qualified majority voting in the areas in certain cases to limitations created either by of freedom, security and justice. I note that in the legislation or constitutional change. The argu- coming months the European Council will discuss ments the Deputy has made in criticising the cur- a multi-annual agenda for that area. If that takes rent Minister do not hold. place, we will finally have an EU framework allowing each member state to proceed with a Mr. M. Higgins: My argument was that it con- comprehensive and coherent policy that will cerned pre-rights. I was really arguing for an apply across the Union. Currently, however, we evolving universal right. I take the Deputy’s point are fumbling from judgments by the Supreme about arguing from the Constitution, which was Court and the European Court of Justice, to a set not my position. of circumstances that changes the way we must consider these issues. Until we have a coherent Mr. F. McGrath: The Minister should resign. EU policy we will continue in that vein. In acknowledging that point, we must examine the Mr. Andrews: That was the Deputy’s point evidence. The British Home Secretary, Mr. David generally, rather than specifically. I wanted to Blunkett, is refusing to agree to border patrols make that point because it is an interesting area that are sought by the French and Germans, for the Constitution. As regards the Bill before although the Italians and Spanish do not want us, when this matter came before the House in them. These core divisions that exist within EU the form of the referendum last April, I made my member states will continue so, in that sense, we views known at that time and said I was unhappy will have to make our own immigration policy. with the manner in which the All-Party Commit- Deputy McGuinness described the work permit tee on the Constitution and also the Fianna Fa´il problem that all Members of the House have parliamentary party had not been kept informed experienced in their daily work. The application of the proposals during the short time that was process is slow and nobody supports the notion allocated prior to the referendum. However, I of employers having rights over work permits. It supported the referendum because I acknow- strikes me as being similar to the work permit ledged that there were abuses within the system system that operated under the apartheid regime concerning asylum applications. The Minister in South Africa, which was quite unfair. made a commitment at that time in which he said that legislation would be prepared on citizenship Mr. M. Higgins: Bonded labour. and, later, on immigration. He invited comments from interested parties, in particularly from the Mr. Andrews: The current situation is not Human Rights Commission here. He made those entirely the fault of the Government. There is a comments knowing that he would be held to failure on the part of EU member states to come them. The people decided to support the refer- up with a common immigration policy. Until they endum with 80% voting in favour and 20% do, it will be difficult for the Government to deal against. Since then the Minister has begun the comprehensively with this matter. It is unfortu- process of dealing with the issues, as promised. It nate that applications for visitor visas for spouses was clear at the time that some changes were tak- and other relatives are being processed so slowly. ing place as regards the number of people making asylum applications. Mr. M. Higgins: Yes. I want to talk about the immigration issue, also. Deputy Michael D. Higgins referred to delays, Mr. Andrews: Simple family ceremonies such particularly with regard to work permits. as the celebration of marriage, birth or confir- mation cannot be attended by the family of the Mr. M. Higgins: Yes. immigrant working here because of the extremely slow nature of the work permit and visitor visa Mr. Andrews: He identified the principal cause application system. Every Member of the House as being Government indolence and the failure to will have come across the case of a Filipina nurse bring forward legislation, but a number of other who wished to celebrate an event with her family. 395 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 396

[Mr. Andrews.] should be examined due to the shortcomings of She found herself running into the sands of the system up to now. bureaucracy, unable to proceed with the cel- I come from a rural constituency, which hereto- ebration. fore did not have to deal with the difficulties of In future the EU should consider a very trying to resolve problems involving immigration, straightforward points-based economic migration work permits etc. As a rural Deputy in my weekly system. When I left college in 1988 Australia had clinics I see the huge difficulties of people on the a points-based system whereby that country put one hand trying to secure permanent residency a premium on certain qualifications, for example and work in the State while at the same time feel- carpentry or bricklaying. The system was straight- ing officials are not interested in dealing with forward and applications were processed quickly. their applications. I would welcome the introduc- Those people the country wanted were accepted tion of legislation to clarify our immigration and it was a very fair system. policy. While the Bill goes some way towards that On the naturalisation provisions, the Minister I would like to see more specifics addressed. has included a very important provision allowing I agree with the previous speaker in saying that for the possibility of conferring citizenship on a the citizenship ceremony should not be carried minor born in the State. This amendment is an out in a back room. It should be quite public and important development. Naturally as a result of we should recognise the huge advantages citizen- the recent Chen decision this confers rights on ship confers on people. parents also. In that case the European Court of As with other Deputies I have seen the rumour Justice determined that children’s rights were machine in operation whereby the local popu- meaningless unless parents had similar or equal lation can be turned against foreign nationals on rights. If minors born in the State are to have a the basis that they will take the best jobs, houses right of naturalisation under this new section, nat- etc. While I do not want to use the word urally the parents under the ECJ interpretation “hatred”, all of this adds to the feeling of dislike will also have rights. that can occur in local communities based on I have one bugbear, which bothers me con- completely inaccurate information. I would wel- siderably, concerning the citizenship ceremony. come a constructive debate on legislation consoli- Nothing can be done about this in legislation; it dating the advantages and entitlements of foreign is a very straightforward system of regulation. In nationals coming to live in the State. Many public Dublin the citizenship ceremony takes place in meetings have portrayed total misconceptions the District Court; outside Dublin it may happen relating to asylum seekers, economic migrants, in other places. The new citizens are shuffled foreign nationals, refugees etc. All the issues are around corridors in a very perfunctory way and brought back to one. I have often heard it said are granted citizenship. They make a declaration that these people are here purely to scrounge and very often the language is beyond them. They from the State. It is important for the Govern- do not quite understand what is going on and ment to clarify the entitlements and to clearly they are shuffled back out on the streets again. show that such people are not conferred with Anybody granted citizenship should be given a greater entitlements than the local population. proper ceremony and should be entitled to a big As I often heard queries during the referendum day out. I do not see why this could not happen campaign, I emphasise what this Bill is not about. in the Four Courts with a Supreme Court Judge It will not affect the constitutional rights to Irish taking an hour from 9.30 a.m. to 10.30 a.m. The citizenship of any child born North or South to at new citizens should be given a cup of tea and least one Irish parent. This was lost during the have their photographs taken to record what I referendum. As people were so confused about consider to be a huge honour. The present pro- this matter, it needs to be revisited and clarified. cess is dreadfully inadequate. However, these The Bill is not about removing Irish citizenship points do not reflect on the Bill before us. from anybody who had or was entitled to it While I have often criticised draftsmen, in this before the passing of the amendment. While case we have been given a consolidated form of party spokespeople tried to clarify such matters, what will be the new Act if the Bill is passed. these two important matters were not brought With these types of Bills it is very helpful for the home. draftsmen to provide such a document to legis- The Bill does not prevent those who do not lators to allow us to understand it. acquire citizenship at birth from acquiring it at a later stage after a number of years’ residency in Mr. Moloney: I thank Deputy Andrews for the State. The Bill does not affect the Good Fri- allowing me to share time. While I welcome the day Agreement. It does not affect those children Bill, I also see the shortcomings within the born without nationality — no one born in system. I go along with much of what the previous Ireland can end up without a nationality at speaker and Deputy McGuinness have said. I present and this will continue to be the case. In recognise the genuine points made by Deputy addition to supporting the Bill we need to do Michael Higgins and we should consider granting more and not just by way of a public relations an amnesty. While I am not sure of the impli- exercise. If we are to allow our new found friends cations, I do not rubbish the suggestion and it from abroad to settle down, it is incumbent on us 397 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 398 as public representatives to clarify these matters many of our own emigrants to help them start locally. new lives in far-flung corners of the world. How I welcome newcomers to my hometown — and hypocritical of us to expect the United States of there are many of them — as well as those who America to grant an amnesty to Irish emigrants have come to the constituency of Laois-Offaly in and make use of the right of citizenship granted general. I pay tribute to their economic, cultural to children of Irish parents, while refusing the and social contribution to the community. I am same right to children born on this island. Do we not saying this simply to have something to say in have the right to deny these Irish citizen children my ten-minute time slot. I have recognised and their homeland? The Irish Human Rights Com- seen within a short space of time the huge cul- mission and the Immigrant Council of Ireland tural contribution made locally and particularly have raised important human rights consider- in the midlands. ations that have yet to be and must be addressed I welcome the Bill, the purpose of which is to before this Bill should proceed. amend the Constitution to close the loophole in I remind the Minister of some of those issues. our citizenship law that is open to abuse, as has The Government is obliged, under the UN Con- been recognised. The amendment to the Consti- vention on the Rights of the Child, to make the tution brings Ireland into line with citizenship best interests of the child a primary consideration norms in other European countries. During the when introducing any legislation that might referendum campaign, it was often stated that we impact on the rights and interests of the child, were acting over and above those EU norms including those that are not directly concerned when the opposite was the case. I also see the with children but indirectly affect them, such as need for further clarification. decisions regarding the status of their parents. Some people have qualifications from their Citizenship legislation clearly falls within those home countries, which they have been unable to parameters. Has there been any consultation with utilise in the State to date. Over the weekend I the Ombudsman for Children or any of the chil- will meet someone currently working as a barman dren representative organisations? Has there in a town in my constituency, whose previous been any research on the potential impact of this career was as an air traffic controller abroad. To legislation on particular groups of children? set the public mind at ease about the huge contri- I remind the Minister that Ireland is a signatory bution foreign nationals can make on the State, it to the International Covenant of Civil and Politi- is incumbent on us to move immediately on this cal Rights. The Government has a duty to ensure matter. and demonstrate that any legislative initiative We may be inclined to blame the EU and say does not impact on any individuals within its ter- that EU immigration policies are not up to ritory and subject to its jurisdiction in a discrimi- scratch and should be brought up to date, which natory way and to guarantee the protection of I can understand. However, it is very difficult to rights at all levels, irrespective of national, ethnic try to deal with the Department when dealing or social origins, birth or other status. with new constituents who wish to meet for fam- Article 8 of the European Convention on ily celebrations, as Deputy Andrews suggested, Human Rights guarantees the right to respect for since there is great difficulty attached to this family and private life. Ireland has signed up to process. take measures to prevent racism and promote The system for the granting of work permits better relations between different racial and eth- should also be examined. I recognise the need for nic groups in Irish society by ratifying the UN the Government and the State to put in place Convention on the Elimination of All Forms of practices that will protect the citizens of Ireland Racial Discrimination. Article 2 states that each and ensure entitlements for new found citizens state party shall take effective measures to but it is also important that we put across the review, to amend and rescind or nullify any laws message that those applying for work permits and and regulations that may have the effect of immigration status are welcome. People seeking creating or perpetuating racial discrimination. work permits are up against it because the system There is deep concern about the present state of is slow and gives the wrong image. We must be race relations in Ireland, particularly prior to and proactive in recognising that. immediately after the constitutional referendum. The economy has expanded and we are seeking While recognising the democratic decision of the immigrant workers. We must seize this oppor- people, there is no doubt in my mind that the tunity by showing that we want support for the Government’s campaign of scapegoating and economy and welcome foreign nationals. We do playing on the fears of people about floods of not want to give the impression we are slowing immigrants and bogus asylum seekers only served the process down or being selective, something I to alienate people further and institutionalise dis- would oppose. I commend this Bill to the House. crimination.

Mr. Ferris: I wish to express my serious objec- Mr. F. McGrath: Hear, hear. tions to this legislation which has at its core a dis- respect for basic human rights and equality. The Mr. Ferris: What has not been said, and should right of every child to citizenship based on birth be admitted, is that we need immigrants, people is a fundamental principle that has been used by with a broad range of skills, consumers and tax- 399 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 400

[Mr. Ferris.] together a coherent immigration policy in Ireland payers, who will contribute to the economy of the rather than jump into a referendum. He said vot- State. It has been proven time and again that ers were being asked to tighten up citizenship immigration is necessary if society and the econ- laws even though the existing regulations dealt omy is to prosper. with many of the situations. He also said that to That brings me to the issue of Irish citizen chil- ask them to decide in a vacuum with inadequate dren born in the State to non-nationals who still enforcement of existing laws is to invite them to face deportation. They are part of the new gener- exercise their worst instincts about newcomers ation of Irish citizens who have a fundamental rather than their best. That was what he thought right to their nation of birth and to the protection was dangerous about the referendum. and care of their parents. I call on the Minister to This warning from the former Congressman act promptly and regularise properly the status of who, in the past, has been a very influential friend non-nationals who have been living in fear and of Ireland on Capitol Hill came as an embarrass- anxiety while facing deportation. Also, any ment to the Minister for Justice, deportation orders that may have been issued to 3 o’clock Equality and Law Reform. Many of these families should be rescinded. It is the 48,000 who qualified for the unacceptable that the Government has acceler- Morrison visas eventually secured United States ated the deportation of Irish children and is send- citizenship. This was a very important step for us, ing them into exile from the nation of their birth. particularly in the 1980s when many of our In the absence of a truly fair and transparent friends lived in the United States illegally because asylum and immigration system, the State has of low pay, the downturn in the economy and fallen back on anti-immigration reflexes. Restric- mass unemployment here. Immigrants are tive immigration control is not the answer to the attracted to our island because of our success and many problems facing our society. We now have we should be open and welcoming. That is the a unique opportunity to build a progressive policy progressive way forward. on immigration and citizenship, with due respect This Bill provides for amendment of the Irish for the rights of everyone on the island and to the Nationality and Citizenship Acts 1956 to 2001 benefit of society. This Bill, however, is discrimi- consequent on the coming into effect of the natory and anti-democratic legislation that flies in Twenty-seventh Amendment of the Constitution the face of nearly every human rights instrument Act 2004. The Bill also includes an amendment Ireland is committed to upholding. to those Acts designed to exclude the future possibility of the reintroduction of a scheme of Mr. B. Lenihan: The Deputy did not say that investment based naturalisation. The Twenty-sev- in June. enth Amendment of the Constitution Act inserted a new provision into the Constitution at Mr. F. McGrath: I welcome the opportunity to Article 9 which provides that notwithstanding any discuss this important legislation. While I wel- other provision of this Constitution, a person come the debate in the House, I abhor the back- born on the island of Ireland, which includes its ground to it. I opposed the referendum and can- islands and seas, who does not have at the time vassed against it. I am proud to say that I was one of his or her birth at least one parent who is an of the 20% that voted “No”. I hope that we can Irish citizen or entitled to be an Irish citizen is not respect the democratic rights of the dissenting entitled to Irish citizenship or nationality unless voice, just as I accept the democratic will otherwise provided by the law. The effect of this expressed in the referendum. Its result does not amendment is to qualify Article 2 of the Consti- mean that I cannot express a different view. tution which provides that it is the entitlement When dealing with the Bill, it is not an option and birthright of every person born on the island to treat babies in a different way because of their of Ireland, which includes its islands and seas, to skin colour or cultural background. Equality be part of the Irish nation. begins the day a child is born and that is why I Relevant also is the Good Friday Agreement am concerned by this legislation. and Article 1.6 where the two Governments I strongly supported the views expressed by recognise the birthright of all the people of Mr. Bruce Morrison when he commented on this Northern Ireland to identify themselves and be issue and offered his opinion of our current Mini- accepted as Irish or British, or both, as they may ster for Justice, Equality and Law Reform. The so choose. It accordingly confirms that the right Minister’s bungling of the issue and the way he to hold both British and Irish citizenship is has dealt with particular cases has been a disgrace accepted by both Governments and would not be and he should resign. Mr. Morrison is a man of effected by any future change in the status of integrity and vision and a former United States Northern Ireland. These are the core issues in Congressman who secured 48,000 diversity visas the legislation. for Irish people living illegally in the United However, we must also face up to the broader States in the 1980s. He condemned the Govern- issue and the reality of the debate at the time of ment’s proposed citizenship referendum and the referendum. I remember being hammered on called it dangerous. He also described the asylum many doorsteps because I was advocating a No and immigration system as hopelessly inefficient. vote. I totally accepted that but the reasons given He said there is so much work to be done to bring were very sad. There were elements of racism in 401 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 402 many of the comments made to me. All too often were made to politicians. Everyone in the House false stories are used to spread prejudices. They knows that and they should not say racism was are sometimes called urban myths when they not evident during the referendum campaign. I occur in the city, although they are equally com- can name 20 Members of this House to whom mon in the countryside. They lack any basis in racist comments were made. We must stand up hard evidence and their source is usually summed and show leadership. I will not accept racism or in the old Irish saying, du´ irt duine liom go ndu´ irt sectarianism in Irish society. duine leis, a person said to me that a person said I strongly agree with some of the comments of to him or her, in other words, these stories sur- Deputy Ferris on human rights and respect for vive and thrive on hearsay. people. I remind people that this is an emigrant We, as legislators, must give leadership on this nation. Half of our cousins are in Australia, issue. It is essential we deal with the important America, England, New Zealand and elsewhere. facts — for example, the comments about migrant Many of us remember when we were younger and workers, asylum seekers and refugees. Migrant things were bad, money was sent home from workers have permission to live and work in these countries. We should not walk away from Ireland. Their legal status varies according to our responsibilities now that this is a very pro- their place of origin or the type and duration of gressive and wealthy nation. their permit, visa or work authorisation. An asy- I also accept we must make sure we look after lum seeker is the legal status of anyone who our own. This morning we debated disadvantaged applies for the protection of the State through the communities throughout the State which are neg- asylum process. Under the terms of the 1951 lected. We have a dual responsibility and a duty United Nations Convention on the Status of to challenge the myths propagated by Members Refugees, a refugee — as defined in the Refugee of this House, some of whom have gone on to Act of 1996, the term “refugee” refers to the legal higher office. I will not get into that because I status of anyone who has completed the asylum had that row two years ago with a colleague in process — is given the protection of the State and my constituency, but when it comes to leadership can live, work and remain in the State as a refu- on this issue, people on the Opposition benches gee with similar rights to an Irish citizen. The will not sit on the fence. Even if it is not trendy myths about such people are amazing. It is or safe politically, we will go with it and take the important we as legislators show leadership. risks because it is a serious issue and we must In the past two days, two Iraqi citizens were stand up and be counted. discovered hiding in a container in Wexford port. It has been said the country is flooded with asy- They were trying to escape from a major inter- lum seekers. If one looks at the figures, they rep- national conflict. I hope the Minister for Justice, resent a relatively small proportion of total Equality and Law Reform will look after these inward migration. For example, between 1995 people and ensure they are protected. There is a and 2000, half of the new arrivals were returning Kurdish family living in my constituency which Irish emigrants. Some 50,000, or perhaps more, has been given refugee status. The rest of the people have been issued with work permits. family is stuck in a refugee camp in Iraq and they There are approximately 7,900 asylum seekers. want to be reunited, yet in the past week the One would not even get 7,000 people into Tolka Minister turned down my attempt to reunite the Park tomorrow night when Shelbourne play Cork family. It is not acceptable that a family should City. Those are the numbers about which we are live with the threat of violence and in a refugee talking. Let us delete the word “flooded” from camp given the way Kurds are treated. Any Mini- our vocabulary. ster, or Department, who does not have an open There is also the myth about asylum seekers mind and heart should hang his or her head in getting money for cars, mobile telephones and shame. As an emigrant country, it is important drink. They get full board and accommodation people wake up to this reality. while their applications are being processed and, We have responsibilities under United Nations in other circumstances, only those social welfare and human rights laws. I will not accept that entitlements available to Irish people. That cir- Kurds, constituents of mine in Dublin North-Cen- cumstances are otherwise is another myth which tral, who have started a life, are working here and should be buried. A common contention we all are making a major contribution cannot be hear is that asylum seekers do not want to work reunited with the rest of their family. Their family whereas in truth they are barred from working could be at severe risk but we come up with while their cases are being examined. Many asy- wishy-washy reasons for not accepting them. I lum seekers work voluntarily in the community point this out as another example of the cold- and run projects. A famous contention of tabloid heartedness of the Minister for Justice, Equality journalists and the media in general involves and Law Reform on this issue. bogus asylum seekers. While a minority of asylum Racism is a reality in this country. It is not as seekers are found to be ineligible under the bad in the South as it is in parts of the North Geneva Convention, this contention ignores that where there are five racist attacks per week. Like most people are forced to leave home due to dire sectarianism, we cannot allow it to raise its head; economic, political and social circumstances. we must nip it in the bud. The sad reality is that Some of our own are in the same circumstances during the referendum campaign racist comments in the United States of America and would be 403 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 404

[Mr. F. McGrath.] states was a positive development. From my deported if discovered. It is important to take experience in business, I know of the difficulty of these issues on board when addressing immi- clearing work permits through Davitt House. A gration and citizenship in the House. significant number of employers have had to wait I had the honour and privilege to work in a up to 14 weeks to obtain a simple permit, a prob- small north inner-city school for 20 years among lem which has been alleviated by the granting of the pupils of which were representatives of seven the right of free movement to a large number of nationalities. Different colours and creeds were people who wish to work in the State. There has not issues in the lives of the four year olds in jun- been a lack of coherent policy at a time when ior infant classes but they were for some adults. an unprecedented number of non-nationals have The baggage began with the adults while the chil- come to our shores. The economic upturn dren had no problems. It was a privilege and an coupled with labour shortages and the entry of honour to see children from four or five different new EU member states attracted foreign workers nationalities playing together on an under-13 to the State. Irish people have such high employ- GAA team in the Cumann na mBunscoil league. ment expectations now that they do not want to It showed that respect for diversity and different work in the services industry. It is a serious prob- cultures was the progressive way forward. lem going forward in the context of the provision Sadly, the referendum campaign denied us the of the traditional ce´ad mı´le fa´ilte in the retail opportunity to have a broader discussion of the trade, restaurants and hotels. For many, work in issues. While we must have immigration policies these areas is a temporary arrangement often and a country must defend its integrity, one does taken on by student workers. This has opened up not simply close the borders. There is an element a significant opportunity for many nationals of within the EU about which I am very concerned EU accession states. in this regard. I urge Ministers to nip in the bud Despite the influx of non-nationals, the and take on right-wing elements as they emerge Government continues to fail to face up to the in Germany, France and other member states. issue and produce an immigration policy. Dupli- There can be no compromise with such people. cation is widespread and diverse aspects of immi- Racism, like sectarianism, can never be an option. gration are dealt with by several Departments. I While I welcome the opportunity presented to am amazed the Minister has failed to provide a record my views, I will vote against the Bill. one-stop shop. Refugees and asylum seekers are dealt with by the Department of Justice, Equality Mr. Perry: I am delighted to speak on this and Law Reform, work permits by the Depart- important Bill. The will of the people as voiced ment of Enterprise, Trade and Employment and in the referendum must be accepted. Last sum- visas by the Department of Foreign Affairs. Resi- mer, Fine Gael decided to support a “Yes” vote dency and citizenship are dealt with by the with reservations which centred on the way in Department of Justice, Equality and Law Reform which the referendum was being handled by the while registration is a function of the Garda. It Government, especially the Minister for Justice, would be a joke if one were to run a business in Equality and Law Reform, Deputy McDowell. this manner. It would make a great deal more Given its potential to be abused, citizenship law sense if one body were to deal with all of these is a sensitive matter. I am convinced that had the aspects of immigration. Immigrants and Minister referred the matter to an all-party com- employers find themselves going from the Garda mittee, substantial cross-party support could have authorities to the Department of Foreign Affairs been achieved. The debate which was held was and elsewhere as it is difficult to know to which very divisive and everybody had a different inter- body one must turn. pretation of what was involved. Instead of Deputy Murphy raised the issue of the signifi- embarking on a process which provided time for cant cost of duplication while the matter of the cross-party debate, the Minister deliberately set payment of substantial sums to provide accom- in train a course of action designed to create fric- modation for refugees has been raised at the tion in the Oireachtas and generate divisions Committee of Public Accounts. A new policy has among parties. The manner in which the matter been implemented whereby asylum seekers are was analysed in the media reflected that to be accommodated in one of several national approach. There was a lack of clarity. centres. A facility has been bought in Sligo which In the debate on the proposal in the will house up to 200 people who previously Oireachtas, Fine Gael adopted a responsible, received rent subsidies. It does not seem to be a constructive approach. The party opposed the compassionate alternative to house up to 200 timing of the referendum and questioned the people in a form of sheltered accommodation and Minister on the need to hold it. Despite the it is one on which I seek clarification. Perhaps the exploration by Fine Gael of a number of realistic policy has merits, but it seems very restrictive to alternatives, the Minister decided he knew best accommodate people in a type of boarding school and today we find ourselves debating legislation facility while providing them with very little to give effect to the referendum decision. My money. The ability of refugees to become party accepts the will of the people. involved in communities has been curbed and This is an area in which we require a clear they are not allowed to work. Whereas the ability policy. The enlargement of the EU to 25 member to work could be therapeutic, the housing of 200 405 Irish Nationality and Citizenship 28 October 2004. Bill 2004: Second Stage (Resumed) 406 people in a small area in the hope that they will This is important legislation and it has been integrate with a community will be problematic. well debated. I listened to what Deputy Michael At least three Departments and a great many D. Higgins had to say on the difficulties encoun- agencies handle what could be shaped into a uni- tered to date. Ireland is perceived as a friendly fied process. I call on the Government to give nation and Irish people living in places such as responsibility for all immigrant affairs to one the United States, many of whom are there on Department. It is amazing that structures cannot a temporary basis, receive a welcome reception. be streamlined. A great deal of taxpayers’ money However, I am aware of many people who were was wasted when local authorities and the Office deported from the United States over night. of Public Works failed to agree on planning per- Deputy Higgins referred to the situation which mission for properties intended to provide pertains when people apply to have the grand- accommodation for asylum seekers. I am aware parents of their child come to visit them. These of a particular property on which \12 million was people, who were medical practitioners in their spent and on which a subsequent application for country of origin, had valid documentation which change of use was refused. That type of bad plan- supported their intention to return home, yet ning is unacceptable. they were refused entry. It is important to take The Government is to be complimented on people at their word and to have integrity in the providing that people from the 25 EU member process. It is disappointing the Minister will not countries can come to Ireland to work. That dero- grant a holiday visa to people with valid docu- gation is to be welcomed as it reduces pressure in mentation, supported by employers, who intend to return to their countries of origin and have the terms of work permits. It is equally important financial means to support themselves while in that the many talented refugees in this country the country. are allowed to contribute by way of temporary In this context, we should note the number of work visa if an employer is prepared to sponsor people who emigrated in the past 150 years. Some them. There is no reason not to regularise the 50 million people in the United States claim Irish status of the estimated 11,000 non-EU parents of diaspora We must consider the recognition and Irish children who applied for residency based on support they receive all over the world. It is the birth of a child here before the Supreme important to be compassionate. I do not suggest Court decision in January 2003. There can be no the legislation is void of sentiment but one must precedent set by regularising these people. The be tolerant of refugees. However, I am sure this Minister for Justice, Equality and Law Reform problem will be resolved. The Ta´naiste during should do the decent thing given the uncertainty her time in the Department of Enterprise, Trade surrounding the lives of these people. The Mini- and Employment ensured people from an ster has been vocal on many issues. The regularis- enlarged Europe were able to come here to work. ing of these people is important in terms of a That is good for the business community. The child’s stability and, in particular, in terms of his procedure of applying for work visas was expens- or her education, and it is equally important from ive, time consuming and froth with difficulty. It is the point of view of parental responsibilities and time to take an integrated approach to this matter their job entitlements. and place it within the remit of one Department The Chen case which provides that an Irish rather than four or five. It is regrettable the born child has the right of residency in any EU Government, in all its wisdom, has dedicated four country except Ireland is absurd. I ask the Mini- bodies to deal with this matter. ster to clarify how the situation in Ireland will be The passports for sale issue was most regret- affected following the European Court of Justice table. It was embarrassing that people could auto- ruling that a mother of a baby born in Northern matically become citizens of Ireland based on Ireland has the right to remain in the UK on the their financial means. That was bad politics and basis that her baby is an Irish-EU citizen. It is should never have happened. It is an issue that important to the 11,000 non-EU citizens that this should be investigated further because it clearly matter is sorted out. indicated that a two-tier system operated Prior to the Supreme Court decision it was whereby those who had the contacts and financial accepted practice that parents of children born means could be put in such a privileged position. within this State were granted residency on that This legislation will ensure there will be no basis. I understand the Department of Justice, attempt by future Governments to provide Equality and Law Reform had established a sep- further incentives in that regard. People will arate procedure for dealing with such appli- become Irish citizens only through legitimate cations. Many statutory agencies and lawyers means as set out in the Bill. This issue has been have advised non-national parents and a number contentious for many years. Our reputation, in of asylum seekers not to rely on their status as terms of tourism, as a friendly nation — the Irish parents of Irish born children. Many asylum seek- diaspora throughout the world have been recog- ers and other non-nationals have made decisions nised for their friendliness — has been damaged about their future based on the advice they by the manner in which the State dealt with this received and their understanding of the position matter and the Minister’s lack of compassion in before the Supreme Court decision in the L&O dealing with families and the next-of-kin of case. people legally entitled to be here. 407 Priority 28 October 2004. Questions 408

[Mr. Perry.] Ta´naiste agree that if there is no investment in We are a multicultural society and the dracon- primary care, it makes the Hanly report unim- ian way in which the Minister is dealing with this plementable? The former Minister for Health issue is regrettable. It is important he clearly and Children, Deputy Martin, stated before leav- understands that those visiting people legally ing office a month ago, that none of the \2.5 mill- entitled to be in the State will comply with the ion which is being rolled out was to be invested terms of their travel visas. There are procedures in the non-acute hospital sector, specifically the in place to deal with those who do not comply. primary care sector. In information released The Minister should not categorise people and under the Freedom of Information Act, the take decisions which prevent elderly people from Department of Health and Children said there visiting their grandchildren in bona fide cases. will be no investment in primary care until 2007. Such people would be an asset to this State Without investment in primary care, the Hanly because those who remain here for a couple of report, as published by the Department, is unim- weeks will spend money and that, in turn, will plementable. In regard to the consultants’ con- benefit small business and the economy. It is tract, there is no point in negotiating it unless important there is compassion in terms of the there is major investment in primary care. The legislation. Minister has not stated where the investment in I compliment Deputy Murphy on putting the primary care is going. Fine Gael position on this legislation. Ms Harney: I agree with the Deputy. The Debate adjourned. development of the primary care sector is central to the health strategy. Certainly the general prac- Ceisteanna — Questions. titioner service is the first port of call for the majority of people. I am examining how we can develop further the potential the primary care Priority Questions. sector offers. I said in my reply that it is not cor- rect to say that the non-acute sector will not ———— receive substantial funding. I have a number of projects to which I can refer but I do not wish to Primary Care. delay the House. Among them are projects in the 1. Dr. Twomey asked the Ta´naiste and Minister mental health area which are a priority for the for Health and Children if her Department has Government. They include the facilities of the deferred until 2007 or 2008 making a major Central Mental Hospital in Dundrum which are investment in the non-acute sector, especially the not appropriate to the needs of today. I intend to primary care sector; and if she will make a state- bring forward proposals to the Cabinet shortly on ment on the matter. [26414/04] that matter. It would be my intention to dispose Ta´naiste and Minister for Health and Children of some of the substantial land assets available in (Ms Harney): It is not correct to say that funding the health sector and to use them as additional for the non-acute sector, including primary care funding on the capital side for many of the pro- has been deferred to 2007 or 2008. The total capi- jects, such as those in primary care, which the tal programme for this year is \509 million. The Deputy mentioned. health capital investment framework programme for the years 2004 to 2008 proposes a total capital Dr. Twomey: I agree that funding will be put envelope of \2.7 billion. This includes capital into mental health services. However, I am asking investment in the non-acute hospital sector. specifically about primary care to which no com- A number of major acute hospital projects are mitment has been given in the primary care under way which by their nature involve signifi- strategy. Prior to leaving office, the former Mini- cant contractual funding commitments — con- ster for Health and Children, Deputy Martin, struction, fees, equipping — for the next few began to speak about public private partnerships years. It is in this context, allied to the multi- which were not referred to when the primary care annual nature of the funding programme, that a strategy was published. It appears that funding in greater emphasis is being placed on the non-acute this area has come to a stop. That is the point I programme for the latter period of the frame- make because it is the solution to many of the work. This is especially the case, bearing in mind crises in the health service. I am surprised that existing contractual commitments and the times- investment in primary care should be stopped cales involved in delivering the larger projects in when there is already a manpower crisis and the the non-acute sector. hospitals with the worse accident and emergency crises are those which also have the poorest pri- Dr. Twomey: There is no funding for primary mary care services. While investment in this area care in the Government’s primary care strategy does not make headline news, it is vital for the to which the Minister has made no reference. health services. While this is not what makes headline news, investment in primary care, which includes gen- Ms Harney: I emphasise there is no question of eral practice services and ambulance services, is a investment in the primary care sector being solution to the long-term crisis in health. Will the dropped. Regarding the next two questions I will 409 Priority 28 October 2004. Questions 410 take, developing out-of-hours services in the medium-term action to be taken to address the greater Dublin area is crucial to relieving many problems associated with emergency departments of the pressures experienced by the accident and in the Dublin academic teaching hospitals. The emergency departments in the Dublin area. Pri- cost of these new initiatives is \2.4 million in a full mary care is developed along a number of mod- year and includes the appointment of specialist els. I look forward to the negotiations with the nurses, the establishment of rapid assessment Irish Medical Organisation, IMO, and consultants teams, a clinical decisions unit and the provision on the changes which are necessary to implement of multidisciplinary teams to assess patients. the reform programme which the Government An additional 29 emergency medicine consult- has under way to unsure this country has the best ant posts were approved under the winter initiat- possible standard of health care delivery in the ive 2000-2001. There are now 51 emergency medi- world. I want people to be able to come to cine consultant posts in acute hospitals which is a Ireland in the future—— 260% increase since 1997. The availability of senior medical staff in emergency medicine Mr. Gormley: Dream on. departments should facilitate rapid clinical decision making, enhanced management, diag- Ms Harney: I will not dream on. That was said nosis and treatment of patients. about the economy ten years ago. We can do it Pressures on the hospital system, especially in in Ireland and that has to be the ambition. That the eastern region, arise from demands on emer- is certainly an ambition I have set for myself. gency departments and on difficulties associated with patients who no longer require acute treat- Mr. Gormley: Not if the Government does ment but are still dependent. Funding of \16.8 not spend. million has been made available to the ERHA which has resulted in some 520 patients being dis- Ms Harney: I do not believe in being defeatist charged and work is continuing to facilitate the like the Deputy. discharge of a further 80 patients. Planning for the discharge of patients by acute An Ceann Comhairle: For the benefit of hospitals and the liaison with the community ser- Deputy Gormley, in regard to priority questions vices has been prioritised on an ongoing basis by only the Member who submitted the question is the Eastern Regional Health Authority. Initiat- entitled to submit a supplementary. ives such as Homefirst, Sla´n Abhaile and home subvention all contribute to providing alternative Mr. Gormley: I was just heckling. care packages for older people so that they can be discharged. Increasing acute bed capacity will Accident and Emergency Services. also have an impact on the delivery of emer- 2. Ms McManus asked the Ta´naiste and Mini- gency services. ster for Health and Children the steps she intends Notwithstanding the initiatives introduced over to take to address the continuing severe difficult- a period of years, there remain too many difficult- ies in accident and emergency units, especially in ies and delays in accident and emergency depart- hospitals in the greater Dublin area which cause ments which I have already said are not accept- hardship for patients and staff alike; and if she able. They are, however, a symptom of the will make a statement on the matter. [26412/04] underlining problem in the health care system. In dealing with the difficulties being experienced by 3. Mr. Gormley asked the Ta´naiste and Mini- patients, it is therefore necessary to take an holis- ster for Health and Children the steps she has tic approach. taken to introduce emergency measures to deal The effective delivery of emergency services with the continuing crisis in accident and emer- cannot be done in isolation of all hospital ser- gency units; and if she will make a statement on vices. Resolving the problems is a priority of the matter. [26413/04] mine. I am identifying the particular pressure Ms Harney: I propose to take Questions Nos. points within the health system that effect the 2 and 3 together. efficient delivery of emergency services. I intend This Government has over recent years intro- to ensure the most pressing problems are duced a number of initiatives aimed at improving addressed as a matter of urgency and in the con- the delivery of acute services and alleviating the text of the upcoming Estimates. I intend to intro- pressures on accident and emergency depart- duce a wide-ranging package of measures that ments. Improved and expanded accident and will address the problems to which I have emergency departments are being provided. referred. Recently, new departments have been provided at Cork University Hospital, James Connolly Ms McManus: Will the Minister accept that her Memorial Hospital, Naas General Hospital, reply is deeply disappointing? So far all she has South Tipperary General Hospital, and Clonmel had to offer is rhetoric and the repeat of and Roscommon general hospitals. measures taken in the past which have not Following a submission from the Eastern worked. Is she genuinely not aware of the extent Regional Health Authority in June 2004 my pre- of the crisis in our accident and emergency decessor approved proposals for short and departments where on a night people can occupy 411 Priority 28 October 2004. Questions 412

[Ms McManus.] involved in delivering the services. It will not be 100 or 200 trolleys because they cannot access a a top-of-the-head, impatient response. Rather, it bed? Would she like to state to the House what will be one that will work to change the experi- she will do about this crisis considering that the ence of patients in accident and emergency winter has not come yet and we are in such diffi- departments in Dublin. culties and the elderly are suffering severely? Will Annually, 1.2 million people attend accident the Ta´naiste tell the truth about the number of and emergency facilities in Ireland, which is more acute inpatient beds that have been provided by than a quarter of the population, many of whom the Government since the health strategy was are on repeat visits. This is a huge volume of published? The figure given by the Taoiseach was activity. Therefore, we must ensure that the 900 but it turns out that was 583, which actually experience of those who are required to attend means just 299 inpatient beds have been provided accident and emergency departments is a positive since 2001. Does the Ta´naiste think this is satis- one and that the service is run efficiently. factory and will she tell the truth so that we can Some 78% of those who present in accident at least know what we are talking about? and emergency departments in Dublin do not Will the Ta´naiste use the private nursing home require to be admitted to a hospital bed. We must capacity? Will she introduce MAUs to Dublin find a speedier and alternative way to develop out hospitals? Will she extend medical cards to of hours facilities, particularly in Dublin — in encourage access to primary care? Will she north Dublin, they are almost absent — to take guarantee that there will be no closure or down- some of the pressure off the accident and emer- grading of any accident and emergency depart- gency services. We must also ensure that the late ment as planned on foot of the Hanly report in and delayed discharge of patients, in respect of order to ensure no further pressure is place on which I just received information last week, is over-stretched services? dealt with. We now know the nature of the patients’ situations and what alternative facilities Ms Harney: I am amused to be accused of they require. For example, in the Mater Hospital, engaging in rhetoric. Four weeks ago today I took approximately 31 of the 68 patients are suitable up my position at the Department of Health and for alternative facilities such as nursing homes or Children. returning to their own homes.

Ms McManus: The Ta´naiste has been in Mr. S. Ryan: The Ta´naiste has known that for Government for seven years. seven years.

An Ceann Comhairle: The Ta´naiste without An Ceann Comhairle: This is not Deputy Sea´n interruption. We need an orderly question time Ryan’s question. and the Ta´naiste is entitled to be able to reply without interruption. Ms Harney: I assure the Deputy that the data I have received was not available to me four Ms Harney: During those seven years I have weeks ago. been well aware of the substantial funding that has been given to the health services. There has Mr. S. Ryan: The Ta´naiste’s predecessors did been a threefold increase in funding in that nothing. period. If money alone could solve the problem, we would not have one. Ms Harney: The remedy will cover enhancing primary care, particularly out of hours cover; Ms McManus: Will the Ta´naiste answer the medical assessment units such as those referred question? to by Deputy McManus and improving discharge policy so that there are alternative facilities in An Ceann Comhairle: Will the Deputy allow place that will facilitate the discharge of patients the Ta´naiste to reply? She is entitled to the same who do not need an acute bed that costs approxi- courtesy as was afforded the Deputy. The Deputy mately \5,000 per week. These are among the is not entitled to interrupt. initiatives we are examining. There are also issues in regard to the availability to clinicians of diag- Ms McManus: Ask the Ta´naiste to tell the nostics on a 24 hour basis in order that they can truth. make clinical decisions about their patients.

An Ceann Comhairle: I ask the Deputy to Mr. Gormley: Does the Ta´naiste accept allow the Ta´naiste to reply. She is wasting time that—— on her own question. Ms McManus: Excuse me. Ms Harney: I tell the truth. I will not tell lies and I will not play politics with patients. Among An Ceann Comhairle: Deputy Gormley has the measures that will be introduced are some of been called. He also has a question. the matters mentioned by the Deputy and they will be addressed in the context of the Estimates, Ms McManus: I have a supplementary having considered the issues and spoken to those question. 413 Priority 28 October 2004. Questions 414

Mr. Gormley: Does the Ta´naiste accept that An Ceann Comhairle: If Deputies did not despite being in power for seven and a half years, interrupt, they might have an opportunity to ask a the Government has failed miserably to address supplementary question. Deputies McManus and the accident and emergency crisis? Is she telling Sea´n Ryan interrupted. There were just three the House that where Deputies Cowen and minutes remaining for Deputy Gormley’s ques- Martin failed, she will succeed and that she will tion and reply, whereas Deputy McManus had produce a world class health system? Is she living nine minutes for her question and reply. is cloud cuckoo land? How will she do this with- out spending money? Does the Ta´naiste agree Hospital Services. that we need to make up for the years of under- spending in the health service and that we cannot 4. Mr. Neville asked the Ta´naiste and Minister solve the accident and emergency problem unless for Health and Children the strategy to we deal with the bed capacity problem, to which implement the 33 recommendations of the review the Ta´naiste only referred briefly in her answer? completed in June 2004 of the care and treatment The consultants and every oneelse tells us this of a person (details supplied) in the course of her is a bed capacity problem. Can the Ta´naiste admission to the acute psychiatric in-patient unit explain to people who are on trolleys or in chairs at the Mid-Western Regional Hospital in Sep- where are the 3,500 beds, which were in the tember 2004; and if she will make a statement on system in 1990? Will she speed up the introduc- the findings of this review. [26576/04] tion of these acute beds because surely this is the Minister of State at the Department of Health nub of the problem? and Children (Mr. B. Lenihan): The case referred to by the Deputy is a tragic one and I extend my Ms Harney: I do not agree that my prede- condolences to the family concerned. Deputy cessors failed. Turning the health services around Neville raised the matter on the Adjournment will not happen overnight, as I have already some time ago but it falls today to consider what stated. We will not create the world class system progress has been made on the implementation — that we could and will have — in two and a of the recommendation. half years, just as we did not turn the economy The Mid-Western Health Board established an around in such a short time. However, I remain independent review committee in October 2003 optimistic and positive that Ireland can achieve a to examine the circumstances of the tragic death world class health service in terms of how health care is delivered when the reforms that are under of the patient, which occurred in September 2002. way are fully implemented. Clearly, if everything The final report of the committee was presented was well we would not be engaged in this pro- to the Mid-Western Health Board on 28 June gramme of radical reform. 2004. A copy of the report was also made avail- The new HSE will take office from next year able to the family of the deceased and to my and we will have a more centralised and clearly Department. more efficient manner in which to manage the Officials of my Department recently met senior health service, which has been a difficulty in management of the Mid-Western Health Board recent years. We have learnt from experience that to discuss the measures being taken to implement putting more and more money into an unrefor- the report’s recommendations. They were med system does not make sense. This is why informed that the Limerick mental health service more money must be accompanied by reform. welcomed the report and its recommendations, Next year there will be substantially more money. which provide a means to guide continuous To meet the health service pay bill alone will cost improvements within the service. The recom- an extra \550 million, which is not an inconsider- mendations have been converted into detailed able sum. and specific action plans and a working group has It is too simplistic to state that this is a matter been established within the Mid-Western Health of more beds. We need more beds but we also Board to implement the actions identified. The need practice reforms, reforms in working working group has been meeting regularly since methods, new facilities that do not require beds early September and implementation is being such as medical assessment units and more out of monitored, reviewed and directly supported by hours cover, particularly on the north side of the executive of the Limerick mental health Dublin where it is almost absent. These are service. among the reforms proposed as well as step-down Among the recommendations made by the and alternative facilities for those who are in committee is the need for progress on the acute beds just because there is no alternative. development of an inpatient unit for children and adolescents in Limerick. I am pleased to inform An Ceann Comhairle: The time limit of 12 the House that approval has been given for the minutes has expired for this question. appointment of a design team for the develop- ment of a 20-bed child and adolescent in-psychi- Ms McManus: It is disgraceful for the Ta´naiste atric unit on the Mid-Western Regional Hospital to take two questions together since neither ques- campus. Proposals for a high observation unit tioner has had an opportunity to ask a sup- within the adult acute psychiatric unit in Limerick plementary question. It is unacceptable. are also at an advanced stage, and this develop- 415 Priority 28 October 2004. Questions 416

[Mr. B. Lenihan.] Mr. B. Lenihan: I am glad implementation of ment is in line with another of the committee’s each of those recommendations is under way at recommendations. the relevant levels in the mental health services. On receipt of the report of the review commit- The report is being treated with the utmost tee last July, my colleague, the Minister of State, seriousness. Those 33 recommendations are being Deputy Tim O’Malley, referred it to the Mental acted upon. I am not aware of the earlier case to Health Commission. The commission endorsed which the Deputy referred. If he communicates the recommendations of the committee and indi- with me on it, I will raise the matter further. cated that those recommendations, which are applicable to all mental health service providers, Mr. Neville: A parliamentary question has would be incorporated in the quality framework been tabled on it. currently being developed by the commission. Mr. B. Lenihan: The Deputy will appreciate This framework includes the development of that I am representing the Minister of State, standards for mental health care, clinical govern- Deputy Tim O’Malley, and I am not apprised of ance and codes of practice. that case, but I will follow it up for the Deputy. I am prepared to consider the Deputy’s request Additional information not given on the floor of for publication of the report, but as I understand the House it, the report is available to the public. I do not The annual inspections by the Inspector of know in what format the Deputy wants it to be Mental Health Services provide for the ongoing published. monitoring of such policies and standards by the Mental Health Commission. We will continue to Mr. Neville: I want it to be laid before the Da´il monitor developments in the mental health ser- or in whatever format is the norm. It is not vices to ensure that the recommendations of this published. report are fully implemented. Mr. B. Lenihan: I will give consideration to the Mr. Neville: I thank the Minister of State for Deputy’s request for publication of the report. his reply and join him in expressing sympathy to On the lack of openness on this matter—— the family concerned. Does the Minister of State agree that this report offers a unique and rare Mr. Neville: I was referring to the psychiatric window to difficulties arising in our psychiatric services. services and exposes ten issues that arose regard- Mr. B. Lenihan: —there has been no lack of ing this tragic death? Does he agree that the cul- openness in this House on discussion of this ture of secrecy in our psychiatric services, pro- matter. Deputy Neville raised it on the Adjourn- tected by the stigma surrounding mental illness, ment and today during Question Time. does not facilitate open discussion on the diffi- culties arising in the psychiatric services? I Mr. Neville: That was not my question. request that he officially publish the report to allow full and detailed discussion of it. If this Mr. B. Lenihan: I am answering the Deputy’s death occurred following an appendicitis or an question. There has been no lack of openness or accident with ten issues arising which seriously candour in the replies prepared for me on this affected the life of the person concerned, there matter, which has been raised by the Deputy on would be a national discussion on it. the Adjournment and today on Question Time. Does the Minister of State agree that the fact As regards the openness of matters which fall that this patient was removed from a private within the province of the Mid-Western Health hospital in Dublin to a public facility in Limerick Board, that is a matter within the province of that exposes that money decided the fate of the pati- board. When the Oireachtas in 1970 decided to ent because of the money-orientated nature of establish the health board machinery, clear the services? Will he agree to an independent accountability structures were laid down within inquiry into the death of another patient which that machinery where the chief executive and the took place one year earlier in October 2003 in the relevant officers reported to a board. I appreciate same unit? Will he respond to the call by the that at this time that structure is not in operation trade union representing the staff in this unit for but we are about to introduce radical legislation that will refashion that system. The period to this unit of the Mid-Western Regional Hospital which the Deputy referred is a period in which to be closed? there was a health board, the Mid-Western Health Board, in existence in that area. That Mr. B. Lenihan: The Deputy has raised a matter was within the functional area of that number of issues. He referred to the number of health board and it was its responsibility to deal recommendations made. However, 33 distinct with the issue of accountability. recommendations were made. Mr. Neville: We would like an investigation Mr. Neville: Yes, but ten issues arose regarding into all such deaths. There was openness in the death of the patient involved. regard to this person’s death. 417 Priority 28 October 2004. Questions 418

An Ceann Comhairle: We have exceeded the provided this year to health boards to implement time allowed for this question and must move on the strategy. to the next question. A national committee comprised of a wide range of experts was established in 2002 to Mr. S. Ryan: On a point of order, is this not develop guidelines, protocols and strategies in another example of how this system is being used regard to antimicrobial resistance. As part of its by the Minister of State so that he does not give remit it provides advice to the regional SARI answers? committees in each health board area which were established as a result of the strategy’s recom- An Ceann Comhairle: That is not a point of mendations. Tackling this problem is a multi- order. faceted issue which will require action on a number of fronts. Implementation of the strategy Mr. S. Ryan: Deputy Neville has not been able is taking place on a phased basis. to ask a supplementary question, as happened Since 1 January this year, MRSA bacteraemia earlier in the case of my party colleague. is included in the revised list of notifiable diseases of the infectious diseases regulations so hospitals An Ceann Comhairle: That is not a point of are now legally required to report an incidence of order. the infection.

Mr. S. Ryan: This is a disgrace. The Minister of Mr. J. Breen: I am disappointed with the Mini- State was waffling and did not give Deputy ster’s response. It is similar to a response given to Neville an opportunity to ask a supplementary a Priority Question on this matter in June 2001. question. Is the Minister aware that Ireland 4 o’clock has the third highest incidence of An Ceann Comhairle: The Deputy is using up infection from the MRSA bug in time. I call Question No. 5. Europe? The incidence of the infection here is 42% compared with 44% in UK and 44% in Mr. Neville: May I ask a brief supplementary Greece. The incidence of the infection here is the question? same level as that reported in Portugal, Malta, Italy and Croatia. Will the Minister explain why An Ceann Comhairle: In fairness to—— no statistics have been available since 2002 on the incidence of infection from the MRSA bug in this Mr. Neville: We rarely have an opportunity to country? At that time it was indicated that 474 raise this issue in a general way. contracted the bug, but we have not been told how many people lost their lives as a result of An Ceann Comhairle: Deputies McManus, contracting it. In the UK 7,000 to 8,000 people a Gormley and Twomey did not have an oppor- year lose their lives as a result of contracting the tunity to exceed the time allocated for their ques- MRSA bug. The UK authorities ask hospitals, in tions. I call Question No. 5. their own interests, to display the number of people who contracted the infection in their Mr. Neville: Every suicide in this State should hospitals. be investigated similar to the manner in which Has the Minister ever spoken to anyone who this one was. I welcome the openness in which contracted the MRSA bug? If not, she is looking this case was dealt with. at a person who has. I contracted it in March and nearly lost my life. I have been told by my con- Infectious Diseases. sultants that I will get back only 60% of the use 5. Mr. J. Breen asked the Ta´naiste and Mini- of my right arm. The Minister trots out the same ster for Health and Children the action she reply—— intends to take to combat the spread of the MRSA superbug that appears to be rampant in An Ceann Comhairle: A question, please, hospitals here; and if she will make a statement Deputy. on the matter. [26548/04] Mr. J. Breen: The Ceann Comhairle is a doctor Ms Harney: In 1999 the National Disease Sur- and he will be aware of what I have suffered. He veillance Centre was asked to evaluate the prob- knows about the MRSA bug. lem of antimicrobial resistance, including MRSA, in Ireland and to formulate a strategy for the An Ceann Comhairle: I am here in my capacity future. It gave detailed consideration to these as Ceann Comhairle and the Deputy must ask a issues and drew up a strategy for the control of question. the resistance in Ireland, which was launched on 19 June 2001. This report contains a wide range Mr. J. Breen: What measures will the Minister of detailed recommendations to address the issue, put in place? She should not trot out the same including a strategy to control the inappropriate answer that the former Minister, Deputy Martin, use of antibiotics. gave in 2001, as she has done. I have with me a Approximately \16 million in funding has been copy of Deputy Martin’s response. Is the Minister made available to date, of which \4.5 million was aware that a survey shows that in hospitals this 419 Priority 28 October 2004. Questions 420

[Mr. J. Breen.] Mr. J. Breen: I will be her guinea pig because year, 55% of doctors did not wash their hands I nearly lost my life. between seeing patients, 35% changed their white coats only once per week and 9% wore gloves An Ceann Comhairle: The Deputy will have to only when they were examining patients. find another way of raising the matter.

An Ceann Comhairle: The Deputy should ask Mr. J. Breen: I nearly lost my life because of a question. this bug. When will the Minister——

Mr. J. Breen: I suffered from the MRSA bug. An Ceann Comhairle: The six minutes allowed As I stated in the Chamber when the Minister for the question have concluded. was appointed, I waited for 17 hours in a hospital in the west to get an antibiotic to save my life. Is Mr. J. Breen: —carry out an investigation? I this a health service of which we can be proud? will be her guinea pig in an investigation—— We have ploughed money into it and have got nothing back. We have abused money. An Ceann Comhairle: Deputy James Breen—— An Ceann Comhairle: Will the Deputy allow the Minister time to answer his question? We are Mr. J. Breen: ——into why I contracted the running out of time rapidly. disease.

Ms Harney: I am genuinely sorry that Deputy An Ceann Comhairle: In fairness to other James Breen had this experience. I was not aware Deputies who have submitted questions—— of it. As I am sure he knows, the bacterium lives in about 33% of normal, healthy people. It lives Mr. J. Breen: I am asking the Minister a harmlessly on the skin and in the nose of approxi- question. mately one in every three people in the country. It causes problems when it gets the opportunity An Ceann Comhairle: —they are entitled to to enter the body. The Deputy is correct that the have answers from the Ta´naiste. most effective way of dealing with it is hand hygiene. It seems incredible but we had to issue Mr. J. Breen: I will be her guinea pig. Will she guidelines on hand hygiene recently. When I saw carry out an investigation? this in my briefing note, I had to check whether it was correct. The guidelines are for those who An Ceann Comhairle: Will the Deputy resume work in health care settings and equally to those his seat? visiting patients that suffer from the bacterium. Mr. J. Breen: It nearly cost me my life. The chief medical officer, to whom I spoke before Question Time, said to me that the most practical An Ceann Comhairle: Deputy James and sensible thing we can do to stop the spread Breen—— of the bacteria in a health setting in which people are particularly vulnerable and sick is to encour- Mr. J. Breen: Can the Minister defend that? age hand hygiene and the washing of hands. The guidelines are intended to achieve this and money An Ceann Comhairle: Will the Deputy resume is being made available to the different regions his seat? with a view to implementing best practice in this area. Mr. J. Breen: Will the Minister have an investi- gation carried out? Mr. J. Breen: Can I ask the Minister one ques- tion? I will be her guinea pig. An Ceann Comhairle: Will the Deputy resume his seat? An Ceann Comhairle: The six minutes allowed for this question have concluded. Mr. J. Breen: I will resume my seat when-——

Mr. J. Breen: I will be her guinea pig in an An Ceann Comhairle: There are other investigation into how I contracted the MRSA Deputies in the House who are entitled to have bug. their questions answered.

An Ceann Comhairle: I call Question No. Mr. J. Breen: Will the Minister answer my 6—— question?

Mr. J. Breen: Will she carry out the investi- An Ceann Comhairle: The time for the ques- gation into how I contracted MRSA? tion has long since concluded.

An Ceann Comhairle: —in the name of Mr. J. Breen: Will the Minister answer my Deputy Burton. question? 421 Other 28 October 2004. Questions 422

An Ceann Comhairle: I have called Question the hospitals in question? How many of them will No. 6 in the name of Deputy Burton. be staffed? The staffing needs will add to the budgetary requirements of the hospitals, which Mr. J. Breen: The Minister should answer the are under pressure and cannot even manage question. within their existing budgets. How will the Mini- ster resolve this? Will she please state how many Ms Harney: I assure the Deputy that if he inpatient beds — acute beds that are needed — makes available to me in private the details of his will be provided from the figure of 900? case, with which I am not familiar, I will certainly examine it. If he contacts me in my office, I will Ms Harney: Successive Governments from all certainly look into the matter, if I can. parties, including Deputy McManus’s, can take credit for our economic success. Mr. J. Breen: I thank the Minister. Ms McManus: Exactly.

Other Questions. Ms Harney: However, many of the policies on taxation and enterprise that are supported by the ———— parties in Government have probably played a greater role in our economic success than those Health Service Funding. that have the opposite effect. We have different 6. Ms Burton asked the Ta´naiste and Minister perspectives but shared ambitions. I am certainly for Health and Children the steps it is intended not arrogant enough to claim full credit for our to take to address the \20 million deficit facing economic success. The same applies to the health the main Dublin teaching hospitals, which has service which requires many people working at arisen largely as a result of higher than expected every level. spending on expensive cancer drugs; if it is On beds, I answered a question by Deputy intended to introduce a Supplementary Estimate McManus yesterday. She has the breakdown so I to deal with the deficit; and if she will make a will not—— statement on the matter. [26333/04] Ms McManus: That does not give me the infor- Ms Harney: The quoted spending deficit for the \ mation I seek. It is not specified whether the beds Dublin academic teaching hospitals was 20 mill- are inpatient acute beds or otherwise. Of the ion for the period ended in July 2004. The posi- promised 900 beds to be provided by mid-2005, tion has improved over the months of August and how many are inpatient beds that will relieve September for the Eastern Regional Health pressure in hospitals and how many are day care Authority, ERHA, generally. The authority con- beds, including couches, trolleys and recliners? tinues to work with individual agencies to manage the situation. In respect of the Dublin academic Ms Harney: I assure the Deputy than none of teaching hospitals, the ERHA is working with the the 900 beds is a trolley, couch, armchair or what- agencies and believes it will achieve a break-even ever the Deputy is suggesting. They are beds. position by the end of the year. This year, an \ additional 4.6 million was allocated to the Ms McManus: They are not. ERHA specifically to address service pressures in oncology and haematology, including oncology Ms Harney: Yes, they are beds. drug treatments in acute hospitals in the region. Ms McManus: They are not. Ms McManus: I got the impression from the Minister earlier that she was claiming credit for Ms Harney: We do not call a couch a bed. the success of the economy but I presume she was not making that outlandish claim. The issue at Ms McManus: I am sorry, but the Minister hand concerns the economies of specific hospitals does. in the Dublin region which are already in diffi- culties and experiencing particular pressure in the Ms Harney: I beg the Deputy’s pardon but—— accident and emergency departments. Does the Minister not accept that if there are increases in Ms McManus: The Department of Health and the throughput of patients in the hospitals, it will Children has provided the information. add to their budget requirements? Does she not accept that there is a difficulty in terms of the Ms Harney: I spent considerable time talking increasing cost of drugs and greater patient press- about this to my officials yesterday after the ure? The population is growing and the budgets Deputy made her incorrect assertion. for the hospitals are simply not keeping pace. What does the Minister intend to do about it? Ms McManus: It is correct. The Taoiseach has promised that there will be 900 extra beds in the system by the middle of next Ms Harney: Hospitals must live within budgets year. How many actual beds will be provided in and the new hospitals office will insist that they this timeframe and how many of them will be in do. We cannot plan anything if people do not live 423 Other 28 October 2004. Questions 424

[Ms Harney.] have to establish that the person concerned owed within budgets. That will have to be the way as a duty of care to the person who had been taken we go forward. Otherwise, nobody can plan for ill and that this duty had been breached resulting the circumstances that will arise. in loss or injury. This is virtually impossible under On new beds, there is a proposed new hospital Irish law. The clinical indemnity scheme provides for the Mater. As of now, it is not proposed to indemnity cover for professional staff employed have any additional beds therein. We need to by health agencies covered by the scheme for reconsider this. Clearly, if we are providing new, good samaritan acts. This decision was taken to state-of-the-art facilities, we must use them to facilitate suitably qualified and experienced staff increase the bed capacity in the Dublin area. I in coming to the assistance of people involved in certainly wish to pursue this in conjunction with medical emergencies. I am considering having the my colleague, the Minster for Finance, in the con- scheme extended to cover volunteers who have text of our Estimates. We may argue about how been recruited and trained by health boards to many we need but the bed capacity strategy sug- operate portable defibillators in remote areas gested 3,000 between now and 2011. Clearly, if which might otherwise lack such a service. These we need more beds, we must provide them initiatives are sufficient to deal with all reason- through the projects that are under way. able needs for indemnity cover. The intention is that when the Health Service Executive, HSE, begins, it will do so with a clean Mr. Timmins: I thank the Ta´naiste for her balance sheet and not with a debt from this year. reply. I am pleased she is considering extending We will insist upon this. the scheme. When will the scheme be operable because many communities are waiting to get Ms McManus: I agree with the Minister on the started? new hospital at the Mater but surely she cannot Will she agree to discuss the matter with the say that there will be no additional beds in the Minister for the Environment, Heritage and meantime. It is quite clear that if one goes to the Local Government, the OPW and the Depart- accident and emergency department — I recom- ment of Justice, Equality and Law Reform with mend that one does — one will see the additional a view to providing defibillators to community- capacity that has been provided very quickly ther- based projects? ein. A resuscitation area has been provided in prefabricated units. Surely the Minister is not say- Ms Harney: Last week the Deputy spoke to me ing the hospital will have to wait for a new build- in the corridor about this issue, for which I would ing before it can have additional acute beds. That like to give him credit. It is not something I had is a question of policy. been advised of. I will discuss the matter with the Technically it can be done within a very short relevant authorities to see if we can provide more time if staffing and funding is in place. extensive coverage of what I believe works very well in Wicklow, to which the Deputy referred. Ms Harney: As Professor Miriam Wiley from the ESRI said, faster turnover even by one day Mr. Timmins: Will the clinical indemnity and earlier discharges of those who do not need insurance scheme be extended to cover these to be in an acute bed would provide substantial people? capacity. The issue of bed capacity is being exam- Ms Harney: I am awaiting advice on the matter ined in the context of what I said earlier. We must and I will revert to the Deputy as soon as poss- examine what our resources will allow us to do in ible. I hope the scheme can be extended. that context. Planning on a national perspective through the new HSE will make it easier to have Dr. Twomey: Will all health care professionals a more integrated co-ordinated approach in this such as nurses and doctors be covered under the area. clinical indemnity scheme? Will it include junior doctors and all staff who work in the health Clinical Indemnity Scheme. service? 7. Mr. Timmins asked the Ta´naiste and Mini- ster for Health and Children her plans for legis- Ms Harney: I have been advised that it covers lation, similar to the Good Samaritans Act in the professional staff. It does not use the word “all”. USA, to give legal support to members of the I will check on the matter. public who give assistance to a person who gets ill; and if she will make a statement on the Ms McManus: Has the Ta´naiste written to the matter. [26285/04] hospital consultants giving them the guarantee she gave verbally at their conference that no pati- Ms Harney: The Government has no plans at ent or doctor would be left uncovered against present to introduce legislation to give an indem- legal action? nity to persons who render assistance in emerg- encies. The need for such legislation has not been Ms Harney: I communicated with the consult- demonstrated. To initiate a claim for compen- ants today. sation against a person who rendered assistance in the course of an emergency, a plaintiff would Ms McManus: In writing. 425 Private Notice 28 October 2004. Questions 426

Ms Harney: Yes. There are significant legal taking to speed up the completion of anti-flood issues involved but I am determined to ensure measures on the Tolka river and at Spencer Dock that no patient or doctor will be left uncovered, in Dublin’s north city; and if he will make a state- which would be very unreasonable. There are ment on the matter. serious legal issues involved and, therefore, we must move forward cautiously. Mr. F. McGrath: I wish to ask the Minister for Finance if funding will be made available to Dr. Twomey: Are the consultants’ contracts Dublin City Council to deal with flooding preven- still tied in with the Ta´naiste’s views on the his- tion measures in Clontarf, Fairview and torical liability issue? Drumcondra.

Ms Harney: I look forward to discussing a Mr. Allen: I wish to ask the Minister for Fin- number of issues with the consultants. These are ance the steps being taken to help business per- key to the reform agenda in the health service. sons and householders who have suffered serious My strong view is that we should sit down within losses due to flooding in the Cork area. a timeframe and discuss all the issues together. I have assured them that I will be fair and business- Mr. Gormley: I wish to ask the Minister for like in the manner in which we deal with them. Finance if he is satisfied with the measures taken However, we cannot have an open-ended agenda to avoid flooding following the latest incidents in where no one knows where they stand. That Dublin and along the south and east coast yester- would not be satisfactory. day; and the steps, if any, to compensate those who have been adversely affected. Mr. Gormley: If the consultants took a case against the MDU would the Department of Minister of State at the Department of Finance Health and Children be prepared to indemnify (Mr. Parlon): I propose to take the questions them? together. First, I express my sympathy and that of the Government to everyone affected by the Ms Harney: That is one of the issues I am dis- flooding incidents which occurred yesterday and cussing with the Attorney General. I understand today. It has been a very traumatic time for all the MDU appeared before a Da´il committee last those directly affected. week and I note it did not answer the question as The House will be aware from weather predic- to whether it had taken consultants in the UK off tions in the past day or so that the flooding we cover. There are many issues involved from the have experienced has been due to a combination Irish taxpayers’ point of view which must be of natural events, heavy rainfall in recent weeks resolved fairly. I am in discussions with the leading to wet ground conditions, intense rainfall Attorney General on the matter. I do not expect in the past 24 to 36 hours, low atmospheric press- that patients will not be covered or that consult- ure combined with spring tides and storm force ants will be left exposed. winds. The extent of the flooding around the country is not yet totally clear. I have, to date, Private Notice Questions. received reports of several severely affected areas, including Cork city, Waterford, Arklow, ———— Mallow and Wexford. There are many other areas where localised flooding occurred on a Flood Relief. smaller scale but, of course, that is not less trau- An Leas-Cheann Comhairle: I now want to matic for the people directly affected. deal with Private Notice Questions to the Mini- I commend the hard work undertaken in the ster for Finance regarding recent incidents of past 24 hours by local authority staff, the Garda flooding in various parts of the country. I will call Sı´ocha´na, Civil Defence groups, fire brigades and on the Deputies who tabled questions to the all other staff and volunteers involved. In an Minister in the order in which they submitted emergency situation such as this, the initial their questions to the Ceann Comhairle’s office. responsibility for assisting the public and protect- ing infrastructure falls to these groups operating Ms Lynch: I wish to ask the Minister for Fin- at local level. They have done a very good job. ance to outline the steps the Government pro- As the immediate pressure of emergency poses to take to provide assistance for house- response eases in the next day or so, my staff in holders and traders in Cork who have suffered the Office of Public Works, OPW, will be in con- significant loss and damage to property arising tact with local authorities and the Department of from the serious flooding of the past 24 hours and the Environment, Heritage, and Local Govern- the action he intends to take to address the ment to get a fully detailed picture of the flood ongoing cause of regular flooding in the area. events, locations, and numbers of people and properties affected. When this information is to Mr. Gregory: I wish to ask the Minister for Fin- hand, a judgment can be made on the question of ance the action he is taking in response to the the provision of humanitarian aid. The criteria ongoing threat of flooding in Dublin and other used in assessing eligibility for aid are generally areas on the east and south coast; the steps he is homelessness, damage to homes, serious injury, 427 Private Notice 28 October 2004. Questions 428

[Mr. Parlon.] last 24 hours. I hope I am not tempting fate with or loss of income. The House should be aware this assertion. that the policy in implementing humanitarian aid With regard to flood relief works in other schemes is to provide humanitarian assistance to locations, I confirm that a scheme in Kilkenny relieve hardship arising out of damage to people’s city is nearing completion and a scheme to pro- homes. It has not been the practice to include tect Carrick-on-Suir was completed last year. assistance to businesses in these schemes. Schemes are at various stages of planning and As part of the greater Dublin strategic drainage design in other cities and towns, including Clon- study being undertaken by Dublin City Council, mel, Carlow, Waterford, Enniscorthy, Mallow, the OPW agreed in April 2002 to fund a study on Fermoy, and Ennis. The House will note that flooding of the River Tolka. Following the severe neither Cork city nor Wexford are included in the flooding from the river in Dublin and Meath in current OPW flood relief programme. My November 2002, the OPW was asked by the three officials will be in touch with the relevant local local authorities concerned, Dublin City, Meath authorities in the next few days to assess the posi- County and Fingal County Councils, to assist in tion in both these locations. As tidal influences the implementation of a series of flood alleviation are significant in both cases, the Department of measures. Following discussions with each local Communications, Marine and Natural Resources authority, the OPW agreed to fund and under- will also be consulted. take a range of works which were first recom- The Government is committed to a strategic mended in interim reports completed by the flood management policy. In that context, I councils’ consultants and which were also con- remind the House that the Government last tained in the final report of the River Tolka month approved the recommendations of the flooding study. Dublin City Council, under the flood policy review group. This confirms the lead powers of which the works were to be carried out, role of the OPW in taking a strategic approach to exhibited a schedule of works for the city area in flood management in the future and working in 2003 and again in 2004, as required under part 8 co-operation with the relevant local authorities. of the Planning and Development Regulations The programme of flood relief schemes in hand 2001. will be implemented as resources permit in the context of an integrated, long term strategy on The works undertaken by the OPW cover an flood management. This strategy calls for con- area from Glasnevin Bridge to Luke Kelly Bridge siderable emphasis on non-structural flood man- in Ballybough. The works are almost complete agement measures, for example, flood warning and include the construction of walls and systems, flood mapping, guidelines on develop- embankments, the replacement of Woodville ment and formulation of catchment flood risk Road footbridge, the lowering of Distillery Weir, management plans to foster a catchment-based the widening of the southern bank opposite Tolka approach to flood management. Account will be Park, and general maintenance of the channel taken of the need to prioritise expenditure in the along this stretch. The OPW has expended \ areas of greatest need and to be mindful of the approximately 1.7 million so far on works in the implications of climate change. I am glad to be \ city area and approximately 3.5 million on the able to report to the House that the OPW has whole Tolka catchment. There are further works, already commenced work on the development of which include the replacement of Distillery Road flood warning systems and flood mapping as the Bridge and the widening of some parts of the first steps in this new approach. river around the bridge, which are the subject of I am satisfied that a coherent, sustainable, long- negotiations between the council and property term strategy on flood management is in place, owners and developers as part of a proposed consistent with the recommendations of the flood development in that area. The report contains no policy review group and combining structural and recommendations for downstream of Luke Kelly non-structural measures. Bridge. With the support of the OPW, Dublin City Ms Lynch: The Minister of State’s answer Council, on behalf of the combined Dublin local would have been suitable if it had been given last authorities, has also commissioned a study of week. He speaks of a good flood management flood risk in coastal areas, entitled the Dublin programme which is taking its course and doing coastal zone risk assessment. This study is fine. However, Cork city was under 5 ft. of water expected to be finalised in the next month and last night. I do not begrudge the aid that has been will provide a long-term strategy for addressing given to those people affected by the flooding of the flood risk in the study area. Deputy Gregory the Tolka river. We are used to this type of thing has also raised the issue of anti-flood measures in Cork and those people have our every sym- at Spencer Dock and I understand Dublin City pathy. However, the response to that flood bears Council will be commencing works there in the no relationship to the response to what has been next few weeks. The work which has been carried an ongoing problem in Cork city. out in the greater Dublin area and in County Cork City Council has sought funding for the Meath in the past two years by the OPW, in part- past 20 years to improve the quay wall. There has nership with the local authorities, has been suc- been a sign on one section of this wall for the last cessful. The evidence is there for all to see in the eight years warning motorists not to park too 429 Private Notice 28 October 2004. Questions 430 near it in case it falls in the river, taking any disruption to businesses, environmental impact nearby parked vehicles with it. In spite of this, statements etc., matters that lead to enormous The Minister of State has informed us that the expense. schemes are in place and his Department will be The situation in Cork is clearly extreme. As a in touch with the relevant authorities in Cork city result of the recommendations of the flood in the next few days. The Minister of State has review group, we will be in direct contact with the missed the boat. This is not the first time we have Departments with responsibility for the envir- suffered flooding in Cork city, but the difference onment and the marine with a view to seeing is that there was 5 ft. of flooding last night and what can be done. Flooding is a natural phenom- part of my motion is in respect of compensation enon. No State agency is directed to counter such for householders and traders. One unfortunate phenomena, but we can put schemes in place that family was taken out of its bungalow after it will minimise the damage to individuals. The flooded to a height of 8 ft. OPW response, on behalf of the Government, has It is too late to say to such people that the issue been humanitarian aid and this has been warmly will be considered. The funding has been sought received. In 2002, we spent \13.5 million on for 20 years and we know what needs to be done. humanitarian aid. I assume that when the report There are certain areas of the city that need non- comes through from Cork, we will consider it return valves with regard to the sewers. The quay sympathetically. I, and Mr. Jim Bligh who is here wall must be raised in some areas and there are with me from the OPW, undertake to make con- areas where the wall must be replaced. Other sol- tact with the relevant Departments, although I utions may be proposed, such as a type of Thames am sure they will contact us urgently with regard barrier solution, but this is surely long-term. The to the difficulties in Cork. immediate concern is a short-term solution which, in this instance, constitutes a period of 20 years. Mr. Gregory: Does the Minister of State accept Will the Minister of State make urgent efforts I have been raising this issue with him since he early tomorrow to talk to the people in Cork to was appointed and that the work he promised in find out what needs to happen in the short term Dublin in his first weeks in office has still not and ascertain the funding necessary for a long- been completed? Does he accept that but for the term solution? fact that Dublin did not get the same level of pro- longed heavy rainfall as did Cork and the south Mr. Parlon: I have had direct contact with resi- of the country last night, there would have been dents and traders in Cork. I understood that 4 serious flooding yet again in the Clonliffe and ft. of flooding was the worst sustained, which is East Wall areas of Dublin’s north city because frightening in itself. That there has been 5 ft. of flood relief works have not yet been completed flooding, and 8 ft. in the case of the bungalow the on the Tolka river or at Spencer Dock in the Deputy referred to, indicates the severity of the situation. Flooding is a natural phenomenon and Royal Canal basin, despite the disastrous flooding I have been told by traders in Cork that this was of both locations in recent years? Last night, a the worst flooding in 42 years. The schemes bridge on Distillery Road, to which the Minister designed and operated by the OPW cater for a of State referred in his reply, had to be heavily one in 100 flood. People tend to forget the sever- fortified with sand bags by the city council to ity of previous floods and many people in Cork prevent the Clonliffe area being flooded, not will not remember the situation 42 years ago. from heavy rain but as a result of a high tide and I went through a number of the schemes which strong winds. are in various stages of formulation, planning and I have two specific questions for the Minister design. The scheme for Kilkenny city has just of State, questions I raised previously on a been completed and the scheme for Carrick-on- number of occasions. When will the Distillery Suir was finished last year, for example. Cork Road bridge be replaced as previously promised? City Council has not approached the OPW so I The negotiations with the developer have been assume it has contacted either the Department of ongoing for two years and the Minister of State the Environment, Heritage and Local Govern- has been telling me about them for that time. ment or the Department of Communications, What is the problem? Marine and Natural Resources. The OPW would Second, I am concerned about the Minister of like to undertake all the schemes at the same time State’s reply with regard to Spencer Dock. This but we must prioritise. The Kilkenny scheme is is not the first time I have heard the city council superb but its cost, at more than \40 million, was is to move in “within weeks” to start work. I an issue of considerable debate. There was much understand that this may mean they will move in criticism of the manner of expenditure on this within weeks to start “temporary” work at Spen- scheme when it was considered by the Committee cer Dock. The critical issue at the dock is that the of Public Accounts. I do not mean to be insensi- sea lock needs to be restored and a new canal tive but a flood is a major crisis for people and lock constructed. Neither of these projects is near everybody demands that action be taken. When being started as far as I can establish. Is there a we make the plans next summer, people will not timescale for this work? If that critical work is not be the least concerned. All their concerns then carried out at Spencer Dock, the whole East Wall will relate to archaeology, tourism, environment, area and community will be left under threat 431 Private Notice 28 October 2004. Questions 432

[Mr. Gregory.] Mr. Allen: I put it to the Minister of State that from flooding, particularly at this time of the last night’s events in Cork city have put a ques- year. tion mark over the viability of many businesses in the city and that if measures are not taken to Mr. Parlon: I note the Deputy did not acknowl- alleviate flooding, many businesses will move edge the tremendous work that has been done in from the city to the suburbs. Will he correct the the area. impression he has given that Cork City Council has been negligent in not applying to his Depart- Mr. Gregory: I did not have the time, but I cer- ment for flood relief measures? I raised this ques- tainly acknowledge it. Great work has been done. tion for reply from the Taoiseach or the relevant Minister, but the Minister of State, Deputy Mr. Parlon: In terms of the different responsi- Parlon, happens to be taking the question today. bilities, I understand the responsibility for the The approach to dealing with this issue by the temporary stop-gap with sand bags at Distillery different Departments responsible is disjointed. Road bridge rests with Dublin City Council. It Will the Minister of State send officials immedi- has taken on board—— ately to Cork city to discuss the questions raised by Deputy Lynch, the quay walls that have been Mr. Gregory: Do not pass the buck. I raised the left in a dangerous condition and the non-return issue previously. valves and sewers? Will they discuss the situation regarding a tidal barrier which would demand Mr. Parlon: That is the fact of the matter. huge resources but would provide a solution to Likewise—— the problem? These are engineering problems and I am not Mr. Gregory: The Minister of State should get qualified to discuss them. However, huge invest- on to Dublin City Council and persuade it to get ment is required in the area to deal with what is its act together. not a once-in-40-years event but an event that occurs almost every year in Cork city centre. Mr. Parlon: If the Deputy will allow me finish, What happened last night is not new, but we we have been on to the council. In regard to expect action to eliminate or reduce the threat to Spencer Dock, the city engineer confirmed to us Cork in the future. As a result of the threat from this morning that work on it will begin in the next climate change, the problems will get worse, not couple of weeks. better, unless the relevant Departments intervene. Mr. Gregory: I would like the Minister of State Will the Minister of State eliminate the dis- to clarify what work will start within weeks. Is it jointed approach by different Departments to the the permanent work? issue and clarify the situation? He appears to be putting the onus on Cork City Council by saying Mr. Parlon: I will clarify that for the Deputy it has failed to request funds from Government later. on a number of fronts. If he checks with the Departments he will discover requests have been An Leas-Cheann Comhairle: As time is run- made for assistance over many years. ning out, I will call on the remaining Deputies and then on the Minister of State to make his Mr. Gormley: My colleague, Deputy Boyle, reply. regrets he cannot be here today as he is in Cork helping his beleaguered constituents. Why did the Mr. F. McGrath: I have two brief questions. Minister of State mention only the Tolka river? Will the Minister of State ask the local authority, No mention was made of the Dodder river. My in this case Dublin City Council, whether it will constituents in Ringsend, Sandymount and Irish- commence a study or examination of the Clontarf town are, perhaps, the most vulnerable to flood- area, particularly the Clontarf Road area, as it has ing. Why was it necessary for me to go at 12 a recurring problem of flooding? There was a o’clock last night to see the situation on the major problem there last night. ground? Deputy Gregory is right, if there had With regard to the Tolka river issue, will the been more rain, there would have been serious Minister of State convey my concern to Dublin flooding along the coast. There were sand bags in City Council and urge it to provide enough fin- place in Sandymount. ance to resource the flood prevention measures Why was it that when the protective wall was on Richmond Road, Clontarf Park and Grace- built in Irishtown, along the front of Stella Gard- park Road as these were directly affected pre- ens, it only went as far as Londonbridge Road? viously and have a long history of flooding? I This makes no sense because the water will not urge the Minister of State to make represen- stop there but will flow down into Stella Gardens. tations or some statement on the issue of the We cannot just have symbols, some thought must insurance companies and ask him to persuade be put into the situation. Protective measures for them to reinstate flood and storm cover as many the Dublin coastal zone were mentioned. How residents who live near the Tolka have been com- much will these cost and when will they be pro- plaining about this issue for the past six months. vided? The Minister of State must accept that the 433 Private Notice 28 October 2004. Questions 434 frequency of floods will increase significantly as a Mr. Allen: That will not be much good to Cork result of climate change, higher precipitation and where no review is taking place. the associated problems of climate change such as rising sea levels. These combined problems will Mr. Parlon: Cork City Council did not have serious consequences for my constituents. approach the OPW. Perhaps it approached the What plans has the Minister of State and when Department of Communications, Marine and will they be implemented? Natural Resources.

Ms McManus: Is the Minister of State aware Mr. Allen: Perhaps is not good enough. The that there was serious flooding in Arklow, fact that the Minister of State does not know County Wicklow last night? Once again, the shows the Government’s disjointed approach. south quay area was flooded and homes were affected. Will the Minister meet the new Minister Mr. Parlon: Does Deputy Allen know who the for the Environment, Heritage and Local council applied to? Government, Deputy Roche, who has been very supportive in putting in place the flood protection Mr. Allen: Deputy Parlon is the Minister. He scheme, which cost \3.5 million? Will the Mini- should know. ster of State meet Deputy Roche to progress this proposal to ensure that the people of Arklow are Mr. Parlon: The council did not apply to my protected in the future? Department.

Mr. Parlon: The Clontarf area was included in Mr. Allen: The Minister of State should know the coastal zone study. While that study is not whether the council applied to other Depart- complete, works there will be a priority. I had ments. He would know that, if there is a co- contact with some of Deputy McGrath’s constitu- ordinated approach. It is easy to make those ents this morning who told me about their base- allegations. ments being flooded. I am keeping abreast of the Clontarf situation. Mr. Parlon: I am not making allegations. I am There were two years when insurance compan- stating fact. Cork City Council did not approach ies made substantial pay outs. When I became the OPW with regard to a flood relief scheme. Minister of State with responsibility for the Office of Public Works there was ambiguity regarding Mr. Allen: What about quay walls? the responsibility of different Departments and there was an element of ball passing. I undertook Mr. Parlon: Clearly, the council has been deal- a flood review policy and invited all the stake- ing with the Departments of the Environment, holders to take part, including the Departments Heritage and Local Government and Communi- of the Environment, Heritage and Local Govern- cations, Marine and Natural Resources. Tidal ment, Communications, Marine and Natural influences are a major factor in Cork and that Resources, Agriculture and Food and Finance is still a major element for the Department for and the OPW. Communications, Marine and Natural Resources. Now that the review has recommended that the We received more than 70 submissions, includ- OPW would take the lead role and the Govern- ing one from the Irish Insurance Federation. The ment cleared that in the past month, my Depart- insurance industry bleated about its major pay ment will take the matter on board. out over two years. However, if there was never a threat of a flood no one would take out flood Mr. Allen: The Minister of State did not check insurance. I do not have great sympathy for the with the other Departments. industry. The work that has been done, partic- ularly in the Tolka area, has substantially dimin- Mr. Parlon: I have sufficient responsibility in ished the risk of flooding in those areas. If indi- my own Department. viduals are being victimised I would like to hear about it because that is unfair. We have recently Mr. Allen: My question was not to the Minister seen the very substantial profits made by the of State but to the Government and to the insurance industry and I see no justification for Taoiseach. I did not want a compartmentalised victimisation of individual householders. response. Deputy Allen referred to the disjointed approach of Government. We undertook the Mr. Parlon: I have given an undertaking to take flood policy review to achieve joined up Govern- the matter up with both Departments. I hope that ment. The review has recommended that the is sufficient for Deputy Allen for the moment. OPW should be the lead agency. The report is hot off the presses. I dealt with it on RTE this Mr. Allen: Yes, if the Minister of State comes morning because emergency issues have become back again to let us know what action he will a bigger issue than the long-term view. take. 435 Adjournment 28 October 2004. Debate Matters 436

Mr. Parlon: I hope Deputy Boyle is safe in Adjournment Debate Matters. Cork. I am sure he will appreciate that as soon as An Leas-Cheann Comhairle: The following Deputy Gormley got to his feet he lost no time matters in respect of which notice has been given in moving on to the question of the Dodder and under Standing Order 21 were received by the did not further refer to Cork. Ceann Comhairle, and this is a list of the name of the Member in each case: (1) Deputy Gilmore Mr. Gormley: We must get our priorities right. — the proposed relocation of Bord Iascaigh Mhara from Du´ n Laoghaire to Clonakilty, Mr. Parlon: I answered solely on the question County Cork; (2) Deputies Pat Breen and James of the Tolka because the questions were asked Breen — to ask the Minister why a CAT scanner directly about the Tolka. I admire Deputy has not been installed at Ennis General Hospital Gormley’s opportunism in raising the matter of when the funding has been provided for same; (3) the Dodder. Deputy Eamon Ryan — if the Minister will out- line the maximum level of central Government Mr. F. McGrath: Northsiders come first. funding that could be made available for the rebuilding of a swimming pool (details supplied) Mr. Gormley: It was not opportunism. which closed on 15 July last; (4) Deputy Upton — if the Minister will provide a voucher system Mr. Parlon: A substantial contribution of more to allow public clients of the health service obtain than \800,000 was made by the OPW to Dublin speech therapy, occupational therapy and physio- City Council to construct the wall in Ringsend. therapy services; (6) Deputy Perry — to call on After that, the council had responsibility for the the Minister to clarify the illegal charge of over project, and it has been very effective. 8,000 persons over the age of 70 in respect of charges for long-term care in community-district Mr. Gormley: They stopped it. hospitals, community nursing units and private nursing homes; (7) Deputy Durkan — to raise on Mr. Parlon: Dublin City Council stopped the the Adjournment of the House the reply to Ques- project. Perhaps the money ran out. The overall tion No. 158 of 21 October 2004; (8) Deputy Mul- scheme has been successful. I spent some time cahy — if the Minister will consult the Food there and it looks very well. Safety Authority of Ireland with regard to the I was in touch with some Arklow people this Commission proposal to place on the market a morning and I met a delegation from Arklow in rape seed oil product (details supplied) geneti- the past 15 months. The OPW funded a consulta- cally modified for tolerance to the herbicide gly- tive report with Arklow Town Council. The phosphate; (9) Deputy Lynch — the need for the report has been completed and must now make Government to provide assistance to house- its way towards implementation. It must fit into holders and traders in Cork who have suffered the prioritisation. We have given an undertaking significant loss and damage to property arising to prioritise our spending. Currently, the OPW from serious flooding and to address the ongoing spends approximately \20 million per year on cause of regular flooding in the area; (10) Deputy flood relief measures. The report says the Gogarty — the reason a person (details supplied) Government needs to spend approximately \400 was not told by health board officials that they million in the next 15 years. had a sibling (details supplied) in foster care and the reason an investigation into alleged abuse at Mr. Gormley: What about Sandymount? a residential institution was not proceeded with; (11) Deputy Costello — the need for the Minister Ms McManus: Will the Minister of State meet to provide paid legal representation for a family the Minister for Communications, Marine and (details supplied) at the Morris tribunal; (12) Natural Resources? Deputy Sea´n Ryan — the delay in providing the promised and long overdue new facilities for Mr. Parlon: By coincidence, I will meet the people with an intellectual disability accommo- Minister tomorrow at 2 o’clock in Wicklow town. dated in St. Ita’s Hospital, Portrane, County Dublin; (13) Deputy Allen — to ask the Minister I have no doubt he will raise this matter. the steps being taken to help business people and householders who have suffered serious losses Mr. Allen: The Minister of State should make because of flooding in the Cork area; (14) Deputy a statement on the matter. Twomey — to seek adjournment of the House to discuss what steps will be taken by the Govern- Mr. Gormley: What will the Minister do about ment to give relief to those who have been Sandymount? affected by the severe flooding in the south and south east and are there any plans to step up a Written answers follow Adjournment Debate. scheme similar to the one of approximately two 437 Hospital 28 October 2004. Services 438 years ago which was administered by the Red a phased basis. Even if the \20 million develop- Cross. ment commenced tomorrow morning it would The matters raised by the following Deputies take years to complete. have been selected for discussion: Deputies Pat The best people to ask about the genuine fear Breen and James Breen, Gogarty, Mulcahy and for patients in Ennis are the consultants and I am Costello. disappointed to learn today from an answer to a parliamentary question that the Ta´naiste has refused to meet a group from the hospital. They Adjournment Debate. will tell the real picture, the difficulties and the problems they encounter working with patients ———— every day with limited diagnostic equipment. They want to give better, efficient and safe health Hospital Services. care to the people of County Clare but are being Mr. P. Breen: A Cheann Comhairle, I thank prohibited by the snail’s pace approach to the you for giving Deputy James Breen and me the development control plan investment, the lack of opportunity to raise the important issue of why additional consultants and physicians and the fact the Mid-Western Health Board has not installed that a basic equipment like a CAT scanner, which a CAT scanner in Ennis General Hospital, given in today’s modern technology is the bread and that the money is ring-fenced for the unit. butter for any acute hospital, is not available. There had been much talk of overcrowding in I ask the Minister to see that the health board Dublin accident and emergency units and rural installs this equipment without further delay. hospitals are often forgotten about. Ennis Gen- eral Hospital is one such hospital. We have a con- Mr. J. Breen: I want the Minister to tell the tinuous overcrowding problem with patients been people of Clare when the upgrade of Ennis Gen- kept in day wards all the time. eral Hospital will take place. When the previous Every hospital needs to provide a safe service Minister for Health and Children came to the and the lack of such a service in a county will county four years ago he promised that Ennis eventually lead to someone’s death. We saw what General Hospital would be upgraded. He put a happened in Monaghan earlier this week when an price on the project of £15 million. During the ambulance carrying a man with a suspected heart previous general election campaign members of attack had to pass Monaghan hospital and make the Government parties rushed to the media to its way to Cavan General Hospital 30 miles away spread the good news about the upgrading of where the man died on arrival, despite frantic Ennis General Hospital. Earlier this year, during efforts by ambulance crews to save him. the campaign for the European Parliament and Ennis Regional Hospital has a proven record local elections, local Fianna Fa´il councillors and in patient care, working within the budget of the prospective MEPs again announced the upgrad- Mid Western Health Board, unlike some of the ing of Ennis General Hospital. However, at a bigger hospitals, with a dedicated staff who unfor- meeting in Ennis on 18 October, consultants tunately work in an outdated building and lack informed local Members of the Oireachtas that some very modern diagnostic equipment. the upgrading will not work. A CT scanner is A CAT scanner is not a luxury in medical needed in Ennis but such an item is of no use terms today. It is a necessary piece of equipment without the appointment of two radiologists. An for any acute hospital whether local or general. It additional consultant surgeon is also required. gives an instant accurate 3D X-ray reading on a Two surgeons are working a 1.2 rota, which patient, which is vital. Not only will it save lives, cannot continue. For the safety of patients in it will save money and, unfortunately, this is all Ennis, an extra surgeon is required. We also need about money. two additional consultant physicians, one for geri- A CAT scanner will save lives. Given an atric care and the other for respiratory medicine. instant reading, the consultant can make his To assure the continuity of an acute hospital ser- decision on the welfare of the patient without vice in Ennis, the development plan originally further delay. It will save money because at least presented in 2000 needs to be expedited. The three patients per day have to be transported development plan needs to go ahead in its from Ennis by ambulance to Limerick Regional entirety. We cannot have it introduced in three Hospital for CAT scans and these have to be phases because it will not contribute to patient accompanied by a nurse. It will also free up the care. overcrowding in Limerick hospital and there will The Minister of State should tell us when we no need for appointments or delays. will see bricks and mortar going into Ennis Gen- We cannot afford to wait any longer for this eral Hospital to ensure its upgrade. We want no necessary equipment. We need a consultant radi- more empty promises because we are sick of ology service based in Ennis with a minimum of them. The Minister of State should tell us clearly two postings. We are waiting for the development when this upgrading will occur. It is badly needed plan that is said to be with the building unit of for the care of patients. the Department of Health and Children since the Hospital treatment in Limerick is far superior end of September. We are still waiting. This pro- to that in Ennis General Hospital but that should ject needs to be fast tracked and not just built on not be the case. Ennis should be entitled to the 439 Child Care 28 October 2004. Services 440

[Mr. J. Breen.] ingly or unknowingly, placing obstacles in the same benefits that are available in any other way of one man’s search for the truth. I have met hospital. I congratulate the Minister of State on Mr. Bowler on several occasions. He is a man of his appointment but he should indicate clearly sound mind who only seeks the full facts regard- when this upgrading will happen. ing personal details about him which are held by the State, as well as seeking justice regarding his Minister of State at the Department of Health experiences in Rathdrum. and Children (Mr. S. Power): I thank Deputy Under the Freedom of Information Acts 1997 James Breen and Deputy Pat Breen for raising and 2003, Mr. Bowler applied to the Eastern this matter. It is nice to see colleagues from the Health Board and subsequently to the East Coast same constituency working in harmony. Long Area Health Board for personal information held may it last. by the boards relating to him and his family. He The provision of services at Ennis General later applied to the Department of Health and Hospital is the responsibility of the Mid-Western Children for similar information under the same Health Board. The Department of Health and Act. In all cases he was not provided with the full Children approved the appointment of a project information to which he is entitled under the law. team and the appointment of a design team to Despite a huge personal effort, he has not yet plan for the development of facilities at Ennis received access to anywhere near all the records General Hospital. The proposed priority areas for held by the board. development include the accident and emergency Some information was eventually made avail- department, outpatients department, radiology, able but not enough and certainly not quickly and inpatient ward areas. I understand that the enough. For example, information was provided preparation of an outline development control to Mr. Bowler regarding the existence and where- plan is nearing completion. It will help to define abouts of his sister who he had not seen since she the scope and content of the first phase of was placed in care at the age of six months. This redevelopment for Ennis General Hospital and to information came too late for Mr. Bowler to re- confirm final decisions on the sequence of con- establish a close and trusting relationship with his struction work in due course. The plan will be sister. Its delayed release has been the cause of submitted to the Mid-Western Health Board for much personal trauma. Other information held consideration. by the board has also yet to be released. I suspect I understand that the provision of CT scanner that it is not being released because the State facilities at the hospital is acknowledged in the does not want to admit it was complicit in the outline development control plan. The develop- abuse Mr. Bowler suffered and in the events that ment of facilities at Ennis General Hospital, led to his brother’s untimely death. including CT scanning, will be considered in the I am eager to be proved wrong and I would be usual way during the course of planning and grateful for any information the Minister of State designing of the major project. I understand that can provide that would suggest I am wrong. I do the Mid-Western Health Board has been advised not expect the Minister of State or his colleagues that the capital cost of a CT scanner for Ennis to work miracles, but Mr. Bowler should be given General Hospital will be made available by way full access to all of his files so he can get the full of donation from the mid-western regional truth of what happened during his childhood, hospitals development trust. However, the neces- take action for legal redress, if appropriate, and, sary infrastructure to provide for the installation most importantly, get on with his life, as everyone of a CT scanner must be planned and prioritised wants to do. as part of the overall project at Ennis General I ask the Minister of State to re-open another Hospital. case concerning an investigation that was being carried out by Sergeant George Kyne from Har- Mr. P. Breen: The Minister of State has given court Terrace Garda station. He originally con- us no answer. He has not told us when the scan- tacted Mr. Bowler in November 1995 regarding a ner will come. Garda investigation into abuse in Rathdrum. No subsequent charges in this investigation were pur- Child Care Services. sued by the Director of Public Prosecutions. The Mr. Gogarty: I have raised this matter on the Garda Sı´ocha´na has confirmed and newspapers Adjournment to find out why proper procedures have reported that no specific investigation into were not followed in providing personal details the abuse alleged by Mr. Bowler was ever under- under the Freedom of Information Act to Mr. taken. I am talking about the general abuse and Michael Bowler of Lourdes House, Gloucester also the specific abuse to which Mr. Bowler Place Upper, Dublin. I want to know what action refers. the Government will be taking to address the To put the story of Rathdrum in context, Mr. matter. I am also asking that the case involving Bowler’s brother Jason ran away from that insti- allegations of abuse during his time at Errigal tution and lived on the streets of Dublin rather House, St. Kieran’s, Rathdrum, County Wicklow, than put up with the abuse he suffered. He died during the period 1980 to 1984 be re-opened. at the age of 22 from a heart condition exacer- This is not an issue for the redress board or the bated by his years spent living rough. I am refer- courts. It is an issue concerning the State, know- ring to Mr. Michael Bowler, rather than his 441 Genetically 28 October 2004. Modified Organisms 442 brother Jason but there are numerous clippings inspectorate and centres operated by the non- about how Mr. Jason Bowler — who was named statutory sector are inspected by the registration as Tom in the newspapers — spent his years liv- and inspection units of health boards. In addition ing rough under the care of Fr. Peter McVerry. to the inspection process monitoring officers are The Minister for Health and Children at the time employed by health boards to ensure that stan- was complicit, acknowledging there was a duty of dards are met or progressed on an ongoing basis. care to Jason, yet allowing him to roam freely. Based on the legislation and recognised good That matter will have to be dealt with at a later practices national standards for children’s resi- stage but I am now discussing the question of dential centres have been developed against some form of justice for Mr. Michael Bowler. which inspections are made. Each standard is Will the State admit that it was complicit in let- inspected against a number of criteria. As I men- ting Mr. Bowler suffer in the way he did? After tioned, health boards have a statutory require- all his troubles and the way in which he was ment to prepare and keep under review the care treated by various State organs, the least we owe plan for each child in care. The health board is Mr. Michael Bowler is to re-open the investi- also obliged to satisfy itself that appropriate gation into the abuse at St. Kieran’s in Rathdrum. arrangements are in place to facilitate reasonable The investigation should involve all persons who access and contact between children in care and are alleged to have committed abuse, including their parents, relatives, friends and any other per- the individual named by Mr. Bowler during his son whom the board considers has a bona fide 1995 interview. I respectfully ask that the case be interest in the child. re-opened and closely investigated with the full The national standards for children’s residen- vigour it deserves. Will the Minister of State give tial centres, which were developed in 2001, a commitment that Mr. Bowler will receive some include a standard on planning for children and satisfaction from the State and that justice will be young people. Among the criteria against which seen to be done in his case regarding the infor- this standard is inspected is contact with families. mation he has sought? Will the Minister of State This includes actively seeking to re-establish con- follow up this case or will he, as the State’s figure- tact between a child and his or her family or sig- head on this occasion, let Mr. Bowler down nificant others where contact has been lost. The again? criteria state that staff should be sensitive to the child’s wishes on the matter of contact with fam- Mr. S. Power: I thank the Deputy for raising ily. They also state that the wishes of siblings to this matter on the Adjournment this evening. The be placed together where possible should also be Deputy will appreciate that it would not be respected and if this is not possible arrangements appropriate for me to comment on should be made for them to have high levels of 5 o’clock an individual case. However, I will contact. When a young person does not have con- outline the current legislation and tact with family the reasons should be explained standards, which underpin the child care system. clearly to the young person and documented by The Child Care Act 1991 obliges health boards to the relevant health board or residential centre provide a wide range of services which include staff as part of the care plan. the promotion of the welfare of children, the pro- A children and a young persons version of tection of children at risk, the taking of children national standards for children’s residential into care, the provision of child care and family centres was published and distributed in 2004. support services and the supervision and inspec- National standards for foster care were drawn up tion of care services. in 2003 and a young persons version of these stan- The emphasis of the Child Care Act 1991 is dards has been developed and distributed. on supporting children and families in their own The information provided by the Deputy is communities having regard to the principle that insufficient to enable the health board to identify it is generally in the best interests of the child to with certainty the individuals referred to. While be brought up in his or her own family. However, the Deputy has supplied some additional infor- children are taken into the care of health boards mation this evening, if he wishes to provide or placed voluntarily in care due to a range of further details such as date of birth, name and family circumstances and health boards have a address of residential centre and care history statutory responsibility to provide appropriate including years in care together with details of his services for these children either in foster care or sister I will pass the details to the relevant health residential care. board and ask the chief executive officer to reply Regulations have been made under the Child directly to him. Any further details on the issue Care Act 1991 to provide for the placement of of the Garda Sı´ocha´na investigation of alleged children in foster care or residential care and the abuse should be forwarded to my colleague, the requirements must be complied with by the Minister for Justice, Equality and Law Reform, boards. The regulations cover the operation of Deputy McDowell. residential centres, care planning, supervision, Genetically Modified Organisms. visiting and review of all cases of children placed in care. Provision is also made for the inspection Mr. Mulcahy: I raise this matter to highlight the of residential centres. Health board operated resi- need for the Minister for Agriculture and Food dential centres are inspected by the social services to consult the Food Safety Authority of Ireland 443 Genetically 28 October 2004. Modified Organisms 444

[Mr. Mulcahy.] EPA and the FSAI. All five bodies are rep- about the proposed introduction in Ireland of an resented in some form or other on the various oilseed rape product, Brassica Napus L GT73, groupings addressing GM matters in this country. which is genetically modified, given that the I would like to set the background to the Oireachtas Joint Committee on Health and Chil- approval system for GM products. Prior to the dren, at its meeting on 13 May 2004, unanimously coming into force last April of EU Regulation decided to reject an earlier modified sweet corn, 1829/2003 on GM Food and Feed, which covered, BT11, for placing on the market. inter alia, the approval and authorisation of new There appears to be a difference in approach GM food and feed products, approvals were dealt by the two Departments. In the case of the first with under two separate items of legislation. EU GM food introduced in May, the lead Depart- Regulation 258/97 on Novel Foods, administered ment was the Department of Health and Chil- by the Department of Health and Children and dren. While Ireland voted in favour of BT11, it the FSAI, covered GM foods while EU Directive failed to get sufficient votes at the Council and 2001/18 and it’s forerunner EU Directive ultimately on 19 May the European Commission 90/220/EEC, administered by the Department of under the commitology rules decided to allow the Environment, Heritage and Local Govern- BT11 to be placed on the market. The lead ment and the EPA, covered GM feed. Since the Department for this GM product, Brassica Napus coming into force of the new GM food and feed L GT73, is the Department of Agriculture and directive last April my Department has assumed Food, not the Department of Health and Chil- responsibility for approval of GM feed dren. There seems to be an inconsistency in applications. approach. Application for approval of the GM product Although the European Food Safety Authority referred to by the Deputy was made by Monsanto and, I believe, the Food Safety Authority of in summer 1998 under EU Directive 90/220/EEC, Ireland, if it was consulted, cleared this new GM the forerunner of EU Directive 2001/18. Follow- food, Ireland abstained in the vote on 16 June. ing the entering into force of Directive 2001/18 On the one hand on an earlier occasion when the and the recommencement by the European Com- Food Safety Authority of Ireland cleared the mission of the process of examining such notifi- food, Ireland voted in favour, the second time the cations, the application was considered under the authority cleared the food, Ireland abstained. I strengthened framework afforded by Directive have raised this matter at the Sub-Committee on 2001/18. The product is a genetically modified European Scrutiny and at the Oireachtas Joint oilseed rape, referred to as GT73, with the modi- Committee for Health and Children, which fication allowing the crop to be tolerant to unanimously rejected the introduction of a GM glyphosate herbicide thereby facilitating food in Ireland. We need an interdepartmental improved weed control during cultivation. This approach by the Departments of Agriculture and GM crop is cultivated extensively in the USA. Food, the Environment, Heritage and Local Monsanto, which already received approval in Government, and Health and Children to analyse November 1997 under the novel foods directive all these GM foods to determine whether Ireland to market refined oil from this GM crop as a food wants them. use, is now seeking approval to market the prod- Allowing GM foods into this country will uct for animal feed. The issue of cultivation of the seriously erode Ireland’s reputation as a producer crop within the EU does not come into question. of prime natural food. We have nothing to gain The EU assessment process for any GM and everything to lose by allowing GM food into approval application is the most comprehensive the country. We need a consistent approach. Why in the world and is extremely stringent. This did Ireland abstain at the meeting of the regulat- product has been subjected to its full rigours. The ory committee on 16 June? Does the Govern- application was initially submitted to the Dutch ment have a consistent policy on these GM competent authority, which raised no objection to foods? Will it establish an interdepartmental the placing of the product on the market. The committee to monitor all these foods? I know the Irish competent authority, the EPA, following Minister of State has good contacts in this regard. consultation with my Department, the Depart- As he is aware, the public are considerably con- ment of Health and Children, Teagasc and the cerned about generically modified food and this GMO and novel foods sub-committee under the requires concerted Government action. Food Safety Authority of Ireland’s scientific com- mittee, indicated that it had no objection to the Minister of State at the Department of Agri- Dutch view. Neither did the competent auth- culture and Food (Mr. Browne): I thank the orities of Sweden and Finland. Deputy for raising this matter. I assure him that However, concerns were raised by some other very effective and efficient lines of communi- member states which referred mainly to such cations operate between officials of my Depart- issues as the need to ensure a more robust post- ment and those of the Departments most actively release monitoring plan and to identify and deal involved in the whole GMO crops, food and feed with unintended spillage and dispersal of seed issues, the Department of the Environment, Heri- during transportation. In the light of these objec- tage and Local Government and the Department tions, the Commission requested the opinion of of Health and Children, and by extension the the European Food Safety Authority, EFSA, and 445 Tribunals 28 October 2004. of Inquiry 446 its opinion was that the oilseed rape in question Government. The Minister, in his inimitable was as safe for humans and animals as its conven- fashion, has managed to do the unthinkable. He tional counterparts. has put together a legal team to represent him at In accordance with the procedures laid down the tribunal and has to date paid each of the two in Directive 2001/18/EC, the Commission sent a senior counsel \150,000 not to be present and not proposal for approval of the application to the to attend the tribunal. Why has it not been poss- regulatory committee for the purposes of that ible for the Minister to put together one single directive for consideration. The regulatory com- legal team representing the interests of all those mittee is representative of all member states and people wearing the jersey of the Department of the Department of Environment, Heritage and Justice, Equality and Law Reform? What is the Local Government attends on Ireland’s behalf. purpose of burdening the taxpayer with separate On 16 June, that committee failed to reach a legal teams each doing basically the same job? qualified majority decision and the matter has The Minister has spoken about reducing the exor- now been referred to the environment council for bitant legal fees at tribunals. He can now set the a decision. Ireland abstained in the vote at the good example himself by dispensing with his own regulatory committee to enable further consider- legal team and by combining the other three ation of proposals that were made by that com- into one. mittee to strengthen procedures for the monitor- This is also the opportunity for the Minister to ing of accidental spillage and dispersal of seed. review his refusal of paid legal representation for The strengthened procedures proposed by the the McBrearty family. There is an anomaly at the regulatory committee have not, however, been Morris tribunal at present. There are five full carried through in the proposal that the Com- heavyweight legal teams, including the tribunal’s mission intends to bring before the Council. This own team, holding a watching brief, making sub- is something that the Minster for the Envir- missions, questioning and cross-examining on a onment, Heritage and Local Government will be daily basis. On the other side, Frank McBrearty aware of in determining our national position at jnr. and Mark McConnell have to spend five days Council on the product. a week representing their families without the The Deputy is probably aware that the Bt11 benefit of legal advice or legal representation. sweetcorn to which he refers, and which was This is because they and their families are at the appropriately administered by the Department of heart of the tribunal’s deliberations and the Mini- Health and the FSAI because it is a food item, ster has refused them paid legal representation. was approved for marketing within the EU last They cannot afford to pay for legal represen- July. tation themselves. The best the Minister could offer was to give Tribunals of Inquiry. the chairman of the tribunal and the chairman of Mr. Costello: I welcome the Minister of State. the Bar Council the imprimatur to trawl through This question is a matter for the Minister for the Bar Council’s barristers seeking volunteers to Justice, Equality and Law Reform and I wish he represent the McBreartys without informing the was here to answer it. It concerns a long-running McBrearty family or their long-suffering, unpaid sore in the legal process that should be addressed, legal advisers of seven years’ standing. namely, the need for the Minister to provide paid The McBrearty family cannot get justice in the legal representation to the McBrearty family Morris tribunal without legal representation. before the Morris tribunal. They now face the unhappy choice of staying in Mr. Justice Morris published an excellent the tribunal without effective means to partici- interim report on the findings of the first module pate in it or leaving it in despair and under pro- examined by his tribunal into the behaviour of test. The Minister for Justice, Equality and Law Donegal gardaı´ earlier this year. The tribunal has Reform should now know that there was some- now moved on to dealing with a new module at thing rotten in Donegal in the 1990s and that the the heart of which are the McBrearty and McBreartys were victims of the wrongdoing. The McConnell families. A bizarre situation now State owes them paid legal representation to vin- exists in terms of legal representation. The Garda dicate their good names properly. I call on the Commissioner is represented by two senior coun- Minister for Justice, Equality and Law Reform to sel, two junior counsel and two solicitors. The provide that paid legal representation tonight. Garda Representative Association has separate and similar legal representation, as have the Mr. Browne: I apologise on behalf of the Mini- Association of Garda Sergeants and Inspectors ster for Justice, Equality and Law Reform and and the Minister for Justice, Equality and Law thank Deputy Costello for raising this issue. The Reform. position with regard to the family in question has Incredibly, there are four separate high-pow- been raised previously in this House. I accept that ered teams representing the Minister and the Deputy Costello has raised questions about the Garda. Already, \2 million has been paid to these Minister’s legal team and the combining of those legal worthies from the Garda overtime fund at a teams and I will ask the Minister to respond time when the Minister is cutting back on Garda directly to him on that matter. overtime and has not delivered on the 2,000 The facts of this matter, however, are quite gardaı´ promised two and a half years ago by this clear. The family concerned applied for, and were 447 The 28 October 2004. Adjournment 448

[Mr. Browne.] sons deliberately lied or otherwise hindered him granted, a right to legal representation at the out- in his efforts to get to the truth. It is crucial that set of the tribunal’s business in the summer of this power is available to tribunals and we should 2002. They chose to exercise that right and were be very slow to consider any changes which would fully represented by counsel during the opening blunt the effectiveness of tribunals in uncovering of the Barron investigation module for six weeks the truth, as could be the case if the State were in Donegal during the summer of 2003. Work on effectively to guarantee in advance the payment that module resumed for a week in September of legal costs for parties before tribunals. I 2003 and was discontinued until May of this year appreciate we are discussing one family but there while the tribunal completed and reported on the must be a clear and consistent principle behind explosives module. The tribunal resumed hear- the policy on the payment of costs which is ings on the Barron module in June 2004 but the applicable generally, not just in relation to any family have chosen not to be represented by individual. I know, for example, that the Minister counsel. for Justice, Equality and Law Reform has consist- Since September, during the course of the ently maintained the present position in the face hearings members of the family have attended of High Court challenges from a number of par- the hearings and have been permitted to conduct ties to the Morris tribunal. cross-examination of the various witnesses as I fully acknowledge that the establishment of they have seen fit and have been quite vigorous the tribunal was to a significant degree brought in their questioning. At various times since Sep- about by the continued campaigning of this fam- tember they complained to the chairman of their ily and representatives on its behalf. Its fight for inability to get legal representation for financial justice is to be commended. The forum now exists reasons. for it to achieve this. The chairman and his legal The chairman, Mr. Justice Frederick Morris, team are pursuing the truth with vigour and they recently made efforts to resolve the issue. I will not leave any stone unturned in the search understand from a statement made by the chair- for the whole truth about the unfortunate events man at the tribunal that some progress was made in Donegal. The Government will act promptly by him in trying to secure the services of counsel on its findings, and this has already been dem- who would act on behalf of the family without onstrated. remuneration. This was not acceptable to the Coming back specifically to the question of family and the chairman decided not to continue legal representation for the family, I hope it is with his efforts in this regard. reassuring to the family and its legal representa- The matter of costs has always been clear. tives of choice to note that Mr. Justice Morris has Under the terms of the Tribunals of Inquiry acted promptly and has addressed the issue of (Evidence) Acts 1921 to 2002, the question of costs arising out of the first module, on which he reported during the summer. By any standards, costs is solely a matter for the tribunal. This is this is remarkably quick. It is clear that the chair- not only the legal position, it also has important man is cognisant of the difficulties of the various practical implications for tribunals in their search parties with regard to their legal costs and is act- for the truth. The Acts allow a tribunal which, ing to ameliorate the situation as best he can. I having regard to its findings and all other relevant understand the tribunal is making significant pro- matters, is of opinion that there are sufficient gress on the current module and on this basis I reasons rendering it equitable to do so to order encourage this family and its legal representatives the whole or part of the costs of representation to participate fully and co-operate with the tri- of a person appearing before it to be paid. A tri- bunal to the greatest possible extent. I have no bunal, when determining whether costs should be doubt that Mr. Justice Morris will endeavour to paid, may take into account failure to co-operate bring matters to a conclusion in the shortest poss- with, provide assistance to or knowingly giving ible time. false or misleading information to the tribunal. It is worth noting from the chairman’s judge- Message from Seanad. ment on the costs associated with the first module An Leas-Cheann Comhairle: Seanad E´ ireann that he regards co-operation with the tribunal and has passed the Dumping at Sea (Amendment) truthfulness in giving evidence as matters of para- Bill 2000 without amendment. mount importance. In deciding on costs, he made deductions in some cases and rejected other The Da´il adjourned at 5.20 p.m. until 2.30 p.m. applications where he was of the opinion that per- on Tuesday, 2 November 2004. 449 Questions— 28 October 2004. Written Answers 450

Written Answers. This will require funding and reform together at every level, be it primary, secondary or tertiary care. We will have clear priorities for funding ———— because resources will always be limited. We have The following are questions tabled by Members clear priorities for reform also because we seek for written response and the ministerial replies visible improvements in patients’ experience of received from the Departments [unrevised]. health care at each level. The Government’s funding and reform priori- Questions Nos. 1 to 7 answered orally. ties recognise the central role that primary care has in delivering a quality health service. For Hospital Accommodation. most people, their interaction with their GP and others in the GP surgery is their most frequent 8. Mr. Costello asked the Ta´naiste and Minister point of contact with the health services. The for Health and Children if her attention has been effectiveness and quality of primary care affects drawn to recent figures provided by the Eastern all the other aspects of health services and the Regional Health Authority showing that the well-being of people. As many have recognised, average number of hospital beds available in the our primary health care services represent good Mater Hospital declined from 530 in 2001 to 455 value for money and a quality service for people, in the first quarter of 2004, a drop of 15%, and irrespective of whether they are medical card hol- that in the same period the average number of ders or otherwise. beds closed increased from just six in 2002 to 42 in 2003 and 37 in the first quarter of 2004; the Government policy is to develop further the steps that are being taken to address this situa- range and quality of primary health care services tion, especially in view of the ongoing problems throughout the country. The Government has in the Mater accident and emergency department supported the development of GP co-operatives in which patients are backed up on trolleys to provide, among other things, the benefits of awaiting beds; and if she will make a statement reliable out-of-hours services to the public. These on the matter. [26334/04] have been successful in many parts of the coun- try. Where they are not yet developed, I intend Ta´naiste and Minister for Health and Children to use all available measures to bring about a sit- (Ms Harney): Services at the Mater Hospital are uation where the public is adequately served by provided under an arrangement with the Eastern out-of-hours GP services. This is important in its Regional Health Authority. own right but also as a measure to relieve press- My attention has been drawn to the figure of ure on accident and emergency departments of 530 beds in 2001 which was provided recently. hospitals. This comprised a complement of 482 in-patient The Government published a far-seeing pri- beds and 48 day beds. This breakdown was not mary health care strategy a number of years ago made clear at the time. My Department is assured setting out a broad vision for team-based primary by the authority that the bed complement in the health care covering many disciplines in each GP Mater Hospital has not been reduced since 2001. centre. We are at the early stages of moving The current bed complement at the Mater towards that vision of primary health care. There Hospital is 556 beds, comprising 503 in-patient is great interest among many GPs in developing beds and 53 day beds. However, as the Deputy this form of primary practice. I welcome the ideas will be aware, it is a feature of all acute hospital and innovations in how we can achieve the ser- systems that some beds are out of use from time vices we seek for members of the public, both to time. medical card holders and fee-paying patients. I am assured that there are no beds closed for financial reasons. The closures here arose for In regard to secondary care, the Government’s infection control reasons and because of difficult- strategy is to develop hospital services in every ies in recruiting staff. region that will both meet the more complex medical needs of patients both for elective and National Health Strategy. emergency treatment. We aim to develop acute hospital services on a regional basis that will com- 9. Mr. Durkan asked the Ta´naiste and Minister mand public confidence within each region, both for Health and Children her plans to develop the in relation to elective and emergency services. primary and secondary care aspect of the health The Hanly report on acute hospital services con- services with a view to meeting the growing tained many proposals that will undoubtedly needs; and if she will make a statement on the improve hospital services in each region of the matter. [26345/04] country and will increase public confidence. For Ta´naiste and Minister for Health and Children example, the recruitment of more consultants to (Ms Harney): The Government and I are commit- work in teams at accident and emergency 24 ted to developing all levels of our health services hours a day, seven days a week, will improve the in a way that meet the needs of people through- services available to the whole population of out the country. Our strategy is to put in place each region. health services that are accessible and available The key to our decisions in delivering more ser- to people based on their medical needs. vices and opening more beds is to make invest- 451 Questions— 28 October 2004. Written Answers 452

[Ms Harney.] health care settings, early identification of an out- ment match need in a way that is both effective break and a rapid response is the key to its and efficient. control. Different services can be provided in different The NDSC was requested by the former Mini- hospitals. Not every procedure needs to be car- ster for Health and Children to draw up a set of ried out in the most sophisticated and expensive national guidelines on the management of out- acute hospital setting. Some highly specialised breaks of norovirus. These guidelines were services can best be provided on a national basis; developed by a multi-disciplinary working group, most on a regional basis. the sub-committee of the NDSC Scientific Advis- To ensure the highest standards of clinical ory Committee, representing all professional excellence and outcomes for patients, and to groups which deal with such outbreaks, and were achieve best value for money, we intend to invest published in December 2003. These guidelines in a differentiated way in hospital services, match- provide a framework to address the challenge of ing services with the needs of the population in outbreaks of gastro-enteritis in hospitals and each region and nationally. We will also encour- other settings caused by noroviruses. age private providers to innovate and to make The guidelines are intended for use and adap- available services to the public, which may also tation in all health care settings. Local arrange- be capable of being purchased by the State for ments can be put in place to match local needs, public patients. This is an established practice but the above principles should guide decision which we can make increased use of in ensuring making in all circumstances. I have already dealt that quality health care services are available to with issues relating to MRSA in my response to the whole population. the Priority Question No. 5.

Infectious Diseases. Community Care. 10. Mr. P. Breen asked the Ta´naiste and Mini- 11. Mr. Stagg asked the Ta´naiste and Minister ster for Health and Children her views on the for Health and Children the reason none of the persistent high rate of outbreaks of the winter 850 community nursing units promised by her vomiting bug in hospitals here. [26196/04] predecessor in July 2002 is yet available; when it is expected that these beds will be available; the 15. Mr. P. Breen asked the Ta´naiste and Mini- steps being taken to expedite delivery of the ster for Health and Children her views on con- units; and if she will make a statement on the cerns regarding good hygiene practices in acute matter. [26319/04] hospitals; and the agency which will be respon- sible for monitoring hygiene standards in acute Ta´naiste and Minister for Health and Children hospitals when the health boards are abol- (Ms Harney): The provision of step-down ser- ished. [26195/04] vices for people ready to be discharged from hospital is a key element in ensuring health ser- 45. Mr. Deasy asked the Ta´naiste and Minister vices are matched exactly to patient needs. It is a for Health and Children the steps being taken by priority to increase the availability of community her Department to control the high level of infec- nursing and other units that would meet the tious diseases (details supplied) in acute and non- needs of people who need care that could not be acute hospitals. [26194/04] adequately provided at home. 60. Mr. G. Mitchell asked the Ta´naiste and Work has been under way in the Department Minister for Health and Children if overcrowding of Health and Children on a proposal for a public and lack of staff is contributing to the difficulty of private partnership investment scheme for 850 controlling infectious diseases in hospitals here, community nursing units. There have also been especially the winter vomiting bug and MRSA. discussions between my Department and the [26197/04] Department of Finance in the development of this PPP scheme, as is normal and entirely appro- Ta´naiste and Minister for Health and Children priate with PPP projects. (Ms Harney): I propose to take Questions Nos. These are complex schemes and it is important 10, 15, 45 and 60 together. to have a clear view of the benefits that will Norovirus, more commonly referred to as the accrue given the complexity of the PPP con- winter vomiting bug, is very resilient, highly infec- tracting structure. The work that has been done tious and can remain infectious for long periods. so far has helped to clarify a number of issues. I There has been an upsurge of activity of this virus intend to examine this project in detail very soon. throughout Europe and north America since The objective set by my predecessor stands, 2002. It is important to understand that, since it that is, putting in place a large number of nursing is a community infection, outbreaks in hospitals units that will greatly help people make the tran- are simply a gauge or reflection of what is hap- sition from an acute hospital setting to care pening in the community. matched to their needs. The National Disease Surveillance Centre, NDSC, has reported that there were 76 outbreaks Health Insurance. of norovirus in 2003 and 64 outbreaks to date in 2004. Outbreaks cannot be eradicated, but they 12. Mr. Coveney asked the Ta´naiste and Mini- can be controlled. Within hospitals and other ster for Health and Children her views on risk 453 Questions— 28 October 2004. Written Answers 454 equalisation and whether it is necessary in the treated through the psychiatric services of their private health insurance industry here. local health board. Outpatient psychiatric ser- [26199/04] vices are provided from a network of hospitals, health centres, day hospitals and day centres. 16. Ms O. Mitchell asked the Ta´naiste and Where in-patient treatment is deemed necessary, Minister for Health and Children if the Health it is provided in the local acute psychiatric unit or Insurance Authority has made its final recom- hospital, beds being allocated on the basis of pati- mendations on risk equalisation; and her views on ent need at any particular time. this issue. [26198/04] A tertiary referral service for eating disorders Ta´naiste and Minister for Health and Children is available to public patients in St. Vincent’s (Ms Harney): I propose to take Questions Nos. Hospital, Elm Park, Dublin where three in-pati- 12 and 16 together. ent beds are designated for this purpose. A simi- By way of introduction to this reply, I would lar service is available privately at St. Patrick’s point out that provision for risk equalisation is Hospital, James’s St, Dublin and at St. John of a necessary support to maintain the established God Hospital, Stillorgan, County Dublin. common good principles of community rating, The voluntary organisation, Bodywhys, pro- open enrolment and lifetime cover in our volun- vides advice and support to sufferers of eating tary health insurance market, and has been the disorders, their families and carers. My Depart- policy of successive Governments. The need for ment has provided funding of \394,000 to Body- recourse to risk equalisation in a community whys since 2001 to further develop its activities in rated market is recognised in the EU’s third non- this area. life insurance directive. An expert group on mental health policy is cur- Under the Health Insurance Acts and the pro- rently preparing a national policy framework for visions of the risk equalisation scheme 2003, the the further modernisation of the mental health Health Insurance Authority has a central and services. The provision of services to people with independent role to play in relation to whether eating disorders is among the issues being con- or not risk equalisation transfers between sidered by the group. It is expected to report in insurers are warranted. Participating insurers sub- 2005. mit data returns to the authority on a six monthly basis, and the authority analyses these returns to Health Insurance. assess the level of risk differential between the 14. Mr. Broughan asked the Ta´naiste and Mini- insurers. The risk equalisation scheme provides ster for Health and Children if her attention has that: risk equalisation transfers cannot be com- been drawn to the fact that VHI premiums have menced where the difference in the risk profiles increased by almost 100% since 1997; if her atten- of the insurers is less than 2% of the market tion has further been drawn to the difficulties equalisation percentage; risk equalisation created for VHI members by the huge rate of transfers can only be commenced with a positive increase in rates; and if she will make a statement recommendation from the authority where the on the matter. [26342/04] percentage is between 2% and 10%; and the Minister is obliged to consult with the authority Ta´naiste and Minister for Health and Children on a decision to commence risk equalisation (Ms Harney): I am aware that VHI premiums where the percentage is greater that 10%. The have increased by nearly 100% since 1997, if one authority’s first report, submitted at the end of includes both the increases that took effect from April 2004, did not recommend the commence- 1 September 1997 and 1 September 2004. While ment of transfers, the then market equalisation the increase is substantial, it must be looked at in percentage being 3.7%. the context of the obligation on VHI to meet The authority’s second report in respect of the claims in the period covered by any increases. period January to June 2004 was submitted to my Claims incurred increased by almost 90% from office last night and is being considered. The year ending February 1997 to year ending Febru- scheme provides that the authority may, if it ary 2004, and are projected to increase signifi- thinks fit, release such reports to insurers, subject cantly in future years. to the release not being effected earlier that 14 Under VHI legislation, the VHI Board is days from the date on which the said report was responsible for setting premium rates. The legis- received by me. lation obliges the board to fix premiums to pro- vide sufficient revenue to meet claims costs and Eating Disorders. to make such provision for reserves as it sees fit. It is a matter for the VHI Board, in discharging 13. Mr. Allen asked the Ta´naiste and Minister its responsibilities as regards setting premium lev- for Health and Children the support services els, to take account of all the key considerations, available for persons suffering from eating dis- including the matter of affordability for its orders; and if she will make a statement on the members. The increase in premiums must be con- matter. [26205/04] sidered in this context. Minister of State at the Department of Health and Children (Mr. T. O’Malley): Persons Question No. 15 answered with Question presenting with eating disorders are generally No. 10. 455 Questions— 28 October 2004. Written Answers 456

Question No. 16 answered with Question Ta´naiste and Minister for Health and Children No. 12. (Ms Harney): I propose to take Questions Nos. 18, 28 and 46 together. Hospital Services. The MMR vaccine protects against measles, mumps and rubella and, in accordance with the 17. Mr. Gilmore asked the Ta´naiste and Mini- recommendations of the Immunisation Advisory ster for Health and Children the investigation Committee of the Royal College of Physicians of that has been held into the circumstances in Ireland, can be administered to children between which a person (details supplied) had to be sent 12 and 15 months of age. A vaccine uptake rate to a hospital in Northern Ireland, due to a of 95% is required to protect children from the shortage of intensive care beds in the north east diseases concerned and to stop the spread of the and in Dublin; the number of occasions in each diseases in the community. Measles, in particular, of the past five years in which patients had to be is a highly infectious and serious disease; approxi- sent to Northern Ireland due to the unavailability mately one in 15 children who contract measles of intensive care beds; and if she will make a suffer serious complications. statement on the matter. [26336/04] In Ireland, uptake of the first dose of the 96. Ms Enright asked the Ta´naiste and Minister measles, mumps and rubella vaccine, MMR1, is for Health and Children if she will make a state- calculated on a quarterly basis among children of ment regarding the surgical services in the north 24 months of age. In quarter 2, 2004, the national east, especially the Cavan-Monaghan group; the uptake rate for this vaccine was 81%. This rep- operations being carried out; and the reason resents an increase of 1% in the national uptake emergency surgery was not carried out recently rate when compared with the previous quarter on a very sick person. [26225/04] and an increase of 4% in comparison with the same quarter in 2003. In addition, uptake rates Ta´naiste and Minister for Health and Children reported by individual health boards ranged from (Ms Harney): I propose to take Questions Nos. 76% to 91% — Table 1 refers. 17 and 96 together. Responsibility for the provision of services at Table 1: MMR1 Uptake rates by health board in Quarter 2 the Cavan-Monaghan Hospital Group rests with 2004* the North Eastern Health Board. Accordingly, my Department has requested the chief executive Uptake at 24 months — Q2 2004 officer of the board to investigate the various issues raised by the Deputies and to reply to them % directly in the matter. ERHA 76 With regard to the specific case referred to by MHB 91 the Deputies, my Department is advised by the MWHB 84 board that the patient in question was admitted NEHB 84 to Monaghan General Hospital. However, her condition deteriorated and a clinical decision was NWHB 87 made to transfer her to another hospital. Several SEHB 86 hospitals were contacted, including hospitals in SHB 82 the Dublin region, but due to pressure on inten- WHB 76 sive care beds they were not in a position to admit the patient. The patient was subsequently admit- IRELAND 81 ted to the Erne Hospital, Enniskillen. *The most recent period for which uptake figures are avail- able from the NDSC Vaccination Programme. 18. Mr. Rabbitte asked the Ta´naiste and Mini- The national uptake rate of MMR1 has increased ster for Health and Children the level of the take- from 69% in Q4 2001 to 81% in Q2 2004. This up of the MMR vaccine in each health board area trend has been reflected in each of the health for the latest period for which figures are avail- boards, with all health boards having reported an able; the steps being taken to promote fuller take- increase in the uptake rate for MMR1 over that up, especially in view of reports of a significant period. Although MMR1 uptake rates have been increase in the number of cases of measles in improving over the past year and a half, they are some areas of the country; and if she will make a still 14% lower than the national target rate of statement on the matter. [26313/04] 95%. I am concerned about the unsatisfactory MMR 28. Ms Enright asked the Ta´naiste and Minister immunisation uptake rates because of the risk of for Health and Children her views on the unimmunised children contracting the potentially increased incidence of measles being reported in serious diseases concerned. The outbreak of the eastern region. [26218/04] measles in 2000, which resulted in approximately 46. Mr. Connaughton asked the Ta´naiste and 2,000 cases and three deaths, is evidence of the Minister for Health and Children the steps her consequences of insufficient immunisation Department is taking to reduce the incidence of uptake. However, I am encouraged by the fact measles, in view of the fact that over 70% of that the immunisation uptake rates are steadily measles cases identified have involved unvacci- improving. Meanwhile, data provided by the nated patients. [26220/04] NDSC indicate that from week one to week 40, 457 Questions— 28 October 2004. Written Answers 458 inclusive, of 2004, that is, up to 9 October 2004, mation sessions for professionals, for example, 296 cases of measles were notified, which com- doctors and nurses in the area; information ses- pares with 541 cases notified for the comparative sions for parents; distribution of information to period in 2003; this represents a significant the public, for example, leaflets on MMR avail- reduction in the number of measles cases able in public areas; advertisements taken out in reported to date this year. local papers; advertisements on local radio A National Immunisation Steering Committee stations; advice regarding immunisation, includ- was established to address a wide range of issues ing MMR, forms part of every public health nurse relating to the childhood and other immunisation consultation with parents; information leaflets programmes including the identification of issues displayed prominently in all health centres; infor- that are hampering the achievement of uptake mation given to schools regarding the booster targets. The report of the steering committee was MMR; follow up of parents by letter and tele- launched in April 2002 and a National Implemen- phone where children have not been vaccinated; tation Group was subsequently established to follow up with GPs and nurses regarding children draw up a phased national implementation plan in their area who have not been vaccinated; and based on the report’s recommendations. information sessions for staff. Following consideration of proposals in Furthermore, my Department has convened a relation to childhood immunisation, which were measles eradication committee to develop a submitted by the National Implementation national five year action plan for the elimination Group through the Health Boards Executive, of measles and rubella in line with the WHO stra- HeBE, on behalf of the health boards, \2.116 tegic plan for 2010. This committee had its first million was allocated by my Department in 2003 meeting on 30 September 2004 and is due to to fund initiatives to improve childhood immunis- report to me by the end of June 2005. ation uptake. A further \2.778 million has been I again urge all parents to have their children allocated for that purpose this year. Funding in immunised against the diseases covered by the the region of \800,000 has been allocated to childhood immunisation programme in order to health boards, via the HeBE, specifically for ensure that both their children and the popu- regional and localised projects which will focus lation generally have maximum protection on measures to improve immunisation uptake. against the diseases concerned. There is concern among some parents in Medical Cards. relation to the measles, mumps and rubella, MMR, vaccine. Negative coverage on this issue 19. Mr. M. Higgins asked the Ta´naiste and has added to the confusion of parents in deciding Minister for Health and Children if her attention whether or not to vaccinate their children. In has been drawn to new figures showing that there April 2002, the MMR Vaccine Discussion Pack, are now 101,279 fewer persons holding medical an information guide for health professionals and cards than in 1997; if her attention has further parents, was launched. The pack was produced by been drawn to the severe difficulties placed on the NDSC and the Department of Public Health, persons and families on low incomes who do not Southern Health Board, and was published by the qualify for medical cards in meeting doctors’ and HeBE on behalf of the health boards. The pack medical bills; when the Government intends to sets out the facts in relation to the most common honour its commitment to reduce eligibility limits concerns about MMR in a way that will help tin order to provide medical card cover for health professionals and parents to explore these another 200,000 persons; and if she will make a concerns together, review the evidence in relation statement on the matter. [26338/04] to MMR and provide the basis for making an Ta´naiste and Minister for Health and Children informed decision. The information is presented (Ms Harney): Generally, the reduction in recent in such a way as to allow full discussion between years in the number of medical cards may be health professionals and parents on each issue. attributed to the increase in the number of people The pack also contains an information leaflet for in employment and also the improved economic parents. The pack is set out in Q&A format and situation nationally. Another factor which affects addresses such issues as the alleged link between this area is the review by health boards of medical MMR and autism and Crohn’s disease, the safety card databases. Since 2003 this has led to over and side effects of the vaccine, the purpose of a 100,000 inappropriate database entries being second dose of vaccine, combined vaccine versus removed from these databases. Reasons for single doses and contraindications to the vaccine. deletions included duplicate entries, change of The pack enables health professionals to respond address, cases where the medical card holder is to the very real concerns of parents. deceased, ineligibility due to changed circum- In 2003, CEOs in all health boards and the stances and normal reviews. ERHA were asked to ensure that specific immu- The determination of eligibility of applications nisation measures were prioritised in all regions for medical card is a matter by legislation for the in order to prevent a serious measles outbreak. chief executive officer of the relevant health Health boards have undertaken a range of board. In determining eligibility, the local health measures in their regions in order to improve vac- board will have regard to financial circumstances cine uptake in their region. These include: infor- and medical needs of the applicant. A medical 459 Questions— 28 October 2004. Written Answers 460

[Ms Harney.] for Health and Children her views on the fact that card will be issued to a person, for whom, in the the neurosurgery unit at Cork University opinion of the chief executive officer, the pro- Hospital does not have the required number of vision of medical services for him-herself and-or consultants for training recognition and may be their dependants would cause undue financial forced to reduce services or go off call; and if she hardship. will make a statement on the matter. [26189/04] Non-medical card holders, and people with 47. Mr. R. Bruton asked the Ta´naiste and Mini- conditions not covered under the long term ill- ster for Health and Children the steps being ness scheme, can use the drugs payment scheme. taken to reduce the waiting list for neurosurgery; Under this scheme, no individual or family unit the number waiting on this list; and if she will pays more than \78 per calendar month towards make a statement on the matter. [26204/04] the cost of approved prescribed medicines. The Government is fully committed to the 74. Mr. Murphy asked the Ta´naiste and Mini- extension of medical card coverage as set out in ster for Health and Children her views on recent the programme for Government. This will focus comments that neurosurgery services in Dublin on people on low incomes. The timing of the have not seen an increase in staffing of consult- introduction of the extension will be decided hav- ants in a quarter of a century; and if she will make ing regard to the prevailing budgetary position. a statement on the matter. [26188/04] 81. Mr. Hayes asked the Ta´naiste and Minister Obesity Levels. for Health and Children the number of neuros- 20. Mr. Eamon Ryan asked the Ta´naiste and urgical operations carried out under the national Minister for Health and Children her views on treatment purchase fund; the locations at which whether an interdepartmental approach is neces- these operations were carried out; and if she will sary to deal with the problem of obesity; the steps make a statement on the matter. [26190/04] she has taken to ensure an interdepartmental approach; and if she will make a statement on the Ta´naiste and Minister for Health and Children matter. [26351/04] (Ms Harney): I propose to take Questions Nos. 22, 47, 74 and 81 together. Ta´naiste and Minister for Health and Children In February 2002, Comhairle na nOspide´al was (Ms Harney): To halt and then reverse the rise in asked to carry out a review of neurosurgical ser- obesity levels, programmes and initiatives need to vices, focusing in particular on the provision of operate in an environment that will influence, adequate capacity and equity of access to neuros- encourage and sustain a healthy lifestyle regime. urgical services, having regard to best practice in This will require the direct involvement of a the provision of quality health care. Comhairle range of Departments and agencies. established a committee to review neurosurgical The National Taskforce on Obesity, estab- services, and I understand the committee’s work lished on 10 March 2004, has carried out a com- is at an advanced stage. prehensive consultation process in which a The development of neurosurgical services, number of Departments were identified as key including the appointment of additional consult- stakeholders and invited to make submissions. ants, will be progressed having regard to the All submissions received from this consultation recommendations contained in the Comhairle process will inform the recommendations being report when it has been completed, and in the made by the task force, which is due to present event of additional development funding becom- its recommendations to me by December 2004. ing available. To date, the number of neurosurgical oper- Health Board Services. ations carried out under the national treatment 21. Mr. Timmins asked the Ta´naiste and Mini- purchase fund, NTPF, is 258, and a further 25 ster for Health and Children if any health boards operations are in the process of being arranged. purchased quads during the period from 1997 to The locations where these operations were car- 2003, if so, the number and cost of same; the pur- ried out are the Blackrock Clinic, the Hampshire pose for which they are used; the locations at Clinic London, BUPA Hospital, Manchester and which they are stored; and if she will make a North West Independent Hospital, Derry. Cork statement on the matter. [26286/04] University Hospital and Beaumont Hospital have undertaken a small number of operations which Ta´naiste and Minister for Health and Children were not suitable for referral to the private (Ms Harney): The information requested by the sector. Deputy is not routinely collected by my Depart- The NTPF has reported that there are no ment. Therefore, my Department has requested patients waiting more than three months at Cork the chief executive officer of each health board- University Hospital, and there are 257 patients authority to reply directly to the Deputy with the waiting longer than three months at Beaumont information requested. Hospital for neurosurgical operations.

Hospital Services. Clinical Indemnity Scheme. 22. Mr. Hayes asked the Ta´naiste and Minister 23. Mr. Sherlock asked the Ta´naiste and Mini- 461 Questions— 28 October 2004. Written Answers 462 ster for Health and Children the progress which demonstration of the Government’s commitment has been made by the working group on the to dealing with this issue. development of a no-fault compensation system for birth-damaged children; when she expects the 24. Mr. Stagg asked the Ta´naiste and Minister group to report; if she will seek to expedite the for Health and Children the position regarding introduction of proposals in this area, having her discussions with the Irish Hospital Consult- regard to the recent awards in the High Court ants Association regarding the proposed new and the increasing difficulties facing practitioners system of medical insurance; if the commitment and especially obstetricians in finding insurance she gave to the recent IHCA conference in cover; and if she will make a statement on the Kilkenny that no hospital consultant would be matter. [26317/04] left without cover and no patient without redress still holds; and if she will make a statement on 29. Mr. Kehoe asked the Ta´naiste and Minister the matter. [26318/04] for Health and Children if she has proposals for a no-fault compensation scheme for children brain Ta´naiste and Minister for Health and Children damaged as a result of an obstetrical accident. (Ms Harney): Discussions are continuing with the [26193/04] Irish Hospital Consultants Association and the Ta´naiste and Minister for Health and Children Irish Medical Organisation on aspects of the (Ms Harney): I propose to take Questions Nos. coverage of claims against consultants by the 23 and 29 together. clinical indemnity scheme. The major concern of The advisory group examining the desirability both organisations is that there should be no of introducing a “no fault” compensation scheme doubt as to the position of consultants facing per- for infants who suffered cerebral damage at, or sonal injury claims arising from events which close to, the time of birth made substantial pro- occurred prior to the inception of the scheme. gress in its work programme up to the end of The Government’s position on this matter has 2003. It had completed the bulk of its research, always been clear. The clinical indemnity scheme including an examination of no-fault schemes in should not have to cover claims where insurance other jurisdictions. It also had the benefit of pres- companies or mutual indemnity bodies had entations by legal and medical experts from accepted premiums or subscriptions to cover Ireland and abroad. Representatives of parents of these claims. This position is accepted by all of children with cerebral palsy had also made a pres- the insurers and indemnity bodies with the excep- entation to the group. The drafting of some chap- tion of the Medical Defence Union. The MDU ters of the group’s report had been allocated to has written to several of its former consultant a number of subgroups of the main group. The obstetrician members in Ireland threatening to decision to include claims against consultants in leave them without assistance in dealing with per- the clinical indemnity scheme from 1 February sonal injury claims against them. The MDU has 2004 has delayed the completion of the group’s a moral and ethical obligation to provide assist- report. Consultants have withdrawn from Minis- ance to these members. I also believe these terial committees and working groups. Therefore, decisions may be in breach of the MDU’s memor- it has not been possible to complete the group’s andum and articles of association. Against that report. I hope that when the difficulties surround- background, the first source of indemnity should ing the clinical indemnity scheme are resolved be the body which accepted payment to cover this group will be able to resume its deliberations these claims. That body should be subjected to immediately and complete its task as soon as the maximum pressure, including legal pressure, possible. to ensure that it lives up to its obligations. In the While I would like to see the group produce a event that it continues to refuse assistance in report quickly, I do not believe that this has any these cases, the plaintiffs and doctors involved adverse impact on the affordability of indemnity cannot be left in an uncertain position while the cover for consultants. Consultants now have all of MDU is pursued to honour its obligations. their practice in public hospitals, including their private practice, covered by the clinical indemnity Hospital Waiting Lists. scheme. In addition, the Government has put 25. Mr. Gilmore asked the Ta´naiste and Mini- special arrangements in place to ensure that ster for Health and Children when the next indemnity cover for consultants in full time hospital waiting list figures will be published; if private practice and for any private practice there is preliminary information available to her undertaken by public consultants which is not Department on the figures; and if she will make covered by the clinical indemnity scheme remains a statement on the matter. [26335/04] affordable. Consultant obstetricians are required to only purchase indemnity for the first \500,000 Ta´naiste and Minister for Health and Children of any claim against them. There is also a protec- (Ms Harney): Responsibility for the collection tion against the cost of serial claims against any and reporting of waiting lists and waiting times consultant in any one year. As a result, a consult- now falls within the remit of the national treat- ant in full time private practices is paying ment purchase fund, NTPF. My Department \100,000 per annum rather the full economic cost understands that the NTPF is collating data for of \350,000 for indemnity cover. This is a clear the position as at 30 June 2004. It is expected that 463 Questions— 28 October 2004. Written Answers 464

[Ms Harney.] It has been my Department’s policy under the the NTPF will report on this data as soon as it NDP 2000-6 that greater balance should be has completed its analysis. achieved in relation to capital investment between the acute and non- acute hospital sectors Health Care Funding. over the lifetime of the plan. This policy will con- tinue under the CIF. 26. Mr. Broughan asked the Ta´naiste and Mini- In devising the details of the CIF, various ster for Health and Children if planned funding factors had to be taken into consideration. for primary care and mental health facilities are Obviously, account had to be taken of existing to be deferred for up to three years; and if she contractual commitments, or those scheduled in will make a statement on the matter. [26332/04] the near future, to complete projects now under 102. Mr. J. Bruton asked the Ta´naiste and way. This factor applies to both acute and non- Minister for Health and Children if her Depart- acute projects. The question of possible non-capi- ment has reached an agreement with the Depart- tal implications arising from progressing capital ment of Finance to spend nearly \2.5 billion on projects to various stages is also a significant capital programmes over five years to 2008; the issue. Also, as is normally the case in any major breakdown of this funding between the acute and capital programme, the level of contractual com- non-acute sector with a timescale for release of mitments will be greater for the earlier years of a funds; and if she will make a statement on the multi-annual plan than for the latter period to matter. [26202/04] 2008. The CIF caters for the continuance of all projects or other capital expenditure planned by Ta´naiste and Minister for Health and Children my Department. (Ms Harney): I propose to take Questions Nos. Many non-acute projects, including mental 26 and 102 together. health and primary care facilities are being pro- My Department, and the Department of Fin- gressed through the procurement process. A ance, earlier this year agreed in principle the number of major acute hospital projects are also Capital Investment Framework, CIF, 2004-8, in being progressed and require significant contrac- terms of progressing the health capital pro- tual funding commitments for the next few years. gramme for this year and in relation to the overall It is in this context, allied to the multi-annual nat- funding levels proposed. The framework will ure of funding, that a greater number of non- complement and indeed enhance the significant acute projects was scheduled for the latter period capital developments envisaged for the health of the framework. This is particularly the case, sector under the National Development Plan bearing in mind all the circumstances and com- 2000-2006. Total health capital expenditure by my plex factors governing the planning and delivery Department under the NDP in the period 2000-3 \ of the health CIF, including the timescales was in the region of 1.7 billion. involved in delivering the larger projects in the The new Health Capital Investment Frame- non-acute sector. In the circumstances, it is not work 2004-8 proposes a total funding envelope in correct to say that funding for the non-acute sec- \ the region of 2.7 billion, including provision for tor, including the primary care or mental health a new PPP initiative in relation to infrastructure areas, has been deferred for three years. Various for services for older persons. This unpre- levels of funding for all health care programmes cedented level of funding for the health capital will be progressed under the framework and in programme reaffirms the Government’s commit- line with overall funding resources available. ment to providing quality infrastructure to sup- port all health care programmes to the benefit of General Practitioner Co-operatives. both client and staff alike. The CIF is intended to enable my Department, and health agencies, to 27. Mr. O’Shea asked the Ta´naiste and Mini- plan and manage more effectively the health capi- ster for Health and Children his proposals to pro- tal programme in line with identified service vide sufficient funding to allow the Caredoc Co- priorities. While the planned funding over the operative Service to commence in County Water- \ period in question remains subject to the annual ford in 2004; if the 1 million needed in 2005 Estimates process and a sustainable overall (details supplied) will be provided; and if he will budgetary position, the proposed annual break- make a statement on the matter. [21265/04] down is as follows: Ta´naiste and Minister for Health and Children (Ms Harney): Between 2000 and 2003, \7.124 Year Total (\m) million was allocated to the South Eastern Health Board for the expansion of their out of hours co- 2004 509 operative, Caredoc. In 2004, \3.492 million has 2005 500 been included in the health board’s base allo- 2006 555 cation for the continued provision of services 2007 575 under this heading. The dedicated funding is 2008 595 exclusive of the fees paid to participating gen- eral practitioners. TOTAL 2.734 billion Decisions in relation to the geographical areas to be covered by co-operatives and the order in 465 Questions— 28 October 2004. Written Answers 466 which developments occur are matters for the rel- cies designed to attract and retain specialist nurs- evant health board who must have regard to the ing staff, including family-friendly work policies range of financial and other issues involved in any and extensive education and support structures. such developments. Further expansion will be While initiatives to recruit specialist ICU considered in the context of service requirements, nurses have met with some success, and the health board proposals and funding availability. hospital has made significant efforts to attract staff from Ireland and from abroad, it is regret- Question No. 28 answered with Question table that the target complements for these areas No. 18. have not yet been achieved. However, I am advised that the hospital is confident that Question No. 29 answered with Question additional nurses will be recruited to the intensive No. 23. care unit in the near future. The Report of the Paediatric Review of Nurse Hospital Services. Education Group identified that there should be 30. Mr. Penrose asked the Ta´naiste and Mini- various educational options available for those ster for Health and Children the steps being wishing to register as a sick children’s nurse. In taken to address the serious shortage of intensive recent months, my predecessor announced the care nurses at Crumlin children’s hospital that has establishment of an expert group to develop a led to the recent cancellation of cardiac surgery comprehensive strategy for the future of mid- on two patients; and if she will make a statement wifery and paediatric nurse education. This group on the matter. [26308/04] has commenced its work, and will be reporting to me at the end of this year. Tanaiste and Minister for Health and Children ´ Clearly, all possible measures need to be taken (Ms Harney): My Department is advised that the to reduce the possibility of the deferral of elective planned cardiac surgery of two patients at Our surgery at Our Lady’s Hospital. However, given Lady’s Hospital for Sick Children, Crumlin the unpredictable nature of emergency cases, the recently was deferred due to the lack of available hospital cannot guarantee that elective cases will staffed ICU beds. The beds due to be occupied not, on occasion, require to be deferred. by the patients in question were, instead, used to accommodate two emergency cardiac surgery cases that had to be carried out that day. Death Inquiry. The hospital seeks to prioritise elective cardiac 31. Mr. Wall asked the Ta´naiste and Minister surgery and minimise the number of deferrals. for Health and Children when she expects to However, priority is always given to emergency receive the report of the independent review into cases which are, by their nature, unpredictable, the circumstances of the death of a person and unfortunately this may necessitate the (details supplied); the reason for the long delay deferral of less urgent cases. This situation is not in finalising this report; and if she will make a unique to Our Lady’s Hospital and can occur statement on the matter. [26307/04] across the hospital system where emergency cases require admission. Ta´naiste and Minister for Health and Children The approved funded complement of nurses (Ms Harney): On 23 July 2003, my predecessor, for the ICU at Our Lady’s Hospital is 124. Cur- Deputy Michea´l Martin, announced that he had rently, the ICU has a staff of 107 nurses. Because convened a review panel to conduct an indepen- of the nursing shortage, the ICU is currently dent review of the events surrounding the tragic staffed for between 14 and 17 beds, depending death of the person concerned. The members of on the case mix between intensive care and high the panel are: Mr David Hanly, Chairman; Ms dependency patients. Kay O’Sullivan Director of Nursing at Cork Uni- There is a continuing difficulty worldwide in versity Hospital, and Dr. Shakeel A. Qureshi, recruiting ICU nurses, particularly those trained Paediatric Cardiologist at Guy’s and St. Thomas’s in paediatric intensive care. With the co-oper- Hospital, London. ation of the Eastern Regional Health Authority The terms of reference of the panel are to con- and my Department, Our Lady’s Hospital has sider the report of the ERHA in relation to the made significant efforts to attract and recruit events of 30 June 2003 at Our Lady’s Hospital for nursing staff into the ICU, including: an extensive Sick Children, Dublin and to make such further advertising campaign which has been undertaken inquiries and conduct such interviews as the in Ireland and abroad. The hospital has carried Panel considers necessary; to address the ques- out recruitment campaigns in the Middle East, tions raised by the family; to examine protocols Asia, the United Kingdom and Poland in an and procedures relevant to this incident having effort to recruit nurses; the hospital is working regard to prevailing standards of best practice, with four nursing agencies who continually work and to examine their application in this case; and to recruit nurses on the hospital’s behalf; and to report to the Minister and to make such recom- post-registration paediatric nursing students are mendations as it sees fit. Following the review, specifically targeted for recruitment to ICU. both reports will be made available. My Depart- In relation to the retention of nurses in the ment understands that the work of the review ICU, Our Lady’s Hospital has a number of poli- panel is at an advanced stage. 467 Questions— 28 October 2004. Written Answers 468

Cancer Screening Programme. tive as it relates to the working hours of doctors in training came into force on 1 August 2004. The 32. Ms B. Moynihan-Cronin asked the Ta´naiste relevant provisions were transposed into Irish law and Minister for Health and Children the pro- by way of the European Communities posed timetable for the extension of the (Organisation of Working Time) (Activities of BreastCheck scheme to the entire country; when Doctors in Training) Regulations 2004. she expects that the service will be available throughout the entire country; the reason women The ability of the management of the health over 64 are ineligible to participate in the services to effectively implement the European BreastCheck programme, especially in view of working time directive, EWTD, for the benefit of the fact that half of breast cancers occur in all NCHDs, is dependent on the full co-operation women over 65; if she intends to raise this limit of the Irish Medical Organisation, IMO, at both to include all women at risk; and if she will make national and local level. This process has been a statement on the matter. [26343/04] delayed for some time in the absence of agree- ment by the IMO to the establishment of a 33. Mr. Allen asked the Ta´naiste and Minister national implementation group and local imple- for Health and Children if she will extend the age mentation groups in each hospital. These groups limit of women who are called for screening would be representative of all relevant stake- under the BreastCheck programme to 70 years; holders in this process and are crucial to the and if she will make a statement on the achievement of progress on this issue. matter. [26206/04] Discussions involving the HSEA and the IMO under the aegis of the Labour Relations Com- Ta´naiste and Minister for Health and Children mission, LRC, have been taking place for some (Ms Harney): I propose to take Questions Nos. time. While some progress has been made, much 32 and 33 together. remains to be resolved. The LRC has requested The roll-out of the national breast screening that both parties refrain from engaging in any programme to the remaining counties is a major form of unilateral action for the duration of the priority in the development of cancer services. negotiation process. As a result, as of 1 August, This will ensure that all women in the 50 to 64 health employers have not acted unilaterally in age group throughout the country have access to order to achieve compliance with the EWTD. In breast screening and follow up treatment where many sites around the country, the introduction required. A capital investment of approximately \ of new rosters would facilitate significant pro- 20 million has been approved to construct and gress towards EWTD compliance while main- equip two static clinical units, one in the south taining safe patient care and existing levels of ser- and the other in the west. This investment will vice provision. However, health employers, in also ensure that mobile units are available to response to the request of the LRC, are awaiting screen women in the relevant age group through- agreement between management and the IMO at out the country. BreastCheck and my Depart- national level before proceeding. ment are fully committed to an expeditious In this regard, both sides have accepted a pro- approach to the national roll-out of the pro- posal from the LRC for the selection of eight gramme and representatives have met recently to pilot hospital sites to examine local implemen- progress the design process. Following the roll- tation issues, and to develop plans for the full out and when the programme is sufficiently developed and it is assured that a quality service implementation of the directive. Preparations are is being delivered at national level, consideration well advanced for the establishment of the groups will be given to extending the upper age limit to and two regional workshops, supported by both 69 years. management and the IMO, are taking place this week to assist, advise and guide the work of the Any woman irrespective of her age or resi- dence who has immediate concerns or symptoms pilot groups. Further intensive negotiations under should contact her GP who, where appropriate, the auspices of the LRC are scheduled to take will refer her to the symptomatic services in her place on 2 November. I am hopeful that early region. progress can be made in resolving outstanding issues, so that full implementation of the direc- tive’s requirements can proceed without further EU Directives. delay. 34. Mr. M. Higgins asked the Ta´naiste and Minister for Health and Children the position Hospital Staff. regarding the application of the European work- ing time directive to non-consultant hospital 35. Ms Lynch asked the Ta´naiste and Minister doctors; if the directive is now being implemented for Health and Children the expected timeframe in all hospitals; the impact on staffing rosters in for the roll-out of proposals for the appointment hospitals; and if she will make a statement on the of an additional six neurologists to the Cork Uni- matter. [26337/04] versity Hospital as recommended in the Report of the Review of Neurology and Neurophysiology Ta´naiste and Minister for Health and Children Services in April 2003; her views on whether the (Ms Harney): As the Deputy will be aware, the current situation of two neurology consultant provisions of the European working time direc- posts in the Cork University Hospital and one in 469 Questions— 28 October 2004. Written Answers 470 the Mercy Hospital in Cork serving a population Cancer Screening Programme. of over 1.1 million persons is unsatisfactory; and 36. Mr. McCormack asked the Ta´naiste and if she will make a statement on the matter. Minister for Health and Children the average [26241/04] length of time taken to process cervical smears in 94. Ms Lynch asked the Ta´naiste and Minister the cervical screening programme in the midwest; for Health and Children when the requisite fund- and if she will make a statement on the ing will be made available to support the appoint- matter. [26233/04] ment of an additional consultant neurologist and Ta´naiste and Minister for Health and Children clinical and non-clinical support staff to the Cork (Ms Harney): My Department is advised by the University Hospital as requested by the Southern Irish cervical screening programme office that the Health Board; and if she will make a statement average time for cervical screening test results in on the matter. [26240/04] the Mid-Western Health Board region is cur- Ta´naiste and Minister for Health and Children rently six weeks. (Ms Harney): I propose to take Questions Nos. The number of smear tests carried out 35 and 94 together. nationally is approximately 230,000 annually and The provision of hospital services, including the represents and increase of almost 20% in recent appointment of staff, at Cork University years. In order to meet this increased demand, Hospital, in the first instance, a matter for the additional cumulative funding of \11 million has Southern Health Board. My Department has, been provided by my Department since 2002 to therefore, asked the chief executive officer of the enhance the laboratory and colposcopy services. Southern Health Board to reply directly to the This funding has enabled the laboratories to Deputy in relation to the information requested. employ additional personnel, purchase new The Deputy will be aware that the Comhairle equipment and introduce new technology and na nOspide´al Report on Neurology and Neuro- thereby increase the volume of activity. In physiology services recommended significant addition, a number of hospitals have undertaken enhancement of neurology and neurophysiology initiatives such as contracting out of smear test services, including increases in consultant man- analysis to external laboratories. These initiatives power. The Comhairle report also recognises that have resulted in a considerable reduction in wait- there are aspects of a number of other specialties ing times in laboratories throughout the country. and services, such as rehabilitation medicine, ger- iatric medicine and old age psychiatry, which are Pharmacy Regulations. related to and overlap with neurology services. 37. Mr. Quinn asked the Ta´naiste and Minister Comhairle has recommended that a national for Health and Children the position regarding multi-disciplinary review of rehabilitation ser- her consideration of the report of the pharmacy vices be undertaken to further inform the policy review group; and if she will make a statement on framework in relation to the development of the matter. [26310/04] neurology services. Consistent with this recommendation, and in Ta´naiste and Minister for Health and Children line with commitments in the national health (Ms Harney): The Pharmacy Review Group was strategy, a national action plan for rehabilitation established in November 2001 to examine the services is currently being prepared by my pharmacy issues raised in the OECD report on Department. The action plan will set out a pro- regulatory reform in Ireland. I expect to take gramme to meet existing shortfalls in services and definitive decisions on the report shortly. The to integrate specialised facilities with locally report is available on my Department’s website, based follow-up services. The rehabilitation www.doh.ie, along with reports prepared for the action plan, together with the Comhairle report group by Indecon International Economic Con- and the work undertaken by the Neurological sultants. Alliance of Ireland through its own publications, will, in my view, offer a comprehensive policy Alcohol Abuse. framework for the future development of neurol- 38. Mr. Howlin asked the Ta´naiste and Mini- ogy and neurophysiology services in this country. ster for Health and Children her views on the My Department will continue to work closely recent report of the strategic task force on with the alliance and with the Irish Consultant alcohol; if it is intended to implement the recom- Neurologists’ Association in relation to the future mendations of the report; and if she will make a development of services. The implementation of statement on the matter. [26340/04] the Comhairle recommendations will be pro- gressed having regard to the evolving policy Ta´naiste and Minister for Health and Children framework in this area, competing funding priori- (Ms Harney): The report which the Deputy refers ties and the report of the National Task Force on to is the 2nd Report of the Strategic Task Force Medical Staffing. on Alcohol. I welcome the report which contains The appointment of the additional neurologists a wide range of evidenced based recommend- as recommended in the Comhairle report will ations which aim to tackle alcohol related harm have to be considered in the context of the in this country. It is my intention to bring the resources available in 2005 and subsequent years. report to Government in the near future. 471 Questions— 28 October 2004. Written Answers 472

Services for People with Disabilities. enhance the laboratory and colposcopy services. This funding has enabled the laboratories to 39. Dr. Upton asked the Ta´naiste and Minister employ additional personnel, purchase new for Health and Children the steps she intends to equipment and introduce new technology and take to ensure that the 330 persons with intellec- thereby increase the volume of activity. In tual disabilities who are being treated in psychi- addition, a number of hospitals have undertaken atric hospitals are relocated to appropriate initiatives such as contracting out of smear test accommodation; and if she will make a statement analysis to external laboratories. These initiatives on the matter. [26323/04] have resulted in a considerable reduction in wait- Minister of State at the Department of Health ing times in laboratories throughout the country. and Children (Mr. T. O’Malley): The majority of A pilot cervical screening programme com- the 330 persons with an intellectual disability or menced in October 2000 and is available to eli- autism who are accommodated in psychiatric gible women resident in Limerick, Clare and hospitals are in St. Joseph’s Services, St. Ita’s Tipperary North. Under the programme, cervical Hospital, Portrane. One of the key capital priori- screening is being offered, free of charge, to ties for my Department is to progress as quickly approximately 74,000 women in the 25 to 60 age as possible the development of purpose built resi- group, at five year intervals. dential and day facilities for around 60 persons The Health Board Executive, HeBE, com- on St. Ita’s campus. missioned an international expert in cervical scre- My Department will continue to work with the ening to examine the feasibility and implications Eastern Regional Health Authority and the other of a national roll out of a cervical screening pro- relevant health boards to progress the pro- gramme. The examination included an evaluation gramme to provide more appropriate accommo- of the pilot programme, quality assurance, lab- dation and to maximise the outcome from the oratory capacity and organisation and the estab- capital resources available to my Department and lishment of national governance arrangements. from other sources. This will be undertaken in the The expert’s report was submitted to my Depart- context of the multi-annual revenue and capital ment on 12 October 2004 for consideration. My investment programme for disability specific sup- Department is now consulting with relevant pro- port services recently announced as part of the fessional representative and advocacy groups on national disability strategy. the report as an essential input into its prep- aration of a detailed response to the recom- Cancer Screening Programme. mendations. Any woman who is concerned about cervical 40. Dr. Cowley asked the Ta´naiste and Minister cancer should contact her general practitioner. for Health and Children if she intends to extend Appropriate treatment for women diagnosed the long overdue cervical screening programme with cervical cancer is available at major hospitals from the health board area in which it exists; if throughout the country. so, when this national extension will happen; and if she will make a statement on the matter. Hospitals Building Programme. [26238/04] 41. Mr. Deenihan asked the Ta´naiste and Mini- 58. Mr. Coveney asked the Ta´naiste and Mini- ster for Health and Children the reason she has ster for Health and Children if she will expand not granted permission to the Southern Health the cervical screening programme to the west. Board to proceed to invite tenders for the pro- [26232/04] vision of the new community hospital in Dingle, 70. Mr. Naughten asked the Ta´naiste and Mini- County Kerry; and if she will make a statement ster for Health and Children the action she is tak- on the matter. [26234/04] ing to address the prevalence, detection and treat- Ta´naiste and Minister for Health and Children ment of cervical cancer; and if she will make a (Ms Harney): As the Deputy will be aware, the statement on the matter. [26243/04] provision of health services in the Kerry area is a 90. Mr. English asked the Ta´naiste and Mini- matter for the Southern Health Board, in the first ster for Health and Children when she will instance. The board in consultation with my expand the cervical screening project nationwide; Department decided to build a new 72 bed com- and if she will make a statement on the munity hospital in Dingle, County Kerry to matter. [26226/04] replace the existing hospital. This new hospital will comprise a mix of beds for continuing care, Ta´naiste and Minister for Health and Children rehabilitation-convalescent, respite, palliative (Ms Harney): I propose to take Questions Nos. care beds and beds which will be used for direct 40, 58, 70 and 90 together. admissions by the local GP-primary care team. In The number of smear tests carried out addition, there will be a central module, a day nationally is approximately 230,000 annually and care unit, a mental health day care unit and an represents and increase of almost 20% in recent ambulance base. years. In order to meet this increased demand, The next step in the progressing of the Dingle additional cumulative funding of \11 million has project to construction is to invite tenders for the been provided by my Department since 2002 to construction of the project. Any decision in 473 Questions— 28 October 2004. Written Answers 474 relation to progressing this project will be con- Hospital Accommodation. sidered by my Department in the context of the 43. Mr. Durkan asked the Ta´naiste and Mini- significant additional revenue funding and staff ster for Health and Children the action she pro- which will be required by the board to operate poses to take to address the serious deficiency in the new hospital and having regard to the board’s acute hospital bed numbers, with particular refer- employment ceiling and funding available to my ence to the concern and anxiety of patients and Department. their families who are unable to access services when most needed; and if she will make a state- ´ 42. Mr. Sherlock asked the Tanaiste and Mini- ment on the matter. [26344/04] ster for Health and Children when she intends to publish the report commissioned from a company 69. Ms McManus asked the Ta´naiste and Mini- (details supplied) on the GMS, in view of the fact ster for Health and Children if an additional 3,000 hospital beds will be provided in regard to the that it is over a year since a draft was submitted; commitment given in the national health strategy; if the report has been brought to Government; if the number provided to date; the hospitals in it is intended to implement the recommendations each case; the number that have been provided to of the report; and if she will make a statement on date; the projected number that will be provided the matter. [26316/04] before the end of 2004; the number of beds lost since 1997; and if she will make a statement on Ta´naiste and Minister for Health and Children the matter. [26330/04] (Ms Harney): The Deloitte & Touche con- 93. Mr. Gogarty asked the Ta´naiste and Mini- sultancy review of governance and accountability ster for Health and Children the progress made mechanisms in the GMS schemes was received by to date in introducing extra beds as promised in my Department in February 2003. While the the health strategy; her views on whether the review was being considered by officials in my introduction of beds needs to be speeded up; and Department, both the Commission on Financial if she will make a statement on the matter. Management and Control Systems in the Health [26347/04] Service, Brennan, and the Audit of Structures Ta´naiste and Minister for Health and Children and Functions in the Health System, Prospectus, (Ms Harney): I propose to take Questions Nos. Reports were published. Since the contents and 43, 69 and 93 together. recommendations of both of these reports are rel- This Government is committed to increasing evant to the subject matter of the GMS review, acute hospital bed capacity as indicated in the my Department requested Deloitte & Touche to health strategy. Since 2002, funding has been pro- update the draft in this light, and also having vided to hospitals to open an additional 900 beds. regard to the latest financial data from the Gen- A total of 600 of these beds are already open and eral Medical Services (Payments) Board. It is still the rest will come on stream in 2004-2005. The my intention to bring this review to Government, table below shows details of the current position after which its publication and implementation in relation to additional beds for which funding will be discussed. has been provided.

Hospital Additional beds in place Beds due to open

Beaumont/St. Joseph’s, Raheny 77 28 St. James’s 74 66 St. Vincent’s, incorporating St. Michael’s, Dun Laoghaire 42 — Naas General 61 30 James Connolly Memorial — 21 Tallaght 7— Temple Street 15 — Midland Regional Hospital, Tullamore — 6 Midland Regional Hospital, Mullingar — 12 Midland Regional Hospital, Portlaoise 5 — Mid West Regional Hospital, Limerick 55 — Croom Orthopaedic 17 — Nenagh General 6 — Louth General 14 — Monaghan General — 10 Our Lady’s Navan 14 — Letterkenny General 8 — Sligo General 30 — Kilcreene Orthopaedic 28 — St. Luke’s Kilkenny 14 — Waterford Regional 24 — 475 Questions— 28 October 2004. Written Answers 476

Hospital Additional beds in place Beds due to open

Wexford General 10 — Bantry General 8 — Mercy University Hospital 13 — South Infirmary / Victoria, Cork — 35 Kerry General, Tralee 16 — Mayo General 23 37 Roscommon General Hospital — 9 UCHG 36 44 Portiuncula 32

Total 600 300

Overall Total 900 —

The average number of in-patient and day beds The recently published annual report of the available in publicly funded hospitals in June National Suicide Review Group, NSRG, meets 1997 as reported to the Department of Health the requirement of The Health (Miscellaneous and Children by health boards and voluntary Provisions), Act 2001, that the Minister for hospitals was 12,604. The total number of avail- Health and Children will report annually on the able beds in July 2004, the latest date for which measures taken by health boards to prevent suic- complete figures are available was 13,390. ides in the previous year. This report, which was laid before the Houses of the Oireachtas on 29 Suicide Incidence. September, outlines the measures taken by the 44. Mr. Neville asked the Ta´naiste and Minister health boards and other agencies in 2003 to help for Health and Children the plans her Depart- prevent suicide and reduce the impact of suicidal ment has formulated to introduce the recom- behaviour. The aim of the report is to facilitate mendations of the national taskforce on suic- the sharing of information across the health ide. [26281/04] boards and other sectors regarding suicide pre- vention projects and to provide accurate and cur- Minister of State at the Department of Health rent information on the patterns of death by suic- and Children (Mr. T. O’Malley): Following the ide in Ireland. publication of the report of the National Task I share the public concern about the level of Force on Suicide in 1998, there has been a posi- suicides in this country and I am fully committed tive and committed response from both the statu- to the intensification of suicide prevention tory and voluntary sectors towards finding ways measures and research programmes and in this of tackling the tragic problem of suicide. In regard, work is now well under way on the prep- response to the recommendations of the task aration of a strategic action plan for suicide force, the National Suicide Review Group was reduction. This strategy, involving the Health established by the health boards and membership Boards Executive, HeBE, in partnership with the of the group includes experts in the areas of men- National Suicide Review Group and supported tal health, public health and research. Health by the Department of Health and Children will boards, in particular, have a major role to play in build on existing policy and on the recommend- co-ordinating efforts to help reduce the level of ations contained in the Report of the National suicide and parasuicide in this country. In this Task Force on Suicide. All measures aimed at regard, resource officers have been appointed in reducing the number of deaths by suicide will be all the health boards with specific responsibility considered in the preparation of this strategy. for implementing the task force’s recom- mendations. Question No. 45 answered with Question My Department has given special attention No. 10. over the past number of years to the resourcing of suicide prevention initiatives. Since the publi- Question No. 46 answered with Question cation of the task force report in 1998, a cumulat- No. 18. ive total of more than \17.5 million has been pro- vided since towards suicide prevention Question No. 47 answered with Question programmes and for research. This year more No. 22. than \4.5 million is available to the various agen- cies working towards reducing the level of suicide Health Board Services. and attempted suicide in this country. This includes the health boards, the National Suicide 48. Mr. Crowe asked the Ta´naiste and Minister Review Group, the Irish Association of Suicidol- for Health and Children if she has proposals for ogy and the National Suicide Research investigating ways to allow medical card holders Foundation. to have free digital hearing aids as opposed to the 477 Questions— 28 October 2004. Written Answers 478 older analogue models with digital features. asthma problem; and if she will make a statement [23366/04] on the matter. [26354/04] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Northern Area Health Board (Ms Harney): Asthma is one of the most common of the Eastern Regional Health Authority, chronic diseases, with approximately 10% of ERHA, is responsible for procuring and supply- people having had an attack of asthma at some ing hearing aids for the health board community time. Asthma prevalence across Europe has shar- audiology service. ply increased in recent years and in Ireland, the The chief executive officer of the ERHA has level of asthma has risen to 20% in young informed my Department that a tendering pro- teenagers. cess for the supply of hearing aids, including digi- Asthma is a complex disorder where genetics tal hearing aids, is under way; the Chief Executive and environment play an interacting role. It is Officer expects this process to be completed at generally recognised that there is a need for the end of the year. The prospects of offering further work on the multiple facets of gene-envir- contracts for the supply of digital hearing aids will onment interaction and their relevance for meas- be considered at the end of this tendering uring susceptibility to asthma. process. Asthma treatment has improved substantially in recent years, however, there is scope for the Community Pharmacy Services. development and utilisation of asthma manage- 49. Mr. Penrose asked the Ta´naiste and Mini- ment guidelines which emphasise the key role of ster for Health and Children the progress made first line preventive therapy which will reduce to date in her Department’s review of pharma- morbidity and hospital admissions. A full range ceutical expenditure and community pharmacy of treatment services is available for people with services; when she expects that the review will be asthma, incorporating hospital and primary care completed; and if she will make a statement on services and assistance with the community the matter. [26309/04] drugs schemes. The first step in an asthma initiative is the Ta´naiste and Minister for Health and Children recognition of the condition as an important (Ms Harney): All aspects of the drug delivery cause of morbidity and mortality and also that it system from the manufacturer to the patient are carries economic costs. A range of initiatives have currently under review. The Pharmacy Review been taken this year to prevent and control Group report was published in February 2003 and asthma, namely, smoking reduction — given the I expect to take definitive decisions on it shortly. association between early exposure of children to In addition, the health service procurement environmental tobacco smoke and childhood improvement project has analysed the State’s asthma, the Smoke Free at Work initiative and procurement of pharmaceutical goods and ser- more general health promotion activities will vices. A national drugs prescribing group is eval- ensure greater protection from toxic tobacco uating proposals in relation to the control of smoke. These are providing benefits to workers drugs costs contained in various reports, for and the general public and help to reduce asthma example, Brennan and Deloitte & Touche, to and respiratory diseases; the Irish EU Health determine their feasibility and early delivery as Presidency — as part of the Irish Presidency, a part of the health reform agenda. set of proposals were developed by the Irish Presidency in April 2004. These proposals called Departmental Correspondence. for the need for research into the factors underly- 50. Mr. J. Higgins asked the Ta´naiste and Mini- ing asthma; the development of common termin- ster for Health and Children if he has received ologies and better information systems on correspondence from the Parents for Justice asthma; the exchange of best practice in relation organisation; and if he will make a statement on to the prevention and management of childhood the matter. [22399/04] asthma; and involvement of all relevant stake- holder groups; Ireland hosted the EU’s Joint Ta´naiste and Minister for Health and Children Research Council, JRC, Childhood Asthma Envi- (Ms Harney): The most recent correspondence rogenomics Conference, which provided further received in my Department from the Parents for research information on asthma and its causes; Justice organisation relates to a funding request and information — Ireland already participates for 2005. The matter is under consideration at in international prevalence studies and additional present. work is ongoing with the ERHA on the develop- ment of further information systems. Immune Deficiency Disorders. The initiatives outlined above illustrate the 51. Mr. Gormley asked the Ta´naiste and Mini- broad range of activities to reduce morbidity and ster for Health and Children if her attention has mortality from asthma. This should provide a bet- been drawn to a recent report which suggests that ter understanding of the nature of asthma and just 8% of an estimated 400,000 asthma sufferers highlight areas for development so that individ- do not have their symptoms under control; the uals affected can go about their normal activities steps she has taken to deal with the increasing without fear or concern. 479 Questions— 28 October 2004. Written Answers 480

Vaccination Programme. parents to have their children immunised against the diseases covered by the childhood immunis- 52. Mr. J. Bruton asked the Ta´naiste and Mini- ation programme in order to ensure that both ster for Health and Children if she will consider their children and the population generally have a voluntary proposal that all children at cre`ches maximum protection against the diseases and starting school be appropriately vaccinated concerned. for their age. [26223/04] Ta´naiste and Minister for Health and Children SARI Committee. (Ms Harney): The primary childhood immunis- 53. Mr. Stanton asked the Ta´naiste and Mini- ation programme, PCIP, provides for the immu- ster for Health and Children the names of the nisation of children against a range of potentially members of the national SARI committee estab- serious infectious diseases. The objective of the lished in 2002; the procedures in place to review PCIP is to achieve an uptake level of 95% which the work of the committee; and if she will make is the rate required to provide population immun- a statement on the matter. [26356/04] ity and to protect children and the population Ta´naiste and Minister for Health and Children generally from the potentially serious diseases (Ms Harney): In 1999, my Department asked the concerned. The PCIP provides for the immunis- National Disease Surveillance Centre, NDSC, to ation of children up to two years of age. Under evaluate the problem of antimicrobial resistance the PCIP parents may have their children immu- in Ireland and to formulate a strategy for the nised free of charge by the general practitioner, future. The NDSC gave detailed consideration to GP, of their choice. The schedule of immunis- these issues and drew up a strategy for the control ation is in accordance with the recommendations of antimicrobial resistance in Ireland, SARI, of the national immunisation advisory committee which was launched on 19 June 2001. This report of the Royal College of Physicians of Ireland. The contains a wide range of detailed recommend- schedule was most recently revised in October ations to address the issue of antimicrobial resist- 2002. ance, including a strategy to control the inappro- The recommended childhood immunisation priate use of antibiotics. schedule is as follows: The SARI recommendations can be grouped into five main categories, as follows: surveillance Age Immunisation of antimicrobial resistance; monitoring of the sup- ply and use of antimicrobials; development of Birth-1 month BCG guidance in relation to the appropriate use of 2 months DTaP/IPV/Hib (“5 in 1”) and MenC antimicrobials; education of health care workers, 4 months DTaP/IPV/Hib (“5 in 1”) and MenC patients and the general public; and, development 6 months DTaP/IPV/Hib (“5 in 1”) and MenC of principles in relation to infection control in the 12 -15 months MMR, Hib1 hospital and community setting. 4-5 years DTaP/IPV (“4 in 1”) and MMR The strategy for the control of antimicrobial 11-12 years MMR (omit if 2 previous doses) resistance in Ireland recommended that a national SARI committee be established to 10-14 years BCG2 develop guidelines, protocols and strategies in 11-14 years Td relation to antimicrobial resistance. This commit- 1 A single dose of Hib vaccine is also recommended if the tee was established in late 2002 and as part of its child presents after age 13 months and has had no previous remit provides advice to the regional SARI com- Hib vaccine. 2 Only for those who are known to be tuberculin negative and mittees in each health board area which were have had no previous BCG. established as a result of the strategy’s recom- mendations. The national SARI committee is The childhood immunisation programme is vol- comprised of a wide range of experts in the field. untary but I consider that all children should be The current membership of the SARI National appropriately vaccinated for their age. I urge all Committee is as follows:

Nominating Body Representative

Royal College of Surgeons in Ireland Professor Hilary Humphreys* (chair) National Disease Surveillance Centre Dr Robert Cunney** (honorary secretary) Academy of Medical Laboratory Science Ms Margaret Fitzpatrick Health Board CEO Group: 1 Dr Declan McKeown 2MrE´ amonn Fitzgerald 3 Ms Mary Diver Consumers’ Association of Ireland Ms Dorothy Gallagher Department of Agriculture & Food Dr Michael Gunn Faculty of Paediatrics Dr Karina Butler Faculty of Pathology Professor Martin Cormican Faculty of Public Health Medicine Dr Ma´ire O’Connor 481 Questions— 28 October 2004. Written Answers 482

Nominating Body Representative

Faculty of Veterinary Medicine Dr Nola Leonard Food Safety Authority of Ireland Mr David Nolan Infection Control Nurses’ Association Ms Roma Ruddy Irish College of General Practitioners Professor Colin Bradley*** Irish Pharmaceutical Healthcare Association Ms Leonie Clarke Pharmaceutical Society of Ireland Ms Marita Kinsella Royal College of Physicians of Ireland Dr Lynda Fenelon University Dental School and Hospital Dr Christine McCreary Department of Health and Children: 1 Dr Eibhlı´n Connolly 2 Mr Brian Mullen 3 Mr Pat Clifford Chairs of Regional SARI Committees: ERHA Dr Eleanor McNamara MHB Dr Phil Jennings MWHB Dr Kevin Kelleher NEHB Dr Rosemary Curran NWHB Dr Anthony Breslin SEHB Dr Anne Moloney SHB Dr Olive Murphy WHB Dr Diarmuid O’Donovan Chair of SARI Hospital Antibiotic Stewardship Subcommittee Dr Edmond Smyth Department of Health, Social Services and Public Safety Dr Lorraine Doherty (Northern Ireland) (Observer) * Also chair of SARI Infection Control Subcommittee. ** Also chair of SARI Antimicrobial Resistance and Antimicrobial Consumption Surveillance Subcommittees. *** Also chair of SARI Community Antibiotic Stewardship Subcommittee.

Tackling the problem of antimicrobial resistance The annual SARI implementation meeting was is a multi-faceted issue which will require action held in Tullamore in December 2003 and this on a number of fronts. Implementation of the year’s meeting will be held next month in Dun- strategy is taking place on a phased basis and will dalk. The 2004 meeting will be a joint North- take a number of years to complete. To date, South meeting with the antimicrobial resistance approximately \16 million has been allocated by action plan, AMRAP, the equivalent strategy in my Department to health boards to enable them Northern Ireland. Meeting participants are to put in place measures to control antimicrobial updated on the work of the national committee resistance. It is ultimately a matter for each and feedback from the meeting is used to direct health board CEO to determine the priorities in the priorities for the committee for the following each region. These priorities should take account year. of the recommendations in the SARI report and also the recommendations put forward by each Medical Aids and Appliances. regional SARI committee. Much of the funding 54. Ms Burton asked the Ta´naiste and Minister is designated for improving hospital infrastruc- for Health and Children , further to the EU Com- ture for control of infection and for appointing mission statement of 15 July 2004, that it was init- additional microbiologists, infection control iating infringement proceedings against Ireland in nurses and other healthcare professionals regard to the system of reimbursing the cost of involved in the control of infection. medical appliances here, the steps she proposes Work on the SARI annual report for 2003 is to take on this matter; and if she will make a nearing completion; the report will be presented statement on the matter. [26326/04] to the national SARI committee at its meeting in December and will include details of the national Ta´naiste and Minister for Health and Children committee’s work to date. (Ms Harney): I have made inquiries in relation to In addition, there is an annual SARI imple- the matter raised by the Deputy and it transpires mentation meeting to which all parties involved that the issue is more appropriate for answer by in SARI are invited. These include members of my colleague, the Minister for Social and Family the national committee, regional committees and Affairs. Accordingly, I have passed the question sub-committees, various professional groups to his Department for direct reply. involved in the control of antimicrobial resist- ance, for example, microbiologists, infection con- Organ Retention. trol nurses, public health specialists and surveil- 55. Dr. Upton asked the Ta´naiste and Minister lance scientists, as well as representatives from for Health and Children the progress made to my Department and health board administration. date by the Dunne inquiry into the retention of 483 Questions— 28 October 2004. Written Answers 484

[Dr. Upton .] appointments in the HSE are being filled from organs of deceased children; the date on which open competition, it is not envisaged that the the report will be published; the steps being taken establishment of the HSE will give rise to the to address the concerns of the families affected; requirement for additional health service staff. if it is intended to introduce legislation to regulate organ retention and transplants; and if she will Medical Cards. make a statement on the matter. [26320/04] 57. Aengus O´ Snodaigh asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children if measures to (Ms Harney): The terms of reference of the post allow medical card holders to obtain induction mortem inquiry require it to review post mortem loops installed free of charge will be investi- policy, practice and procedure in all hospitals in gated. [23368/04] the State since 1970, with particular reference to Ta´naiste and Minister for Health and Children organ removal, retention, storage and disposal. (Ms Harney): The Northern Area Health Board, The inquiry is also mandated to examine any NAHB, of the Eastern Regional Health Auth- arrangements with pharmaceutical companies in ority, ERHA, is responsible for procuring and relation to retained organs, including pituitary supplying hearing aids for the health board com- glands. munity audiology service. The chairman has indicated that she will pro- The NAHB has informed the Department of vide a report on paediatric hospitals in December the following figures for supply of hearing aids: 2004. There are ongoing consultations with the inquiry in relation to the other elements of its Year Numbers Supplied Expenditure remit, having regard to the Government decision that the inquiry should conclude by 31 March \m next. 2003 11,634 1.745 I am advised that individual hospitals have 2002 10,066 1.509 adopted differing policies in relation to the ques- 2001 9,531 1.429 tion of contacting next of kin of deceased persons whose organs were retained. The European Commission is currently con- Question No. 58 answered with Question sidering the question of a directive in respect of No. 40. organ transplantation, including the issue of con- sent, and proposes to conduct a thorough scien- Departmental Staff. tific evaluation of the situation. It will present a 59. Ms O. Mitchell asked the Ta´naiste and report on its analysis to the Council of the Euro- Minister for Health and Children if agreement pean Union as soon as possible. It is hoped that has been reached between her Department and this will provide the framework for the develop- the Department of Finance to allow the employ- ment of legislation in this area. ment ceiling of public service employees to be In the meantime, it is intended to establish an breached in order to employ staff to open a expert group to review organ donation, procure- number of facilities (details supplied) across the ment and utilisation policy in Ireland. The work country; if sufficient numbers have been allowed of this group will inform Ireland’s contribution to for all the proposed facilities; and if she will make the discussions in relation to the proposed direc- a statement on the matter. [26201/04] tive on organs. Ta´naiste and Minister for Health and Children (Ms Harney): Following discussions with the Health Board Staff. Minister for Finance, a designated increase in 56. Mr. Crawford asked the Ta´naiste and Mini- authorised health service employment numbers ster for Health and Children the additional has been secured to commission the new health number of employees across all grades that will facilities referred to by the Deputy. Following be employed to get the HSE up and running; and discussions with the relevant health boards and if these employees will come from the ranks of the Eastern Regional Health Authority, the existing employees in the health services. employment increases and funding allocations [26200/04] required to open the new units have been approved by my Department. Ta´naiste and Minister for Health and Children (Ms Harney): The Health Service Executive, Question No. 60 answered with Question HSE, will assume responsibility for the direct No. 10. management of existing health board personnel and the staff of certain specialist health agencies National Drugs Strategy. — approximately 65,000 staff in whole-time equivalent, WTE, terms from 1 January 2005, fol- 61. Mr. Sargent asked the Ta´naiste and Mini- lowing the dissolution of the health boards and ster for Health and Children if her attention has the integration of the functions of the specialist been drawn to the fact that some schools are agencies concerned into the structures of the locking away asthma inhalers under action 43 of HSE. While a limited number of top-level the national drugs strategy; her views on whether this policy may have serious health implications 485 Questions— 28 October 2004. Written Answers 486 for certain pupils; and if she will make a state- and officials from my Department entered into ment on the matter. [26352/04] discussions with the Department of Finance earl- ier this year to progress the issue of opening Tanaiste and Minister for Health and Children ´ facilities that had received substantial capital (Ms Harney): Under action 43 of the national investment. These discussions resulted in my drugs strategy, guidelines for developing a sub- Department agreeing to fund \35 million of the stance abuse policy were drawn up by my Depart- required revenue costs from its overall existing ment in consultation with the health boards and funding. Further funding of these new units will the Department of Education and Science. These be discussed in the context of the Estimates pro- guidelines were issued to all schools in October cess for 2005. 2002 to assist them in the development of appro- priate substance abuse policies. The guidelines do The agreement concluded with the Minister for not make reference to asthma inhalers. Finance also provided for an increase in the national employment ceiling in respect of staff The implementation of the guidelines is the responsibility of the relevant school authorities required for the commissioning of the new units. and if problems arise, parents should raise these Since the announcement, the acute psychiatric with the school in the first instance. unit at the Midland Regional Hospital, Port- laoise, has become operational, 29 September Hospital Staff. 2004, and the commissioning of the remaining acute and non-acute new units is ongoing. Health 62. Caoimhghı´nO´ Caola´in asked the Ta´naiste boards have informed my Department that the and Minister for Health and Children if she will new units will be brought into operation on a report on the progress in the renegotiation of the phased basis over the remainder of 2004 and early consultants’ common contracts. [26293/04] 2005. This phasing is necessary as each health Ta´naiste and Minister for Health and Children board must go through a logistical process of (Ms Harney): During 2002 and 2003, a series of recruiting and appointing additional staff and, in meetings took place between management and some cases, equipping new facilities. the medical organisations to resolve the outstand- ing issues from the current consultants’ common Hospital Staff. contract. These negotiations resulted in the intro- 64. Mr. Wall asked the Ta´naiste and Minister duction of a revised grievance and dispute pro- for Health and Children the number of nursing cedure for consultants. posts unfilled at the latest date for which figures In 2003, preliminary talks were held between are available; if her attention has been drawn to management and the medical organisations to warnings from the INO that the number of vac- discuss forthcoming negotiations on the new con- ancies will rise to 2,000 over the next 18 months; tract. Unfortunately, the opposition of these the number of vacancies of ICU nurses and the organisations to the extension of the clinical hospitals in which they exist; the number of nurs- indemnity scheme to cover claims against consult- ing vacancies in accident and emergency depart- ants led to a decision by the Irish Hospital Con- ments and the hospitals in which they exist; the sultants Association, IHCA, not to participate in steps being taken to deal with the shortage of further negotiations with effect from 1 February nurses; and if she will make a statement on the 2004, which has resulted in talks on a new con- matter. [26306/04] tract being stalled. I am anxious to break the deadlock that has Ta´naiste and Minister for Health and Children arisen, and I have indicated to the consultants (Ms Harney): The Health Service Employers that I am available to sit down with them to dis- Agency, HSEA, undertakes quarterly surveys of cuss a new contract in tandem with those issues nursing vacancies, the latest of which is for the that are of particular concern to them in relation month ending 30 June 2004. A copy of this sur- to the clinical indemnity scheme. I am writing to vey, which contains a breakdown by hospital- the consultants to this effect today and I hope for health board and voluntary agency, will be for- a positive response. warded directly to the Deputy. While all sectors reported that recruitment was Health Board Services. well ahead of resignations and retirements, employers reported that 771 vacancies existed at 63. Ms McManus asked the Ta´naiste and Mini- 30 June 2004, a decrease from 1,007 vacancies in ster for Health and Children the expected date June 2003. for the bringing into commission of each of the The number of vacancies as of 30 June 2004 unopened facilities, in regard to the announce- represents a substantial decrease from the end of ment by her predecessor on 14 September 2004; September 2000, when employers reported 1,388 if the health boards have been provided with the vacancies. resources to recruit the appropriate staff for these The current vacancy rate of 1.92% is one of the units; and if she will make a statement on the lowest in recent years, and could be considered matter. [26331/04] to be a normal frictional rate, given that there Ta´naiste and Minister for Health and Children will always be some level of movement due to (Ms Harney): My predecessor, Deputy Martin, resignations, retirements and nurses availing of 487 Questions— 28 October 2004. Written Answers 488

[Ms Harney.] especially active in this area and, to date, 1,600 opportunities to change employment and clinical nurse specialist and advanced nurse prac- locations. titioner posts have been created. In 1998, there were 26,612 whole-time equiv- My Department gave approval in late 2003 to alent nurses employed in the public health the roll out, on a national basis, of the health care system. By the end of December 2003, this figure assistant training programme. This is in fulfilment had reached 33,765. This is an increase of over of a key recommendation of the commission on 7,150 during the period or 26.8%. nursing. The main objective of the programme is The recruitment and retention of adequate to up-skill health care assistants so that, working numbers of nursing staff has been a concern of under the supervision of nurses, they are enabled this Government for some time, and a number to take on a wider range of duties, thereby freeing of substantial measures have been introduced in up nursing resources to concentrate on exclus- recent years. The number of nursing training ively nursing tasks. places has been increased by 70% since 1998 to I am confident that the extensive range of 1,640 from 2002 onwards. The continuing attract- measures I have outlined, including the substan- iveness of nursing as a career for school leavers tial increase in training places, the recruitment of and mature code applicants alike is clearly evi- overseas nurses, the more effective utilisation of dent from the number of applicants for such the professional skills of nurses and midwives, in courses. For example, there were 8,300 CAO addition to close monitoring and assessment of applications for 1,640 places in the autumn 2004 the situation on an ongoing basis, will continue to intake. This is most encouraging, given that there prove effective in addressing the nursing work- is an ever-increasing array of attractive alterna- force needs of the health services. tives provided by our third-level education In relation to predictions of an increase in system. nurse vacancies over the next 18 months, the lack A comprehensive range of financial supports of a cohort of nurse graduates in autumn 2005 is have been introduced to support nurses in pursu- obviously a challenge for the health service. The difficulty arises because nurse education is mov- ing part-time degrees and specialist courses, ing from a three year diploma programme to a including “back to practice” courses. Since 1998 four year degree programme in line with the nurses have been paid for overtime. Previously recommendations of the commission on nursing. they had been given time off in lieu and the intro- The final cohort of diploma students graduated duction of payment represents a further signifi- recently and the first cohort of degree students cant financial incentive for nurses. will graduate in autumn 2006. My predecessor introduced a scheme of flex- Officials from my Department are in touch ible working arrangements for nurses and mid- with senior nurse managers throughout the coun- wives in February 2001. Under the scheme, indi- try on a regular basis and discussions indicate that vidual nurses and midwives may apply to work the problem of a lack of graduates in 2005 will between 8 and 39 hours per week on a perma- manifest itself in early 2006. As there will be a nent, part-time basis. The figure of 33,765 whole- cohort of graduates available by early autumn time equivalent nurses working in the health ser- 2006, the problem has a relatively short life span. vice translates into 40,119 individual nurses. Of A working group representing health service these, some 29,629 work full-time, and 10,490 employers and officials from my Department was work job-sharing or other atypical patterns. Thus, established last April to examine the issue and over one quarter of the nursing workforce avails provide advice to employers on addressing poten- of family-friendly work patterns. tial shortfalls. Workforce planners in each health The promotional structure within nursing, board are liaising with directors of nursing and including the introduction of a clinical career human resource managers to ensure the sufficient pathway, has been substantially improved on foot staffing resources are available during the period of the recommendations of the commission on from late 2005 to autumn 2006. nursing and the 1999 nurses’ pay settlement. The Current vacancies in ICU and accident and National Council for the Professional Develop- emergency units for each hospital are shown in ment of Nursing and Midwifery has been the table below.

Hospital ICU Vacancies A&E Vacancies

Adelaide & Meath Hospital Incorporating the National Children’s Hospital 1.3 WTE 2.6 WTE St Vincent’s University Hospital 0 WTE 6 WTE Mater Hospital 12.42 WTE 8 WTE1 Beaumont Hospital 2 WTE 6 WTE James Connolly Memorial Hospital 5 WTE 5.5 WTE St James Hospital 29 WTE 1.5 WTE Our Lady’s Hospital for Sick Children, Crumlin 20.5 WTE 1 WTE2 Temple Street Hospital 2 WTE 2 WTE Loughlinstown Hospital 4.6 WTE3 3.7 WTE4 489 Questions— 28 October 2004. Written Answers 490

Hospital ICU Vacancies A&E Vacancies

Naas Hospital 58 Midland Regional Hospital Portlaoise 0 0 Midland Regional Hospital Tullamore 0 25 Midland Regional Hospital Mullingar 3 26 Mid-Western Regional Hospital, Limerick 0 1 Mid-Western Regional Hospital, Ennis 0 0 Mid-Western Regional Hospital, Nenagh 0 0 Our Lady’s of Lourdes Hospital, Drogheda 67 0 Our Lady’s Hospital, Navan 0 0 Louth County Hospital 00 Cavan General Hospital —0 Monaghan General Hospital — — Letterkenny General Hospital 3 2 Sligo General Hospital 04 Wexford General Hospital 0 0 Waterford Regional Hospital 0 0 Our Lady’s Hospital, Cashel 0 0 Sth. Tipperary General Hospital 0 0 St Luke’s Hospital, Kilkenny 0 1.5 WTE8 Cork University Hospital 019 Kerry General Hospital 00 Mallow General Hospital 00 Bantry General Hospital 1.46 WTE — Mercy Hospital 510 0 South Infirmary/Victoria Hospital 0 0 Roscommon County Hospital — 0 Portiuncula Hospital, Ballinasloe 0 0 Mayo General Hospital, Castlebar 0 0 University College Hospital, Galway 0 0 1 6 WTE Staff Nurses, 1 WTE Clinical Nurse Manager 2 and 1 Clinical Nurse Specialist. 2 1 WTE Clinical Nurse Manager 3. 3 1 new staff member to commence end of November 2004. 4 2 new staff members to commence by mid November 2004. 5 Post currently advertised. 6 Post currently advertised. 7 Adult ICU — Six vacancies at present which will be filled on 5th November. There is no designated Paediatric ICU. 8 1.5 WTE A&E posts just vacant and being advertised at the weekend. 9 1 vacant Clinical Nurse Manager 2 post in A&E, Cork University Hospital — competition is currently underway to fill this vacancy. 10 There are 5 specialist vacancies in ICU/CCU, Mercy Hospital, Cork which are currently filled by General Nurses. An external agency has been contacted to fill existing specialist posts.

Medical Inquiries. inquiry chaired by Judge Maureen Harding Clark. 65. Mr. Costello asked the Ta´naiste and Mini- Terms of reference were agreed by Govern- ster for Health and Children the progress made ment and the inquiry commenced its work in May in finalising the terms of reference of the inquiry, 2004. The format and terms of reference for the to be chaired by Judge Maureen Harding Clarke inquiry were the subject of detailed discussion into the activities of a person (details supplied); with Patient Focus, which is a patient advocacy when it is expected that the inquiry will begin; the group that represents former patients of Dr. form it will take; the steps that are being taken to Neary. In broad terms, the inquiry is examining address the serious concerns regarding the the rate of peripartum hysterectomy at Our Lady adequacy of the proposed inquiry raised by Pati- of Lourdes Hospital, Drogheda, with particular ent Focus and others; and if she will make a state- reference to the period covered in the report of ment on the matter. [26341/04] the Fitness to Practise Committee of the Medical Ta´naiste and Minister for Health and Children Council relating to Dr. Michael Neary and the (Ms Harney): Following the Medical Council’s period since the publication of that report. The investigation into the conduct of Dr. Michael inquiry will seek to establish how this rate com- Neary, which found him guilty of professional pared with the rate in other maternity units of similar status. It will also inquire into whether Dr. misconduct in relation to ten patients, the Neary’s practice was commented or acted upon Government decided to establish a non-statutory by others at the hospital and examine whether 491 Questions— 28 October 2004. Written Answers 492

[Ms Harney.] suitability of site to accommodate radiation internal or external reviews were conducted. The oncology and related services, including timelines inquiry will also report on the measures put in for construction and capital costs; and costs, tak- place to prevent a repeat of those events at the ing into account revenue costs, both pay and non- hospital and offer advice on any additional pay and staffing requirements. systems that should be put in place. A further breakdown of these criteria was The inquiry team has already examined a sub- agreed by the international panel and issued to stantial amount of documents and records which all hospitals on 22 September 2004 to assist relate to the inquiry. It has conducted over 100 hospitals in finalising their proposals. The dead- interviews to date with patients, Medical Mission- line for receipt of proposals was 8 October 2004 aries of Mary sisters, both consultant and non- and six hospitals submitted proposals on that consultant doctors, midwives, nurses, theatre staff date. The international panel is currently examin- and non-medical personnel from the hospital. ing the proposals in detail in preparation for their The inquiry has been asked to report within a meetings with hospitals which will take place dur- nine month timescale. ing the week beginning 13 December 2004. I expect to receive the advice of the international Hospital Services. panel by the end of the year. ´ 66. Caoimhghı´nOCaola´in asked the Ta´naiste Health Board Services. and Minister for Health and Children if she will report on the progress in identification of the 67. Ms O’Sullivan asked the Ta´naiste and Mini- Dublin hospital which will accommodate the ster for Health and Children if she intends to promised radiotherapy centre; and if she will respond to the call from the director of the Crisis make a statement on the matter. [26292/04] Pregnancy Agency that contraceptive services be made available free of charge in order to reduce 108. Dr. Twomey asked the Ta´naiste and Mini- the number of crisis pregnancies; if, in particular, ster for Health and Children when the two sites she has plans to provide for the wider availability for radiotherapy oncology for the eastern region of the morning-after pill; and if she will make a will be announced. [26720/04] statement on the matter. [26321/04] 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): The Crisis Pregnancy Agency, 66 and 108 together. CPA, published a piece of research, entitled Con- The Government is committed to making the traception Needs: The Evidence, A Literature full range of cancer services available and access- Review. The research, and not the CPA, recom- ible to cancer patients throughout Ireland. To this mended that some consideration be given to mak- end, we will provide considerable investment in ing contraceptive services available free of radiation oncology facilities in the coming years. charge, and to deregulating emergency contra- The central aim is to ensure access by cancer ception in order to increase access to women in patients throughout the country to high quality rural areas. radiation oncology in line with best international The director of the CPA has advised my standards. Department that the recommendations in this The Government’s policy on radiation research will be considered by the agency in the oncology is based on the report on the Develop- first instance, as part of the development of an ment of Radiation Oncology Services in Ireland. overall framework for contraceptive services due I will be advised by the chief medical officer of to be completed next year. my Department in relation to the location of radi- Each health board is obliged to ensure that an ation oncology services in the eastern region and equitable, accessible and comprehensive family by other experts in the area. The chief medical planning service is provided in its area. The officer is being assisted by a panel of international Department issued guidelines to the health experts in this regard. boards in 1995 on the provision of family plan- A detailed request for proposals issued to six ning services to all persons in their area who need hospitals in Dublin on 24 June 2004. The docu- such services; these services are provided primar- ment set out extensive information requirements ily through general practitioners, non-govern- including details of current oncology services pro- mental organisations and, to some extent, vision, approach to the organisation of radiation maternity hospitals-units. Significant additional oncology service provision, capital and revenue funding, \5.73 million, was provided for the requirements, transport options for outpatient development of family planning and pregnancy and day-case patients, education, training, quality counselling services between 1999 and 2002. systems and research. The document also set out The Deputy will be aware that the question of the evaluation criteria against which the pro- licensing any medicinal product, along with the posals will be assessed as follows: overall quality conditions attached to any such product placed of the proposal; quality of current cancer service on the market and made available to the public, delivery; quality of proposed integrated cancer are matters for the Irish Medicines Board, IMB, service delivery, to include radiation oncology; in the first instance. The IMB is obliged to review commitment to research, education and training; all the evidence on the quality, safety and efficacy 493 Questions— 28 October 2004. Written Answers 494 of the product concerned when examining an Departmental Spending. application for a product authorisation; the ques- 71. Mr. Eamon Ryan asked the Ta´naiste and tion of the legal classification appropriate to the Minister for Health and Children her views on product would also be considered. the latest ESRI report by a person (details supplied) which suggests that Ireland is still Infectious Diseases. spending below the EU average on health; and if 68. Mr. Mitchell asked the Ta´naiste and Mini- she will make a statement on the matter. ster for Health and Children the contacts she has [26350/04] had with her Asian counterparts with regard to a Ta´naiste and Minister for Health and Children new outbreak of Avian influenza; the dangers (Ms Harney): I am aware of the recent article posed by this outbreak to Irish nationals travel- published by the ESRI to which the Deputy ling in Asia; and if she will make a statement on refers. It concludes that when current and capital the matter. [25234/04] spending are aggregated, OECD data places Irish public spending per capita at 101.4% of the EU Ta´naiste and Minister for Health and Children average in 2002. (Ms Harney): The National Disease Surveillance The author has indicated that in her view if all Centre, NDSC, plays a key role in relation to the community welfare programme and disability prevention and management of infectious dis- programme spending were excluded to make eases in this country. Irish figures more comparable to that of other The Irish approach to infectious diseases out- EU countries, the Irish per capita spend for 2002 breaks is based on sound internationally accepted would be below the EU average at 96%. principles such as preventative measures; early However the figure of 101.4% quoted above was identification of cases; effective clinical care based on figures agreed between my Department including good hospital infection control; appro- and the OECD and is therefore the best com- priate surveillance; and, contract tracing and parator available at present. management of contacts. The procedures for dealing with infectious diseases are based on Hospital Staff. these principles. 72. Mr. McCormack asked the Ta´naiste and The NDSC monitors the avian influenza situa- Minister for Health and Children if she intends tion in Asia on an ongoing basis through the to lift the Government embargo on the recruit- World Health Organisation, WHO. ment of permanent nurses at hospitals to allow In line with advice from WHO, it is recom- the many closed wards to be opened and to allevi- mended that Irish travellers to areas experiencing ate the problem of patients on trolleys. outbreaks of H5N1 avian influenza infection [26257/04] should avoid contact with live animal markets Ta´naiste and Minister for Health and Children and poultry farms. In addition, there are no (Ms Harney): There is no Government embargo restrictions on travel to any country currently on the recruitment of nurses. The chief executive experiencing outbreaks of H5N1 avian infection officer of each individual health board has in poultry flocks, including countries, which have responsibility for the management of the work- also reported cases in humans. This is also in line force, including the appropriate staffing mix and with WHO travel recommendations. the precise grades of staff employed within that In addition, the following actions have been board, in line with service plan priorities, subject undertaken; interim Irish guidelines on the inves- to the overall employment levels remaining tigation and management of suspected human within the authorised ceiling. cases of highly pathogenic avian influenza, Influ- The Health Service Employers Agency, HSEA, enza A-H5, have been circulated to all health undertakes a quarterly national survey of nursing care professionals and are also posted on the resources. The most recent survey reported that NDSC website; guidance in the form of a SARS the recruitment of additional nurses continued to and avian influenza clinical management algor- be a prominent feature of activity with a net ithm has been circulated to hospitals and clin- increase of 563 nurses in the system in the year icians on the appropriate management of travel- ended 30 June 2004. lers with an influenza-like illness who have It is a feature of all acute hospital systems that returned from east or Southeast Asia, that is, some beds are out of use for short periods. Bed areas where avian influenza outbreaks are occur- closures fluctuate over time and may arise for a ring. This will assist in early detection of any variety of reasons such as ward refurbishment, influenza A/H5 cases essential ward maintenance, staff leave, seasonal closures and infection control measures. Question No. 69 answered with Question No. 43. Infectious Diseases. 73. Mr. Stanton asked the Ta´naiste and Mini- Question No. 70 answered with Question ster for Health and Children the number of No. 40. MRSA cases currently in hospitals in the State; 495 Questions— 28 October 2004. Written Answers 496

[Mr. Stanton .] funding has been made available by my Depart- the assistance given or available to families and ment to health boards under the strategy. Much the method of applying for such help when a fam- of this funding is designated for improving ily member contracts MRSA in a hospital; and if hospital infrastructure for control of infection and she will make a statement on the matter. for appointing the additional microbiologists, [26357/04] infection control nurses and other health care professionals required for effective control of Ta´naiste and Minister for Health and Children infection in hospitals. (Ms Harney): Staphylococcus aureus, often referred to simply as “staph”, are bacteria com- At national level, MRSA bacteraemia is now monly carried on the skin or in the nose of included in the revised list of notifiable diseases healthy people. Occasionally, “staph” can cause of the infectious diseases regulations, so hospitals infections — such bacteria are one of the most are now legally required to report cases of serious common causes of skin infections. Most of the MRSA infection to health board departments of infections are minor, such as pimples or boils and public health and to the NDSC. The reporting most can be treated without antibiotics. However, process for MRSA bacteraemia remains the same these bacteria can also cause serious infections, for now, i.e. direct reporting to the NDSC via the such as surgical wound infections and pneumonia. EARSS protocol, as this has proven extremely In the past, most serious “staph” infections were effective. treated with antibiotics related to penicillin. Over MRSA infection is generally confined to the past 50 years, treatment of these infections hospitals and, in particular, to vulnerable or has become more difficult because “staph” bac- debilitated patients. These include patients in teria have become resistant to various antibiotics, intensive care units and on surgical or ortho- antimicrobials. MRSA, Methicillin-Resistant paedic wards. MRSA does not generally pose a Staphylococcus aureus, is a resistant form of risk to hospital staff, unless they are suffering Staphylococcus aureus. The proportion of from a debilitating disease, or family members of Staphylococcus aureus bacteraemia caused by an affected patient or their close social or work MRSA in Ireland in 2002 was 42.7%. contacts. MRSA does not harm healthy people, I note that the Deputy has asked for the including pregnant women, children and babies. number of MRSA cases. This is a somewhat mis- MRSA can affect people who have certain long- leading term, as MRSA is not a disease but rather term health problems. Visitors to patients with a bacteria that can cause a wide range of infec- MRSA infection should be advised by the local tions. Indeed, most people who acquire MRSA nursing-medical staff to wash their hands do not develop any infection and simply carry the thoroughly after visiting patients so as to avoid bacteria without any symptoms. To try to rou- spreading MRSA. tinely measure all of the various types of infection Infection with Staphylococcus aureus or that can be caused by MRSA and to determine MRSA bacteria can be prevented by practising whether or not they are clinically significant good hygiene, namely, keeping hands clean by would be an enormous undertaking; even if an washing thoroughly with soap and water; keeping attempt were made to try to measure all MRSA cuts and abrasions clean and covered with a pro- cases, there are no comparative data as this is not per dressing, that is, bandage, until healed; and, something that is routinely done at a national avoiding contact with other people’s wounds or level in most countries. material contaminated by wounds. MRSA bacteraemia is used as a measure for Hand hygiene is a key component in the con- two reasons: first, it is a reliable indicator of sig- trol of MRSA and the SARI infection control nificant MRSA infection and, second, it is the sub-committee has just released national guide- same standardised measure of MRSA infection lines for hand hygiene in health care settings. that is used by most other countries, for example, These guidelines have been widely circulated by the UK, the USA, etc. the NDSC and are available on the NDSC’s web- The National Disease Surveillance Centre, site. The SARI national committee has set the NDSC, collects data from hospitals on MRSA implementation of these guidelines as a priority bacteraemia, also known as bloodstream infec- for the coming year. tion or blood poisoning, as part of the European Each health board-authority region has a Antimicrobial Resistance Surveillance System, regional SARI committee and these committees EARSS. Ireland has the highest level of partici- have been developing regional interventions to pation of any country involved in EARSS and control hospital infection, including MRSA. EARSS data in Ireland represent at least 95% of In 1995, my Department prepared a set of the population; thus the EARSS data for Ireland guidelines in relation to MRSA. These guidelines approximates the true total number of cases of have been widely circulated and include an infor- MRSA bacteraemia in Ireland. In 2003, there mation leaflet for patients. The SARI infection were 477 cases of MRSA bacteraemia reported control sub-committee is currently updating in Ireland. national guidelines on the control of MRSA in The strategy for the control of antimicrobial health care settings. A draft version of these resistance in Ireland, SARI, was launched in June guidelines is being distributed for consultation in 2001. Since then, approximately \16 million in the coming week and will also be available on the 497 Questions— 28 October 2004. Written Answers 498

NDSC website. The key recommendations cover outside Dublin as they were not included in the such areas as environmental cleanliness and over- 1996 study. crowding, sufficient isolation facilities, hand The numbers in treatment for heroin use out- hygiene, appropriate antibiotic use, early detec- side the Eastern Regional Health Authority, tion of MRSA through surveillance and labora- ERHA, area have increased significantly between tory detection of MRSA. The implementation of 1998 and 2002. This is in line with one of the key these guidelines will require further essential staff actions in the National Drugs Strategy 2001-2008 and improved hospital infrastructure, as outlined which is to increase the number of treatment in the SARI report, and an acceptance of corpor- places available for drug misusers. At the end of ate responsibility for infection control at senior September 2004, 7114 people were receiving hospital and health board level. methadone treatment. Based on the NACD fig- ures, we can say that around half the people who Question No. 74 answered with Question misuse opiates are in treatment, a very high pro- No. 22. portion by international standards. Regional drugs task forces have been estab- National Drugs Strategy. lished in all health boards and are currently map- 75. Mr. O’Dowd asked the Ta´naiste and Mini- ping out the patterns of drug misuse in their areas ster for Health and Children the actions she as well as the range and level of existing services intends to take to counteract the spread of opiate with a view to better co-ordination and address- use here in view of recent studies which have ing gaps in the overall provision of services. It is revealed the dramatic increase in opiate use, expected that these reports and actions plans will particularly outside of Dublin; if she intends to be received and considered by my colleague, the increase the number of initiatives and resources Minister of State at the Department of Com- available to combat opiate abuse; if she intends to munity, Rural and Gaeltacht Affairs, Deputy expand the number of needle exchange facilities Noel Ahern, in the coming months. available as part of the national drugs strategy in The Deputy will also be aware that the pro- order to reduce the spread of drug related dis- gramme for Government calls for the monitoring eases; and if she will make a statement on the of the use of heroin, particularly outside Dublin matter. [23050/04] and in this regard the NACD are currently estab- lishing an early warning system to address this Ta´naiste and Minister for Health and Children issue. (Ms Harney): As the Deputy is aware, the pro- As part of the mid-term review of the national vision of drug treatment services is the statutory drugs strategy, which is being conducting by the responsibility of the health boards. Minister of State, Deputy Noel Ahern, the rel- To address the problem of drug misuse, health evance of the strategy in tackling the current boards provide a wide range of drug addiction extent and pattern of drug misuse is being exam- services including outreach, education, treatment, ined and any gaps will be identified and rehabilitation and community welfare in line with addressed. the actions set out in the National Drugs Strategy In relation to needle exchange, I am informed 2001-2008. Furthermore, the health boards fund that the Northern Area Health Board, NAHB, and co-ordinate a broad range of services pro- the South Western Area Health Board, SWAHB, vided by voluntary and community sector organ- and the East Coast Area Health Board, ECAHB, isations. Additional annual funding provided to offer harm reduction programmes including health boards for drug treatment services since needle exchange from fixed sites, mobile units 1997 amounts to \52 million. This funding has and outreach work. Outreach workers frequently allowed for the employment of over 730 staff in practise “backpacking” a process whereby staff, the drug addiction services and for the expansion in the absence of a local clinic or mobile unit, of services. Since 2002 alone an additional \9.721 carry supplies of drug-taking paraphernalia for million has been allocated to health boards. distribution to known drug misusers. Additional Funding is provided for the treatment of all drug services operate from Merchant Quay Project, users abusing all types of drugs and is not broken and other sites in the greater Dublin area run in down by a specific type of drug. In the Eastern partnership by the three area health boards of the Regional Authority, ERHA, there are currently ERHA and a number of voluntary organisations. 59 drug treatment locations. This is an increase of 47 locations since 1996. Outside the ERHA, Mental Health Services. seven treatment clinics have been established. 76. Mr. Cuffe asked the Ta´naiste and Minister With regard to prevalence of opiate use, for Health and Children her plans for the future research conducted by the National Advisory of the Central Mental Hospital. [20819/04] Committee on Drugs, NACD, last year estimated that there were 14,452 people using opiates in Minister of State at the Department of Health Ireland in 2001. In comparing the estimates for and Children (Mr. T. O’Malley): A project team Dublin for the year 1996 with those for the year was established by the East Coast Area Health 2001, there appears to be a decrease of approxi- Board in February 2003 to examine all options mately 1,000 in the prevalence of opiate users. for the development of the Central Mental There are no comparative figures for the regions Hospital. The team reported to my Department 499 Questions— 28 October 2004. Written Answers 500

[Mr. T. O’Malley.] 2005; the salary and remuneration package this year and its proposals for the development of agreed for the post; the person who will take a new Central Mental Hospital, including the charge of the HSE pending the appointment future location of the hospital, are currently being taken up; and if she will make a statement under consideration. on the matter. [26311/04] The majority of admissions to the Central Men- Ta´naiste and Minister for Health and Children tal Hospital come from within the prison service. (Ms Harney): Professor Aidan Halligan is taking Accordingly, ease of access between the main up his appointment as chief executive officer of Dublin prisons and the hospital would be of the Health Service Executive, HSE, from 31 Jan- importance and I understand that the location of uary 2005, rather than April as previously stated. the hospital adjacent to a prison would have oper- Professor Halligan has already been involved in ational benefits for the prison service. On the planning activities for January next for the estab- other hand, it must be borne in mind that the lishment of the HSE and in the recruitment of the Central Mental Hospital is a therapeutic, health senior management team for the HSE. He will care facility. I fully agree with families and carers continue to liaise with the interim HSE’s change who feel that it would not be desirable that the management team until his official start date in hospital be perceived as, or closely identified January. with, a prison complex. In the meanwhile, responsibility for the run- I understand that the Minister for Justice, ning of both the interim HSE and the HSE will Equality and Law Reform has advanced pro- be a matter for the executive chairman and his posals to develop a new prison complex replacing board. The executive chairman, board and the Mountjoy. I recognise the potential benefits of interim HSE’s change management team are cur- close co-operation between that project and the rently putting in place appropriate measures to re-development of the Central Mental Hospital ensure the smooth running of the operation until and I will be asking my officials to consider how Professor Halligan formally takes up office. the matter might be progressed to the mutual benefit of both services. The salary for Professor Halligan is: basic — \330,000; performance bonus — up to a maximum of 25%; pension provision — 25%; Irish Blood Transfusion Service. relocation allowance — \40,000; and, car allow- 77. Ms O’Sullivan asked the Ta´naiste and ance — \15,000. The remuneration package Minister for Health and Children the position reflects the size of the task and the level of regarding the Government’s undertaking follow- responsibility of the CEO role. ing the publication of the Lindsay report, to con- sider the possibility of initiating legal action National Drugs Strategy. against US drugs firms which supplied contami- nated blood products to Irish haemophiliacs; and 79. Mr. O’Dowd asked the Ta´naiste and Mini- if she will make a statement on the matter. ster for Health and Children the amount of [26322/04] money which has been allocated or spent on treatment services for cocaine abuse here from Ta´naiste and Minister for Health and Children 2002 to date; and if she will make a statement on (Ms Harney): In July 2003 the Government was the matter. [22690/04] approached unilaterally by a firm of New York lawyers with the proposal that the Government Ta´naiste and Minister for Health and Children could sue certain pharmaceutical companies in (Ms Harney): As the Deputy is aware, the pro- the United States arising from the manufacture vision of drug treatment services is the statutory of blood products which caused hepatitis C and responsibility of the health boards. HIV infection to persons with haemophilia. To address the problem of drug misuse, health Initial advices received from counsel appointed boards provide a wide range of drug addiction by the Attorney General raised serious concerns services including outreach, education, treatment, in relation to the proposal. Following careful con- rehabilitation and community welfare in line with sideration of these advices, the Attorney General the actions set out in the National Drugs Strategy recommended that an independent opinion be 2001-2008. Furthermore, the health boards fund obtained in the United States in respect of the and co-ordinate a broad range of services pro- proposed litigation. Advices are being sought on vided by voluntary and community sector organ- an urgent basis from a suitable US law firm. isations. Additional annual funding provided to health boards for drug treatment services since The Irish Haemophilia Society has been kept 1997 amounts to \52 million. This funding has informed of developments. allowed for the employment of over 730 staff in the drug addiction services and for the expansion Health Board Staff. of services. Since 2002 alone an additional \9.721 78. Mr. Quinn asked the Ta´naiste and Minister million has been allocated to health boards. for Health and Children her views on whether it Funding is provided for the treatment of all drug is satisfactory that the newly appointed chief users abusing all types of drugs and is not broken executive of the Health Service Executive will not down by a specific type of drug. In the Eastern be in a position to take up the position until April Regional Authority, ERHA, there are currently 501 Questions— 28 October 2004. Written Answers 502

59 drug treatment locations. This is an increase of Minister of State at the Department of Health 47 locations since 1996. Outside the ERHA, and Children (Mr. T. O’Malley): I welcome the seven treatment clinics have been established. publication of the evidence-based report, Youth The addiction services in the ERHA provide a Suicide Prevention, which was researched by the range of services to those presenting with prob- Institute of Public Health in Ireland, the pro- lem cocaine use. The treatment methodologies gramme of action for children and the health utilised for those with primary cocaine addiction development agency. The information contained are evidence based and are in line with best prac- in this report will provide invaluable material for tice internationally. The services are focused on all those working in the area of suicide prevention psychological support, counselling interventions and mental health promotion. It will also inform and referral to appropriate residential services. the work that is now underway on the prep- I am also advised that only a small number of aration of a strategic action plan for suicide individuals are presenting for treatment for reduction. This strategy, involving the health cocaine misuse alone, the majority of service boards executive, HeBE, in partnership with the users presenting with problem cocaine use are national suicide review group and supported by individuals involved in poly drug misuse, partic- the Department of Health and Children will build ularly opiate misuse, and their cocaine use is on existing policy and on the recommendations treated in the context of their overall treatment contained in the report of the national task force plan. on suicide. All measures aimed at reducing the number of deaths by suicide will be considered in In addition to the drug treatment services out- the preparation of this strategy. lined above, a provocative and targeted multi- My Department has given special attention media advertising campaign to help correct misin- over the past number of years to the resourcing formation about recreational cocaine use has of suicide prevention initiatives. Since the publi- been launched earlier this month as part of the cation of the task force report in 1998, a cumulat- national drugs awareness campaign. The cam- ive total of more than \17.5 million has been pro- paign is managed by the health promotion unit in vided since towards suicide prevention my Department in conjunction with the Depart- programmes and for research. This year more ment of Community, Rural and Gaeltacht Affairs than \4.5 million is available to the various agen- and Dun Laoghaire Rathdown local drugs task cies working towards reducing the level of suicide force. and attempted suicide in this country. This The core message of this phase of the national includes the health boards, the national suicide campaign is, “There is no fairytale ending with review group, the Irish Association of Suicidology cocaine”, and it uses the device of nursery rhyme and the National Suicide Research Foundation. characters such as Jack and Jill and Georgie Por- The task force report recommended that steps gie to illustrate the stark facts about the psycho- be taken to make the mental health services more logical, physical, sexual and financial problems accessible to the public, particularly to young that can arise from using cocaine as a recreational people. In this regard, additional funding has drug. The campaign is aimed at 18 to 35 year olds been made available in recent years to further and is designed to disprove some of the common develop consultant-led child and adolescent psy- urban myths surrounding cocaine use. chiatry services to assist in the early identification The campaign features three individual adver- of suicidal behaviour and to provide the neces- tisements placed in the restrooms of entertain- sary support and treatment to individuals at risk. ment venues such as pubs and clubs throughout Significant additional funding has also been pro- Ireland and is supported by print advertisements vided for many voluntary organisations who deal in selected national newspapers and magazines, with people suffering from depression, mental ill- beer mats and free postcards. The campaign will ness and bereavement who are at risk of suicide run for six months including over the Christmas and attempted suicide. party season. The campaign is also supported by I share the public concern about the level of a special “micro-site” on cocaine on a website suicides in this country and I am fully committed which explains in detail the negative effects of to the intensification of suicide prevention cocaine use. Health boards will continue to work measures and research programmes. to develop new initiatives to respond to the cocaine problem. Question No. 81 answered with Question No. 22. Suicide Incidence. Mental Health Services. 80. Mr. Sargent asked the Ta´naiste and Mini- ster for Health and Children if her attention has 82. Mr. Neville asked the Ta´naiste and Minister been drawn to a report that suggests that one for Health and Children if she will make the third of deaths in the 15 to 24 age bracket is national treatment fund for waiting lists available caused by suicide north and south of the Border; to mental health patients. [26282/04] the steps her Department is taking to deal with Ta´naiste and Minister for Health and Children this serious health problem; and if she will make (Ms Harney): In accordance with health strategy a statement on the matter. [26353/04] objectives, the Government’s immediate focus is 503 Questions— 28 October 2004. Written Answers 504

[Ms Harney.] 2003 is primarily based on the recommendations on the reduction of waiting lists and waiting times of the commission on financial management and for in-patient and day case treatments in acute control systems in the health service, the Brennan hospitals. This is being particularly facilitated by report, and the audit of structures and functions the National Treatment Purchase Fund, NTPF. It in the health system, the Prospectus report, is now the case that, in most instances, anyone together with the report of the national taskforce waiting more than three months will be facilitated on medical staffing, the Hanly report. Work is by the fund. The issue of including other categor- well advanced on the implementation of the ies of conditions under the remit of the NTPF will Brennan report as part of the overall health ser- be kept under review. vice reform programme. A number of key bodies central to the reform Cancer Screening Programme. programme are now in place and working to 83. Mr. Kehoe asked the Ta´naiste and Minister advance the implementation of the reform pro- for Health and Children when BreastCheck will gramme. The national steering committee, which be available nationwide. [26192/04] I chair, is overseeing the implementation of the work programme. The Cabinet committee on Ta´naiste and Minister for Health and Children health, chaired by the Taoiseach, ensures that the (Ms Harney): The rollout of the national breast Government is kept fully informed on all screening programme to the remaining counties important issues. is a major priority in the development of cancer The health service reform programme will con- services. This will ensure that all women in the 50 solidate the multiplicity of different structures to 64 age group throughout the country have within a single agency, the Health Service Execu- access to breast screening and follow up treat- tive, HSE. I propose to submit a new Health Bill ment where required. A capital investment of \ to Government shortly which will deal with the approximately 20 million has been approved to establishment of the HSE. construct and equip two static clinical units, one On 26 November 2003 the Minister for Health in the south and the other in the west. This invest- and Children announced the establishment of the ment will also ensure that mobile units are avail- interim board of the Health Service Executive. able to screen women in the relevant age group The interim HSE was established as a statutory throughout the country. BreastCheck and my body on foot of SI 90/04 on 9 March 2004. Under Department are fully committed to an the establishment order, the interim HSE has expeditious approach to the national roll-out of been given the task of drawing up a plan for the the programme and representatives have met transition to a unitary delivery system. The recently to progress the design process. interim executive has also been given the task of making the necessary preparations to implement Alternative and Complementary Medicine. this plan, subject to ministerial approval, so as to 84. Mr. Boyle asked the Ta´naiste and Minister ensure as smooth a transition as possible from the for Health and Children when she expects to see existing management, administrative and service the publication of the report on complementary delivery structures of the health boards to the and alternative medicine; and if she will make a new health service executive structure. statement on the matter. [26349/04] Thirteen action projects which were put in Ta´naiste and Minister for Health and Children place to develop specific aspects of the reforms, (Ms Harney): As the Deputy may be aware, a reported on schedule in December 2003. A com- national working group was established in 2003 to posite report collating individual action commit- advise on future measures for strengthening the tee reports was prepared and disseminated. regulatory environment for complementary The Health (Amendment) Act 2004, which therapists in line with action 106 of the health provided for the abolition of the membership of strategy. The group held its first meeting in May the Eastern Regional Health Authority and the 2003 and is continuing to meet on a regular basis. health boards was commenced on 15 June. The My Department has been advised by the chair of Act also repealed the provisions providing for the the working group that the report of the group appointment of members to the Eastern Regional will be completed before the end of next year. Health Authority, area health boards and health boards. The enormous and complex nature of the Health Service Reform. reforms requires work across the whole spectrum of organisational change. Significant work is con- 85. Mr. S. Ryan asked the Ta´naiste and Mini- tinuing on a broad number of fronts including: ster for Health and Children the progress made the interim Health Service Executive has to date with regard to the implementation of the announced the appointment of Professor Aidan recommendations of the Brennan report; and if Halligan as the first chief executive officer of the she will make a statement on the matter. HSE and arrangements to recruit other senior [26314/04] management of the HSE are well advanced;. a Ta´naiste and Minister for Health and Children draft revised organisation design for the restruc- (Ms Harney): The health service reform pro- tured Department of Health and Children has gramme announced by the Government in June been completed; my Department and the interim 505 Questions— 28 October 2004. Written Answers 506

HSE financial transition team are working on tal Health Services under the provisions of appropriate transition arrangements to lay the section 50 of the Mental Health Act 2001. I am groundwork for the implementation of a number satisfied that the Act confers all necessary powers of the recommendations of the Brennan report; on the inspector to enable her to carry out her health boards have recently submitted draft ser- functions. vice plans to the interim HSE to facilitate the Any person dissatisfied with the level of care drafting of the national service plan for 2005. and treatment received by themselves or others This, along with associated performance indi- while in the care of the mental health services cators, will help provide a robust monitoring and may contact the Inspector of Mental Health Ser- evaluation framework; work on a broad range of vices at the Mental Health Commission, St. human resource and industrial relations matters Martin’s House, Waterloo Road, Dublin 4. is continuing through the agreed structures; Mr. Pat McGrath, group managing director of the Medical Cards. project management group, was appointed as the chairperson of the Health Information and Qual- 88. Mr. Howlin asked the Ta´naiste and Mini- ity Authority, HIQA, on 28 September. I will be ster for Health and Children the number of per- announcing the board of HIQA in the near sons over 70 who have received medical cards and future; work is progressing in relation to agencies who would not have qualified on income grounds designated for streamlining into the HSE in the at the latest date for which figures are available; short term. The interim HSE has been liaising the cost of extending medical cards to the over closely on the matter with the agencies con- 70s and the way in which this compares with the cerned, namely, the Health Boards Executive, the original estimate; and if she will make a statement Health Service Employers Agency, the Office for on the matter. [26339/04] Health Management, Comhairle na nOspide´al, 182. Ms B. Moynihan-Cronin asked the the National Disease Surveillance Centre and the Ta´naiste and Minister for Health and Children GMS (Payments) Board; the boundaries of the the number of persons over 70 years of age cur- HSE’s four primary, community and continuing rently covered by a medical card; the number of care regions were announced on 28 September; persons over 70 in actual possession of a medical and work is well advanced on drafting an interim card; the number of persons over 70 who are code of governance for the health service. covered by medical cards at present who would The new arrangements will provide a stronger ordinarily qualify for a medical card on purely national focus for the management and delivery income grounds and the number who would not; of health and personal social services. The imple- the number of persons over 70 who were in pos- mentation of the reform programme will result in session of a medical card and covered by a medi- a less fragmented and more accountable system, cal card on income grounds immediately prior to as envisaged by the Brennan report. the introduction of automatic medical card cover for the over-70s in 2001; the estimated approxi- Community Care. mate cost to the Exchequer of medical card cover 86. Mr. O’Shea asked the Ta´naiste and Mini- for the over 70s; and if she will make a statement ster for Health and Children the situation regard- on the matter. [26653/04] ing funding problems at Carmichael House in Ta´naiste and Minister for Health and Children Dublin; and if he will make a statement on the (Ms Harney): I propose to take Questions Nos. matter. [22767/04] 88 and 182 together. Minister of State at the Department of Health It is not possible to give a breakdown of the and Children (Mr. T. O’Malley): My Department numbers of persons to whom medical cards were asked the ERHA to make a grant of \150,000 allocated under the Government decision, in available on a once-off basis to alleviate the respect of statutory automatic eligibility for per- immediate funding needs which were outlined by sons aged 70 years and over which came into the board of Carmichael Centre. The payment of effect from 1 July 2001, in the manner requested this grant was made pending the completion of a by the Deputies. Since that date persons, in this review by the ERHA-Northern Area Health age category, no longer have to give details of Board of the operation of the centre. their income to the local health board at the time of their application for a medical card. Appli- Mental Health Services. cations for medical cards for persons aged 70 years and over are made on simplified application 87. Mr. Cuffe asked the Ta´naiste and Minister forms which are accompanied by proof of age. for Health and Children if she has satisfied her- However, the number of persons who are covered self that the Inspector of Mental Health Services with the ’higher rate’ medical card as opposed to has the necessary statutory powers in relation to those on the ordinary rate card gives a close taking action on complaints received. [20817/04] approximation of the figures. The following table Minister of State at the Department of Health outlines the position in relation to the number of and Children (Mr. T. O’Malley): Dr. Teresa persons aged 70 years and over who held and Carey has been appointed by the Mental Health were covered by a medical card for October 2004 Commission to the position of Inspector of Men- and June 2001. 507 Questions— 28 October 2004. Written Answers 508

[Ms Harney.] Ta´naiste and Minister for Health and Children (Ms Harney): I wish to advise the Deputy that no Persons aged 70 years and over October June 2001 such negotiations with health care insurers have 2004 taken place and that it would not be feasible to bring forward regulations given the differences in No. of persons covered by the medical card* 316,618 258,183 the health systems in these countries. Currently the operation of private health No. at higher capitation rate 111,065 None insurance in this country is subject to the pro- No. at ordinary rate 205,553 258,183 visions of the Health Insurance Acts 1994 to 2003, and incorporates community rating, open enrol- The cost of medical card coverage to persons ment and lifetime cover. The legislation requires aged 70 years and over in 2003 was \152.759 mill- all health insurers to operate on a “open enrol- ion in respect of doctors and pharmacists fees and ment” basis, in addition to offering community- drugs and medicines. The additional annual cost rated health insurance. Insurers are obliged to of providing medical cards to all persons aged 70 make cover available to all persons, including years and over was estimated at \51million in returning emigrants, who are under the age of 65 April 2002. The 2002 estimate of cost proved to regardless of whether or not they were previously be significantly understated because of discrep- covered, subject to prescribed waiting periods. ancies in the medical card data base for 2001 Generally, insurers are entitled to apply an initial which subsequently came to light. waiting period of 26 weeks in respect of persons aged under 55 and 52 weeks in respegt of those Cancer Screening Programme. aged 55 or over, prior to health insurance cover becoming fully effective. In addition, insurers are 89. Mr. Naughten asked the Ta´naiste and entitled to apply longer waiting periods in Minister for Health and Children the actions she relation to pre-existing conditions. is taking to address the prevalence, detection and Insurers participating in the Irish market are treatment of prostate cancer; and if she will make not obliged to offer cover to persons aged 65 and a statement on the matter. [26242/04] over, unless they were covered in a former health Ta´naiste and Minister for Health and Children insurance contract with a registered health (Ms Harney): Recently published data from the insurer, which had expired less than 13 weeks national cancer registry Ireland has shown that previously. Allowing insurers discretion to apply there is an increase in age standardised incidence waiting periods and on whether to accept new rates by approximately 6% per year during the applicants aged 65 and over is considered a neces- period 1994 to 2000. It is important to note that sary protection in a community-rated open enrol- age standardised mortality rates over the same ment environment and supports the principle of period have been falling by about 1% per year. inter-generational solidarity. The increase in incidence may reflect increased The Health Insurance (Amendment) Act 2001 rates of prostate cancer testing in Ireland in contains provision for the introduction of a recent years. The national cancer registry Ireland, system of “lifetime community rating” which will together with the Northern Ireland cancer regis- involve allowing health insurers to apply late try are about to commence a two year study on entry premium loadings to persons who delay prostate cancer, which will provide more detailed taking out insurance cover until, or after, the age information on the relationship between prostate of 35 years, thereby strengthening community rat- cancer testing and incidence trends. Appropriate ing. Under this system, access to cover will be treatment services are available regionally for open to persons aged 65 or over. While the pri- patients with prostate cancer. Any man who is mary legislation is in place, the detailed imple- concerned about prostate cancer should contact mentation of lifetime community rating will be by his general practitioner. way of secondary legislation. My Department has initiated work on the preparation of these regu- Question No. 90 answered with Question lations and they will be introduced as soon as is No. 40. practicable. The introduction of these regulations will broaden the scope for those persons aged 65 Health Insurance. and over who come to live in Ireland from abroad 91. Dr. Cowley asked the Ta´naiste and Minister to avail of health insurance cover. for Health and Children if the Government has Water Fluoridation. completed negotiating new regulations with American health care insurers that will enable 92. Mr. Boyle asked the Ta´naiste and Minister returning emigrants from the United States to for Health and Children if, in view of much new transfer their health care insurance to a health evidence, she will reconsider the Government care insurance company here; if she will outline policy of fluoridating water supplies; and if she the new regulations; if plans are completed or will make a statement on the matter. [26348/04] under way regarding regulations that will allow 106. Mr. Gormley asked the Ta´naiste and Mini- returning emigrants from Canada and Australia ster for Health and Children if, in view of much with health insurance in those countries to new evidence, she will now reconsider the transfer their cover to Ireland. [26239/04] 509 Questions— 28 October 2004. Written Answers 510

Government policy of fluoridating water supplies; based on Revised Estimates 2002. This increase and if she will make a statement on the in funding has allowed the health services to matter. [26577/04] address care areas outlined in the programme for Government 2002 and the health strategy 2001, Ta´naiste and Minister for Health and Children such as acute hospitals, disability services and ser- (Ms Harney): I propose to take Questions Nos. vices for older people, progressing towards the 92 and 106 together. highest quality of care for service users. Dis- As the Deputy is aware, a forum on fluori- cussions are continuing between the Minister for dation was established to review the fluoridation Finance and myself in regard to the 2005 of public piped water supplies in Ireland. The Estimates. forum report’s main conclusion was that the flu- oridation of public piped water supplies should Question No. 96 answered with Question continue as a public health measure. No. 17. The report of the forum on fluoridation made 33 recommendations covering a broad range of Departmental Properties. topics such as research, public awareness, policy and technical aspects of fluoridation and the 97. Ms Shortall asked the Ta´naiste and Mini- establishment of an expert body to oversee the ster for Health and Children the way in which it implementation of the recommendations. The is intended to dispose of the land, in regard to the expert body, to be known as the Irish expert body announcement by the Minister of State in July on fluorides and health, was set up earlier this last regarding the sale of hundreds of acres of year. The terms of reference of the expert body land from the country’s biggest psychiatric are: to oversee the implementation of the recom- hospitals; the names of the hospitals in question; mendations of the forum on fluoridation; to if these hospitals have been consulted regarding advise the Minister and evaluate ongoing the proposed land sale; if all such moneys will be research — including new emerging issues — on ring-fenced for investment in the psychiatric ser- all aspects of fluoride and its delivery methods as vices; and if she will make a statement on the an established health technology and as required; matter. [26324/04] to report to the Minister on matters of concern at Minister of State at the Department of Health his-her request or on its own initiative. and Children (Mr. T. O’Malley): Earlier this year, The expert body has broad representation, my Department requested health boards to pro- including from the areas of public health medi- vide it with detailed schedules of all proposals cine, engineering, management, environmental regarding planned disposal of property. The sale protection, environmental health, dentistry, and of assets in the health area will be used for health health promotion. I am pleased to inform the purposes, with the exception of a contribution Deputy that the body has a strong consumer towards social and affordable housing. input in terms of members of the public and rep- The information received from the health resentatives of consumer interests, in addition to boards in response to this request is being exam- the necessary scientific, managerial and public ined at present. Among the matters to be con- health inputs. The expert body will oversee the sidered in this context is the fulfilment of my implementation of the wide-ranging recommend- Department’s obligations in respect of the pro- ations of the forum and advise me on all aspects vision of lands for affordable housing. I believe it of fluoride going forward. would be inappropriate to provide further details in advance of the completion of this process. Question No. 93 answered with Question With regard to establishing the extent of the No. 43. total surplus properties available to the health services, it will be necessary to carry out a pro- Question No. 94 answered with Question fessional assessment/evaluation of the entire No. 35. health estate. This issue will be addressed by a group of senior officials of my Department in the Health Action Plan. near future. 95. Mr. Gogarty asked the Ta´naiste and Mini- ster for Health and Children if she is committed Health Service Reform. to increasing spending in order to implement 98. Mr. S. Ryan asked the Ta´naiste and Mini- properly the health strategy 2001; and if she will ster for Health and Children the progress made make a statement on the matter. [26346/04] to date with regard to implementation of the recommendations of the Hanly report; and if she Ta´naiste and Minister for Health and Children will make a statement on the matter. [26315/04] (Ms Harney): The total funding provided for the health services in the Revised Estimates Volume Ta´naiste and Minister for Health and Children 2004 was \10.08 billion. This provided for \9,570 (Ms Harney): The Government is committed to million current funding, a rise of 9% over the out- implementing the Hanly report in a way that will turn 2003, and \510 million capital funding, command the confidence of people in each approximately. Since 2001 the total increase in region. Implementation of some of the report’s the Health Estimate has been \1,093 million, key proposals has been hampered by industrial 511 Questions— 28 October 2004. Written Answers 512

[Ms Harney.] county councils in each forum’s functional area. action taken by hospital consultants. My prede- The objective of the regional forums will be to cessor appointed implementation groups in the enable informed dialogue and consultation two phase 1 regions, and an acute hospitals between the Health Service Executive and the review group to develop a national hospitals plan. public at local level. The operation of the regional These groups have not been able to meet due to forums will complement the role of the Joint the non-participation of consultants. Oireachtas Committee on Health and Children in Work on other elements of the Hanly pro- reflecting the views of public representatives in posals is progressing. Detailed assessments have the ongoing oversight of the health system. been prepared of the service and resource impli- The board of the interim Health Service cations of the forthcoming reduction in non-con- Executive was set up last November. Under its sultant hospital doctors’, NCHDs, working hours establishment order, the interim executive has in each health agency. Negotiations with the Irish responsibility, subject to ministerial approval, to Medical Organisation on the reduction in NCHD plan the establishment of a national unified struc- hours required under the European working time ture for the delivery of health services. This directive are continuing in the Labour Relations includes responsibility for the integration of the Commission. Local implementation groups for management, administrative and service delivery this purpose are being established in eight structures of the health boards. hospitals as part of an agreed pilot process. The Government decision provided that the The sub-group of the national task force on primary, continuing and community care direc- medical staffing which dealt with medical edu- torate, to be established within the HSE, would cation and training issues has remained in place. be supported by a network of four regional health The group has been asked to examine and report offices, and the existing community care areas to me on the measures required to accommodate based on 32 local health offices. NCHD training in all postgraduate programmes On foot of proposals from the interim Health and safeguard both training and service delivery Service Executive, the former Minister for Health during the transition to a 48-hour working week. and Children, Deputy Michea´l Martin, on 28 Sep- The group has agreed a joint approach to training tember 2004 jointly announced with Mr. Kevin with the medical training bodies and the Medical Kelly, executive chairman of the interim HSE, Council, and has provided formal advice on the the four regional areas of the HSE. provision of medical education and training in a As proposed by the interim Health Service 58-hour working week. Executive, the local health office will be the pri- Consultant contract negotiations are paused mary service delivery unit in each community, pending resolution of issues related to medical and the regional health offices will co-ordinate indemnity arrangements. However, significant services where they span more than one local preparatory work has been undertaken in antici- area and will be responsible for performance pation of substantive negotiations with the medi- management, translating national policies cal organisations. through the local areas and gathering and relaying information on a regional basis. Interac- Health Service Reform. tion with local communities and their elected 99. Mr. Rabbitte asked the Ta´naiste and Mini- public representatives will also be a part of their ster for Health and Children when legislation will functions. It is envisaged that they will employ be introduced to provide for the four new health somewhere in the region of 25 to 35 staff. service regions, announced by her predecessor on Cancer Screening Programme. 28 September 2004; the proposed powers of the new regions; the provision there will be for demo- 100. Mr. English asked the Ta´naiste and Mini- cratic accountability in the new structures; and if ster for Health and Children if the cervical scre- she will make a statement on the matter. ening programme established in the mid-west has [26312/04] successfully screened high risk groups; and if she will make a statement on the matter. [26229/04] Ta´naiste and Minister for Health and Children (Ms Harney): The Government’s decision of June Ta´naiste and Minister for Health and Children 2003 on the health services reform programme, (Ms Harney): A pilot cervical screening pro- will consolidate the multiplicity of different struc- gramme commenced in October 2000 and is avail- tures within a single agency, the Health Service able to eligible women resident in the Mid-West- Executive, HSE. To that end, I propose to submit ern Health Board region. Under the programme, a new Health Bill to Government shortly which cervical screening is being offered, free of charge, will deal with the establishment of the Health to approximately 74,000 women in the 25 to 60 Service Executive. age group, on a structured call and recall basis, at The new Health Bill will also provide for the five year intervals. All women in the age cohort establishment of regional forums by me as the are eligible to avail of the programme. Minister for Health and Children, following con- The aim of the cervical screening programme sultation with the Minister for the Environment, is to detect abnormal pre-cancerous conditions in Heritage and Local Government. Members will asymptotic women which, if left untreated, may be nominated to the forums by the city and become cancerous. To date, 45,000 women have 513 Questions— 28 October 2004. Written Answers 514 availed of screening. The vast majority of women veillance Centre for immunisation uptake relate participating are aged 25-44 years. to the second quarter of 2004. The statistics relate to children who have received three doses of vac- Vaccination Programme. cines against diphtheria, pertussis, tetanus, Hib — Haemophilus Influenzae Type B, polio, and men- 101. Mr. Connaughton asked the Ta´naiste and ingococcal group C; and one dose of vaccine Minister for Health and Children if her Depart- against measles, mumps, and rubella, MMR1. ment has made inquiries or reached conclusions In Quarter 2, 2004, the national uptake rate for regarding the reason such large variations in the vaccines against diptheria, pertussis, tetanus, Hib vaccination rates exist between different regions and polio was 88-89% at 24 months — Table 1. of the country. [26221/04] The uptake rate for menC vaccine was 87% and Ta´naiste and Minister for Health and Children the uptake rate for MMR1 was 81%. Two health (Ms Harney): In Ireland, immunisation uptake is boards reached the target rate of 95% uptake for routinely calculated on a quarterly basis among diptheria and tetanus. One of these health boards children at 12 and 24 months of age. The latest also reached the target rate of 95% for pertussis figures available from the National Disease Sur- and polio.

Table 1 Immunisation uptake rates by health board in Quarter 2-2004.

D3 P3 T3 Hib3 Polio3 MenC MMR1

%%% % % % % ERHA 86 86 86 86 86 84 76 MHB 93 92 93 93 93 93 91 MWHB 89 88 89 89 89 88 84 NEHB 95 94 95 94 94 93 84 NWHB 95 95 95 94 95 94 87 SEHB 91 90 91 91 91 90 86 SHB 87 86 87 87 87 86 82 WHB 90 90 90 90 90 86 76 IRELAND 89 88 89 89 89 87 81 D3 = Diptheria, P3 = Pertussis, T3 = Tetanus. Hib3 = Haemophilus Influenzae Type B. MenC = Meningococcal Disease Group C. MMR = Measles, Mumps, Rubella. Uptake, particularly in relation to MMR, falls parents. The pack is set out in question and short of the national target of 95%. I am con- answer format and addresses such issues as the cerned about the unsatisfactory immunisation alleged link between MMR and autism and uptake rates in childhood immunisations because Crohn’s disease, the safety and side effects of the of the risk of non-immunised children contracting vaccine, the purpose of a second dose of vaccine, the potentially serious diseases concerned. The combined vaccine versus single doses and contra- outbreak of measles in 2000, which resulted in indications to the vaccine. The pack enables three deaths and approximately 2,000 cases, is health professionals to respond to the very real evidence of the consequences of insufficient concerns of parents. immunisation uptake. On a positive note, since the introduction of There is concern among some parents in the national immunisation programme against relation to the measles, mumps and rubella, group C meningococcal disease in October 2000 MMR, vaccine. Negative coverage on this issue there has been a dramatic reduction in this dis- has added to the confusion of parents in deciding ease in Ireland. The aim of this programme was whether or not to vaccinate their children. In to immunise all children and young people up to April 2002, the MMR vaccine discussion pack, an the age of 22 against the disease. Data provided information guide for health professionals and by the NDSC indicates that between January and parents, was launched. The pack was produced by September 2004 five cases of the disease were the NDSC and the Department of Public Health, notified compared to 121 cases in the same period Southern Health Board, and was published by in 2000, a reduction of 96%. This represents a HeBE on behalf of the health boards. The pack very significant reduction and highlights the sets out the facts in relation to the most common importance and success of the campaign. concerns about MMR in a way that will help The health board CEOs established a national health professionals and parents to explore these immunisation steering committee to address a concerns together, review the evidence in relation wide range of issues relating to the childhood and to MMR and provide the basis for making an other immunisation programmes including the informed decision. The information is presented identification of issues that are hampering the in such a way as to allow full discussion between achievement of uptake targets. The steering com- health professionals and parents on each issue. mittee was assisted by four working groups, which The pack also contains an information leaflet for examined the following areas in relation to immu- 515 Questions— 28 October 2004. Written Answers 516

[Ms Harney.] date on the opening of the new Ballymun health nisation: (a) communication; (b) materials man- centre; and if she will make a statement on the agement; (c) IT systems; and (d) planning and matter. [26203/04] organisation. The report of the steering committee was Ta´naiste and Minister for Health and Children launched in April 2002. This report is an (Ms Harney): The former Eastern Health Board important step towards improving immunisation and its successors the Eastern Regional Health uptake and also enhancing and developing the Authority and the Northern Area Health Board, key systems which underpin the immunisation in conjunction with Ballymun Regeneration Lim- programmes. In July 2003, a national immunis- ited — a wholly-owned subsidiary of Dublin City ation implementation group was established and Council — proceeded with the development of is responsible for co-ordinating the planning and Ballymun primary care centre in the absence of implementation of immunisation programmes in my Department’s involvement or approval; order to improve uptake. This group reports to consequently, my Department must conduct an the national steering committee. evaluation of this project. The Deputy will Following consideration of proposals in appreciate that a detailed examination of this relation to childhood immunisation which were development is a fundamental requirement for submitted by the national implementation group those who are accountable for approving it. through the Health Boards Executive, HeBE, on My Department commenced an evaluation of behalf of the health boards, \2.116 million was this project when the ERHA and the NAHB allocated by my Department in 2003 to fund sought funding last year for the provision and fit- initiatives to improve childhood immunisation out of these facilities — as construction work uptake. A further \2.778 million has been allo- approached completion on site. This evaluation is cated for that purpose this year. Funding in the ongoing and to date, it has concentrated on con- region of \800,000 has been allocated to health firming all necessary compliance with relevant boards via HeBE specifically for regional and obligations in respect of public procurement. The localised projects which will focus on measures to evaluation must also address the normal criteria improve immunisation uptake. applicable to health capital developments, includ- In 2003, CEOs in all health boards and the ing the scope, the functional content and the ERHA were asked to ensure that specific immu- overall funding requirements of the project, nisation measures were prioritised in all regions particularly the recurrent non-capital element in order to prevent a serious measles outbreak. involved in this case. Health boards have undertaken a range of On satisfactory completion of this evaluation measures in their regions in order to improve vac- my Department will be in a position to make a cine uptake in their region. These include: infor- recommendation in respect of the provision of mation sessions for professionals, for example, funding for this project. My Department is mak- doctors and nurses in the area; information ses- ing every effort to bring this matter to a con- sions for parents; distribution of information to clusion and is continuing to work closely with the the public e.g. leaflets on MMR available in ERHA to resolve the outstanding issues as public areas; advertisements taken out in local quickly as possible. papers; advertisements on local radio stations; advice regarding immunisation, including MMR, Mental Health Services. forms part of every public health nurse consul- tation with parents; information leaflets displayed 104. Ms Shortall asked the Ta´naiste and Mini- prominently in all health centres; information ster for Health and Children if her attention has given to schools regarding the booster MMR; fol- been drawn to the call made by Mental Health low up of parents by letter and telephone where Ireland for the establishment of a national children have not been vaccinated; follow up with strategy on mental health; if it is intended to GPs and nurses regarding children in their area respond to this call; and if she will make a state- who have not been vaccinated; and information ment on the matter. [26325/04] sessions for staff. Minister of State at the Department of Health I would like to take this opportunity to again and Children (Mr. T. O’Malley): The National urge all parents to have their children immunised Health Promotion Strategy 2000-2005 recognises against the diseases covered by the childhood that mental health is equally important as physi- immunisation programme in order to ensure that cal health to the overall well being of a person both their children and the population generally and poor mental health has a significant impact have maximum protection against the diseases on a person’s quality of life and their contribution concerned. to society. For that reason mental health is a resource that needs to be protected and Question No. 102 answered with Question promoted. No. 26. An expert group on mental health policy has recently been set up to develop a national policy Health Board Services. framework for mental health. On foot of sub- 103. Mr. R. Bruton asked the Ta´naiste and missions made to the expert group, a sub-group Minister for Health and Children the progress to on mental health promotion and the prevention 517 Questions— 28 October 2004. Written Answers 518 of mental ill-health has been established to exam- ments scheme, a person and his-her dependants ine the issues around the promotion of positive will not have to pay more than \78 in any calen- mental health. It is envisaged that the group will dar month for approved prescribed drugs and make recommendations, based on best practice medicines. and current policy, for the inclusion for mental Health Board chief executive officers have health promotion and prevention of mental ill discretion in relation to the issuing of medical health in the new national policy framework, as cards and a range of income sources are excluded well as identifying and recommending priority by the health boards when assessing medical card areas for action. The expert group is due to report eligibility. Despite someone having an income in 2005. that exceeds the guidelines, a medical card may still be awarded if the chief executive officer con- Services for People with Disabilities. siders that a person’s medical needs or other cir- 105. Mr. Connaughton asked the Ta´naiste and cumstances would justify this. It is open to all per- Minister for Health and Children the reason sons to apply to the chief executive officer of the school transport charges have risen so steeply in appropriate health board for health services if the case of a person (details supplied) in County they are unable to provide these services for Galway; if her attention has been drawn to the themselves or their dependants without hardship. huge increase in payment being sought for trans- The health strategy includes a whole series of port and that a family on social welfare cannot initiatives to clarify and expand the existing afford such payment; and if she will make a state- arrangements for eligibility for health services, ment on the matter. [26473/04] including recommendations arising from the review of the medical card scheme carried out by Minister of State at the Department of Health the health board CEOs under the PPF which and Children (Mr. T. O’Malley): The provision of include: streamlining applications and improving transport for people with disabilities is a matter the standardisation of the medical card appli- for the relevant health board. Accordingly, a copy cations process to ensure better fairness and of the Deputy’s question has been forwarded to transparency; providing clearer information to the chief executive officer, Western Health people about how and where to apply for medical Board, with a request that she examine the case cards; and proactively seeking out those who and reply directly to the Deputy as a matter of should have medical cards to ensure they have urgency. access to the services that are available. In addition, my Department is committed to Question No. 106 answered with Question the preparation of new legislation to update and No. 92. codify the whole legal framework for eligibility Medical Cards. and entitlements in regard to health services. 107. Dr. Cowley asked the Ta´naiste and Mini- Question No. 108 answered with Question ster for Health and Children if she can increase No. 66. the financial threshold in order that the 200,000 extra medical cards promised can be delivered, Genetically Modified Organisms. and that those on the minimum wage have a medical card; and if she will make a statement on 109. Dr. Upton asked the Ta´naiste and Mini- the matter. [26673/04] ster for Health and Children if she has had dis- cussions with the Office of Consumer Affairs and Ta´naiste and Minister for Health and Children the Food Safety Authority of Ireland concerning (Ms Harney): The Government is fully commit- prosecuting and fining companies that falsely ted to the extension of medical card coverage as label food products as being free of genetically set out in the health strategy. This will focus on modified ingredients; if her attention has been people on low incomes. The timing of the intro- drawn to claims from the FSAI that several com- duction of the extension will be decided having panies have labelled products as genetically regard to the prevailing budgetary position. modified free in spite of the fact that FSAI tests Income guidelines are drawn up each year by indicated that genetically modified ingredients the health board-authority chief executive were present in the foods; and if she will make a officers to assist in the determination of a per- statement on the matter. [20092/04] son’s eligibility for a medical card and these are revised annually in line with the consumer price Minister of State at the Department of Health index. The last such increase was notified in Janu- and Children (Mr. T. O’Malley): The Food Safety ary 2004. Authority of Ireland, FSAI, is the competent For those who do not qualify for a medical card authority in Ireland for the enforcement of EU there are a number of schemes that provide legislation regarding food derived from geneti- assistance towards the cost of medication. Under cally modified organisms, GMOs, generally the long-term illness scheme persons suffering referred to as GM food. This includes the from a number of conditions can obtain the drugs enforcement of food labelling provisions for and medicines required for the treatment of that which the FSAI carries out checks on the market condition free of charges. Under the drug pay- place for compliance. 519 Questions— 28 October 2004. Written Answers 520

[Mr. T. O’Malley.] The FSAI is actively engaging with retailers to Ireland, in common with other member states address the problem of foods inaccurately lab- and as required by EU rules, applies EU legis- elled as GM-free, an approach that is also being lation on GM Foods. EU legislation on GM foods used in addressing other labelling inaccuracies. is in the form of EU regulations which are This approach places the onus on the retailer to directly applicable to and binding on each remove specific affected batches from the shelves member state. My Department is currently work- and to liaise with their suppliers in order to either ing on introducing measures into national legis- rectify any labelling inaccuracies or have that lation which will allow for enforcement measures product line restricted or discontinued. In this including penalties in the case of non-compliance way inaccurate labelling can be more quickly with the recently adopted EU regulations. addressed without the immediate need for legal The regulation on GM food and feed — EC action which would tie up scarce resources for No. 1829/2003 — shifts the basis for labelling long periods. from presence-detection of genetically modified The FSAI is constantly engaged in educating DNA or protein, to apply to any products pro- industry as to the implications of the recent duced or derived from GM material, regardless of changes in EU regulations on GMOs, including the presence-detectability of genetically modified the issue of labelling. To this end, and in conjunc- material. In order to ensure the practicability and tion with Departments and industry organis- ations, the FSAI is formulating a guidance note feasibility of this regulation, a labelling threshold for industry which will highlight the impact of the applies to foods containing material which con- legislation with regard to GMOs and all derived tains, consists of or is produced from GMOs. The products. threshold applies to the adventitious and techni- It must be stressed that no product consisting cally unavoidable presence of authorised geneti- of, containing or derived from GMOs can be cally modified material in a proportion no higher authorised for marketing without first having than 0.9 % of the food ingredients considered undergone the appropriate safety assessment. individually or food consisting of a single Consequently, I am satisfied that appropriate ingredient. arrangements are in place to ensure the safety of This threshold recognises that despite the fact authorised GM foods, or foods containing GM that some operators avoid using GMOs, such ingredients placed on the market in Ireland. Con- material may gain access to conventional food sumer safety and consumer choice are paramount and feed in minute traces as a result of adven- in the approach taken to GM foods, as reflected titious or technically unavoidable co-mingling in the extent of the legislation developed to deal during production, cultivation, harvest, transport, with this sensitive area. Government policy on storage or processing. GM foods is based on the advice that no credible The FSAI has in the past identified certain evidence has yet been provided to show that GM products bearing labels identifying the product as foods pose a risk to human health. GM-free when in fact a level of GM was present, 110. Dr. Upton asked the Ta´naiste and Mini- albeit lower than the 0.9% threshold. Currently ster for Health and Children her views on the the FSAI is specifically examining foods carrying European Commission decision to authorise the GM-free type labels with a view to the authen- marketing of a genetically modified form of ticity of such labels. Article 2 of Directive sweetcorn, thus ending the six-year ban on new 2000/13/EC of the European Parliament and of genetically modified foods in the EU; her further the Council of 20 March 2000 on the approxi- views on the consequences of this decision for the mation of the laws of the member states relating marketing of more genetically modified foods to the labelling, presentation and advertising of throughout the EU; and if she will make a state- foodstuffs, provides that labelling must not mis- ment on the matter. [20091/04] lead the purchaser as to the characteristics of the foodstuff and in particular, as to its nature, ident- Minister of State at the Department of Health ity, properties, composition, method of pro- and Children (Mr. T. O’Malley): On 19 May 2004, duction and manufacturing. The use of GM-free the European Commission authorised the placing type labelling is voluntary and legal when no GM on the market of sweetcorn from genetically ingredients are present in a food where GM modified maize line Bt11. The significance of this ingredients could be found. However, it is not decision is that granting the approval in this case legal under the general labelling directive to label ended an almost six year de facto moratorium something as GM-free when there is actually no during which no new GM events, be they food, GM variety of that food or ingredient available feed or the deliberate release of crops, were as this could mislead the purchaser. For example, approved within the EU. labelling milk as GM free is not legal since there This decision taken by the Commission was the is no GM milk available. The views of the FSAI result of the decision making process known as on GM-free labels and the actions taken to comitology. In order to grant Community author- address the problem have received the support isation, a draft Commission decision was submit- of many other member states and the European ted to the Standing Committee on Food Chain Commission at Standing Committee level . and Animal Health on 8 December 2003. 521 Questions— 28 October 2004. Written Answers 522

However the necessary qualified majority was not to facilitate the freedom of choice between new achieved. Under comitology rules it was then and more traditional food products. There are necessary for the Commission to put forward a eight current applications for authorisation of proposal to Council for a vote on the application. GM foods. It is expected that of these eight, only If Council were to fail to come to a decision or maize lines NK603, GA21 and MON 863 will fol- fail to act on the proposal within three months of low the approvals procedure under Regulation having received it the proposal would then revert (EC) No. 258/97. Any future applications will fol- back to the Commission for a decision. The pro- low the approvals procedure set out under Regu- posal was put on the agenda of the Agriculture lation (EC) No. 1829/2003. Council on April 26 in order for Council to meet its obligation to act before the end of April 2004. Food Poisoning. However, the Agriculture Council did not 111. Dr. Upton asked the Ta´naiste and Mini- achieve a qualified majority either for or against ster for Health and Children if her attention has the proposal. Consequently, on 19 May 2004, the been drawn to the recent increase in the number European Commission authorised the placing on of cases of food poisoning caused by salmonella the market of sweet corn from genetically modi- Newport in Northern Ireland; if she will take fied maize line Bt11. steps to keep the public reminded of the need Ireland, represented by the Department of for constant vigilance in the preparation, handling Health and Children at the Standing Committee and storage of food; and if she will make a state- on the Food Chain and Animal Health and by ment on the matter. [24510/04] the Department of Agriculture and Food at the Agriculture Council, supported this proposal. Minister of State at the Department of Health Ireland’s decision to support the proposal was and Children (Mr. T. O’Malley): The National taken after consultation with the Food Safety Disease Surveillance Centre, NDSC, plays a key Authority of Ireland, FSAI, and was based on the role in relation to the prevention and manage- scientific risk assessment undertaken on this ment of infectious diseases in this country. Infor- product, initially by the Netherlands’ food assess- mation provided by the NDSC indicates that sal- ment body and subsequently by the EU Scientific monella Newport is an uncommon variety of Committee on Food which concluded that Bt11 salmonella. It accounts for about 1-2% of all sal- sweet maize is as safe for human food use as con- monella infection in Europe but it is responsible ventional sweet maize. for a considerably higher proportion of infection in the United States. It produces the same symp- The FSAI is the competent authority in Ireland toms as other strains of salmonella including diar- for the legislation governing GM food. It does not rhoea, vomiting and fever. Most cases of illness give blanket approval to GM foods but individu- are mild and short lived, if unpleasant. While a ally evaluates, on its own merits, each application significant minority of cases are ill enough to to place a new GM food on the EU market. The require hospitalisation, life-threatening illness FSAI is satisfied that based on the best scientific and death are rare. Salmonella infection usually evidence available, all of the GM foods and results from undercooked foods, especially eggs, ingredients currently on the EU market are as poultry and pork, or by cross-contamination from safe as those derived from their non-GM raw to prepared food. counterparts. The current outbreak of salmonella Newport in The authorisation of Bt11 follows upon the the United Kingdom came to light when an introduction in November 2003, of Regulation increase in this relatively rare salmonella was (EC) No 1829/2003 on GM Food and Feed which noticed by the UK Health Protection Agency, replaces the GM part of the Novel Food Regu- HPA. The authorities have established epidemi- lation (EC) No 258/97, and heralded the com- ological evidence indicating that the illness has pletion of the new tranche of EU legislation in been associated with consumption of lettuce from the area of GMOs. The objective of this regu- restaurants, fast food and take away premises. lation, in accordance with the general principles However, this has not been confirmed by identifi- laid down in European food safety legislation, is cation of the bacteria from food samples to provide the basis for ensuring a high level of analysed. protection of human life and health, animal In response to evidence which suggested that health and welfare, environment and consumer the lettuce implicated in the UK outbreak was interests in relation to GM food and feed, while supplied to catering premises only and not to ensuring the effective functioning of the internal retail traders, the Food Safety Authority of market. Also introduced at that time was Regu- Ireland took the precautionary step of issuing lation (EC) No 1830/2003 on traceability and detailed advice to caterers preparing lettuce. labelling of GMOs and traceability of food and Food businesses were also reminded of the need feed produced from GMOs. The objective of this to maintain good hand washing practices and regulation is to provide for an improved labelling hygiene practices in kitchens in order to minimise and traceability framework for GM-food and the risk of causing this type of illness. GM-feed and came into effect in April 2004. It The NDSC and the interim national salmonella aims to respond to citizens’ demands for more reference laboratory in Galway have been moni- and better information on GMOs, and the need toring the situation closely. One case of salmon- 523 Questions— 28 October 2004. Written Answers 524

[Mr. T. O’Malley.] viously carried out reviews of the various sup- ella Newport, associated with the United ports-payments for people with disabilities. Kingdom outbreak, has been diagnosed in the However, these reviews have tended to focus Republic of Ireland. The patient, a resident of the solely on the operation of individual schemes, Republic of Ireland, had consumed food in without taking a broader view of how these Northern Ireland and the illness was diagnosed measures fit into the overall system of disability on returning home. Two other cases of Salmon- supports. The working group proposes to exam- ella Newport earlier in the year in the Republic ine the scope for rationalising and streamlining of Ireland were associated with overseas travel the various disability supports measures, with a and are not part of the United Kingdom focus on mitigating the additional costs of dis- outbreak. ability for a greater number of people with dis- abilities, particularly in the case of those who Social Welfare Benefits. wish to move from total welfare dependence to 112. Mr. Penrose asked the Ta´naiste and Mini- greater economic independence. The working ster for Health and Children her approach to a group is following up these various matters. recommendation from the Disability Federation 113. Mr. Penrose asked the Ta´naiste and Mini- of Ireland that a cost of disability payment should ster for Health and Children if, in view of the be introduced for persons with a disability cur- high cost of hospitalisation for long-stay children, rently in receipt of a means-tested social welfare she has plans to amend the terms of the domicili- payment; and if she will make a statement on the ary care allowance, which is discontinued when a matter. [23315/04] child who normally lives at home is absent from Minister of State at the Department of Health the home for eight weeks or more; and if she will and Children (Mr. T. O’Malley): Under the Pro- make a statement on the matter. [23322/04] gramme for Prosperity and Fairness, an interde- Minister of State at the Department of Health partmental working group, chaired by the and Children (Mr. T. O’Malley): The domiciliary Department of Health and Children, was estab- care allowance, DCA, was introduced in 1973 by lished to examine the feasibility of introducing a way of circular 24/73 and is payable under section cost of disability payment — PPF3.10.11. 61 of the Health Act 1970. DCA is a monthly The National Disability Authority, on behalf of allowance administered by health boards and the working group, and in line with its own remit, may be paid in respect of eligible children from commissioned research into the feasibility of such birth to the age of 16 who have a severe disability a payment in Ireland. The purpose of this requiring continual or continuous care and atten- research was to advise regarding the additional tion, which is substantially in excess of that nor- costs incurred by people with disabilities, owing mally required by a child of the same age. The specifically to the direct or indirect costs of the condition must be likely to last for at least one disability and the appropriate mechanisms or year. instruments by which to address identified Eligibility is determined primarily by reference additional costs. The resultant report, Disability to the degree of additional care and attention and the Cost of Living, was published by the required by the child rather than to the type of NDA early in 2004. disability involved, subject to the means test. The working group produced a position paper While no condition is debarred, conditions such in March this year, which gave an overview of the as asthma, diabetes or epilepsy are not normally work it had undertaken. It outlined the group’s considered unless significant additional care and current thinking and also gave an indication of attention is required. Since the allowance is the next steps the group intends taking. The intended as a recognition of the additional bur- working group recommends that urgent steps den involved in caring for children with a severe should be taken to improve the quality of data disability in the their homes, it does not apply to relating to disability in Ireland. This might children who are maintained full time in residen- include, for example, adjustment of existing data tial homes, schools or other institutions. Eligible gathering exercises undertaken by the Central children in part-time residential care who go Statistics Office or other relevant bodies to home at weekends or holidays may receive a pro include questions on the numbers per household rata payment, that is, a nightly rate based on the with disabilities, the nature of the disability, number of nights spent at home — nightly rate is severity of impairment, etc. The working group equal to the monthly rate multiplied by 12 and considers that it is vital that comprehensive data divided by 365. However, the allowance is paid in should be available on which to base consider- full in cases where eligible children who live full ation of the feasibility of a cost of disability pay- time at home are absent for periods of not more ment. Given its advisory and research remit, the than eight weeks in a 12-month period, that is, working group considers that the National Dis- hospital admissions or respite. There are no plans ability Authority has an important role to play in to amend the terms of the DCA in this regard. addressing these data gaps along with other rel- evant bodies. Hospital Accommodation. The working group acknowledges that a number of Departments and agencies have pre- 114. Mr. Ferris asked the Ta´naiste and Minister 525 Questions— 28 October 2004. Written Answers 526 for Health and Children if she will make a state- Health Board Services. ment on the proposed development of the new 116. Mr. Ring asked the Ta´naiste and Minister hospital at Dingle. [26417/04] for Health and Children the reason incorrect Ta´naiste and Minister for Health and Children information was sent out in reply to Question No. (Ms Harney): The provision of health services in 848 of 29 September 2004 by the Western Health the Kerry area is a matter for the Southern Board relating to a person (details supplied) in Health Board. The board, in consultation with my County Mayo; and if she will investigate this Department decided, to build a new 72-bed com- matter in full. [26419/04] munity hospital in Dingle, County Kerry, to Ta´naiste and Minister for Health and Children replace the existing hospital. The new hospital (Ms Harney): The provision of hospital services will comprise a mix of beds for continuing care, for people resident in County Mayo is the rehabilitation-convalescent, respite, palliative responsibility of the Western Health Board. I care beds and beds that will be used for direct understand from the board that the appointment admissions by the local GP-primary care team. In for the person in question had to be deferred due addition, there will be a central module, a day to unanticipated leave by the consultant ophthal- care unit, a mental health day care unit and an mic surgeon and a letter was issued to the person ambulance base. on 7 October 2004 with a new appointment date The next step in the progressing of the Dingle of 18 November 2004. The board regrets any dis- project to construction is to invite tenders for the tress caused to the person due to this construction of the project. A decision on pro- rescheduling. gressing this project will be considered by my Department in the context of the significant Vaccination Programme. additional revenue funding and staff that will be 117. CaoimhghınO´ Caolain asked the Ta´naiste required by the board to operate the new hospital ´ ´ and Minister for Health and Children the way in and having regard to the board’s employment which her Department independently monitors ceiling and funding available to my Department. and screens vaccines imported into Ireland in order to provide safeguards against contami- Proposed Legislation. nation. [26420/04] 115. Ms McManus asked the Ta´naiste and 118. Caoimhghı´nO´ Caola´in asked the Ta´naiste Minister for Health and Children when she and Minister for Health and Children if contami- intends to introduce the long awaited human tis- nated stocks of a drug (details supplied) were dis- sue legislation; and if she will make a statement tributed in the State prior to the notification on the matter. [26418/04] given to the Irish Medical Board on 9 September Ta´naiste and Minister for Health and Children 2004 of sterility problems with the product; the (Ms Harney): An EU directive on standards of steps which were taken to prevent distribution of quality and safety in relation to human tissues the contaminated drug; and if she will make a and cells was adopted on 31 March 2004. The statement on the matter. [26421/04] directive sets minimum standards with regard to Ta´naiste and Minister for Health and Children the donation, procurement, testing, processing, (Ms Harney): I propose to take Questions Nos. storage and distribution of human tissues and 117 and 118 together. cells for human applications. The directive must The Irish Medicines Board, IMB, is the be transposed in member states by 6 April 2006 national competent authority responsible for the and this will give Ireland a framework on which licensing of the manufacture, preparation, to build the legislative base for all such activities. importation, distribution and sale of all medicinal Work has commenced on the drafting of legis- products for use in Ireland. lation to transpose the directive and on identi- There are inspectors in each competent auth- fying the other steps to be taken to ensure com- ority in Europe. If the manufacturing site is in pliance with it. Ireland, inspectors from the IMB inspect to see The European Commission is considering the that the products are made to the appropriate question of a directive in respect of organ trans- quality and, if so, issue the manufacturing licence, plantation, including the issue of consent, and which is recognised by the rest of Europe. In the proposes to conduct a thorough scientific eval- case of the flu vaccine, the manufacturing site is uation of the situation. It will present a report on in the UK and, therefore, the Medicines and its analysis to the Council of the European Union Healthcare Products Regulatory Agency, as soon as possible. It is hoped this will provide MHRA, inspectors inspect the manufacturing site the framework for the development of legislation and grant, suspend etc., the manufacturing in this area. In the meantime, it is intended to licence. The UK inspectors inform the Irish Medi- establish an expert group to review organ cines Board of their findings as necessary. Apart donation, procurement and utilisation policy in from the quality controls at the manufacturing Ireland. The work of this group will inform site, after a batch of vaccine is released from the Ireland’s contribution to the discussions on the manufacturing site but before it reaches the Irish proposed directive on organs. market, it is a condition of the licence that, “No 527 Questions— 28 October 2004. Written Answers 528

[Ms Harney.] that exceeds the guidelines, a medical card may batch shall be marketed in Ireland unless first still be awarded if the chief executive officer con- released in accordance with Article 4 of Directive siders that a person’s medical needs or other cir- 89/342/EEC.” This means a batch of vaccine cumstances would justify this. It is open to all per- cannot be imported or used in Ireland unless first sons to apply to the chief executive officer of the released by an independent control agency. No appropriate health board for health services if stocks of Fluvirin vaccine manufactured at the they are unable to provide these services for Chiron site in Liverpool arrived in Ireland. There themselves or their dependants without hardship. are no quality relating to the influenza vaccine, The health strategy includes a series of initiat- Agrippal, that came to Ireland from the Chiron ives to clarify and expand the existing arrange- manufacturing site in Italy. ments for eligibility for health services, including recommendations arising from the review of the Child Care Services. medical card scheme carried out by the health board CEOs under the PPF, which include stre- 119. Caoimhghı´nO´ Caola´in asked the Ta´naiste and Minister for Health and Children about the amlining applications and improving the stan- discussions taking place with the Department of dardisation of the medical card applications pro- Health, Social Services and Public Safety in cess to ensure better fairness and transparency; Northern Ireland on the establishment of a providing clearer information to people about North-South child protection forum; the progress how and where to apply for medical cards; and which has been made on same; and if she will proactively seeking out those who should have make a statement on the matter. [26422/04] medical cards to ensure they have access to the services that are available. In addition, my Minister of State at the Department of Health Department is committed to the preparation of and Children (Mr. B. Lenihan): No discussions new legislation to update and codify the entire have taken place. An initial meeting has been legal framework for eligibility and entitlements in arranged for 17 November 2004. regard to health services.

Medical Cards. Hospital Services. 120. Ms Cooper-Flynn asked the Ta´naiste and 121. Ms Cooper-Flynn asked the Ta´naiste and Minister for Health and Children the steps which Minister for Health and Children the steps which can be taken as a matter of urgency to allow free will be taken, given the demands of the working medical attention to low income families which time directive, to provide extra training places are currently denied access to medical attention and institutional support for doctors and other as a result of too low an eligibility threshold for medical professionals. [26424/04] the medical card. [26423/04] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The report of the national task (Ms Harney): The Government is fully commit- force on medical staffing — Hanly report — sets ted to the extension of medical card coverage, as out the changes needed in NCHD work patterns; set out in the health strategy. This will focus on a series of reforms in medical education and people on low incomes. The timing of the intro- training, the number of additional consultants duction of the extension will be decided having needed and how they should work under a signifi- regard to the prevailing budgetary position. cantly revised contract. The report emphasised Income guidelines are drawn up each year by that change could not be achieved without reform the health board-authority chief executive of acute hospital services. While additional medi- officers to assist in the determination of a per- cal training places will be required to implement son’s eligibility for a medical card and these are the restructuring the ratio of consultants to non- revised annually in line with the consumer price consultant hospital doctors, it is not anticipated index, CPI. The last such increase was notified that additional training places will be required in January 2004. A number of schemes provide specifically to meet the requirements of the assistance towards the cost of medication for directive. those who do not qualify for a medical card. Following the publication of the Hanly report, Under the long-term illness scheme, persons suf- the medical education and training group, MET, fering from a number of conditions can obtain the which formed part of the task force, remained in drugs and medicines required for the treatment place to ensure NCHDs can access high quality of that condition free of charges. Under the drug training while the EWTD is being implemented. payments scheme, a person and his-her depend- The group comprises representatives from the ants will not have to pay more than \78 in a cal- Medical Council, health employers, various statu- endar month for approved prescribed drugs and tory agencies and the IMO. The MET group pub- medicines. lished a set of training principles agreed with the Health board chief executive officers have Medical Council, each of the postgraduate train- discretion regarding the issuing of medical cards ing bodies and the Department in July 2004. The and a range of income sources are excluded by agreed principles will be used by employers and the health boards when assessing medical card training bodies when discussing new rosters — eligibility. Despite someone having an income both at national and local level. Local implemen- 529 Questions— 28 October 2004. Written Answers 530 tation groups will be tasked with progressing the vices directed at the care of older persons; and if principles, which are available on the Depart- she will make a statement on the matter. ment’s website at www.doh.ie. Separately, the [26425/04] DOHC and the Irish higher surgical trainees group have agreed a series of rostering principles Ta´naiste and Minister for Health and Children for higher specialist trainees in surgery. These are (Ms Harney): As the Deputy may be aware, the available on the website. primary care strategy, Primary Care: A New The group has been asked to examine and Direction, proposes the delivery of a broad range report to me on the measures required to accom- of generalist services in the community by inter- modate NCHD training in all postgraduate train- disciplinary primary care teams and primary care ing programmes within a 48-hour working week; networks with a whole population approach. facilitate NCHDs in addressing skills deficits, Patients will have direct access to general prac- which may hinder entry to the specialist register; titioners, nursing, health care assistants, home safeguard both training and service delivery dur- helps, occupational therapists, physiotherapists ing the transition to a 48-hour working week; and social workers, who will work together as a identify the barriers to improving graduate reten- team to provide a patient-centred service in the tion; address obstacles to the conduct of academic local community. These services will be provided health research; and improve access to inter- to the community as a whole, including older national training opportunities for Irish doctors people. in training. There is evidence that health care professionals The group has also been asked to consider and working together as a team within the primary make recommendations on issues relating to care setting represents the most appropriate, competence-based specialist training; the role of effective and user-friendly approach to the organ- the university sector in postgraduate medical edu- isation of services. The introduction of a multidis- cation and training; and the implications of the ciplinary primary care team within a community draft EU directive on the recognition of pro- can enable people to be maintained at home in fessional qualifications as it relates to medical times of crisis, reduce emergency admissions and practitioners. The group will engage closely with shorten lengths of hospital stay. Primary care the appropriate section of the Department of teams will establish appropriate linkages and Health and Children to assist it in accommodat- relationships with existing specialist community ing the integrated education and training func- teams, which will enable the team to act as a sin- tions proposed by the task force within the struc- gle and ongoing point of contact in accessing tures announced by the Government in June required specialist services. 2003, following publication of the Brennan and Prospectus reports. It is anticipated that the Medical Cards. group will report before the end of the year. Approval in principle was recently given to the 123. Ms B. Moynihan-Cronin asked the allocation of more than \5 million, under various Ta´naiste and Minister for Health and Children if headings, to support the implementation of the she has plans to restore the 5,565 medical cards European working time directive. These broad which have been removed from persons in headings include projects to enhance medical County Kerry since 1 January 1997; and if she will education and training in association with train- make a statement on the matter. [26426/04] ing colleges, the Medical Council, etc; enhanced Ta´naiste and Minister for Health and Children medical education and training facilities on (Ms Harney): The determination of eligibility of hospital sites; support for health service agencies applications for medical card is a matter by legis- in implementing the EWTD; priority projects lation for the chief executive officer of the rel- under the remit of the national co-ordinator for evant health board. Assessment of eligibility is EWTD implementation; and educational and based upon the applicants’ incomes and their recruitment supports. medical needs. Applicants have the right of Significant work is being undertaken in the appeal in cases of refusal and are normally context of industrial relations negotiations to pro- advised of this by their local health board. gress issues relating to how rosters are designed Generally, the reduction in recent years in the and implemented in hospitals. It is my hope that number of medical cards may be attributed to the all these measures will ensure doctors are fully increase in the number of people in employment supported in terms of training in a reduced work- and also the improved economic situation ing hours environment. nationally. Another factor which affects this area is the review by health boards of medical card Health Board Staff. databases. Since 2003 this has led to the removal 122. Mr. R. Bruton asked the Ta´naiste and of more than 100,000 inappropriate entries from Minister for Health and Children if she has plans these databases. Reasons for deletions included to develop a network of social workers dedicated duplicate entries, change of address, cases where to the care of older persons in the community, as the medical card holder is deceased, ineligibility a method of integrating the piecemeal provision due to changed circumstances and normal of public health nurse, home help and other ser- reviews. 531 Questions— 28 October 2004. Written Answers 532

[Ms Harney.] of live animals in experiments in Ireland is strictly The Government is fully committed to the controlled in accordance with the Cruelty to Ani- extension of medical card coverage, as set out in mals Act 1876, as amended by the European the programme for Government. This will focus Communities (Amendment of Cruelty to Ani- on people on low incomes. The timing of the mals Act 1876) Regulations 2002. Under the Act, introduction of the extension will be decided hav- an experiment shall not be performed if another ing regard to the prevailing budgetary position. scientifically satisfactory method of obtaining the result sought, not entailing the use of an animal, 124. Ms B. Moynihan-Cronin asked the is reasonably and practicably available. Further- Ta´naiste and Minister for Health and Children if more, the person proposing to perform the exper- a directive or instruction has been issued from her iment must carefully consider and explain the Department to the health boards in recent years choice of species in the licence application. I have relating to discretionary medical cards; if so, the no plans to revoke licences for the use of frogs nature and content of such directive or instruc- for experimental or other scientific purposes. tions; if the number of discretionary medical cards awarded by health boards has reduced con- Medical Cards. siderably in recent years; if she has asked health boards to clamp down on issuing discretionary 126. Mr. R. Bruton asked the Ta´naiste and medical cards; and if she will make a statement Minister for Health and Children the basis on on the matter. [26427/04] which certain EU country pensioners enjoy entitlement to a medical card without a means Ta´naiste and Minister for Health and Children test; if she will consider extending similar pro- (Ms Harney): An agreement was reached with visions to Irish persons who are suffering from a the Irish Medical Organisation in July 2001 in specified list of serious illnesses; and if she will respect of a special allowance to be paid to gen- make a statement on the matter. [26486/04] eral practitioners for each person on their GMS Ta´naiste and Minister for Health and Children panels who hold a discretionary medical card. (Ms Harney): On joining the EU, the arrange- The notional number at that time was 20,000. A ments for the co-ordination of Ireland’s social letter issued to chief executive officers of health security system, including health care benefits, boards in April 2002 on the definition of a dis- with those of the other member states were cretionary card for the purpose of this special agreed under the terms of EU Regulation payment. It stated that the definition was to cover 1408/71. As a consequence of these arrange- persons whose income exceeded the income ments, persons taking up permanent residence in guidelines and whose medical condition required Ireland who are in receipt of a social security pen- a GP visitation rate significantly above the norm sion from another EU member state but not in that would result in increased costs. The chief receipt of an Irish Department of Social, Com- executive officers were reminded of this defini- munity and Family Affairs pension as a recipient tion in July 2002 and asked to ensure the numbers or dependant and who cannot be regarded as of cards in this category met the qualifying cri- employed or self-employed in Ireland, are teria. A subgroup of health board officials, led by entitled to receive health services free of charge HeBe and in consultation with my Department, and are issued with a medical card. The full costs is considering the issue. associated with the provision of health care for My Department has requested information such persons under the regulations are met by the from the health boards on the number of dis- country of origin. cretionary cards issued in each county in recent Where the EC regulations do not apply, per- years. All the responses have not been received. sons with social security pensions from another Upon receipt of this information, it may be poss- EC member state are entitled to be assessed for ible to identify a change in numbers. No instruc- medical cards by the chief executive officers of tion was issued regarding who should be given a the Health board under the normal eligibility cri- discretionary medical card, as this is the statutory teria. Entitlement to health services in Ireland is responsibility of the chief executive officer of primarily based on residency and means. Under each health board-authority. the Health Act 1970, determination of eligibility for medical cards is the responsibility of the chief Cruelty to Animals. executive officer of the appropriate health board. 125. Mr. Sargent asked the Ta´naiste and Mini- Apart from persons aged 70 and over who are ster for Health and Children if she will withdraw automatically entitled to a medical card, medical licences for the collecting of frogs for vivisection cards are issued to persons who, in the opinion of in view of the protected nature of this species. the chief executive officer, are unable to provide [26482/04] general practitioner medical and surgical services for themselves and-or their dependants, such as Ta´naiste and Minister for Health and Children seriously ill children, without undue hardship. (Ms Harney): Information provided to my Income guidelines are drawn up each year by Department indicates that frogs for use in exper- the health board-authority chief executive iments under current licences are purpose-bred officers to assist in the determination of a per- abroad and are not taken from the wild. The use son’s eligibility for a medical card and these are 533 Questions— 28 October 2004. Written Answers 534 revised annually in line with the consumer price being examined in my Department and a reply index. However, the guidelines are not statutorily will issue shortly. However, I wish to make the binding and, even though a person’s income may following general points. The primary childhood exceed the guidelines, a medical card may still be immunisation programme, PCIP, provides for the awarded if the chief executive officer considers immunisation of children against a range of that his-her medical needs or other circumstances potentially serious infectious diseases. The objec- would justify this. It is open to all persons to tive of the PCIP is to achieve an uptake level of apply to the chief executive officer of the appro- 95%, which is the rate required to provide popu- priate health board for health services if they are lation immunity and to protect children and the unable to provide these services for themselves population generally from the potentially serious or their dependants without hardship. diseases concerned. The PCIP provides for the A number of schemes provide assistance immunisation of children up to two years of age. towards the cost of medication for those who do Under the PCIP parents may have their children not qualify for a medical card. Under the 1970 immunised free of charge by the general prac- Health Act, a health board may arrange for the titioner of their choice. The schedule of immunis- supply, without charge, of drugs, medicines and ation is in accordance with the recommendations medical and surgical appliances to people with a of the national immunisation advisory committee specified condition, for the treatment of that con- of the Royal College of Physicians of Ireland. The dition under the long-term illness scheme. The schedule was most recently revised in October conditions are mental handicap, mental illness — 2002. for people under 16 only, phenylketonuria, cystic The recommended childhood immunisation fibrosis, spina bifida, hydrocephalus, diabetes schedule is as follows: mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dys- Age Immunisation trophies, parkinsonism, conditions arising from thalidomide and acute leukaemia. A person with Birth-1 month BCG an eligible condition, or their parent, should con- 2 months DTaP/IPV/Hib (“5 in 1”) and MenC tact their local health board in order to register 4 months DTaP/IPV/Hib (“5 in 1”) and MenC under the scheme. Under the drug payment 6 months DTaP/IPV/Hib (“5 in 1”) and MenC scheme, a person and his-her dependants will not 12-15 months MMR, Hib1 have to pay more than \78 in a calendar month for approved prescribed drugs, medicines and 4-5 years DTaP/IPV (“4 in 1”) and MMR appliances. 11-12 years MMR (omit if 2 previous doses) A range of income sources are excluded by the 10-14 years BCG2 health boards when assessing medical card eligi- 11-14 years Td bility. Many allowances such as carer’s allowance, 1 A single dose of Hib vaccine is also recommended if the child benefit, domiciliary care allowance, family child presents after age 13 months and has had no previous income supplement and foster care allowance are Hib vaccine 2 all disregarded when determining a person’s eligi- Only for those who are known to be tuberculin negative and bility. Given these factors and the discretionary have had no previous BCG. powers of the CEOs, having an income that The immunisation guidelines state that if an exceeds the guidelines does not mean that a per- immunisation course is interrupted, it should be son will be ineligible for a medical card, and a resumed as soon as possible. Children who are medical card may still be awarded if the chief not immunised and are older than the recom- executive officer considers that a person’s medi- mended age should be immunised as soon as cal needs or other circumstances would justify possible. this. The MMR vaccine protects against measles, mumps and rubella and can be administered to Vaccination Programme. children aged between 12 and 15 months. A vac- 127. Mr. Gormley asked the Ta´naiste and cine uptake rate of 95% is required to protect Minister for Health and Children her views on children from the diseases concerned and to stop the spokesperson of Parents of Twins Ireland the spread of the diseases in the community. (details supplied) who has called on her to reform Measles, in particular, is a highly infectious and the present vaccination system whereby doctors serious disease. Approximately one in 15 children of State health boards are vaccinating without a who contracts measles suffers serious com- thorough knowledge of their family medical his- plications. tory; her further views on whether there should There is concern among parents regarding the be a thorough medical screening of all children MMR vaccine. Negative coverage on this issue before a vaccination is administered by a doctor; has added to the confusion of parents in deciding and if she will make a statement regarding a letter whether to vaccinate their children. In April 2002, she has received from the group dated 30 Sep- my predecessor launched the MMR Vaccine Dis- tember, 2004. [26488/04] cussion Pack, an information guide for health professionals and parents. The pack was pro- Ta´naiste and Minister for Health and Children (Ms Harney): The letter from Twins Ireland is duced by the NDSC and the Department of Public Health, Southern Health Board, and was 535 Questions— 28 October 2004. Written Answers 536

[Ms Harney.] advisory committee of the RCPI and the Irish published by HeBe on behalf of the health Medicines Board. boards. The pack sets out the facts about the most The conclusions are there is no evidence to common concerns about MMR in a way that will support the association between MMR vaccines help health professionals and parents to explore and the development of autism or inflammatory these concerns together, review the evidence bowel disease and the vaccine is safer than giving regarding MMR and provide the basis for making the three component vaccines separately. The an informed decision. Oireachtas committee has also endorsed the The information is presented to allow full dis- safety of the MMR vaccine. cussion between health professionals and parents The international consensus from professional on each issue. The pack also contains an infor- bodies and international organisations is that the mation leaflet for parents. The pack is set out in MMR is a safe and effective vaccine. The insti- a question and answer format and addresses such tutions include the medical research council issues as the alleged link between MMR and expert committee and the British committee on autism and Crohn’s disease, the safety and side safety of medicines in the UK, the centres for dis- effects of the vaccine, the purpose of a second ease control and prevention and the American Academy of Paediatrics in the USA as well as the dose of vaccine, combined vaccine versus single World Health Organisation. doses and contraindications to the vaccine. The I urge all parents to have their children immu- pack enables health professionals to respond to nised against the diseases covered by the child- the very real concerns of parents. hood immunisation programme to ensure both There are sound public health reasons for not their children and the population generally have administering the MMR as separate vaccines. maximum protection against the diseases First, the scientific evidence does not support a concerned. link between MMR and autism or inflammatory bowel disease. There is no evidence that adminis- Health Board Services. tering the three components of MMR as separate vaccines is safer. The immune system is well cap- 128. Mr. S. Ryan asked the Ta´naiste and Mini- able of responding to the small number of com- ster for Health and Children the way in which ponents in the MMR vaccine and there is no evi- a reduction of 300,000 home help hours in 2003 dence that the component parts of the MMR compares with 2002 and the implementation of strategies increasing client contributions, vaccine interfere with each other. In any event, reductions in hours provided and waiting lists vaccines are designed to strengthen the immune throughout the country; and if she proposes to system and not weaken it. reassess the needs of older persons in this If the vaccines were administered separately, a area. [26492/04] child would require a total of six injections to complete the course instead of two, which could Ta´naiste and Minister for Health and Children also result in an increased risk of local reactions (Ms Harney): The provision of home help ser- at the injection site. The practical aspect of giving vices is, in the first instance, the responsibility of six injections means children would be unprotec- the health boards and Eastern Regional Health ted for a greater time from these diseases and, Authority. The aim of the home help service is to therefore, would be at significantly greater risk of enable people to remain living at home, where contracting these conditions. The protracted time appropriate, who would otherwise need to be involved in administering the vaccines would cared for in long-stay residential care and that result in the diseases in question circulating in the this service is an essential support to families and community for longer. Unprotected children such informal carers. The home help service by its nat- as younger children, that is, children below the ure is a flexible service, which is designed to respond to clients’ needs. The service is targeted age of 12 months and children who are immuno- at high and medium dependency clients in suppressed would, therefore, be at greater risk of accordance with their assessed need. As a result, catching the diseases concerned. therefore, the service required in individual cases Most countries implement a two-dose MMR will fluctuate from time to time. Assessments are vaccine programme and this policy has been very undertaken at local sector level and are carried successful in controlling measles where high out by public health nursing services to ensure uptake of the vaccine has been achieved. My effective prioritisation of the service. Department’s primary concern regarding immu- There are a number of reasons demand for the nisation is that the vaccines in use are safe and home help service has been increasing, such as effective. Since the original publication of UK demographic factors. Approximately 6,000 research by Dr. Andrew Wakefield about a poss- additional people come into the over 65 bracket ible causal link between MMR vaccine and every year and there has been a proportionately autism, many researchers have investigated the higher percentage increase in the more depen- proposed causal relationship and concluded that dent over 80 category. These factors have necessi- there is no link between MMR vaccine and tated minor adjustments in the provision of the autism or inflammatory bowel disease. In Ireland, home help service at health board level. this issue has been examined by the immunisation Although a small percentage of clients may have 537 Questions— 28 October 2004. Written Answers 538 had their hours reduced, this has been counter- The following table outlines the funding allo- balanced by others receiving the service for the cated to the home help service by health board first time. I have been assured by all health area in 2003 and the percentage increase in fund- boards that the provision of the home help ser- ing for this service compared with 2000: vice is organised on the basis that the most vul- nerable clients are given priority.

Authority/Health Board Expenditure in 2003 on Home Help Percentage Increase in Expenditure Service since 2000

\ % Eastern Regional Health Authority 21,650,641 45.74 Midland Health Board 8,671,000 147.81 Mid-Western Health Board 9,574,315 136.62 North Eastern Health Board 8,165,391 107.05 North Western Health Board 8,347,268 131.62 South Eastern Health Board 9,196,719 155.07 Southern Health Board 31,300,000 154.47 Western Health Board 13,513,791 122.98

Total 110,419,125

The total increase in expenditure on the home pharmaceutical companies will be so informed help service across all health board areas since that such retention occurred; and if she will make 2000 is 113.59%. An additional \3.748 million has a statement on the matter. [26494/04] been allocated by my Department to this service in 2004. The North Eastern Health Board oversp- Ta´naiste and Minister for Health and Children ent on its home help budget in 2002 to the sum of (Ms Harney): I am advised that individual \ 800,000 and, in accordance with accountability hospitals have adopted differing policies on the legislation, that amount had to be drawn down question of contacting next of kin of deceased against the 2003 allocation. Accordingly, the persons pituitary glands were retained. For number of home help hours delivered by the example, one hospital recently made contact with board to clients in 2003 was down on the 2002 next of kin to advise them that pituitary glands of figure. deceased relatives had been retained. A number The information requested by the Deputy of those contacted were greatly distressed at the regarding the administration of the home help services at local level is not routinely collated by news. Subsequently, another hospital decided not my Department. I have, therefore, requested the to make direct contact with next of kin and, health boards and the authority to provide this instead, placed notices in the newspapers inviting information as a matter of urgency and I will be next of kin of patients who died during specific in contact with the Deputy again when this infor- periods to contact the hospital if they wished to mation is to hand. know whether glands had been retained.

Organ Retention. Hospital Waiting Lists. 129. Ms McManus asked the Ta´naiste and 131. Mr. Ring asked asked the Ta´naiste and Minister for Health and Children if the Dunne Minister for Health and Children when a person inquiry’s investigations into maternity hospitals (details supplied) in County Mayo will be called will be as rigorous as the investigations into paed- for a cataract operation; when they were initially iatric hospitals; the reason it is intent on complet- placed on the waiting list for assessment and then ing all work by March 2005; and if she will make for surgery; if this person will be called under the a statement on the matter. [26493/04] national treatment purchase fund; and when their Ta´naiste and Minister for Health and Children surgery will be scheduled. [26495/04] (Ms Harney): The Government has decided that Ta´naiste and Minister for Health and Children the post mortem inquiry will conclude by 31 (Ms Harney): The provision of hospital services March next. The chairman has advised that the for people living in County Mayo is the responsi- report of its investigations in relation to paedi- bility of the Western Health Board. My Depart- atric hospitals will be furnished by the end of the ment has asked the chief executive officer of the year. Consultations are continuing on the com- pletion of the balance of the inquiry’s remit. board to investigate the position in relation to this case and also to investigate the position on the 130. Ms McManus asked the Ta´naiste and national treatment purchase fund and the per- Minister for Health and Children if all persons son’s eligibility, and to reply directly to the whose relatives have had pituitary glands Deputy. retained by hospitals for onward transmission to 539 Questions— 28 October 2004. Written Answers 540

Benchmarking Awards. Services for People with Disabilities. 132. Mr. Kenny asked the Ta´naiste and Mini- 135. Mr. McGuinness asked the Ta´naiste and ster for Health and Children if general nurses, Minister for Health and Children the supports retired and employed pre-1999, are entitled to and services that are available in County Carlow backdated benchmarking increases; and if she will for persons with autism; the autism specific make a statement on the matter. [26496/04] schools that are available in Carlow; the funding allocated to this group; and her future plans for Ta´naiste and Minister for Health and Children the services in the country. [26512/04] (Ms Harney): Nurses who have retired from the health service have benefited from the bench- Minister of State at the Department of Health marking increases awarded to date. Increases due and Children (Mr. T. O’Malley): Responsibility under phase 1 and phase 2 of benchmarking have for the provision of funding for services, including been paid to pensioners who are members of the support services, for persons with intellectual dis- voluntary hospital superannuation scheme and ability and those with autism in the Carlow area the nominated health agency superannuation is a matter, in the first instance, for the South scheme. Nurses formerly employed by the health Eastern Health Board. My Department has asked boards are members of the local government the chief executive officer of the health board to superannuation scheme and responsibility for investigate the matter raised by the Deputy and payment of pensions under this scheme rests with reply directly to him. the health boards-ERHA. Phase 1 and 2 bench- marking increases have also been paid to Medical Cards. members of the LGSS. 136. Ms Cooper-Flynn asked the Ta´naiste and 133. Mr. Connaughton asked the Ta´naiste and Minister for Health and Children the reason Minister for Health and Children when an award there was a 14.8% reduction in the number of will be finalised for a person (details supplied) in medical card holders in County Mayo for the County Galway; the reason it has taken so long period 1997 to 2004 when the average national to finalise the award; and if she will make a state- reduction for this period was 7.75%; and the ment on the matter. [26506/04] remedial action that will be taken to restore medical card coverage in County Mayo. Ta´naiste and Minister for Health and Children [26525/04] (Ms Harney): Responsibility for the management and staffing of specific health agencies rests with Ta´naiste and Minister for Health and Children the relevant chief executive officer. My Depart- (Ms Harney): From information available to the ment has, therefore, asked the chief executive Department compiled by the GMS (Payments) officer of the Eastern Regional Health Authority Board, the percentage difference in medical card to investigate the matter raised by the Deputy coverage in County Mayo for the period 1 Janu- and to reply to him directly. ary 1997 to 1 October 2004 was a decrease of 9.67% or 8,319 persons. The average national Health Board Services. decrease for this period was 6.08% or 101,500. The determination of eligibility of applications 134. Mr. Crawford asked the Ta´naiste and for medical card is a matter by legislation for the Minister for Health and Children if her attention chief executive officer of the relevant health has been drawn to the case of a person (details board. Assessment of eligibility is based upon the supplied); her views on whether the circum- applicant’s income and his or her medical need. stances caused serious trauma to their parent and Applicants have the right of appeal in cases of family; if she will take steps to ensure this type of refusal and are normally advised of this by their issue will be stopped and dealt with in a more local health board. sensitive way in the future; and if she will make Generally, the reduction in recent years in the a statement on the matter. [26507/04] number of medical cards may be attributed to the Ta´naiste and Minister for Health and Children increase in the number of people in employment (Ms Harney): General practitioners who hold and also the improved economic situation general medical services contracts with local nationally. Another factor which affects this area health boards are obliged to make arrangements is the review by health boards of medical card for contact with them or their locum or deputy, databases. Since 2003 this has led to the removal for emergencies, for all hours outside of normal of more than 100,000 inappropriate entries from surgery hours. They also must register their sur- these databases. Reasons for deletions included gery contact details with the local health board. duplicate entries, change of address, cases where Responsibility for the provision of services for the medical card holder is deceased, ineligibility medical card holders, including general prac- due to changed circumstances and normal titioner services is a matter for the chief executive reviews. The Government is fully committed to officer of the relevant health board. Accordingly, the extension of medical card coverage, as set out my Department has referred this question to the in the programme for Government. This will chief executive officer of the North Eastern focus on people on low incomes. The timing of Health Board for investigation and direct reply. the introduction of the extension will be decided 541 Questions— 28 October 2004. Written Answers 542 having regard to the prevailing budgetary determined primarily by reference to the position. additional care and attention required by the child rather than to the type of disability Health Service Reform. involved, subject to a means test. While no con- 137. Ms Cooper-Flynn asked the Ta´naiste and dition is debarred, conditions such as asthma, dia- Minister for Health and Children if necessary betes or epilepsy are not normally considered health system reforms can be achieved with the unless significant additional care and attention existing resource base; and if increased funding is required. It is a matter for the senior area medical required to provide essential health care, which is officer or other designated medical officer in the acceptable and efficient. [26526/04] relevant community care area to decide whether a child qualifies for DCA on medical grounds. Ta´naiste and Minister for Health and Children (Ms Harney): Both the Brennan and Prospectus Health Board Staff. reports, which are central to the reform pro- gramme, refer to the likelihood of savings in the 139. Ms O’Sullivan asked the Ta´naiste and implementation of their respective recommend- Minister for Health and Children the number of ations. However, the Prospectus report also states speech therapists employed in the mid-west it is extremely difficult to accurately predict the region; the number of unfilled posts for speech financial impact of programmes of this scale. The therapists in the region; and if she will make a re-alignment and streamlining of functions and statement on the matter. [26528/04] structures in the health system are expected to Minister of State at the Department of Health generate efficiency gains over time and any and Children (Mr. T. O’Malley): The provision resources freed up will be re-invested in strength- of health related services, including speech and ening front line services. I am satisfied the new language therapy, for people with physical and- arrangements, combined with the introduction of or sensory disabilities is a matter for the Eastern system-wide best practice, governance and Regional Health Authority and the health boards accountability systems, will ensure a stronger, in the first instance. Accordingly, the Deputy’s more effective health system and an improved question has been referred to the chief executive health service for patients and clients. officer of the Mid-Western Health Board with a The total funding provided for the health ser- request that he examine the matter and reply vices in the Revised Estimates Volume 2004 was directly to the Deputy as a matter of urgency. \10.08 billion. This provided for \9,570 million current funding, a rise of 10.7% over the Revised Hospital Services. Estimates 2003, and \510 million capital funding approximately. Since 2001 the total increase in 140. Ms Shortall asked the Ta´naiste and Mini- the Health Estimate has been \1.093 million, ster for Health and Children if her attention has based on Revised Estimates 2002. This increase been drawn to the fact that a person (details in funding has allowed the health services to supplied) in Dublin 11 can only be offered an x- address care areas outlined in the programme for ray from their two local hospitals two months Government and the health strategy such as acute from the date of the request; if she will urgently hospitals, disability services and services for older examine the capacity of local hospitals to cope people, progressing towards the highest quality of with such basic health care demands; and if she care for service users. Discussions are continuing will make a statement on the matter. [26543/04] between the Minister for Finance and myself in Ta´naiste and Minister for Health and Children regard to the 2005 Estimates. (Ms Harney): Responsibility for the provision of health services to persons residing in Counties Social Welfare Benefits. Dublin, Kildare and Wicklow rests with the 138. Mr. Stagg asked the Ta´naiste and Minister Eastern Regional Health Authority. My Depart- for Health and Children if she has declared that ment has, therefore, asked the regional chief Asperger’s syndrome is a qualifying disability for executive of the authority to investigate the the payment of domiciliary care allowance; if this matter raised by the Deputy and to reply to her has been notified to all chief medical officers in directly. the health boards; and if she will make a state- 141. Ms Shortall asked the Ta´naiste and Mini- ment on the matter. [26527/04] ster for Health and Children if, in view of the Minister of State at the Department of Health continuing shortage of step down facilities for civ- and Children (Mr. T. O’Malley): Domiciliary care ilian patients, she will review the decision not to allowance, DCA, is a monthly allowance adminis- proceed with the proposal to use St. Bricin’s tered by health boards and may be paid in respect Hospital, Dublin 7, for this purpose; and will she of eligible children from birth to the age of 16 provide an updated estimate of the cost of this who have a severe disability requiring continual proposal. [26544/04] or continuous care and attention, which is sub- stantially in excess of that normally required by a Ta´naiste and Minister for Health and Children child of the same age. The condition must be (Ms Harney): St Bricin’s Hospital is owned and likely to last for at least one year. Eligibility is operated by the Department of Defence. A study 543 Questions— 28 October 2004. Written Answers 544

[Ms Harney.] 143. Mr. S. Ryan asked the Ta´naiste and Mini- was undertaken in recent years by the Eastern ster for Health and Children the type of problems Regional Health Authority to examine the feasi- that are being identified in respect of the inspec- bility of using facilities at St Bricin’s Hospital for tion of private nursing homes; the action that is public patients. Following detailed consideration being taken to address these problems; the and advice from technical experts the Authority number of court actions pending; and to give concluded that the proposal was not viable. My details of the nursing homes in question if any. Department is not aware of any change to this [26567/04] position. However, the regional chief executive of 144. Mr. S. Ryan asked the Ta´naiste and Mini- the authority has been asked for an update and I ster for Health and Children if she is satisfied that will revert to the Deputy at an early date. the powers available to the inspectors of nursing homes are adequate to guarantee health and Nursing Homes. safety of the residents, generally old people and 142. Mr. S. Ryan asked the Ta´naiste and Mini- the closure of nursing homes if deemed neces- ster for Health and Children the number of public sary. [26568/04] nursing homes and beds in the country; her views 145. Mr. S. Ryan asked the Ta´naiste and Mini- on whether there is a need for an inspectorate to ster for Health and Children if she is satisfied that be put in place on a statutory basis similar to the the Nursing Home Act 1990 in respect of inspec- private sector; and if she will establish such an tions of private nursing homes is being inspectorate. [26566/04] implemented; if the statutory requirement of two inspections per year is being met; and if not the Ta´naiste and Minister for Health and Children reason therefor. [26569/04] (Ms Harney): As the Deputy may be aware, fig- ures on the number of public nursing homes and 146. Mr. S. Ryan asked the Ta´naiste and Mini- beds are collated by my Department on an annual ster for Health and Children if her attention has basis. The most recent long-stay activity statistics been drawn to the need for an independent report was finalised in July 2004 and provides inspectorate of nursing homes; and if so when information on activity in long-stay units in 2003. does she propose to establish such a body. According to the report, there were 12,339 long- [26570/04] stay beds in health board facilities, including res- pite beds, on 31 December 2003. This figure rep- Ta´naiste and Minister for Health and Children resents 51.8% of the long-stay bed complement (Ms Harney): I propose to take Questions Nos. with the remaining 49.2% of long-stay beds being 143 to 146, inclusive, together. provided in private and voluntary nursing homes. As the Deputy will be aware, the inspection of Currently, the inspection of private nursing private nursing homes is the responsibility of the homes is the responsibility of the health boards health boards and the Eastern Regional Health under the Health (Nursing Homes) Act 1990. Authority under the Health (Nursing Homes) Regulations made under this Act empower health Act 1990. As the information requested by the boards to inspect private nursing homes. Deputy is not routinely collated by my Depart- The social services inspectorate, or SSI, was ment, the chief executive officers of the health established in April 1999, initially on administra- boards and the authority have been asked to pro- tive basis though it is proposed to establish it on vide the information. It will be forwarded it to a statutory basis. The main function of the inspec- the Deputy as soon as it becomes available. torate is to support child care services by promot- 147. Mr. S. Ryan asked the Ta´naiste and Mini- ing and ensuring the development of quality stan- ster for Health and Children if her attention has dards. While in the longer term the SSI will been drawn to the fact that there is a waiting list monitor all personal social services operated by of up to 12.5 years for public nursing beds in some the health boards, it is concentrating initially on regions of the greater Dublin area; and to indi- the child care area and, in particular, on the cate the way in which she proposes to deal with inspection of health board operated residential the problem. [26571/04] child care facilities. The health strategy, Quality and Fairness, states that the SSI will be estab- Ta´naiste and Minister for Health and Children lished on a statutory basis and its remit will be (Ms Harney): I draw the Deputy’s attention to extended to cover residential services for people the reply given to his parliamentary question of with disabilities and older people. Establishing 22 June this year. Funding of \20.6 million pro- the SSI on a statutory basis will strengthen its role vided by my Department to the Eastern Regional and will provide it with the necessary indepen- Health Authority under the delayed discharges dence in the performance of its functions. It will initiative has to date facilitated the discharge of also serve to increase public confidence in state 518 people from the acute hospital sector to and voluntary social services. Consultation with private nursing homes and their own homes. the Department of Finance on the statutory instrument to enable the SSI to be established on Hospital Services. a statutory footing is in progress. 148. Mr. S. Ryan asked the Ta´naiste and Mini- 545 Questions— 28 October 2004. Written Answers 546 ster for Health and Children if she will provide a nurses; and if she will make a statement on the breakdown, hospital by hospital, of the numbers matter. [26595/04] of acute beds being inappropriately occupied due to the unavailability of non-acute hospital beds; Ta´naiste and Minister for Health and Children and the way in which she proposes to provide (Ms Harney): I presume the Deputy is referring proper care for our older people. [26582/04] to the Labour Court decision No. 033 (CD/02/607) on the inclusion of acting-up allow- Ta´naiste and Minister for Health and Children ance in the calculation of premium pay. A circu- (Ms Harney): The information requested by the lar sanctioning the implementation of the Deputy is not routinely collected by my Depart- decision issued from my Department on 7 May ment. My Department has, therefore, asked the 2003. Additional payments may be owed to some chief executive of the Eastern Regional Health retired nurses whose acting-up allowance was not Authority and the chief executive officers of the included in the calculation of premium pay. health boards to reply directly to the Deputy with Responsibility for the payment of arrears to the information requested. The future financing retired nurses rests with the health boards and of long-term care for the elderly is being exam- the ERHA. My Department will shortly provide ined to find the best ways to structure support for additional funding to the health boards and long-term care and the most effective and equit- ERHA to assist them in meeting their obli- able methods of funding. gations. I understand the boards will endeavour The nursing home subvention scheme is also to make payments to claimants as soon as being reviewed. The purpose of this review is to possible. develop a scheme within the system which includes standardised dependency and means Nursing Home Subvention. testing, is less discretionary, provides a home and nursing home subvention depending on need, is 151. Mr. Neville asked the Ta´naiste and Mini- consistent in implementation throughout the ster for Health and Children the enhanced levels country and draws on experience of the operation of nursing home subvention in each health board of the old scheme. In addition, home care grant area. [26596/04] schemes have been introduced as an alternative Ta´naiste and Minister for Health and Children to long term care in a number of health board (Ms Harney): As the Deputy will be aware, the areas. The Department has also encouraged the administration of the nursing home subvention ERHA and the health boards to introduce per- scheme is a matter for the Eastern Regional sonal care packages for older people. These are Health Authority and the health boards in the specifically designed to give older people the first instance. My Department has requested the option of remaining living within their home. chief executive officers of the authority and health boards to investigate the matters raised by Health Board Services. the Deputy and reply direct to him as a matter 149. Ms O. Mitchell asked the Ta´naiste and of urgency. Minister for Health and Children if she will make a full statement concerning the case of a person Hospital Services. (details supplied) in County Cork, in view of the 152. Mr. Durkan asked the Ta´naiste and Mini- fact that this person has been diagnosed with a ster for Health and Children when it is intended moderate speech impairment by a speech and that the facilities provided at Naas Hospital will language therapist in City General Hospital, Cork be fully commissioned; and if she will make a and has been awaiting speech and language ther- statement on the matter. [26597/04] apy in City General Hospital since April of this year. [26583/04] Ta´naiste and Minister for Health and Children (Ms Harney): Responsibility for the provision of Minister of State at the Department of Health services at Naas General Hospital rests with the and Children (Mr. T. O’Malley): The provision Eastern Regional Health Authority. The Deputy of health related services, including speech and will be aware that my Department recently language therapy, for people with physical and, approved additional revenue funding of \7.5 mill- or, sensory disabilities is a matter for the Eastern ion to the authority in respect of commissioning Regional Health Authority and the health boards of additional services at the hospital. This funding in the first instance. Accordingly, the Deputy’s will facilitate the development of a range of question has been referred to the chief executive additional services at Naas. In the accident and officer of the Southern Health Board with a emergency department the following new facili- request to examine the matter and reply directly ties are to be commissioned: nine observation to the Deputy, as a matter of urgency. beds, two treatment rooms, two additional treat- ment bays, one additional resuscitation bay, a Pension Provisions. dedicated triage room for the operation of 24 150. Mr. J. Breen asked the Ta´naiste and Mini- hour nurse-led triage and a dedicated plaster ster for Health and Children if funds will be made room. The observation beds are scheduled to available to finance overdue payments to retired open in November 2004 and the remaining facili- 547 Questions— 28 October 2004. Written Answers 548

[Ms Harney.] ment with the health boards’ directors of human ties, outlined above, are scheduled to open in Jan- resources. The model has underpinned the estab- uary 2005. lishment of new courses at the National Univer- My Department is advised by the authority that sity of Ireland, Galway and the University of additional capacity will also be put in place in the Limerick. My Department remains committed to following Departments, the target commissioning working on an ongoing basis with health agencies, dates for which are outlined in the table below: educational providers and the education auth- orities to ensure adequate provision of training Department Date of Commissioning places in clinical psychology. In addition to increased training provision, the Outpatients November 2004 continued availability of the fast-track working Geriatric Day Hospital November 2004 visa scheme and the streamlining of procedures Medical Records November 2004 for the validation of overseas qualifications are Chaplaincy November 2004 designed to help sustain the improvements in Pathology January 2005 staffing levels achieved for psychology services, both at local and national level. Pharmacy January 2005 Radiology February/March 2005 Hospital Services. Operating theatres Early 2005 155. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children the position on present and future plans on tuberculosis and res- Services for People with Disabilities. piratory units at Peamount Hospital, Newcastle, 153. Mr. Durkan asked the Ta´naiste and Mini- County Dublin; and if she will make a statement ster for Health and Children the extent to which on the matter. [26600/04] she proposes to improve and extend respite care Tanaiste and Minister for Health and Children facilities; and if she will make a statement on the ´ (Ms Harney): Services at Peamount Hospital are matter. [26598/04] provided under an arrangement with the Eastern Minister of State at the Department of Health Regional Health Authority. My Department has and Children (Mr. T. O’Malley): My Department asked the regional chief executive of the auth- has significantly enhanced respite care facilities in ority to examine the issues raised by the Deputy recent years. This is one of the key areas to be and reply to him directly. included in the multi-annual revenue and capital investment programme for disability specific sup- Health Board Services. port services recently announced as part of the national disability strategy. 156. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children the number of chil- Health Board Services. dren who have received orthodontic treatment in the past four years; the number currently on wait- 154. Mr. Durkan asked the Ta´naiste and Mini- ing lists who have not yet received treatment; if ster for Health and Children if she has satisfied she will indicate a time by which it is expected herself regarding the adequacy of numbers of those patients now on the waiting list will receive psychologists available through the various health treatment if at all; and if she will make a state- boards; if she plans to increase the numbers in ment on the matter. [26601/04] line with current demands; and if she will make a statement on the matter. [26599/04] Ta´naiste and Minister for Health and Children (Ms Harney): The provision of orthodontic ser- Ta´naiste and Minister for Health and Children vices is a matter for the health authorities in the (Ms Harney): There has been an increase of more first instance. I am pleased to advise the Deputy than 50% over the period from end-1999 to end- that a number of measures have been adopted to 2003 in the number of personnel employed as improve orthodontic services on a national basis. psychologists in the health service. This rep- The grade of specialist in orthodontics has been resents an increase of 150 staff from 291 to 441, created in the health board orthodontic service. in whole time equivalent terms and has contrib- In 2003, my Department and the health boards uted to a significant increase in the volume of funded 13 dentists from various health boards for psychological services provided. specialist in orthodontics qualifications at training To continue to increase the number of psychol- programmes in Ireland and three separate univer- ogists employed in the health service in line with sities in the United Kingdom. The 13 trainees for current and future demand, my Department is the public orthodontic service are additional to supporting the implementation of a key recom- the six dentists who commenced their training in mendation of the joint review group on psycho- 2001. There is an aggregate of 19 dentists in logical services in the health services to substan- specialist training for orthodontics. These tially increase the number of training places in measures will complement the other structural clinical psychology from 30 to 50. A new model changes being introduced in the orthodontic ser- for supporting post-graduate clinical psychology vice, including the creation of an auxiliary grade training has been agreed jointly by my Depart- 549 Questions— 28 October 2004. Written Answers 550 of orthodontic therapist to work in the orthodon- Department has also given approval in principle tic area. to a proposal to substantially improve training The commitment of the Department to training facilities for orthodontics at the school, which will development is manifested in the funding pro- ultimately support an enhanced teaching and vided to both the training of specialist clinical treatment service to the wider region under the staff and the recruitment of a professor in ortho- leadership of the professor of orthodontics. dontics for the Cork Dental School. This appoint- The chief executive officers of the health auth- ment will facilitate the development of an orities have informed my Department of the fol- approved training programme leading to a lowing information on their orthodontic treat- specialist qualification in orthodontics. My ment waiting lists as at the end of June 2004:

Treatment Waiting List.

Health Board Category A Average waiting time Category B Average waiting time (months) (months)

SWAHB 784 < 10 517 < 12 ECAHB 37 < 6 183 < 18 NAHB 125 < 12 2,249 < 24 MHB Nil No Waiting Time 187 12 MWHB Nil No Waiting Time 519 24-36 NEHB 6 1.5-2 286 12-18 NWHB 223 14 1,081 32.6 SEHB Nil No Waiting Time 667 20 SHB Nil No Waiting Time 3,172 42-48 WHB Nil No Waiting Time 866 38

The chief executive officers of the health auth- health service. Figures from the health service orities have also informed my Department of the personnel census show that between 31 following number of patients in treatment in the December 2001 and 31 December 2003 the past four years: number of whole-time equivalent nurses increased from 31,428 to 33,765. The additional Date Numbers in Treatment 2,337 whole-time equivalent nurses employed represents an increase of 7.43%. 30/6/04 20,236 31/12/03 21,083 Child Care Services. 31/12/02 20,151 158. Mr. Durkan asked the Ta´naiste and Mini- 31/12/01 17,295 ster for Health and Children if she has plans to expand, extend or improve school medical exam- Children receive between 18 to 24 appointments inations; and if she will make a statement on the in the course of their treatment in the health matter. [26603/04] board orthodontic service over a period of Ta´naiste and Minister for Health and Children approximately two years. The above table shows (Ms Harney): The best health for children pro- that at the end of the June 2004 quarter, 20,236 gramme provides for a new core surveillance pro- children were undergoing orthodontic treatment gramme for all children up to 12 years and covers in the public orthodontic service. This represents both pre-school developmental examinations as a 42% increase on the numbers in treatment in well as the school health service. Underpinning May 1999 and means that currently there are the recommendations in the report is a model almost twice as many children undergoing ortho- which embraces a more holistic child health pro- dontic treatment as there are children awaiting motion approach and emphasises the role of treatment. parents in achieving best health for children. Additional funding of over \2 million was allo- Hospital Staff. cated to the health boards and the Eastern 157. Mr. Durkan asked the Ta´naiste and Mini- Regional Health Authority to facilitate the imple- ster for Health and Children if during the past mentation of the recommendations set out in the three years there has been an increase or report, Best Health for Children. This funding decrease in the number of nursing staff available has been used to appoint key individuals at throughout the country; and if she will make a regional level to drive the implementation pro- statement on the matter. [26602/04] cess at board level as well as to establish pilot projects aimed at demonstrating best practice. Ta´naiste and Minister for Health and Children Working groups have been established to (Ms Harney): During the past three years there develop a revised national core child health sur- has been a significant increase in the number of veillance and screening programme. The objec- whole-time equivalent nurses employed in the 551 Questions— 28 October 2004. Written Answers 552

[Ms Harney.] Board acting under the aegis of the Eastern tive is to make recommendations on the key areas Regional Health Authority in the first instance. of child health surveillance such as developmen- The authority has advised my Department that tal, vision and oral health. One of the key recom- following recruitment of staff, an additional six mendations in the report, Best Health for Chil- beds have been opened at the Maynooth com- dren, is the provision of appropriate training for munity nursing unit, giving a current total bed public health doctors and nurses involved in complement of 36 beds. The authority has further delivering the child health surveillance pro- advised that the process for recruiting additional gramme and the school health service. Additional nurses is still under way, that additional beds will funding of \700,000 has been provided to health be opened at the unit as soon as sufficient staff boards and the ERHA in 2003 for this purpose. are in place and that there will be a total bed The funding has been used to appoint relevant complement of 44 beds when all the additional training personnel and develop in conjunction staff have been recruited. with Trinity College Dublin a training pro- gramme for those involved in the delivery of the Health Board Staff. core surveillance programme. The programme 161. Mr. Durkan asked the Ta´naiste and Mini- was launched earlier this year and it is intended ster for Health and Children the number of vac- that all those involved in child health surveillance ant positions in respect of various categories of will have received the necessary training by the health workers with particular reference to public end of 2005. health nurses, social workers, child psychologists With a view to facilitating a co-ordinated and in the various health boards throughout the coun- integrated approach to the delivery of a range of try; her plans to address shortages in this area at child health and child care projects, the Health an early date; and if she will make a statement on Boards Executive has established a programme the matter. [26606/04] of action for children. An interim steering group has been appointed to oversee the programme’s Ta´naiste and Minister for Health and Children work. The initiative will encompass a number of (Ms Harney): My Department does not maintain child related measures, including projects associ- records on vacancy levels in the health service. ated with best health for children. The quarterly health service employment returns compiled by my Department are concerned pri- Medical Cards. marily with the numbers employed in the sector. The responsibility for the management of the ´ 159. Mr. Durkan asked the Tanaiste and Mini- workforce in a given region lies exclusively with ster for Health and Children if cancer patients are the chief executive officer of relevant health likely to receive medical cards for an indefinite board-authority. The management of the work- duration; and if she will make a statement on the force includes responsibility for the recruitment matter. [26604/04] of all grades of staff employed, in line with service Ta´naiste and Minister for Health and Children plan priorities, subject to overall employment lev- (Ms Harney): No person or group of persons els remaining within the authorised ceiling. other than those aged 70 years and over since 1 However, to improve recruitment and retention July 2001 is automatically entitled to a medical prospects my Department has put in place a card. Assessments of eligibility of applicants for a number of important initiatives to meet the medical card are, by legislation, a matter for the human resource needs of the health services. The chief executive officers of the health boards. implementation of these developments is making Assessment is based on the income and medical an important contribution to strengthening the need of the individual. The period of the validity capacity of the health services to recruit and of the card is also a matter for the health board retain the high calibre professionals required in to decide. all disciplines to fill challenging and demanding Reviews of the databases of medical cards are roles central to the delivery of quality health and carried out regularly. My Department is not social care services to the public. aware of any plan to vary the current administra- Before setting out these initiatives in detail, it tive arrangements in place in health boards. is important to emphasise that staffing require- ments overall must be viewed in the context of Hospital Staff. the very substantial increases in employment lev- els achieved in the health services in recent years. 160. Mr. Durkan asked the Ta´naiste and Mini- The Deputy may wish to note there are has been ster for Health and Children the extent which she an overall increase in the level of employment of expects to provide sufficient staff to enable 28,658 in wholetime equivalence, WTE, terms Maynooth Community Hospital become fully since 1997, excluding home helps. This represents operational; and if she will make a statement on an increase of 42% over the 1997 levels. In this the matter. [26605/04] regard there are, for example, 1,816, up 36%, Ta´naiste and Minister for Health and Children more medical-dental personnel, 6,720, up 112%, (Ms Harney): As the Deputy will be aware, the more health and social care professionals and provision of health services in the Kildare area is 6,419, up 23%, more nurses. Caution should be a matter for the South Western Area Health exercised in comparing employment growth 553 Questions— 28 October 2004. Written Answers 554 between grade categories owing to some changes My Department gave approval in late 2003 to in their composition over the period. This is a the rollout, on a national basis, of the health care considerable achievement which reflects the suc- assistant training programme. This is in fulfilment cess of the steps taken to increase the attractive- of a key recommendation of the Commission on ness of employment in the health services and Nursing. The main objective of the programme is also the ongoing measures being taken in areas to upskill health care assistants so that, working experiencing shortages of fully trained and quali- under the supervision of nurses, they are enabled fied staff. to take on a wider range of duties, thereby freeing The following table sets out employment up nursing resources to concentrate on exclus- growth in the grades mentioned by the Deputy. ively nursing tasks. To provide a valid statistical comparison, the I am also conscious that, in view of the large employment figures for end year 2003 have been numbers of staff employed and the unique nature used in answering this query. Employment data of the services being delivered, it is imperative for Q2 2004 is available on the Department’s that a coherent, strategic approach to workforce website should the Deputy require to access it. It and human resource planning be developed is expected that data in respect of end year 2004 further and aligned closely with strategic objec- will be available in March 2005. tives and the service planning process. Planning Developments such as pay increases, improve- for the development of new and existing services ments in career structure and enhanced oppor- in the future must be soundly based on a robust tunities for professional and career development and realistic assessment of the skill and human have all played a part in increasing staffing levels. resource needs to deliver these services. The issue Overseas recruitment by health agencies has, of skill mix is also of paramount importance in over recent years, also contributed significantly to meeting human resource needs. Enhanced skills meeting the workforce needs of the health ser- mix by matching skills to service needs benefits vices, particularly in professions where qualified patients and empowers health personnel to reach staff are scarce. As mentioned earlier, specific their full potential and optimise their contri- human resource initiatives are under way in a bution to quality care. The Health Service Execu- number of key areas which have expanded con- tive will have a central role to play in the develop- siderably over recent years. ment of an integrated workforce planning With regard to the therapy professions, the strategy for the health sector. report, Current and Future Demand Conditions I am, however, well aware that, in addition to in the Labour Market for Certain Professional effective planning to ensure the continued avail- Therapists, commissioned by my Department, ability of a qualified, competent workforce, it is concluded that a major expansion was essential also necessary for the health service to become in the numbers of therapists. Significant progress an employer of choice to further improve poten- has been achieved in boosting the number of tial for recruitment and retention. While the therapy training places in line with the recom- record number of staff recruited into the health mendations of that report. In the nursing area, service in the past number of years shows the pro- the recruitment and retention of adequate gress that has been made in this regard, even numbers of staff has been a concern of this more can be achieved. Having recruited and Government for some time and a number of sub- developed such a large number of staff over stantial measures have been introduced in recent recent years, it is a priority to retain them by years. The number of nursing training places has offering a challenging and rewarding career path. been increased by 70% since 1998 to 1,640 from In the human capital and skills intensive health 2002 onwards. The promotional structure within sector, retention has been identified as a key issue nursing, including the introduction of a clinical in better people management. The continued career pathway has been substantially improved implementation of the Action Plan for People on foot of the recommendations of the Com- Management has a crucial role to play in improv- mission on Nursing and the 1999 nurses’ pay ing retention and reducing turnover of skilled settlement. The National Council for the Pro- staff, while providing the opportunity for each fessional Development of Nursing and Midwifery member of the workforce in the health sector, to has been especially active in this area and, to maximise their contribution to the creation of a date, 1,600 clinical nurse specialist and advanced quality and patient-centred health service in line nurse practitioner posts have been created. with the objectives of the health strategy.

Public Health Nurses

Region 31/12/1997 31/12/2003 Change end-1997 to % Change end-1997 to end-2003 end-2003

Eastern 440 386 −54 −12 Midland 100 107 8 8 Mid-Western 108 135 28 26 North-Eastern 106 121 15 14 North-Western 98 123 26 26 555 Questions— 28 October 2004. Written Answers 556

Region 31/12/1997 31/12/2003 Change end-1997 to % Change end-1997 to end-2003 end-2003

South-Eastern 154 158 4 3 Southern 163 211 49 30 Western 167 162 −5 −3

Total 1,334 1,404 71 5

Psychologists (all Grades excluding Students)

Region 31/12/1997 31/12/2003 Change end-1997 to % Change end-1997 to end-2003 end-2003

Eastern 97 164 67 70 Midland 18 31 14 78 Mid-Western 28 36 9 32 North-Eastern 20 32 12 60 North-Western 24 27 3 14 South-Eastern 29 47 18 61 Southern 24 57 33 140 Western 39 47 9 22

Total 277 441 165 59

Social Workers (all grades)

Region 31/12/1997 31/12/2003 Change end-1997 to % Change end-1997 to end-2003 end-2003

Eastern 612 845 233 38 Midland 58 84 27 46 Mid-Western 78 149 72 92 North-Eastern 63 103 40 63 North-Western 61 125 64 105 South-Eastern 86 128 42 49 Southern 120 266 145 121 Western 86 142 56 65

Total 1,164 1,843 679 58 Source: Department of Health and Children Personnel Census.

who need to access the health service they require Health Board Services. and I will address the provision of health services 162. Mr. Durkan asked the Ta´naiste and Mini- from this perspective with particular emphasis on ster for Health and Children if she has satisfied the implementation of the current reform herself that the general public have adequate and programme. unimpeded access to the health services; if she As regards general eligibility for health ser- proposes to address the issue; and if she will make vices, it is the case that under the Health Act a statement on the matter. [26607/04] 1970, the determination of eligibility for health services is based on residency and means and is 172. Mr. Durkan asked the Ta´naiste and Mini- primarily the responsibility of the chief executive ster for Health and Children if she has identified officer of the appropriate health board. the reason for the poor delivery of health services Persons in category 1 are medical card holders with particular reference to access to hospitals; and they are entitled to a full range of services and if she will make a statement on the including general practitioner services, prescribed matter. [26620/04] drugs and medicines, all in-patient public hospital Ta´naiste and Minister for Health and Children services in public wards including consultants ser- (Ms Harney): I propose to take Questions Nos. vices, all out-patient public hospital services 162 and 172 together. including consultants services, dental, ophthalmic A core objective of the health strategy is that and aural services and appliances and a maternity all people should have access to high quality ser- and infant care service. Persons in category 2, vices. Priority will be given to supporting those non-medical card holders, are entitled, subject to 557 Questions— 28 October 2004. Written Answers 558 certain charges, to all in-patient public hospital charge of a further 80 patients. Increasing acute services in public wards including consultants ser- bed capacity will also have an impact on the vices and out-patient public hospital services delivery of emergency services. As a result of the including consultants services. The current public bed capacity initiative and the commissioning of hospital statutory in-patient charge is \45 per new units, which was announced in September, night, up to a maximum of \450 in any 12 con- funding is now in place for an additional 900 beds secutive months. Attendance at accident and in the acute hospital system. emergency departments is subject to a charge of In line with the objective set out in the health \45 where the patient does not have a referral strategy to broaden the eligibility framework, the note from his or her doctor. This charge applies Government is fully committed to the extension only to the first visit in any episode of care. of medical card coverage. This will focus on In regard to acute hospital services, the target people on low incomes. The timing of the intro- set out in the national health strategy states that duction of the extension will be decided having by the end of 2004 all public patients requiring regard to the prevailing budgetary position. For admission to hospital will be scheduled to com- those who do not qualify for a medical card there mence treatment within a maximum of three are a number of schemes that provide assistance months of referral from an out-patient depart- towards the cost of medication. Under the long- ment. Intermediate targets have been set to term illness scheme persons suffering from a achieve this aim to ensure that the focus is being number of conditions can obtain the drugs and turned towards those patients waiting longest for medicines required for the treatment of that con- treatment. In accordance with health strategy dition, free of charge. Under the drug payments objectives, the Government’s immediate focus is scheme, a person and his or her dependants will on the reduction of waiting lists and waiting times not have to pay more than \78 in any calendar for in-patient and day case treatments in acute month for approved prescribed drugs and hospitals. This is being particularly facilitated by medicines. the National Treatment Purchase Fund, NTPF. Health board chief executive officers have The NTPF has reported that waiting times have discretion in relation to the issuing of medical fallen significantly with 37% of patients now wait- cards and a range of income sources are excluded ing between three and six months and 43% wait- by the health boards when assessing medical card ing between six and 12 months for surgery. Some eligibility. Despite someone having an income 80% of patients now wait less than one year for that exceeds the guidelines, a medical card may surgical treatment. This represents a major still be awarded if the chief executive officer con- reduction in the length of time patients have to siders that a person’s medical needs or other cir- wait. The NTPF has been successful in arranging cumstances would justify this. It is open to all per- treatments for approximately 19,000 patients up sons to apply to the chief executive officer of the to the end of September 2004. It is now the case appropriate health board for health services if that, in most instances, anyone waiting more than they are unable to provide these services for three months will be facilitated by the fund. themselves or their dependants without hardship. Many of the difficulties and delays experienced The health strategy includes a whole series of in emergency medicine departments reflect the initiatives to clarify and expand the existing system-wide issues. Therefore, in tackling the arrangements for eligibility for health services, problems in emergency medicine departments it including recommendations arising from the is necessary to take a whole system approach review of the medical card scheme carried out by involving primary care, acute care and sub-acute the health board CEOs under the PPF which and community care. Following a submission include: streamlining applications and improving from the Eastern Regional Health Authority, the standardisation of the medical card appli- ERHA, in June 2004 my Department approved cations process to ensure better fairness and proposals for short and medium term actions to transparency; providing clearer information to be taken to address the problems associated with people about how and where to apply for medical emergency departments in the Dublin Academic cards; proactively seeking out those who should Teaching Hospitals, DATHS. The cost of these have medical cards to ensure they have access to new initiatives is \2.4 million in a full year. Areas the services that are available. covered include the appointment of specialist In addition, my Department is committed to nurses, the establishment of rapid assessment the preparation of new legislation to update and teams, a clinical decisions unit and the provision codify the whole legal framework for eligibility of multi-disciplinary teams to assess patients. and entitlements in regard to health services. Pressures on the hospital system, particularly in Since the publication of Primary Care: A new the eastern region, arise from demands on emer- Direction, significant progress has been achieved gency departments and on difficulties associated on many fronts in the development of an inte- with patients who no longer require acute treat- grated, multi-disciplinary and team based ment but are still dependent. Funding of \16.8 approach to the delivery of primary care services. million has been made available to the ERHA Initiatives included the establishment of a pri- which has resulted in some 520 patients being dis- mary care task force, national primary care steer- charged and work is ongoing to facilitate the dis- ing group, primary care implementation projects, 559 Questions— 28 October 2004. Written Answers 560

[Ms Harney.] ster for Health and Children if sufficient funding further research and wider implementation of and facilities exist or are proposed to meet the the strategy. needs of the parents and friends of special needs In June 2003 the Government introduced children and young adults in County Kildare with thehealth service reform programme, particular reference to training, respite, long term HSRP,based on system reviews which identified care and other support services; and if she will various needs, such as clear focus on service and make a statement on the matter. [26609/04] management, less fragmentation, more account- Ta´naiste and Minister for Health and Children ability and better information, for modernisation (Ms Harney): Responsibility for the provision of in line with the health strategy. The work cur- funding for services including training, respite, rently underway to implement the reform pro- long term care and other support services, for gramme will combine to enhance nationwide persons with an intellectual disability and those access to health services with the overarching with autism in the County Kildare area is a objective of providing higher quality delivery matter, in the first instance, for the Eastern aimed at ensuring a healthier community. Regional Health Authority. My Department has asked the regional chief executive of the auth- Hospital Services. ority to investigate the matter raised by the 163. Mr. Durkan asked the Ta´naiste and Mini- Deputy and reply directly to him. ster for Health and Children the extent to which she expects the hospital services to be able to National Treatment Purchase Fund. meet demands in respect of heart operations and 165. Mr. Durkan asked the Ta´naiste and Mini- hip replacements in the future; and if she will ster for Health and Children the number of make a statement on the matter. [26608/04] patients treated so far under the treatment pur- Ta´naiste and Minister for Health and Children chase scheme; the combined costs of such treat- (Ms Harney): There has been a significant ment; and if she will make a statement on the increase in the consultant manpower needed to matter. [26613/04] deliver cardiac surgery and orthopaedic services 167. Mr. Durkan asked the Ta´naiste and Mini- in the last ten years. Based on figures provided ster for Health and Children the extent to which by Comhairle na nOspideal the number of cardi- waiting lists in respect of cataract removal have othoracic surgeons has increased from six to 11 increased or decreased in the past 12 months; and between 1993 and 2003 and the number of ortho- if she will make a statement on the matter. paedic surgeons has increased from 52 to 76 in [26615/04] the same period. Plans and developments are in place which will 171. Mr. Durkan asked the Ta´naiste and Mini- increase the capacity for cardiac surgery. For ster for Health and Children the reason it is example, the theatre and critical care complex, necessary to send patients outside the State for completed as part of the Phase 2 development at various surgical or medical treatments while the University College Hospital Galway, includes facilities are already available here; and if she will provision for cardiac surgery facilities. Approval make a statement on the matter. [26619/04] has also been given to the Southern Health Board 173. Mr. Durkan asked the Ta´naiste and Mini- to proceed with the planning and construction of ster for Health and Children the steps she has a new \82 million cardiac and renal dialysis build- taken or proposes to take to address the anomal- ing at Cork University Hospital. ous situation whereby long hospital waiting lists In relation to orthopaedic services the North appear to have become the norm, while at the Eastern Health Board has re-organised its ortho- same time, hospital wards remain closed or beds paedic services in moving trauma services to decommissioned due to a lack of adequate Drogheda and creating additional capacity for resources and staff; and if she will make a state- elective services in Navan. A new orthopaedic ment on the matter. [26621/04] service was opened at Mayo General Hospital in September 2004. This new service serves the Ta´naiste and Minister for Health and Children people of the western region and increases ortho- (Ms Harney): I propose to take Questions Nos. paedic capacity for the region. 165, 167, 171 and 173 together. The single most limiting factor for admission to Responsibility for the collection and reporting hospital is bed availability therefore increasing of waiting lists and waiting times now falls within the bed capacity of the acute hospital system is of the remit of the national treatment purchase particular priority for my Department. As a result fund, NTPF. My Department has, therefore, of the bed capacity initiative and the com- asked the chief executive of the NTPF to respond missioning of new units, which was announced in directly to the Deputy on the number of patients September, funding is now in place for an awaiting treatment for ophthalmology pro- additional 900 beds in the acute hospital system. cedures. The NTPF has the capacity to treat more than 1,000 patients per month or 12,000 in a full year from the funding available to it. Since it Health Board Services. commenced operations the fund has been suc- 164. Mr. Durkan asked the Ta´naiste and Mini- cessful in locating additional capacity, both here 561 Questions— 28 October 2004. Written Answers 562 and in the United Kingdom and Northern Ireland confirmed in the report, The Years Ahead, A and arranging treatments for over 19,000 patients Policy for the Elderly, published in 1988. Numer- up to the end of September 2004. The majority of ous research studies have shown that the vast these patients have been treated in hospitals in majority of older people have a preference to Ireland. It is now the case that, in most instances, remain living in their own home for as long as anyone waiting more than three months will be possible rather than moving into long-stay resi- facilitated by the fund. The cost of the national dential care. Indeed, the preferred option for treatment purchase fund to date is as follows: most families is to help care for their elderly rela- tives at home for as long as possible with the Year \m assistance of local health service staff. My Department has been encouraging the 2002 5.012 Eastern Regional Health Authority and the 2003 30.057 Provisional Outturn health boards to introduce personal care pack- 2004 44.00 Allocation ages for older people as an alternative to long- stay residential care. Personal care packages are It is a feature of all acute hospital systems that specifically designed for the individual concerned some beds are out of use for short periods. Bed and could possibly include the provision of a closures fluctuate over time and may arise for a home help service, home subvention payments, variety of reasons such as ward refurbishment, arrangements for attendance at a day centre or essential ward maintenance, staff leave, seasonal day hospital and other services such as twilight closures and infection control measures. nursing. Personal care packages allow older per- sons the option of remaining living in their own Hospital Staff. home rather than going into long-stay residential care. Additional funding of \1.25 million was 166. Mr. Durkan asked the Ta´naiste and Mini- made available to the authority-health boards this ster for Health and Children the way in which the year for the introduction of personal care pack- ration of various hospital consultants per 1,000 of ages. This is on top of the significant expenditure the population in this country compares with the UK and France; and if she will make a statement currently being incurred on home help and other on the matter. [26614/04] services aimed at supporting people at home. As the Deputy will be aware, primary responsi- Ta´naiste and Minister for Health and Children bility for issues relating to carers is a matter for (Ms Harney): As of 1 January 2004, there were my colleague the Minister for Social and Family 0.45 public consultant posts in Ireland per 1,000 Affairs, Deputy Brennan. Officials of my Depart- population. This compares to 0.65 public posts ment engage on a regular basis with their per 1,000 population in France. The equivalent counterparts in the Department of Social and grade in France is a specialist and 0.49 public Family affairs on matters in which they have a posts per 1,000 population in England. Compar- mutual interest including the position of carers able figures for the entire United Kingdom are and those in receipt of care. not currently available. The report of the national task force on medi- Cancer Incidence. cal staffing, the Hanly report, recommended that the number of consultant posts here be increased 169. Mr. Durkan asked the Ta´naiste and Mini- by approximately 1,800 posts in order to improve ster for Health and Children the extent to which patient care and ensure better patient access to adequate facilities are available for the treatment 24-hour services. of cancer patients at the various hospitals throughout the country; if extra funding will be Question No. 167 answered with Question offered to hospitals which require new equipment No. 165. and extra staff or upgrading of existing facilities; and if she will make a statement on the Health Board Services. matter. [26617/04] 168. Mr. Durkan asked the Ta´naiste and Mini- 179. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children if she proposes to ster for Health and Children if she has studied engage in discussion with the Department of reports on the number of incidents of various Social and Family Affairs with a view to forms of cancer on a county by county basis; her expanding, liberalising and improving facilities views on whether there are indications of higher for carers; and if she will make a statement on incidents in certain regions; if research has been the matter. [26616/04] done into the contributory cause or causes; the Ta´naiste and Minister for Health and Children action she proposes to deal with the issue; and if (Ms Harney): My Department’s policy on care of she will make a statement on the matter. older people is to maintain them in dignity and [26628/04] independence in their own home for as long as Ta´naiste and Minister for Health and Children possible in accordance with their wishes. This (Ms Harney): I propose to take Questions Nos. policy was first enunciated in the Care of the 169 and 179 together. Aged Report which was published in 1968 and 563 Questions— 28 October 2004. Written Answers 564

[Ms Harney.] The appointment of an additional five consult- Reports of the national cancer registry have ant radiation oncologists is under way. We have examined variations in incidence of cancer among ten consultant radiation oncologists nationally. counties and health board areas during the period This will result in a significant increase in the from 1994 onwards. Variations in case numbers, numbers of patients receiving radiation oncology overall or for particular cancers, obviously reflect in the short term. Additional funding of \15 mill- variation in population size or in population age- ion and 130 staff for these centres have been structure. Age standardised rates show less vari- approved recently to develop radiation oncology ation, but nevertheless some variation is evident, services regionally. although, for most counties or regions, rates do The national roll-out of the BreastCheck pro- not show statistically significant variation from gramme to remaining counties is a major priority the national average. The main exception is in the development of cancer services. This will Dublin and the ERHA region where incidence ensure that all women in the 50 to 64 age group rates are higher than the national average for can- throughout the country have access to breast cers as a whole, and for a number of individual screening and follow up treatment where cancers, including lung, breast and prostate can- required. A capital investment of \20 million has cers. For lung and a number of other cancers, been approved to construct and equip two static variation is strongly influenced by smoking, which clinical units, one at South Infirmary Victoria tends to be most prevalent in urban, particularly Hospital, Cork and the other at University Col- deprived urban areas. For breast and prostate lege Hospital, Galway. This investment will also cancer, incidence rates may be increased in areas ensure that mobile units are available to screen where there are higher levels of screening, for women in the relevant age group throughout the example, breast screening. country. In general, cancers not strongly influenced by smoking, socio-economic or screening-related Hospital Accommodation. factors show less marked variation within Ireland 170. Mr. Durkan asked the Ta´naiste and Mini- and any such variation cannot readily be attri- ster for Health and Children if she will consider buted to specific factors without further research increasing the number of subvented or dedicated into specific cancers. Distinguishing true geo- long stay beds with a view to alleviating acute bed graphic variation from random or chance vari- pressure; and if she will make a statement on the ation is also a problem given the small numbers matter. [26618/04] of cases involved at county level for most cancers. Tanaiste and Minister for Health and Children Since 1997, significant developments in cancer ´ (Ms Harney): As the Deputy may be aware, there services have taken place in all regions. The over- is a commitment in the national health strategy all additional cumulative funding in cancer ser- to provide 1,370 additional assessment and vices in this country since 1997 is in excess of \550 rehabilitation beds, plus 600 additional day million including an additional \15 million rev- hospital beds with facilities encompassing special- enue which has been allocated this year. An ist areas such as falls, osteoporosis treatment, additional 104 consultant posts in key areas of fracture prevention, Parkinson’s disease, stroke cancer treatment and 245 clinical nurse specialists prevention, heart failure and continence pro- across all health board areas have been funded. \ motion clinics. In addition, the strategy proposed There has also been approximately 95 million in the provision of an extra 5,600 extended care- capital funding allocated specifically for the community nursing unit places over a seven year development of cancer related initiatives. These period which will include provision for people include an investment of \60 million in radiation \ with dementia. Provision of the above facilities oncology and 11.9 million in BreastCheck. was contingent on the provision of the necessary The investment and appointments in cancer resources. services have resulted in substantial increases in In relation to subvented beds, the Deputy may activity levels across the three modalities of care wish to note that, in 1994, the first full year of of radiation oncology, medical oncology and sur- implementation of the nursing home subvention gical oncology. There has been a 36% increase scheme, 3,200 people received subvention. At the nationally in surgical procedures for breast can- end of April 2004 over 9,900 people were in cer, with an additional 500 procedures performed receipt of subvention. in 2002 compared to 1997. Substantial progress is In addition, public private partnerships, PPPs, being made in developing radiation oncology. In are currently being piloted in the health sector. 2004, an additional \3.5 million is being used to PPP is based on the concept that better value for develop the radiation oncology services at the money for the Exchequer may be achieved supra regional centres at University College through the exploitation of private sector com- Hospital Galway and Cork University Hospital. petencies to capture innovation and the allo- The immediate developments in the south and cation of risk to the party best able to manage it. west will result in the provision of an additional Initially, the focus will be mainly in the area of five linear accelerators. This represents an community nursing units, CNUs, for older increase of approximately 50% in linear acceler- people. It is anticipated that 17 new CNUs will ator capacity. be created when the initial pilot programmes are 565 Questions— 28 October 2004. Written Answers 566 complete, providing up to a maximum of 850 new provide a statutory basis for the administration of beds in Dublin and Cork. The services offered in additional medications and the use of additional these units will include: assessment-rehabilitation; medical equipment by ambulance personnel. It is respite; extended care; convalescence and, if the intended that this expanded service will com- PPP pilot demonstrates success, it is the intention mence roll-out in 2005. to use it as a means of providing additional com- munity nursing units in other locations through- Hospital Staff. out the country. 176. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children if there are adequate Question No. 171 answered with Question accident and emergency staff available through- No. 165. out the country to deal with current and antici- Question No. 172 answered with Question pated population growth; and if she will make a No. 162. statement on the matter. [26625/04] 178. Mr. Durkan asked the Ta´naiste and Mini- Question No. 173 answered with Question ster for Health and Children if there has been a No. 165. curtailment of accident and emergency facilities at various hospitals throughout the country; the Cancer Incidence. procedures that are likely to be put in place to 174. Mr. Durkan asked the Ta´naiste and Mini- shorten waiting lists at accident and emergency ster for Health and Children the number of inci- facilities throughout the country; and if she will dents of breast cancer diagnosed in each of the make a statement on the matter. [26627/04] past ten years; if there is an increase or decrease Ta´naiste and Minister for Health and Children in the number of women under 50 years of age (Ms Harney): I propose to take Questions Nos. diagnosed in each of those ten years; and if she 176 and 178 together. will make a statement on the matter. [26622/04] Many of the difficulties and delays experienced Ta´naiste and Minister for Health and Children in emergency medicine departments reflect (Ms Harney): Statistics on cancer incidences are system-wide issues. Therefore, in tackling the collated by the national cancer registry. My problems in emergency medicine departments, it Department has asked the director of the registry is necessary to take a whole system approach to examine this matter and to reply directly to involving primary care, acute care and sub-acute the Deputy. and community care. Already the Government, over the last few Ambulance Services. years, has introduced a number of initiatives aimed at improving the delivery of acute services 175. Mr. Durkan asked the Ta´naiste and Mini- and alleviating the pressures on accident and ster for Health and Children if the ambulance ser- emergency departments. I have previously said vices are adequately staffed and equipped to that the delivery of such services will be an area meet all eventualities in the foreseeable future; for particular attention during my term as Mini- and if she will make a statement on the ster for Health and Children. I intend to identify matter. [26623/04] the particular pressure points within the health Ta´naiste and Minister for Health and Children system that effect the efficient delivery of emer- (Ms Harney): The Eastern Regional Health gency services. I will be working with the relevant Authority, ERHA, and each of the seven health authorities to ensure that the most pressing prob- boards are responsible for the provision of lems are addressed as a matter of urgency and, as ambulance services in their functional areas. such, I intend to introduce a package of measures National standards for the ambulance service to address these problems. were introduced a number of years ago by the National Ambulance Advisory Council, the pre- Health Board Services. cursor to the Pre-Hospital Emergency Care 177. Mr. Durkan asked the Ta´naiste and Mini- Council. The standards cover training and equip- ster for Health and Children the position in ment and are currently being updated by the relation to upgrading of services available council. through health centres thereby eliminating some My Department is advised by the health boards of the overcrowding at accident and emergency and the Eastern Regional Health Authority that services; and if she will make a statement on the adequate numbers of ambulance personnel are matter. [26626/04] employed to respond to current need. The Pre- Hospital Emergency Care Council is in the pro- Ta´naiste and Minister for Health and Children cess of introducing an advanced paramedic train- (Ms Harney): The primary care strategy, Primary ing programme for ambulance personnel. The Care: A New Direction, aims to shift the empha- provision of this training coupled with forth- sis from the current over-reliance on acute coming amendment of the Misuse of Drugs Regu- hospital services to one where patients will be lations 1988 and the Medicinal Products able to access an integrated multi-disciplinary (Prescription and Control) Regulations 1996 will team of general practitioners, nurses, health care 567 Questions— 28 October 2004. Written Answers 568

[Ms Harney.] Nursing Home Subventions. assistants, home helps, occupational therapists, 180. Mr. Stanton asked the Ta´naiste and Mini- physiotherapists, and social workers in their ster for Health and Children the situation regard- local community. ing old aged pensioners of low means who have The introduction of the team based model of to become patients in community hospitals service delivery has the potential to meet 90-95% administered by the health boards with reference of all health and personal social service needs in to the home of the pensioner; if this will be the primary care setting. As the primary care viewed as an asset or its value can be taken into teams are developed, a wider primary care net- account when calculating changes that might be work of other professionals, including speech and levied on the old person as a result of being a language therapists, community pharmacists, patient in the community hospital; and if she will dieticians, dentists, chiropodists and psychologists make a statement on the matter. [26629/04] will also provide services for the population served by each primary care team. Ta´naiste and Minister for Health and Children Primary care planned and organised on this (Ms Harney): In respect of people availing of basis, can lessen the current reliance on specialist public long-stay care, charges can be made under two regulations. They can be made under the services and the hospital system, particularly acci- Health (Charges for In-Patient Services) Regu- dent and emergency and out-patient services. lations 1976, as amended by the Health (Charges Based on available evidence, it has the potential for In-Patient Services) (Amendment) Regu- to reduce the requirement for specialist services, lations 1987. These regulations enable charges to reduce hospitalisation rates, reduce lengths of be made towards the cost of providing hospital stay for those who are hospitalised and improve in-patient services for persons with income who efficiency. have been in receipt of such services for more The strategy also envisages the development of than 30 days or for periods totalling more than 30 extended-hours and out-of-hours cover for days within the previous 12 months. The regu- defined primary care services. The management lations provide that a charge is made at a rate of this wide range of care within the primary care not exceeding the person’s income. Medical card setting represents the most appropriate, effective holders and persons with dependants are exempt and user-friendly approach to the organisation of from these charges. Charges may also be made service delivery. Clearly, a significant element in under the Institutional Assistance Regulations the development of future primary care teams 1965 where the patient receives “shelter and must involve the reorientation of the substantial maintenance” rather than treatment. These staff and physical resources currently within the charges apply from the date of admission and are primary care setting. The health boards are cur- payable by all patients who are in receipt of rently working to map the general configuration incomes, including medical card holders and per- of future teams and networks and to develop sons with dependants. Under the Health Act 1970 team working and collaborative working in the the determination of eligibility for health services, existing primary care services. The mapping exer- including charges, is primarily the responsibility cise involves an examination of service needs, of the chief executive officer of the appropriate demographic and other relevant data to ensure health board. I understand from the health that primary care services are organised and boards that the person’s home is not considered developed on the basis of identified need. during such assessment. Under the Second Sched- The strategy recognises that the provision of ule of the Nursing Home Regulations 1993 (S.I. modern, well-equipped, accessible premises will No. 227 of 1993), provision was made for includ- be central to the effective functioning of the pri- ing the value of the person’s home in respect of mary care team. It emphasises the need to gain the subvention of private nursing homes only. full benefit from existing buildings and to fully In deciding the amount to be contributed, exploit any opportunities for public-private part- health boards have regard to the person’s individ- nerships in implementing the development pro- ual circumstances. Allowance is made for any fin- gramme. I intend to develop policy in such a way ancial commitments the person may have and a as to encourage innovative approaches that have reasonable amount is left to meet the person’s the potential to result in the provision where personal needs. Charges may be waived if, in the appropriate, of modern, well-equipped, user- opinion of the chief executive officer of the rel- friendly buildings to support the development evant health board, payment would cause undue and operation of primary care teams and hardship. networks. Health Centres. Question No. 178 answered with Question 181. Mr. Stanton asked the Ta´naiste and Mini- No. 176. ster for Health and Children if her attention has been drawn to the need to upgrade the health Question No. 179 answered with Question centre in Youghal, County Cork; and if she will No. 169. make a statement on the matter. [26630/04] 569 Questions— 28 October 2004. Written Answers 570

Ta´naiste and Minister for Health and Children for chiropody services provided by the health (Ms Harney): The provision of health centres to board; the plans she has to end this supplemen- meet the needs of local communities and the tary charge on pensioners; and if she will make a maintenance and upgrading of such centres statement on the matter. [26670/04] within its functional area is a matter for the rel- Ta´naiste and Minister for Health and Children evant health board or the Eastern Regional (Ms Harney): Health boards are not statutorily Health Authority. In the case of Youghal, County obliged to provide chiropody services. It is not Cork, this responsibility rests with the Southern one of the attendant benefits of being a medical Health Board. My Department has asked the card holder. Decisions to make chiropody and chief executive officer of the board to examine other services available are a matter for the local this issue and reply direct to the Deputy. health board to make, bearing in mind their Question No. 182 answered with Question priorities and the funding available to them. No. 88. Where chiropody services are provided, they are normally given to persons aged 65 years and Health Service Reform. over and those suffering from particular medical conditions. There are a variety of arrangements 183. Mr. Crowe asked the Ta´naiste and Mini- in place nationally for the provision of chiropody ster for Health and Children if her attention has service to clients, with a mixture of public and been drawn to the recent report, How are our private practitioners in different locations Kids? in Tallaght west; and the new measures or throughout the country. sanctions she proposes to introduce in response Persons were not obliged to pay the sup- to the considerable problems highlighted in the plementary charge for chiropody services. In report. [26657/04] cases where payments were made, it was a matter Minister of State at the Department of Health between the chiropodist and the client, and there- and Children (Mr. C. Lenihan): As the Deputy fore outside of the medical card scheme. As a will be aware responsibility for the provision of consequence, there is no record of the numbers health and social services to children in Tallaght involved or the amounts paid. west rests with the Eastern Regional Health When it became known that chiropodists in the Authority and the South Western Area Health Eastern Regional Health Authority region were Board. I am aware that the Tallaght West Child- imposing an additional charge the Department hood Development Initiative has published a wrote to the Eastern Regional Health Authority working paper on the research project “How are and stated that these were inappropriate and our Kids?” I understand that the South Western should not be levied on people who were deemed Area Health Board is part of this initiative and eligible for the service under the Eastern was involved in the research project. The area Regional Health Authority scheme. board informs me that they will be examining the 186. Mr. P. Breen asked the Ta´naiste and findings in the paper as it relates to their services. Minister for Health and Children when a person (details supplied) in County Clare will be called Housing Aid for the Elderly. for orthodontic treatment in Limerick; and if she 184. Mr. Perry asked the Ta´naiste and Minister will make a statement on the matter. [26671/04] for Health and Children the number of appli- cations from County Sligo and County Leitrim Ta´naiste and Minister for Health and Children submitted to the North Western Health Board in (Ms Harney): Responsibility for the provision of 2001, 2002, 2003 and 2004 under the housing aid orthodontic treatment to eligible persons in for the elderly scheme for the provision of County Clare rests with the Mid-Western Health domestic heating; the number that have been Board. My Department has asked the chief granted the full amount; the number refused; the executive officer to investigate the matter raised reason for the refusals; and if she will make a by the Deputy and to reply to him directly. statement on the matter. [26668/04] Hospital Services. Ta´naiste and Minister for Health and Children (Ms Harney): The housing aid scheme for the eld- 187. Dr. Upton asked the Ta´naiste and Mini- erly in counties Sligo and Leitrim is operated by ster for Health and Children if she will examine the North Western Health Board, on behalf of the long delay in offering appointments with a the Department of the Environment, Heritage neurologist at a hospital (details supplied); and if and Local Government. My Department has, she will comment on a person’s position. therefore, asked the chief executive of the board [26676/04] to investigate the matter raised by the Deputy Ta´naiste and Minister for Health and Children and reply direct to him as a matter of urgency. (Ms Harney): Services at St. James’s Hospital are provided under an arrangement with the Eastern Health Board Services. Regional Health Authority. My Department has 185. Dr. Upton asked the Ta´naiste and Mini- therefore asked the regional chief executive of ster for Health and Children the number of pen- the authority to investigate the matter raised by sioners that have been asked to pay \10 per visit the Deputy and to reply to her directly. 571 Questions— 28 October 2004. Written Answers 572

Services for People with Disabilities. drug refund schemes and of the long term illness medication scheme in each year since 1997 and 188. Mr. Stanton asked the Ta´naiste and Mini- the number of claimants in each year under the ster for Health and Children the number of respective schemes. [26705/04] speech therapists working in Cork city and county; the number waiting for assessment and Ta´naiste and Minister for Health and Children treatment in Cork city and county; and if she will (Ms Harney): The drugs payment scheme, with a make a statement on the matter. [26681/04] monthly threshold of £42, \53.33, replaced the Minister of State at the Department of Health drug refund scheme and the drug cost subsidis- and Children (Mr. T. O’Malley): The provision ation scheme on 1 July 1999. Under this scheme, families and individuals only had to meet the first of health related services, including speech and \ language therapy, for people with physical and- 53.33 a month of spending on approved pre- scribed medicines. The drug cost subsidisation or sensory disabilities is a matter for the Eastern \ Regional Health Authority and the health boards scheme threshold was £32, 40.63, per month per individual, and for the drug refund scheme it was in the first instance. Accordingly, the Deputy’s \ question has been referred to the chief executive £90, 114.28, per quarter for each eligible person officer of the Southern Health Board with a and dependants. Under the drug refund scheme, request that he examine the matter and reply the person paid for medicines at the pharmacy directly to the Deputy, as a matter of urgency. and claimed a refund from the health board at the end of each quarter. Hospital Services. The drug refund scheme threshold was raised from \53.33 to \65 on 1 August 2002, from \65 189. Mr. P. Breen asked the Ta´naiste and Mini- to \70 from 1 January 2003 and from \70 to \78 ster for Health and Children the reason a CAT from 1 January 2004. scanner has not been installed at Ennis General The following table sets out the cost of the Hospital in view of the fact that funding has been schemes for each year of operation from 1997: provided for same; if the Mid-Western Health Board will install same in the interest of patients’ Year LTI DRS DCSS DPS safety; and if she will make a statement on the matter. [26698/04] 1997 £19,721,634 £24,452,827 £35.859m Ta´naiste and Minister for Health and Children 1998 £23,239,067 £27,505,550 £47.253m (Ms Harney): The provision of services at Ennis 1999 £27,209,488 £25,250,489 £27.813m £40,431,188 General Hospital is the responsibility of the Mid- 2000 £32,870,045 £110,730,208 Western Health Board in the first instance. The 2001 \52,080,599 \177,616,777 possibility of providing CT facilities at the 2002 \61,635,841 \192,366,168 hospital is acknowledged in the outline develop- \ \ ment control plan which is currently being pre- 2003 73,348,251 204,422,697 pared. It is anticipated that this plan will be sub- mitted to the Mid-Western Health Board for The following table sets out the average number consideration in the near future. The develop- of claimants in each scheme, except the drug ment of services at Ennis General Hospital, refund scheme, for which this information was including CT scanning, will be considered in the not collected: context of the funding available and the priorities for development of services in the region. Year LTI DCSS DPS

Nursing Home Subventions. 1997 24,124 38,816 190. Mr. Curran asked the Ta´naiste and Mini- 1998 25,712 48,587 ster for Health and Children the number of grants 1999 26,885 54,586 paid for by the State in respect of subventions 2000 27,382 155,638 for private nursing home beds in September 2004, 2001 30,165 199,546 September 2003, September 2002 and September 2002 31,422 205,578 2001. [26703/04] 2003 32,720 204,065 Ta´naiste and Minister for Health and Children (Ms Harney): The information requested by the Deputy is not routinely collated by my Depart- Departmental Priorities. ment. My Department has therefore asked the chief executive officers of the health boards and 192. Mr. R. Bruton asked the Ta´naiste and the Eastern Regional Health Authority to investi- Minister for Health and Children the five measur- gate the matters raised by the Deputy and reply able performance indicators which she regards as direct to him as a matter of urgency. targets of greatest priority within her Depart- ment; the way in which this measure has changed Drugs Payment Scheme. in each year since 1997; her views on whether confining priorities to five indicators gives too 191. Mr. R. Bruton asked the Ta´naiste and partial a picture of departmental priorities; and if Minister for Health and Children the cost of the she will indicate the movement over the period 573 Questions— 28 October 2004. Written Answers 574

1997 to 2004 of other primary indicators of per- Hospital, Galway resulting in regular cancellation formance. [26706/04] of elective surgery; and if she will make a state- Ta´naiste and Minister for Health and Children ment on the matter. [26736/04] (Ms Harney): The development of performance Ta´naiste and Minister for Health and Children indicators in relation to the services funded by (Ms Harney): The provision of services at Univer- my Department is a continuing process which has sity College Hospital Galway is the responsibility been carried out jointly with the health boards. It of the Western Health Board. My Department would not be possible to effectively measure the has asked the chief executive officer of the board performance to the entire health and personnel to investigate the issues raised and to reply social services concerned by way of just five per- directly to the Deputy. formance indicators. My Department, in conjunc- tion with the health boards, has been developing Health Board Services. a range of performance indicators in association with service plan developments. A suite of 84 196. Mr. McHugh asked the Ta´naiste and indicators have been specified to cover all ser- Minister for Health and Children the reason two vices funded by my Department. Because these palliative support beds provided at A´ ras Mhuire indicators are still developmental in nature, in in Tuam have not been opened for use; if she will many cases, and have only been in use, in the intervene with the Western Health Board to main, during the past three to four years it would ensure the beds are opened and action be taken not be possible to present a picture of the move- to put nursing staff in place and appropriate train- ment of these indicators since 1997. ing provided; and if she will make a statement on the matter. [26737/04] Health Board Allowances. Ta´naiste and Minister for Health and Children 193. Mr. G. Mitchell asked the Ta´naiste and (Ms Harney): I wish to advise the Deputy that in Minister for Health and Children if the SWAHB 2003 agreement was reached with the Tuam can- will issue a domiciliary care allowance in the case cer care group to provide a two-bed unit with a of a person (details supplied) in Dublin 12. [26732/04] family room to provide a palliative care service to replace the service which had been provided in Minister of State at the Department of Health the Bon Secours Hospital prior to its closure. The and Children (Mr. T. O’Malley): The assessment structural work is now complete for the setting up of entitlement to and payment of the domiciliary of a palliative care suite at A´ ras Mhuire com- care allowance in any individual case is a matter munity nursing unit, Tuam, and funding of for the relevant health board. Accordingly, a copy \120,000 was provided for 2.5 WTE nursing staff. of the Deputy’s question has been forwarded to The board made a submission to my Depart- the regional chief executive of the Eastern ment on 13 September 2004 seeking additional Regional Health Authority with a request that he funding as follows: provision of RGN services, examine the case and reply directly to the Deputy additional three WTEs, \130,000; and provision as a matter of urgency. of sessional physiotherapy services, \20,000, mak- \ Health Board Staff. ing a total of 150,000. This matter is under con- sideration in the context of the Estimates process 194. Mr. McHugh asked the Ta´naiste and and in the light of other requests for resources Minister for Health and Children her views on from the Western Health Board. In regard to the creation of a two-tiered health service for per- training I wish to advise that the appropriate sons with disabilities due to the fact that some training will be provided for nursing staff once persons with disabilities receive their service from these staff are in place. staff funded by health boards while others are dependent upon service provided by community Medical Cards. employment; and if she will make a statement on the matter. [26735/04] 197. Mr. Crowe asked the Ta´naiste and Mini- ster for Health and Children if she will investigate Minister of State at the Department of Health the case of a person (details supplied); and if an and Children (Mr. T. O’Malley): I am aware of appeal form will be sent out to this person. the staffing difficulties referred to by the Deputy. [26742/04] They are being given consideration as part of the discussions on the Estimates and the budget for Ta´naiste and Minister for Health and Children 2005 between my Department and the Depart- (Ms Harney): Responsibility for the provision of ment of Finance. a medical card is, by legislation, a matter for the chief executive officer of the relevant health Hospital Services. board or authority. My Department has therefore 195. Mr. McHugh asked the Ta´naiste and Mini- asked the regional chief executive of the Eastern ster for Health and Children the action she is tak- Regional Health Authority to investigate the ing in response to the crisis in the accident and matter raised by the Deputy and to reply to him emergency section of University College directly. 575 Questions— 28 October 2004. Written Answers 576

Hospital Staff. Minister for Finance (Mr. Cowen): I assume that the Deputy is referring to an appeal to the 198. Mr. Crawford asked the Ta´naiste and disabled drivers medical board of appeal for a pri- Minister for Health and Children the situation mary medical certificate for eligibility for tax regarding the two surgeons on suspension in relief under the Disabled Drivers and Disabled Cavan General Hospital; if she has satisfied her- Passengers (Tax Concessions) Regulations 1994. self that sufficient efforts are being made to In this respect, I wish to advise that my Depart- stabilise the situation in the surgical section of the ment has no direct involvement in the operation hospital and to recruit five anaesthetists that of the disabled drivers medical board of appeal. would allow Monaghan General Hospital to However, I am informed that there is currently a come back on call thus removing the ongoing backlog of appeals to be dealt with by the board. crisis; and if she will make a statement on the At present, there is a waiting time of over two matter. [26755/04] years for appellants to be seen by the board. I am Ta´naiste and Minister for Health and Children advised that the backlog of appeals, approxi- (Ms Harney): Responsibility for the provision of mately 600, is caused by a number of factors, in services at the Cavan Monaghan hospital group particular the general increase in applications for rests with the North Eastern Health Board. My a primary medical certificate and the significant Department has therefore asked the chief execu- number of persons who are aware that they do tive officer of the board to investigate the posi- not meet the medical criteria specified in the tion in relation to the issues raised by the Deputy regulations but nevertheless insist on exercising and to reply to him directly. their right of appeal. An interdepartmental review group was estab- Hospital Accommodation. lished to examine the operation of the scheme and the group’s report was made public in early 199. Mr. Crawford asked the Ta´naiste and July 2004. Following on from the report’s recom- Minister for Health and Children the total mendations concerning the appeals process, number of beds that were in use in each of the amendments to the regulations governing the dis- Cavan and Monaghan General Hospitals in 1997; abled drivers and disabled passengers tax con- the number in place in each of the hospitals now; cessions scheme were drafted to improve the when she expects the 19 new beds in Cavan and operation of the medical appeals board. These the ten new beds in Monaghan to be in service; were signed by the Minister for Finance on 23 and if she will make a statement on the July 2004. matter. [26756/04] The amendments provide for changes to the existing regulations as follows: expanding the Tanaiste and Minister for Health and Children ´ panel of medical practitioners serving on the (Ms Harney): Responsibility for the provision of medical board of appeal from three to five and services at the Cavan Monaghan hospital group amending the appeals process by introducing a six rests with the North Eastern Health Board. My month waiting period between an appeal and a Department has therefore asked the chief execu- subsequent application, and introducing the tive officer of the board to reply directly to the requirement for a second or subsequent appli- Deputy in respect of bed numbers in 1997 and cation to be certified by a registered medical now at Cavan and Monaghan General Hospitals. practitioner to the effect that there has been The position on the provision of additional beds material disimprovement in the medical condition is as follows. My Department has approved rev- since the previous application. \ enue funding of 500,000 to commission ten In regard to the first change, on the recom- additional day beds at Monaghan General mendation of the Minister for Health and Chil- Hospital. These beds are designed to facilitate the dren, I hope shortly to appoint two more doctors development of surgical services across the Cavan to the board. A panel of five doctors should allow Monaghan hospital group. The commissioning of for the board to meet more regularly and hence these beds is being progressed by the board. reduce the backlog. As regards the second The board has recently submitted proposals to change, it should be noted that a further factor in my Department for the provision of an additional the backlog of appeals is that a number of those 19 beds at Cavan General Hospital as part of the who are seen by the board and are dissatisfied reconfiguration of services across the group. This with its decision are re-appealing immediately submission is now being examined by my and this is causing a build up of appeals. The Department. change addresses this issue and should free up the appeals board to deal with existing appeals in the Disabled Drivers. system and subsequent appeals where a change 200. Mr. Kehoe asked the Minister for Finance in an individual’s circumstance requires a reas- the reason for the delay in processing the appeal sessment. for the primary medical certificate for a person (details supplied) in County Wexford; when a Tax Code. decision will be made; and if he will make a state- 201. Mr. Gormley asked the Minister for Fin- ment on the matter. [26416/04] ance his views on whether VAT on tickets for the 577 Questions— 28 October 2004. Written Answers 578 performing arts should be zero rated; and if he The Act also obliges that in instances where will make a statement on the matter. [26491/04] there is a possibility during the lifetime of an endowment loan that borrowers may be required Minister for Finance (Mr. Cowen): The posi- to increase premium payments on the insurance tion is that the promotion of and admissions to policy relating to the loan, any document approv- live theatrical or musical performances, including ing the loan must contain a prominent statement circuses, are exempt from VAT under paragraph of this possibility. Similarly information docu- viii of the First Schedule to the VAT Act 1972, ments on endowment loans must, where the as amended. However, this exemption does not possibility exists that early surrender of the include dances or performances in conjunction insurance policy may result in a net loss to the with which facilities are available for the con- consumer, taking into account premia and other sumption of food or drink during all or part of charges paid in, contain a statement of this the performance by persons attending the per- possibility. formance. On the issue of zero rating tickets for the per- The Act also places an obligation upon insurers forming arts, the position is that, under the EU underwriting policies relating to endowment sixth VAT directive, with which Irish VAT law loans to issue a statement to the consumer every must comply, member states may only retain the five years setting out not only the value of the zero rates they had in place on 1 January 1991 but policy at the time of issue but also a comparison are prohibited from introducing new zero rates. It of this valuation to the valuation at such date pro- is therefore not possible to apply a zero VAT rate jected at the time the policy was first written and to tickets for the performing arts. a revised estimate of the valuation at maturity. In addition to the provisions of the Consumer Financial Services Regulation. Credit Act, the Life Assurance (Provision of Information) Regulations, which came into being 202. Mr. Haughey asked the Minister for Fin- in 2001, oblige insurers to provide policy holders, ance the measures he can take to assist endow- including holders of policies relating to endow- ment mortgage holders to make up the shortfall ment mortgages, with an annual written state- in the cash sum which will be available to them; ment containing, inter alia, information on the if he proposes to intervene with the financial current surrender or maturity value of the policy. institutions in this regard; and if he will make a More recently, the Government has already statement on the matter. [26478/04] very considerably enhanced the regulatory and 207. Mr. Gregory asked the Minister for Fin- supervisory regime governing the financial ser- ance his response to the endowment mortgage vices industry, primarily through the enactment scandal; his proposals to assist the approximate of the Central Bank and Financial Services Auth- 90,000 persons here adversely affected; and if he ority of Ireland Act 2003, which established the will make a statement on the matter. [26565/04] Irish Financial Services Regulatory Authority. The Central Bank and Financial Services Auth- Minister for Finance (Mr. Cowen): I propose ority of Ireland Act 2004, complements the Act to take Questions Nos. 202 and 207 together. passed last year and further enhances IFSRA’s I have no intention of intervening with regard powers and strengthens the regulatory envir- to endowment loan shortfalls at present. The Irish onment. Particular features of the 2004 Act are Financial Services Regulatory Authority, IFSRA, that it provides for an enhanced structure for is already studying the situation, having com- dealing with consumers who have complaints menced a survey earlier this year, to determine about financial institutions and also provides con- whether and to what extent there will be difficult- sumer and industry consultative panels for the ies for customers. It would be premature at this financial regulator. The consumer panel will have stage to second guess the outcome of the survey. an important role in ensuring that the regulator I will continue to review the adequacy of the rel- is correctly reflecting the interests of consumers evant legislative framework as the information in its protective — issue of codes of conduct — developed by IFSRA becomes available. and educational — information pamphlets — There is already a substantial volume of legis- roles. These provisions will help IFSRA to ensure lation in place relating to these products. The consumers have all necessary information to Consumer Credit Act 1995, which commenced in allow them to make considered and informed May 1996, contains specific provisions in relation choices between differing financial products to endowment loans and in particular prescribes including mortgages. certain information which must be included in any application form or information document Tax Code. issued to consumers applying for such loans. For example, since the commencement of the Act all 203. Mr. R. Bruton asked the Minister for Fin- endowment loan application forms must contain ance the present rate of duty under each of the a prominent notice to the effect that “There is no excise taxes, vehicle registration tax and special guarantee that the proceeds of the insurance duties; the total tax take from each duty; the pro- policy will be sufficient to repay the loan in full portion of the average retail price of the final when it becomes due for payment”. product to consumers which tax makes up, indi- 579 Questions— 28 October 2004. Written Answers 580

[Mr. R. Bruton.] Minister for Finance (Mr. Cowen): The present cating the part coming from the duty and the part rates of duty under each of the excise taxes are from VAT. [26479/04] as follows: \

ALCOHOL PRODUCTS TAX 1 BEER exceeding 1.2% vol (per hectolitre percent of alcohol) 19.87 Other Beer nil 2 SPIRITS (per Litre of alcohol) 39.25

3 WINE (per hectolitre) Still and Sparkling, not exceeding 5.5% vol 90.98 Still, exceeding 5.5% but not exceeding 15% vol 273.00 Still, exceeding 15% vol 396.12 Sparkling, exceeding 15% vol 546.01

4 Other Fermented Beverages (a) CIDER AND PERRY (per hectolitre) Still and Sparkling, not exceeding 6% vol 83.25 Still and Sparkling, exceeding 6% but not exceeding 8.5% vol 192.47 Still, exceeding 8.5% vol 273.00 Sparkling, exceeding 8.5% vol 546.01

(b) Other than Cider and Perry (per hectolitre) Still and Sparkling, not exceeding 5.5% vol 90.98 Still, exceeding 5.5% vol 273.00 Sparkling, exceeding 5.5% vol 546.01

5 Intermediate Beverages (per hectolitre) Still, not exceeding 15% vol 273.00 Still, exceeding 15% vol 396.12 Sparkling 546.01

TOBACCO 1 CIGARETTES Specific duty per 1,000 cigarettes 133.39 Ad Valorem duty as percent of retail price 18.32%

2 CIGARS (per kilogram) 196.409

3 FINE CUT TOBACCO FOR ROLLING OF CIGARETTES (per kilogram) 165.740

4 OTHER SMOKING TOBACCO (per kilogram) 136.261

Mineral Oil Tax MINERAL HYDROCARBON LIGHT OILS (per 1,000 Litres) 1 LEADED PETROL 553.04 2 UNLEADED PETROL 442.68 3 SUPER UNLEADED 547.79

HYDROCARBON OILS OTHER SORTS (per 1,000 Litres) 1 HEAVY OIL (AUTO DIESEL) 368.05 Auto Diesel — (non Low Sulphur) with effect from 1 March 2002 420.44 Auto Diesel — Scheduled passenger road transport services 22.72 2 HEAVY OIL (NON AUTO USE — REBATE RATE) Transport Services 47.36 KEROSENE (with effect from 1 December 1999) 31.74

3 FUEL OIL Industrial 13.45 For the use in the Generation of Electricity for sale 13.45 4 AUTO LPG AND METHANE 53.01 5 OTHER LPG 18.15 581 Questions— 28 October 2004. Written Answers 582

The current excise rate structure for vehicle regis- tration tax i.e. the VRT for vehicles and motor- cycles is as follows:

Private Cars (Category A)

Cars up to 1,400 ccs 22.5% of Open Market Selling Price (OMSP) Cars 1,401 to 1,900 ccs 25% of OMSP Cars 1,901 and over 30% of OMSP Small Vans and some Jeeps (Category B) 13.3% of OMSP Other Vehicles (Category C) \50 Motor Cycles (new) \2 per cc up to 350 ccs and \1 per cc thereafter Motor Cycles (used) mitigation of VRT provided for by age

Receipts from excise duties, on a revenue net different elements of this tax revenue are as receipts basis, totalled \4,736 million in 2003. The follows:

\m

Beer 455.4 Spirits 305.0 Wine 167.8 Cider 60.4 Tobacco 1,157.2 Light Oils 853.8 Other Oils 842.6 LPG 5.1 VRT 819.4 Other Excise 69.2

Total 4,735.95

As regards special duties such as betting tax, In respect of the proportion of tax in the aver- liquor licence fees and firearm certificate fees, the age retail price of the final product to consumers, total revenue is included in the “Other Excise” I am informed by the Revenue Commissioners category. A full breakdown of the rates and rev- that the details are as set out below: enue from each can be supplied to the Deputy on request.

Incidence of Duty and VAT Price* Excise VAT Total Tax Tax Tax as a % Content Content Content Exclusive of Price Price

\\\\\ % Pint of Stout 3.55 0.47 0.62 1.09 2.46 30.6 Pint of Lager 3.93 0.47 0.68 1.15 2.78 29.3 Standard measure of Whiskey 3.34 0.56 0.58 1.14 2.20 34.1 Whiskey Bottle 23.97 10.99 4.16 15.15 8.82 63.2 Bottle of Table Wine 9.34 2.05 1.62 3.67 5.67 39.3 Litre of Unleaded Petrol 0.99 0.44 0.17 0.61 0.38 62.1 Litre of Auto Diesel 0.92 0.37 0.16 0.53 0.39 57.4 Kerosene (Home Heating) 1,000 Litres 485.9 31.74 57.79 89.53 396.32 18.4 Diesel (Home Heating) 1,000 Litres 475.7 47.36 56.58 103.94 371.76 21.9 Packet of 20 Cigarettes 6.25 3.81 1.08 4.90 1.35 78.4

* Source — CSO National Average Price Survey, August 2004. In respect of calculations below on the tax content of car prices, sample open market selling prices are used rather than any specific industry data. 583 Questions— 28 October 2004. Written Answers 584

[Mr. Cowen.]

Less than 1,401cc Between 1,401 and 1,900cc Greater than 1,900cc

Sample OMSP 17,000 Sample OMSP 32,500 Sample OMSP 37,000

VTR 3,825 VTR 8,125 VTR 11,100 VAT 2,287 VAT 4,230 VAT 4,495

Total Tax 6,112 Total Tax 12,355 Total Tax 15,595 Total as % of Price 35.95% Total as % of Price 38.02% Total as % of Price 42.15%

2004. These provide a snapshot of the average 204. Mr. R. Bruton asked the Minister for Fin- retail prices of the main excisable commodities ance the details of the latest evidence which he observed in the Dublin and Newry areas on 29 has of the price and tax comparison of products June 2004. The tables following provide a break- subject to excises, VRT and special duties in the down of the prices and tax on these commodities Republic and in Northern Ireland. [26480/04] on that date. With respect to vehicles that are subject to vehicle registration tax, VRT, in the Minister for Finance (Mr. Cowen): The most State, comparisons cannot be made with recent price comparisons that have been carried Northern Ireland as VRT is not imposed in that out by the Revenue Commissioners relate to June jurisdiction.

Results of Cross Border Price Survey — June 2004 — Table 1

All figures are in \ and rounded to the nearest cent

(Sterling Prices are converted to \ as per rate at 29/6/04: 1 \ = 0.6705 Sterling)

ALCOHOLS Price \ Diff Excise Diff VAT Diff Total Tax Diff Tax Diff \ Tax as % Content Content Exclusive of Price Price

Beer Budweiser (can) Irl 1.71 0.05 0.50 0.03 0.30 0.05 0.79 0.08 0.92 −0.02 46.4 5% alc — 50 cl N. Irl 1.66 0.47 0.25 0.72 0.94 43.2 Guinness (can) Irl 1.76 0.12 0.42 0.02 0.31 0.06 0.72 0.08 1.04 0.04 41.1 4.2% alc — 50 cl N. Irl 1.64 0.39 0.24 0.64 1.00 38.9 Miller (bottle) Irl 1.80 0.64 0.31 0.02 0.31 0.14 0.62 0.16 1.18 0.48 34.5 4.75 alc —33 cl N. Irl 1.16 0.29 0.17 0.46 0.70 39.9

Spirits Whiskey Irl 24.28 3.91 10.99 2.82 4.21 1.18 15.20 4.00 9.08 −0.09 62.6 40% alc — 70 cl N. Irl 20.37 8.17 3.03 11.20 9.17 55.0 Vodka Irl 20.89 5.24 10.30 2.65 3.63 1.30 13.93 3.94 6.96 1.30 66.7 37.5% alc — 70 cl N. Irl 15.65 7.66 2.33 9.99 5.66 63.8

Wines Jacob’s Creek Irl 8.95 0.76 2.05 0.22 1.55 0.33 3.60 0.55 5.35 0.21 40.2 <15% alc — 75 cl N. Irl 8.19 1.83 1.22 3.05 5.14 37.2 E + J Gallo Irl 7.95 0.51 2.05 0.22 1.38 0.27 3.43 0.49 4.52 0.02 43.1 <15% alc — 75 cl N. Irl 7.44 1.83 1.11 2.94 4.51 39.5 Sparkling Wine Irl 12.95 2.52 4.10 1.63 2.25 0.69 6.34 2.32 6.61 0.20 49.0 <15% alc — 75 cl N. Irl 10.43 2.47 1.55 4.02 6.41 38.6

Regarding tax as a percentage of price, it should a pub will be less than that on a can of beer pur- be noted that VAT will fluctuate with price while chased in a supermarket, which is generally less excise will not — hence the tax content as a per- expensive. centage of price on a pint of beer in 585 Questions— 28 October 2004. Written Answers 586

Results of Cross Border Price Survey — June 2004 — Table 2

All figures are in \ and rounded to the nearest cent

(Sterling Prices are converted to \ as per rate at 29/6/04: 1 \ = 0.6705 Sterling)

Price \ Diff Excise Diff VAT Diff Total Tax Diff Tax Diff \ Tax as % Content Content Exclusive of Price Price

Tobacco B&H (20 cigarettes) Irl 6.25 −0.88 3.81 −0.73 1.08 0.02 4.90 −0.71 1.35 −0.17 78.4 N. Irl 7.13 4.55 1.06 5.61 1.52 78.7 Silk Cut (20 cigarettes) Irl 6.25 −0.76 3.81 −0.71 1.08 0.04 4.90 −0.67 1.35 −0.09 78.4 N. Irl 7.01 4.52 1.04 5.56 1.45 79.4 RYO (25 g) Irl 7.10 −0.33 4.14 0.25 1.23 0.13 5.38 0.37 1.72 −0.70 75.7 N. Irl 7.43 3.90 1.11 5.00 2.43 67.3

Light Oils Unleaded Petrol (1 litre) Irl 0.98 −0.26 0.44 −0.26 0.17 −0.01 0.61 −0.27 0.36 0.01 62.7 N. Irl 1.24 0.70 0.18 0.89 0.35 71.6 Auto Diesel (1 litre) Irl 0.90 −0.34 0.37 −0.33 0.16 −0.03 0.52 −0.36 0.38 0.02 58.2 N. Irl 1.24 0.70 0.18 0.89 0.35 71.6

Home Heating Kerosene (1,000 litres) Irl 438.3 123.1 31.7 31.7 52.1 37.1 83.9 68.9 354.5 54.3 19.1 N. Irl 315.2 0.0 15.0 15.0 300.2 4.8 Diesel (1,000 litres) Irl 427.7 72.2 47.4 −15.6 50.9 33.9 98.2 18.4 329.4 53.8 23.0 N. Irl 355.5 62.9 16.93 79.9 275.6 22.5

Disabled Drivers. Minister for Finance (Mr. Cowen): Brindley Advertising was awarded the contract for State 205. Mr. R. Bruton asked the Minister for Fin- advertising for various Departments and offices ance if his attention has been drawn to the sub- for three years from 1 November 2000. Brindley missions by the Blind Car Owners and Users Advertising held the contract prior to that for Association to have the scheme of tax relief for disabled drivers extended to persons who are three years from 1 October 1997. registered blind; if he has carried out an assess- ment of this proposal; and if he will make a state- Question No. 207 answered with Question ment on the matter. [26487/04] No. 202. Minister for Finance (Mr. Cowen): A pre- Disabled Drivers. budget submission from the Blind Car Owners 208. Mr. Durkan asked the Minister for Fin- and Users Association was received by my office in early October. This organisation also made ance the efforts that have been made to publish submissions to the interdepartmental review the report of the interdepartmental review group group established to review the disabled drivers’ which has been studying the 1994 disabled drivers and disabled passengers’ tax concessions scheme. and disabled passengers tax concessions scheme; The group’s report examined all aspects of the if the full and final submissions have been made; scheme including the qualifying medical criteria. if each of the Departments involved has accepted The Government has agreed that the Minister for all or part of the merit of the submissions; if any Finance will consider the report on an ongoing Department has not; if changes in the operation basis in the overall budgetary context having of the scheme are imminent arising from the regard to the existing and prospective cost of the review; and if he will make a statement on the scheme This submission, as with all other pre- matter. [26610/04] budget submissions, will be considered in the con- Minister for Finance (Mr. Cowen): I refer the text of preparations for the forthcoming budget Deputy to my reply of 14 October which dealt and Finance Bill. with the matters raised. The position is as follows: The report of the interdepartmental review Departmental Advertising. group, established to examine the operation of 206. Mr. McGuinness asked the Minister for the disabled drivers and disabled passengers tax Finance, further to Question No. 103 of 13 concessions scheme, was published on my October 2004, the name of the company that was Department’s website in early July 2004. It sets successful in the 2000 tender process and the out in detail the genesis and development of the name of the company that held the contract prior scheme, the current benefits, the Exchequer to that date. [26524/04] costs, the various requests to broaden the eligi- 587 Questions— 28 October 2004. Written Answers 588

[Mr. Cowen.] bank were set out in the Second Stage speech of bility criteria and various recommendations for the Minister of State, Deputy Treacy, taken on changes to the scheme. my behalf, on 21 October 2004. Up to now, the Following on from the report’s recommend- Irish Government has not had a financial ations concerning the appeals process, amend- relationship with the Council of Europe Develop- ments to the regulations governing the disabled ment Bank, but the CEB may well have had a drivers and disabled passengers tax concessions relationship with Irish based financial institutions. scheme were drafted to improve the operation of the medical appeals board. These were signed by Decentralisation Programme. the Minister for Finance on 23 July 2004. The amendments provide for changes to the 211. Mr. Murphy asked the Minister for Fin- existing regulations as follows: expanding the ance the position regarding decentralisation to panel of medical practitioners serving on the Kanturk, County Cork; the number of positions medical board of appeal from three to five and which will be available; the number of persons amending the appeals process by introducing a six who have applied to be transferred to Kanturk, month waiting period between an appeal and a County Cork; and if an employee of the Southern subsequent application, and introducing the Health Board fits under public service status. requirement for a second or subsequent appli- [26693/04] cation to be certified by a registered medical Minister for Finance (Mr. Cowen): Under the practitioner to the effect that there has been decentralisation programme the Office of Public material disimprovement in the medical condition Works is to re-locate 100 posts to Kanturk, since the previous application. County Cork. The data from the central appli- The Government has agreed that the Minister cations facility, CAF, operated by the Civil Ser- for Finance will consider the report on an vice Commission, published last month showed ongoing basis in the overall budgetary context that a total of 85 persons have applied for having regard to the existing and prospective cost decentralising to Kanturk as their first choice. of the scheme. The Southern Health Board is not a participating organisation in the CAF and therefore its staff Tax Code. cannot apply. 209. Mr. Durkan asked the Minister for Fin- ance the correct tax free allowance in the case of Liquor Licensing. a person (details supplied) in County Kildare; 212. Mr. Curran asked the Minister for Finance and if he will make a statement on the matter. the number of premises in Dublin City and [26643/04] county that are licensed to sell alcohol by retail Minister for Finance (Mr. Cowen): Iam sale; and if he could give comparable figures for advised by the Revenue Commissioners that the the periods June 2004, June 2002, June 2000 and total tax credits due to the person mentioned by June 1998. [26702/04] the Deputy for the current tax year are \4,080 Minister for Finance (Mr. Cowen): Iam and notification of these issued to the taxpayer on 23 January 2004. A duplicate notice, outlining informed by the Revenue Commissioners that the the tax credits due, will be sent to the person’s number of premises licensed to sell alcohol by home address on 28 October 2004. If the taxpayer retail sale in Dublin City and county, on the dates has any further queries, he should contact east referred to, were as follows: and south east regional PAYE by telephoning lo- call 1890 44 44 25. Date

Council of Europe Development Bank. 30 June 1998 1,692 30 June 2000 1,835 210. Mr. Stanton asked the Minister for Fin- ance the relationship which the State has had with 30 June 2002 1,798 the Council of Europe Development Bank 30 June 2004 1,949 including monetary transactions; his further plans in this regard; and if he will make a statement on the matter. [26682/04] Departmental Priorities. Minister for Finance (Mr. Cowen): Ireland is 213. Mr. R. Bruton asked the Minister for Fin- not yet a member of the Council of Europe ance the five measurable performance indicators Development Bank, CEB. Although the bank which he regards as target of greatest priority was founded in 1956, Ireland did not join at that within his Department; the way in which this stage. However, negotiations for membership measure has changed in each year since 1997; his have taken place and the Council of Europe views on whether confining priorities to five indi- Development Bank Bill 2004, currently at Second cators gives too partial a picture of departmental Stage in Da´il E´ ireann, will allow Ireland to join priorities; and if he will indicate the movement the bank. The terms and conditions of our mem- over the period 1997 to 2004 of other primary bership and participation in the operations of the indicators of performance. [26707/04] 589 Questions— 28 October 2004. Written Answers 590

Minister for Finance (Mr. Cowen): The per- disabilities to participate as full and equal citizens formance indicators used by the Department in Irish society; if he will allocate funding in order since 1997 are set out in the statements of that resourced community services can be pro- strategy for the Department published since that vided for persons with disabilities; and if he will date. Given the diversity of the Department’s make a statement on the matter. [26734/04] objectives and their impact on all aspects of the economy and the community in general, it would Minister for Finance (Mr. Cowen): At this time be inappropriate to attempt to draw any mean- of the year I receive a large number of pre-budget ingful conclusions about the Department and its submissions requesting funding for a wide range work based on just five performance indicators. of issues. Each one will be considered in the con- For example, our statement of strategy for the text of the forthcoming budget. period 2003-2005, which was published in April As I have previously indicated, there is already 2003, sets out approximately 80 high-level objec- a significant level of investment by Government in disability specific services through a number of tives and 50 indicators of progress. These were \ addressed in the context of the Department’s Departments. At present, some 2.5 billion, rep- seven strategic priorities, as follows: To support resenting 7% of gross current public expenditure sustainable growth and employment creation, on services, is provided specifically for people social progress and improved living standards with disabilities. This includes health sector ser- through the formulation of appropriate economic vices specifically for persons with an intellectual and budgetary policies; to maximise delivery of disability or autism, physical or sensory dis- the Government’s economic and social objectives abilities and mental illness; first and second level through the development and management of special needs education funded through the effective taxation and public expenditure policies; Department of Education and Science; the specialised training and employment support ser- to develop policies that continue to promote ´ Ireland’s interests at EU and international level vices provided by FAS; the cost of various tax and which support the social and economic pro- relief schemes; and local authority spending to gress of the EU; to promote the effective regu- adapt accommodation specifically for people with lation of the financial services sector; to promote disabilities. These figures do not take account of and implement policies in relation to incomes, the income support and other services provided with particular reference to the public service, through the Department of Social and Family which take account of the financial position of the Affairs or the fact that many people with a dis- Exchequer and support competitiveness and the ability participate in, or benefit from, mainstream delivery of better public services; to support and public service programmes and services. For improve public service management; and to pro- example, speech and language therapy, physio- vide an efficient, high quality service to our cus- therapy and other similar key services for people tomers in line with the standards and targets set with a disability are provided as part of the main- out in our customer service action plan. stream health services. Similarly, improving access to public transport services for persons Given the number and complexity of our objec- with mobility and sensory impairments is an tives and their associated indicators of progress, integral requirement of all Exchequer funded along with annual changes in our business envir- new investment in buses, rolling stock and onment since 1997, it would be inadvisable for the station infrastructure. Department to confine its strategic analysis of the The Deputy will also be aware that the Dis- economy as a whole over the period in question ability Bill was recently published and was to a limited subset of objectives and their rel- accompanied by an announcement of new fund- evant indicators. ing arrangements for capital and current spending on disability support services. On the capital Tax Code. front, a multi-annual capital investment pro- 214. Mr. G. Mitchell asked the Minister for gramme for disability-specific services will be Finance if a person (details supplied) in Dublin developed within the overall system of five-year 6W will have overpaid tax refunded. [26729/04] multi-annual capital envelopes that was intro- duced in budget 2004. This was a major change Minister for Finance (Mr. Cowen): Iam in the treatment of capital spending. It provided informed by the Revenue Commissioners that, in for a rolling investment programme and a struc- the case of the person mentioned by the Deputy, tured and planned approach to capital spending. DIRT reclaimed for the period 1997 to 2001 These envelopes will be reviewed and rolled for- amounted to \60.44 in total and was included on ward in the current Estimates and budget process. the balancing statement for the year 2001 that Decisions in relation to the investment pro- issued to the taxpayer together with a cheque for gramme for disability-specific services will be this amount on 15 October 2004. announced as part of that process. On the current side, the Government has Budget Submissions. decided on a fundamentally different approach to 215. Mr. McHugh asked the Minister for Fin- current funding for high priority disability sup- ance if in the forthcoming budget he will make port services. In contrast to the traditional year- sufficient finance available to enable persons with to-year basis, a multi-annual funding package for 591 Questions— 28 October 2004. Written Answers 592

[Mr. Cowen.] Society Commission concluded that the market current expenditure on these services will be has failed to respond to the demand for broad- agreed within the Estimates and budget process. band connectivity, and there is a proven need for This is the first time that Government has Government intervention to accelerate the pro- adopted this approach in the case of spending on vision of infrastructure and the driving of services. This new approach shows the Govern- demand. ment’s commitment to funding for disability sup- My Department’s broadband action plan, port services and overall to implementing the which was launched in December last, will see initiatives announced with the publication of the broadband connectivity rolled out to over 90 Disability Bill. towns with a population of 1,500 and over, using community broadband exchanges and strategic Tax Code. fibre. A spend of \35 million each year from now 216. Mr. Timmins asked the Minister for Fin- until 2007 has been committed to the broadband ance the position in relation to the reorganisation action plan. Five towns in Kildare, Kilcullen, of the Revenue Commissioners; if an arrange- Kildare, Maynooth, Newbridge and Rathangan, ment (details supplied) can be changed in order have submitted proposals under the current call to assist persons with queries in this area; and if for proposals and are being evaluated. he will make a statement on the matter. In addition to this initiative, the group broad- [26739/04] band scheme, which was launched in March last, will allow smaller communities to pool their Minister for Finance (Mr. Cowen): Iam requirements and obtain broadband connectivity advised by the Revenue Commissioners that from a range of service providers, with \25 mill- since their reorganisation at the end of last year ion in funding assistance from Government. Full a beneficiary’s capital acquisition tax affairs are details of the broadband rollout programme are managed by Revenue in the region where the on my Department’s websites, www.dcmnr.ie donor resides/resided. The appropriate region and www.gbs.gov.ie. handles all services in that regard and there has been no diminution of such services with reorgan- Fishing Vessel Licences. isation. For personal callers in the Dublin area, the capital acquisitions tax — taxpayer infor- 218. Mr. O’Shea asked the Minister for mation service is located in the Stamping Build- Communications, Marine and Natural Resources ing, Dublin Castle, Dublin 2. Personal callers, when a new fishing boat (details supplied) will be where donors reside/resided in the Limerick or registered; and if he will make a statement on the Clare area, can call to the Limerick Revenue dis- matter. [26552/04] trict located in River House, Charlotte Quay, Minister of State at the Department of Limerick. Communications, Marine and Natural Resources In the case of a non-resident donor, the Dublin (Mr. Gallagher): Under the Fisheries region capital acquisitions tax customer service (Amendment) Act 2003 the functions of sea-fish- unit currently based in the Stamping Building, ing boat licensing and registration were trans- Dublin Castle, Dublin 2 deal with the capital ferred from the Minister for Communications, acquisition tax affairs of the beneficiaries. Marine and Natural Resources to the Licensing The capital acquisitions tax — taxpayer infor- Authority for Sea-Fishing Boats which operates mation service is a nationwide service for general on an independent basis subject to criteria set out queries in regard to capital acquisitions tax and in that Act. All applications for sea-fishing boat can be contacted by telephone at LoCall 1890 20 licences are considered by the Licensing Auth- 11 04 or by fax at 01 679 0049. ority for Sea-Fishing Boats. The head of the licensing authority is the registrar general of fish- Telecommunications Services. ing boats, a senior official in my Department. The 217. Mr. Stagg asked the Minister for licensing authority has informed me that the ves- Communications, Marine and Natural Resources sel concerned has been approved for entry onto his proposals for ensuring the widespread pro- the fishing boat register and that a certificate of vision of broadband services (details supplied) to registry for the vessel has now issued to the areas in County Kildare; and if he will make a owner. statement on the matter. [26509/04] 219. Mr. O’Shea asked the Minister for Minister for Communications, Marine and Communications, Marine and Natural Resources Natural Resources (Mr. N. Dempsey): The pro- the proposals he has to dramatically reduce the vision of telecommunications services, including delay of up to 18 months in regard to applications broadband, is a matter in the first instance for for the licensing and registration of new fishing the private sector companies operating in a fully boats; and if he will make a statement on the liberalised market, under the regulation of Com- matter. [26553/04] Reg, the Commission for Communications Regulation. Minister of State at the Department of In its report on Ireland’s Broadband Future, Communications, Marine and Natural Resources published in December 2003, the Information (Mr. Gallagher): An independent Licensing 593 Questions— 28 October 2004. Written Answers 594

Authority for Sea-Fishing Boats, which is respon- ment were spread among a number of Depart- sible for both the licensing and registration of ments and the priorities identified in those con- fishing boats, was established last year under the stituent parts were set in the context of their Fisheries (Amendment) Act 2003. The processing respective parent Departments at the time. of licensing applications had to be suspended for In regard to the current formation of the much of last year pending the finalisation of a Department, I refer the Deputy to the Depart- new EU fleet policy and the consequent introduc- ment’s statement of strategy 2003-05 which sets tion of a new national licensing policy. The licens- out overarching high level goals and strategies for ing authority has since been working through a the Department and for each of the sectors for backlog of licensing applications. It has informed which the Department has responsibility. In me that it expects, by the end of next month, to addition to this, the strategy statement sets out have processed all licence applications currently an indicative list of broad performance indicators on hands and to be in a position whereby a sub- stantive reply will issue to all future applicants associated with the high level goals and strategies within four weeks of the date of receipt. and specific performance indicators for each of The licensing authority has informed me that it the sectoral strategies. has processed all licence applications received in My Department is currently preparing a new 2003 to the greatest extent possible. In many statement of strategy for the period 2005-07. cases licence offers have been issued but all of Reflecting the wide range of responsibilities my the conditions of offer have to be complied with Department has across a number of sectors, the by the vessel owner before a licence can issue. new strategy statement will also set overarching With regard to licence applications made in 2004, high level goals and strategies and associated per- the licensing authority has processed the vast formance indicators for the Department and for majority of applications to the greatest extent each of the sectors. Priorities, both overarching possible other than those relating to the specific and sectoral, and associated indicators, will and aquaculture fleet segments. The licensing reflect the programme for Government and all of authority found it necessary to review the posi- Government’s strategic priorities. tion with regard to the licensing of certain vessels in these fleet segments but hopes to shortly be Passport Applications. able to issue a substantive reply in all of these cases. 221. Caoimhghı´nO´ Caola´in asked the Minister The processing to finality of registration appli- for Foreign Affairs the procedure by which a per- cations has been delayed in certain cases, mainly son (details supplied) in Dublin 17 can obtain an due to the need for the licensing authority to Irish passport. [26672/04] resolve, with the European Commission, a techni- cal issue arising from new EU requirements in Minister for Finance (Mr. Cowen): A passport relation to the reporting of fleet changes. This application in respect of the person concerned issue has resulted in a delay in entering some ves- was received on 6 October last. This was returned sels on the fishing boat register. The licensing to the applicant on 13 October as the applicant’s authority is hopeful that the technical issue can birth certificate had not been submitted. In cases be resolved very shortly so that the processing of where a birth certificate is not available the Pass- any currently outstanding registration appli- port Office can accept alternative evidence of cations can be completed. The licensing authority birth such as a church certificate, early school hopes to shortly be in a position to have all regis- record etc. I have asked the Passport Office to tration applications processed within three weeks get in touch directly with the applicant in order of their receipt. to resolve the matter.

Departmental Priorities. Human Rights Issues. 220. Mr. R. Bruton asked the Minister for 222. Mr. F. McGrath asked the Minister for Communications, Marine and Natural Resources Foreign Affairs if active support will be given to the five measurable performance indicators which Israeli citizens who are suffering detention and he regards as target of greatest priority within his imprisonment for resisting the draft and their Department; the way in which this measure has human right protected. [26686/04] changed in each year since 1997; his views on whether confining priorities to five indicators Minister for Finance (Mr. Cowen): The gives too partial a picture of departmental priori- Government is aware of the situation to which ties; and if he will indicate the movement over the the Deputy refers. The matter is primarily one period 1997 to 2004 of other primary indicators of for the Israeli court system, to which the affected performance. [26708/04] individuals have access. The position is that the Minister for Communications, Marine and individuals concerned have not been deprived of Natural Resources (Mr. N. Dempsey): The the opportunity to vindicate their rights within Department of Communications, Marine and the Israeli legal system. In a broader context, the Natural Resources was established in June 2002. Israeli authorities are aware of the EU’s concerns Prior to then the constituent parts of the Depart- in relation to international human rights norms. 595 Questions— 28 October 2004. Written Answers 596

Departmental Priorities. cessful election to and term of office for Ireland’s 223. Mr. R. Bruton asked the Minister for For- membership of the Security Council. There are eign Affairs the five measurable performance also specific and measurable indicators to show indicators which he regards as target of greatest progress in the achievement of all of the goals priority within his Department; the way in which during the period from 1997. These include devel- this measure has changed in each year since 1997; opments in North-South relations, expansion of his views on whether confining priorities to five the Department’s support for Irish economic indicators gives too partial a picture of Depart- efforts aboard and the response to the very sig- mental priorities; and if he will indicate the move- nificant increase in demands on our consular ment over the period 1997 to 2004 of other pri- passport and visa service at home and abroad. mary indicators of performance. [26709/04] I am satisfied that the goals as listed give an adequate picture of the Departmental priorities. Minister for Foreign Affairs (Mr. D. Ahern): My Department is about to commence work on My Department has six high level goals, which a new strategy statement in the course of which are set out in our current strategy statement. we will be reviewing the priorities for the period They are to work to achieve the full implemen- ahead. tation of the Good Friday Agreement and the sustained operation of all its institutions, promot- British Security Checks. ing co-operation, mutual understanding and respect between both traditions on the island, 224. Mr. Durkan asked the Minister for For- between North and South in Ireland and between eign Affairs the circumstances surrounding the these islands. The second goal is to pursue detention and questioning of an Irish singer and Ireland’s foreign policy in accordance with the songwriter recently by the UK authorities; if it is ideals enshrined in the Constitution and in con- normal practice for visitors and artists visiting the formity with the principles of the United Nations UK to be treated in this fashion; if an apology Charter, through the development of our bilateral has been sought or made; if the nature of the relations with other states and our active and questions asked was in accordance with normal principled participation in international organis- procedure; if his office has communicated with his ations. The third goal is to promote and protect UK counterpart to register his protest; and if he Ireland’s interests at the heart of the European will make a statement on the matter. [26723/04] Union as it enlarges and develops, including at the convention and subsequent IGC on the Minister for Foreign Affairs (Mr. D. Ahern): Future of Europe, while ensuring an efficient and The Irish singer-songwriter and his driver were effective EU Presidency in 2004 during which the detained and questioned by police at Holyhead historic enlargement of the European Union is for two hours on 18 October after they arrived due to take place. from Dublin. The detention was under the Ter- The fourth goal is to promote Ireland’s trade, rorism Act 2000. He has complained to officials investment and other interests, including its cul- of this Department that the questioning was inti- ture, in close co-operation with other Depart- mate and intrusive and amounted to harassment. ments, State agencies and the private sector, Following this report, the Irish Embassy in ensuring that the State’s network of diplomatic London made contact with the Foreign Office, and consular missions adds real value to this task. and subsequently the Home Office, conveyed the The fifth goal is to make a substantial and effec- initial details, and requested an explanation. The tive contribution to lasting poverty reduction and Home Office has confirmed that it has requested sustainable growth in developing countries a report on the incident from Holyhead. It is through the policy and programmes of Ireland expected that this will be received in the next few Aid, and by working for a just and stable inter- days. I will respond directly to the Deputy when national economic system. The sixth goal is to in receipt of a reply from the British authorities. protect the interests of Irish citizens abroad, My Department does occasionally receive com- maintain and strengthen links with people of Irish plaints with regard to how security checks are ancestry, and provide a modern and efficient handled by the British authorities. We have in the passport and consular service. past consistently raised our concerns with the These goals reflect the priorities with regard to British authorities that the provisions of the Brit- the main policy work areas of the Department at ish Terrorism Act 2000 be applied sensitively to the time the last strategy statement was prepared. ensure they do not cause embarrassment to trav- The policy areas to which these goals refer have ellers, nor discriminate against persons travelling remained my Department’s main priorities between the two islands. The matter is the subject throughout the period from 1997 to date. of regular discussions with the British side. In the intervening period, certain goals have been achieved, such as conclusion of negotiations UN Conventions. on the EU constitution and the conduct of an effective EU Presidency in which enlargement of 225. Mr. J. O’Keeffe asked the Minister for the EU was successfully concluded. Foreign Affairs if he will promote and support a Other primary indications of performance in campaign to establish an UN international con- the period 1997-2004 can be judged in the suc- vention to provide protected status for aid 597 Questions— 28 October 2004. Written Answers 598 workers; and if he will make a statement on the ring to the Arts Plan 2002 to 2006, which pro- matter. [26752/04] jected funding of \70.69 million for 2005. This plan was prepared and approved by the Arts Minister for Foreign Affairs (Mr. D. Ahern): It Council on its own initiative. It has recently been should be recalled at the outset that states are set aside by the council. I will do my utmost to obliged, under international law, to protect the secure the best possible deal for the Arts Council rights of all civilians in their territory, including in the context of the Estimates for next year. aid workers, even in time of war or armed con- flict. Ireland has consistently called upon all states to respect these obligations. Swimming Pool Projects. With regard to a convention to provide pro- 227. Mr. Rabbitte asked the Minister for Arts, tected status for aid workers, the Deputy may be Sport and Tourism when the funding for the pro- aware of the Convention on the Safety of United posed new swimming pool for west Tallaght is Nations and Associated Personnel of 1994, to going to come on stream as South Dublin County which Ireland acceded in March 2002. The con- Council plans to proceed with this development vention applies in respect of UN personnel on are currently held back; and if he will make a defined UN operations, and associated personnel, statement on the matter. [26539/04] that is, personnel provided, with the agreement of the UN, by governments, intergovernmental 228. Mr. Rabbitte asked the Minister for Arts, organisations, or humanitarian non-governmental Sport and Tourism when funding for the new organisations, to assist in the fulfilment of the replacement swimming pool for Clondalkin is mandate of such UN operations. The convention going to come on stream as South Dublin County obliges states parties to take all appropriate Council’s plans to proceed with this development measures to ensure the safety and security of UN are currently stymied and the existing swimming and associated personnel and to protect them pool is in a dangerous state; and if he will make from murder, kidnapping or other attack. It also a statement on the matter. [26540/04] requires states parties to punish the perpetrators Minister for Arts, Sport and Tourism (Mr. of such attacks, and to co-operate with one O’Donoghue): I propose to take Questions Nos. another in any such criminal proceedings. 227 and 228 together. A number of weaknesses have been identified South Dublin County Council has applied for in the legal regime created by the convention, in grant aid under the local authority swimming particular the narrow definition accorded to the term “UN operation”, which prevents the appli- pool programme for a proposed new swimming cation of the convention to non-peace keeping pool in Jobstown in west Tallaght and the operations without a prior declaration of excep- replacement of the existing swimming pool in tional risk by the General Assembly or Security Clondalkin. In June 2004, I approved the contract Council. In response to this, the strengthening of documents for the pool project in Jobstown and the scope of the convention has been discussed this approval allows the county council to invite by the Sixth (International Law) Committee of tenders for the work proposed. Once the tender the UN General Assembly. documentation has been submitted to my Depart- In meetings of the sixth committee, Ireland and ment, the project can be considered further. The its EU partners have been consistent and strong position in regard to the Clondalkin pool is that supporters of the strengthening of the conven- the contract documents for the project are under tion. In the meeting of the sixth committee on consideration in my Department. this matter, held earlier this month, Ireland and Grant aid is not allocated until the tenders have the EU called for the application of the conven- been approved for a project. The maximum grant tion to be extended to all UN operations available under the programme is \3.8 million, delivering humanitarian, political or development which is available towards either the refur- assistance. Discussions on this matter are bishment of existing pools or the provision of new expected to be resumed in spring 2005. pools, subject in both cases to the total grant not exceeding 80% of the eligible cost of the project Arts Council. or, in the case of projects located in disadvantaged areas, 90% of the eligible cost. The 226. Mr. Gormley asked the Minister for Arts, local authority must provide the balance of the Sport and Tourism if the Arts Council budget will \ financing directly or in a combination of local be increased to 70 million in line with the authority funding, community group financing, Government’s own funding strategy for the coun- private sector etc. cil 2002-06; and if he will make a statement on Projects are considered on a case-by-case basis the matter. [26489/04] and consideration is given to such issues as to Minister for Arts, Sport and Tourism (Mr. whether the area is classified as disadvantaged, O’Donoghue): The amount sought by the Arts the number and geographical spread of projects Council is \68 million, which represents an within and between counties, the viability of the increase of almost 30% on the 2004 figure. I pre- project, particularly in regard to operational and sume that when the Deputy refers to “the maintenance issues, overall funding package for Government’s own funding strategy,” he is refer- the project, technical details and the Depart- 599 Questions— 28 October 2004. Written Answers 600

[Mr. O’Donoghue.] may be, shall, with effect from establishment day ment’s annual Estimates provision for the be transferred to, and become members of the programme. staff of, the board of the museum or the board of the library. They will in effect become public Sports Capital Programme. servants from 1 January next. 229. Mr. Penrose asked the Minister for Arts, Second, under section 31(1) of the Act, those Sport and Tourism when the application forms staff serving in a general service capacity will be will be available for community voluntary and given an option to continue to work with their sporting organisations to enable them to apply for respective institution after establishment day, on capital funding to enable them to undertake pro- a secondment basis, for a specified period of time jects in their areas; and if he will make a state- within which they will be required to decide ment on the matter. [26550/04] whether to transfer to the new boards or return to the general service. Details of this secondment Minister for Arts, Sport and Tourism (Mr. arrangement are still being finalised. O’Donoghue): The national lottery-funded sports In all cases where staff are transferred to the capital programme administered by my Depart- new boards, the Act provides that they shall not ment allocates funding to sporting and com- while in the service of the boards receive a lesser munity organisations at local, regional and scale of pay or be made subject to less beneficial national level throughout the country. The pro- terms and conditions of service than those to gramme is advertised on an annual basis. Under which they were subject immediately before the the 2004 sports capital programme I allocated \61 establishment day. million in respect of 738 projects. I will make an The arrangements for safety of the collections, announcement shortly about the timetable for which are and will remain the property of the submission of applications for grants under the State, in both institutions will be no less than at 2005 sports capital programme. present. Maintenance of the buildings will remain a function of the Office of Public Works. A finan- Cultural Institutions. cial provision will be made in the form of grant- 230. Mr. Gregory asked the Minister for Arts, in-aid to both new institutions to enable them Sport and Tourism if he will make a statement take out their own insurance to cover public and on the implementation of the National Cultural employers’ liability. Institutions Act 1997, with regards to the National Library of Ireland and the National Departmental Priorities. Museum of Ireland; the additional staff resources 231. Mr. R. Bruton asked the Minister for that have been put in place for the proper run- Arts, Sport and Tourism the five measurable per- ning of these institutions; the way in which the formance indicators which he regards as target of implementation of the Act will effect the status greatest priority within his Department; the way of existing staff members; the measures that have in which this measure has changed in each year been put in place for the safety and maintenance since 1997; his views on whether confining priori- of the collections; if he has satisfied himself that ties to five indicators gives too partial a picture all reasonable provisions have been or will be of Departmental priorities; and if he will indicate made for the proper maintenance of the build- the movement over the period 1997 to 2004 of ings, public liability insurance; and if he will make other primary indicators of performance. a statement on the matter. [26551/04] [26710/04] Minister for Arts, Sport and Tourism (Mr. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): My Department has been working O’Donoghue): The priorities for my Department, closely with the National Library and the which was established in mid-2002, are articulated National Museum to achieve implementation in the programme for Government and encom- with effect from 1 January next of the key passed in the goals and objectives set out in my sections of the National Cultural Institutions Act Department’s statement of strategy 2003-05 1997. This will mean that the National Library of which is available on the Department’s website. Ireland and the National Museum of Ireland will The performance indicators to measure delivery become non-commercial semi-State bodies from against these goals and objectives are also set out this date, with statutory boards. It is my intention in the statement of strategy. Progress is reported in the context of the 2005 Estimates process to in my Department’s first annual report for 2002- seek a level of funding for both institutions which 03 which is also available on the Department’s would permit them to discharge fully their cur- website. rent functions together with the additional In view of the three large sectoral areas for administrative responsibilities, that they will be which I have responsibility, I do not believe that required to discharge as a result of autonomy. selecting five measurable performance indicators Implementation of the Act will affect the exist- would give a true reflection of the range of poli- ing staff members in two ways. First, under cies and services being delivered in pursuit of the section 30(4) of the Act, those members of staff achievement of my Department’s overall goals who are engaged for the performance of duties and objectives. Work has recently commenced on exclusively in the museum or library, as the case the development of a new statement of strategy 601 Questions— 28 October 2004. Written Answers 602 in the context of which these goals, objectives and Major Accident Hazards Involving Dangerous performance indicators will be reviewed and Substances) Regulations 2000 — SI 476 of 2000 revised as appropriate. — and the European Communities (Control of Major Accident Hazards Involving Dangerous EU Directives. Substances) (Amendment) Regulations 2003 — SI 402 of 2003, which transposed Council Direc- 232. Mr. P. Breen asked the Minister for tive 96/82/EC into national legislation in Ireland. Enterprise, Trade and Employment the name and address of the applicant site and the name of the 234. Mr. P. Breen asked the Minister for establishment in question in tabular form, with Enterprise, Trade and Employment the precise respect to each of the planning applications for difference between upper and lower tier estab- which planning permission was refused arising lishments with respect to the EC COMAH Direc- from the location of the applicant site within the tive 96/82/EC; and if he will make a statement on consultation zone of a Seveso establishment des- the matter. [26463/04] ignated in accordance with the terms of EC COMAH Directive 96/82/EC; and if he will make Minister of State at the Department of a statement on the matter. [26461/04] Enterprise, Trade and Employment (Mr. Killeen): The difference between upper and Minister of State at the Department of lower tier establishments, in terms of Directive Enterprise, Trade and Employment (Mr. 96/82/EC, is based on the levels of dangerous sub- Killeen): The Health and Safety Authority, when stances held at that establishment. The relevant requested to do so by a planning authority or An quantities of dangerous substances that deter- Bord Pleana´la, gives technical advice on land use mine an establishment to be upper tier — the planning when decisions are taken relating to most hazardous — or lower tier are listed in establishments subject to Directive 96/82/EC in Annex 1 to Council Directive 96/82/EC. respect of the following: the siting of new estab- All establishments, subject to the directive, are lishments; the modification of an existing estab- subject to general requirements including that lishment to which Article 10 of Council Directive they must be notified to the Health and Safety 96/82/EC applies; and proposed development in Authority. A major accident prevention policy the vicinity of an existing establishment. document, MAPP, must also be prepared and The local planning authority or An Bord held by the establishment. All are subject to the Pleana´la then makes a decision, based on all the land use planning provisions of the directive. information and advice available to it, as to Upper tier establishments, in addition to the whether planning permission is to be granted. general requirements, must produce and submit The Health and Safety Authority is not required to the authority a detailed safety report and must to be informed of the decision, refusal or other- notify the public within a specified area of safety wise, or reason for such decision of a planning measures to be taken in the event of an emer- authority or An Bord Pleana´la and does not, gency. The relevant local competent authorities therefore, have the requested information. It lies must prepare an external emergency plan to deal within the jurisdiction of the relevant planning with potential major accidents at each upper tier authority or An Bord Pleana´la. establishment. 233. Mr. P. Breen asked the Minister for Enterprise, Trade and Employment when and the Local Employment Service. means by which he proposes to implement Direc- 235. Ms B. Moynihan-Cronin asked the Mini- tive 2003/105/EC; and if he will make a statement ster for Enterprise, Trade and Employment on the matter. [26462/04] when, as provided for in Sustaining Progress, the integration of the local employment service into Minister of State at the Department of the national employment service will take place; Enterprise, Trade and Employment (Mr. and if he will make a statement on the matter. Killeen): Proposals are currently being developed [26499/04] by the Health and Safety Authority for draft regulations to transpose Directive 2003/105/EC of Minister for Enterprise, Trade and Employ- the European Parliament and Council of 16 ment (Mr. Martin): The Programme for Pros- December 2003, amending Council Directive perity and Fairness contained a commitment to 96/82/EC on the control of major-accident haz- integrate the local employment services within ards involving dangerous substances, into the national employment service. More recently, national legislation. a similar recommendation was contained in a The directive is required to be transposed into report on the review of the national employment national legislation before 1 July 2005 and I look service, which was commissioned by my Depart- forward to receiving the authority’s proposals ment. Implementation of that report is under con- towards the end of this year or early in 2005 to sideration in my Department. enable the legal drafting process to be completed within that timeframe. Work Permits. The new regulations will, inter alia, revoke and 236. Ms B. Moynihan-Cronin asked the Mini- replace the European Communities (Control of ster for Enterprise, Trade and Employment if he 603 Questions— 28 October 2004. Written Answers 604

[Ms B. Moynihan-Cronin.] the first instance with the employer. I understand has plans to review the work permit system in from FA´ S that it will be in contact with the relation to the awarding of permits to the spouses employer about this issue. of professionals, and the difficulties this creates for those in seasonal employment; and if he will Waste Disposal. make a statement on the matter. [26500/04] 239. Mr. Hogan asked the Minister for Minister for Enterprise, Trade and Employ- Enterprise, Trade and Employment if he supports ment (Mr. Martin): New arrangements were the application by the IDA to be permitted to introduced earlier this year which were designed store 40,000 tonnes of waste that was illegally to give greater ease of access to employment for dumped at its site at Belcamp, County Dublin; the spouses of certain non-EEA nationals work- and if he will make a statement on the matter. ing in the State under specified schemes and [26580/04] facilities. The non-EEA nationals concerned are persons working here on working visas or work Minister for Enterprise, Trade and Employ- authorisations, certain intra-company transferees, ment (Mr. Martin): The management of IDA certain academics and researchers on work per- Ireland’s industrial property portfolio, including mits and certain registered medical professionals decisions regarding location and size of land on work permits. The facilitation of access to owned by the authority, are day-to-day oper- work for spouses was achieved by eliminating the ational matters for the authority and not matters requirement that the employer in question adver- in which I have a function. tise the job with FA´ S in advance of making a IDA Ireland has informed me that it purchased work permit application, by the acceptance of approximately 48 hectares, 120 acres, in five lots applications for jobs in any category, providing from separate owners at Belcamp, County the original work permit holder is skilled as Dublin, in 1997. As is standard practice, a site define; and by waiving the fees normally payable acquisition report was prepared by consultants in respect of the application of a work permit. engaged by the agency, which involved opening A detailed set of guidelines, outlining the eligi- sample trial pits on the land. This report did not bility criteria and procedures relating to these indicate any impediments with the purchase of arrangements, has been available on my Depart- the site and subsequently the purchase was ment’s website, www.entemp.ie, since April and executed. has been circulated widely. I have no plans at In June 2001, illegal waste was discovered on present to review these arrangements. approximately two acres of this land when Dublin City Council contractors were conducting exca- 237. Mr. R. Bruton asked the Minister for vation works for the laying of the major north Enterprise, Trade and Employment when his fringe sewer. The nature of the illegal waste dis- Department will make a decision concerning a covered is bio-hazardous clinical/general waste person (details supplied) in Dublin 24; the reason and, from analysis, was deposited in the 1980s this person’s application has been delayed, prior to IDA Ireland acquiring the land. IDA despite repeated claims by his Department that a Ireland has begun legal proceeding against the decision was to take up to eight weeks; and if he vendors in regard to this matter and it would be will make a statement on the matter. [26517/04] inappropriate to comment further at this time. Minister for Enterprise, Trade and Employ- Since the discovery, IDA Ireland’s primary ment (Mr. Martin): An application for a work concern has been, and continues to be, health and permit for the above named individual was safety. The agency took immediate action by received on 9 August 2004. This application was fencing off the area, erecting signage and capping recently refused and the work permit section the area with clean soil pending the implemen- wrote to the employer on 27 October 2004 setting tation of a solution. out the reasons for the refusal. IDA Ireland has assured me that it is managing the situation according to best international prac- Statutory Redundancy Payments. tice. It appointed experts to advise on the extent of the problem and its implications with particu- 238. Mr. Stagg asked the Minister for lar emphasis on health, safety and environmental Enterprise, Trade and Employment the reason issues. Specialist environmental consultants were for the delay in payment of statutory redundancy retained to provide expert advice on solutions to a person (details supplied) in County Kildare and extensive consultations with the appropriate ´ who worked under a FAS administrative scheme; regulatory and local authorities were held. if payment will now issue; and if he will make a The containment solution was proposed to statement on the matter. [26518/04] IDA following consultations with the experts as Minister of State at the Department of the best means of solving the problem and Enterprise, Trade and Employment (Mr. addressing concerns regarding the welfare of the Killeen): This relates to a former employee of a surrounding community and environment. This private company that was grant aided by FA´ S containment solution is the subject of a recent under the social economy programme. Responsi- planning application by IDA Ireland to the plan- bility for statutory redundancy payments rests in ning authorities, Fingal County Council and 605 Questions— 28 October 2004. Written Answers 606

Dublin City Council, as the land straddled both American Insurance International was authorised council areas. by IFSRA in June 2004. Santam Europe Limited, with a parent company based in South Africa, Insurance Industry. was authorised by IFSRA in August 2004. 240. Mr. Crowe asked the Minister for Quanta Europe Limited, a subsidiary of Quanta Enterprise, Trade and Employment if, in view of Capital Holdings, Ltd., Bermuda, was authorised the large increase in profits and significant by IFSRA on 1 September 2004. decrease in claims being experienced by My Department and the Competition Auth- insurance companies, he will be arranging a meet- ority have undertaken a joint study to identify ing with representatives of the industry to and analyse barriers to entry and limitations on demand a comparative decrease in motorists rivalry in the insurance marketplace. A prelimi- insurance premiums. [26659/04] nary report and consultation document on com- petition issues in the non-life insurance market Minister for Enterprise, Trade and Employ- was published on 18 February 2004. Following a ment (Mr. Martin): The CSO consumer price consultation period, a final report will be pub- index statistics show that there was a reduction of lished, which will contain recommendations 19.3% in motorcar insurance between the months based on its findings. I expect these reforms will of April 2003 and September 2004. The CSO result in further premium reductions going index is based on averages but many individual forward. policyholders have done much better as is evi- The Deputy might wish to note that following denced from data provided by the Motor the establishment of the Irish Financial Services Insurance Advisory Board, MIAB. Examples provided by MIAB for three specific companies Regulatory Authority, IFSRA, my Department between March 2003 and March 2004 indicate the no longer regulates the insurance industry. My following reductions: 10% to 16% in comprehen- colleague, the Minister for Finance, retains over- sive insurance for a 30 year old male, 10% to 41% all responsibility for policy and legislation in in comprehensive insurance for a 50 year old relation to the provision of financial services in female, and 10% to 45% for third party, fire and Ireland, including insurance. theft insurance for a 21 year old male. My colleague the Minister for Transport, in the Motor insurance market losses from 1997 to light of broader responsibility for legislation 2001 were reversed in 2002 and 2003 and profit regarding motor insurance, including negotiation levels in 2003 have been very significant. and transposition of EU motor insurance direc- However, the cumulative profit margin in motor tives, the operation of the Motor Insurers Bureau insurance between 1997 and 2003 was only of Ireland, the requirement for motor insurance 4.8%. I strongly welcome the premium reductions and road safety, will shortly take over the lead we have seen to date and I expect that further role in relation to policy and legislation on the premium reductions will follow from the new availability and cost of motor insurance, including market conditions now in place. related interdepartmental co-ordination. EU law prevents Governments from interven- ing directly in relation to the matter of premium Work Permits. levels or in respect of what risks insurance com- 241. Mr. Murphy asked the Minister for panies are prepared to underwrite. Governments Enterprise, Trade and Employment if a person are free to take steps to improve the functioning (details supplied) in County Cork can obtain a of the market, and the Government’s concern for work permit for an employee; and if the neces- motorists and businesses regarding insurance pre- sary application form will be forwarded to this mia has been pursued in the insurance reform person. [26694/04] programme. A significant number of the MIAB recommendations, which were central to the Minister for Enterprise, Trade and Employ- reform programme, have been fully implemented, ment (Mr. Martin): Work permits were issued to and the majority of the remaining recommend- Macra na Feirme for a special scheme on the ations are being progressed. understanding that the participants would return Reforms such as the establishment of the Per- to their home country on completion of their sonal Injuries Assessment Board, action in the placement on the scheme. areas of road safety and driver behaviour and the Civil Liability and Courts Act tackling fraudulent Departmental Priorities. and exaggerated personal injury claims will further benefit consumers and genuine claimants 242. Mr. R. Bruton asked the Minister for and drive premium reductions. Enterprise, Trade and Employment the five Competition from new entrants attracted by measurable performance indicators which he the improvement in market conditions will be an regards as target of greatest priority within his important element in ensuring continuing down- Department; the way in which this measure has ward pressure on premia. New entrants in the changed in each year since 1997; his views on motor and liability areas authorised to operate on whether confining priorities to five indicators a freedom-of-services basis in Ireland include Brit gives too partial a picture of Departmental priori- Insurance and ARB Underwriting. Great ties; and if he will indicate the movement over the 607 Questions— 28 October 2004. Written Answers 608

[Mr. R. Bruton.] cutbacks; and if he will make a statement on the period 1997 to 2004 of other primary indicators of matter. [26428/04] performance. [26711/04] 249. Ms Cooper-Flynn asked the Minister for Minister for Enterprise, Trade and Employ- Social and Family Affairs the steps he proposes ment (Mr. Martin): My Department has a broad in order to assist the many vulnerable persons range of responsibilities and activities. These are who are denied rent allowance for the first six grouped together in the Department’s Statement months after lodging an application. [26437/04] of Strategy 2003-2005 under five pillars covering 258. Ms Cooper-Flynn asked the Minister for the following areas: enterprise, innovation and Social and Family Affairs the criteria applied in growth; quality work and learning; making mar- determining loss of rent allowance to persons kets and regulation work better; quality, value refusing a second offer of local authority hous- and continuous improvement; and the European ing. [26535/04] Union. High level performance indicators are set for each of these five pillars. Minister for Social and Family Affairs (Mr. An example of a high-level goal under pillar Brennan): I propose to take Questions Nos. 243, one is the prioritisation of investment in science, 249 and 258 together. technology and innovation and the development Rent supplements are paid under the terms of of the knowledge society. High-level performance the supplementary welfare allowance scheme indicators for this goal include business expendi- which is administered on behalf of my Depart- ture on research and development, and gross ment by the health boards. expenditure on research and development. A There are no circumstances in which women in high-level goal under pillar two involves ensuring domestic violence situations have to remain in that labour market policy responds to changing such situations due to changes introduced into the skills needs and prioritising investment that rent supplement scheme earlier this year. delivers better jobs, life-long learning for all and Equally, there is no question of vulnerable per- enhanced social inclusion. High-level perform- sons being denied rent supplement for the first ance indicators for this goal include: complete six months after lodging an application. reviews of supports to the long-term unemployed All applicants for rent supplement who have and of the national employment service; and an been assessed by a local authority as being in action plan to implement policy for lifelong learn- need of housing, receive rent supplement ing to be completed by the end of 2003 in agree- immediately regardless of how long they have ment with the Department of Education and been renting in the private sector or even if they Science. never rented before. Nobody who needs rent sup- Under the Public Service Management Act, plement is refused if they have a housing need. each Department is required to prepare an If an applicant for rent supplement has not annual progress report on the implementation of been assessed by a local authority as being in the strategy statements. The Department’s most need of housing, they are not excluded from recent annual report, published in May 2004, sets receiving rent supplement on that account. First, out progress against the achievement of goals set a number of categories of people are exempted out in the Statement of Strategy 2003-2005. from the requirement to be assessed by the local My Department is currently reviewing the way authority, including: elderly people; people with in which Departmental performance indicators disabilities; people regarded as homeless by a are set and reported on in the context of the local authority; people leaving institutions such as Public Service Management Act requirement to prisons; and existing bona fide private sector ten- prepare a new strategy statement within six ants, defined as people who have been renting for months of the appointment of a new Minister and six months or more, who have an income main- also to progress the roll-out of the management tenance need, for example, because they have just information framework. That process will estab- become unemployed. lish a set of key performance indicators against Second, a person who applies for rent sup- which progress will be reported in subsequent plement who is not in one of the exempted categ- annual reports. I envisage that, in line with prac- ories may apply to their local authority for an tice in the current strategy statement, the diver- assessment of their housing need. If the local sity of my Department’s responsibilities will authority considers that they have a housing need require significantly more than five performance and the local authority cannot immediately meet indicators. that housing need, then rent supplement is pay- able without delay. Social Welfare Code. The health boards have discretion to award rent supplement in any cases where they feel it is 243. Ms B. Moynihan-Cronin asked the Mini- appropriate to do so even if the person in ques- ster for Social and Family Affairs if his attention tion is not an existing private sector tenant and has been drawn to the reports that women in does not fall into one of the exempted categories. domestic violence situations are being forced to The instructions issued to health boards on imple- remain in such situations due to cutbacks to the menting the new arrangements earlier this year rent supplement; if he intends to reverse these state that the new arrangements do not restrict 609 Questions— 28 October 2004. Written Answers 610 the discretion given to them to award a sup- supplement a year ago; and if he will make a plement in any case where it appears to the board statement on the matter. [26429/04] that the circumstances of the case so warrant. Minister for Social and Family Affairs (Mr. The principal criteria upon which such a deter- Brennan): Recipients of social welfare or health mination might be made include the safety and board payments who have been prescribed a well-bring of the applicant or a situation where special diet as a result of a specified medical con- an applicant is being made homeless or forced to dition and whose means are insufficient to meet use homeless facilities unless rent supplement is their food needs may qualify for a diet sup- paid. Such cases could include people who find plement under the supplementary welfare allow- themselves caught up in violent domestic situa- ance scheme, which is administered on behalf of tions who have to move accommodation because my Department by the health boards. of fears for their safety or well-being. My Depart- Diet supplements are subject to a means test. ment is not aware of anybody in such circum- The amount of supplement payable depends on stances who has been refused rent supplement which of two categories of diet has been pre- since the new measures were introduced. scribed by the applicant’s medical advisor and the In the past it had been possible for people to income of the individual and his or her refuse a housing offer, or multiple offers, from dependants. their local authority in favour of availing indefin- The basis for calculating the amount of diet itely of rent supplement from the health board supplement had remained unchanged since 1996. for private rented accommodation. Rent sup- Subsequent increases in social welfare rates and plement is no longer payable to those who refuse in the cost of special diets had not been taken two such offers of accommodation from their into account in assessing entitlement in individ- local authority. ual cases. In a related development, a new initiative With effect from 1 January 2004, the diet sup- announced in July 2004 will progressively transfer plement scheme was restructured to take account responsibility to local authorities for meeting of increases in social welfare payment rates and long-term housing needs, including those of the rate of food inflation since 1996. In the case people dependent on rent supplement for 18 of new applicants for diet supplement, the months or longer. These new arrangements will amount of supplement payable is based on see local authorities put solutions in place for revised diet costs, \44 for lower cost diets, or \57 people with long-term housing needs, while the for higher cost diets, less one third of the appli- rent supplement scheme will continue to provide cant’s income or one sixth of the joint income in short-term income support in appropriate circum- the case of a couple. People who were in receipt stances. These measures are intended to of a diet supplement prior to the introduction of strengthen the capacity of local authorities to deal the revised regulations on 1 January 2004 con- with actual housing needs in their areas. tinue to receive their existing rate of supplement A working group was established earlier this until such time as there is a change in their cir- year under the Sustaining Progress agreement to cumstances that would warrant a review of their enable the social partners to assess the impact of case. the changes to the rent supplement scheme. The In order to inform future consideration of the scheme, my Department has commissioned a working group, which was chaired by the Depart- short study by the Irish Nutrition and Dietetic ment of the Taoiseach, included representatives Institute to establish what constitutes a standard from ICTU and the community and voluntary pil- healthy nutritional diet and how the cost of such lar, as well as my Department and the Depart- a diet relates to the current rate of social welfare ment of the Environment, Heritage and Local payments. The study will also examine the special Government. This group concluded that the new diets currently prescribed in legislation which measures were not having any significant adverse attract assistance in the form of a diet supplement impacts, taking account of the continuing appro- and examine the appropriate level of assistance priate levels of discretion available to community required to allow individuals cater for any welfare officers in respect of particularly vulner- additional costs involved in providing for special able people. diets. The study is expected to be completed by As previously stated, I have instructed my the end of this year. Department to conduct a review of a number of As previously stated, I have instructed my adjustments to particular welfare schemes that Department to conduct a review of a number of were introduced last year. That review is cur- adjustments to particular welfare schemes, rently under way and I expect that it will be con- including alterations to the dietary supplements, cluded soon. that were introduced last year. That review is cur- rently under way and I expect that it will be con- Social Welfare Benefits. cluded soon. 244. Ms B. Moynihan-Cronin asked the Mini- 245. Mr. Ring asked the Minister for Social and ster for Social and Family Affairs if he has con- Family Affairs when a person (details supplied) ducted an analysis of the impact on recipients of in County Mayo will be approved the carer’s the dietary supplement of the cuts placed on the allowance. [26431/04] 611 Questions— 28 October 2004. Written Answers 612

Minister for Social and Family Affairs (Mr. cre`che facilities in view the importance of sup- Brennan): The person concerned was refused car- porting child care facilities and the discontinu- er’s allowance on the grounds that full-time care ance of cre`che supplements to eligible low and attention as prescribed in regulations was not income parents. [26435/04] required in this case. She was notified of the decision, the reason therefore and her right to Minister for Social and Family Affairs (Mr. appeal on 22 September 2004. Brennan): The equal opportunities child care pro- She lodged an appeal to the Social Welfare gramme operated by my colleague, the Minister Appeals Office on 7 October 2004. As part of this for Justice, Equality and Law Reform, provides process, the additional medical evidence provided capital funding to both private and community in support of this appeal has been submitted to based groups, as well as funding for the staffing the chief medical advisor of my Department for costs of certain community based child care facili- consideration. If this medical evidence provides ties. That programme assists parents to avail of grounds for a more favourable assessment of the educational, training or employment oppor- person concerned the decision will be revised to tunities. reflect this. Health boards have the primary responsibility Under social welfare legislation, decisions on for provision of child welfare supports under the claims must be made by deciding officers and Child Care Act. In that context, the question of appeals officers. These officers are statutorily adequate ongoing health board funding arrange- appointed and I have no role in making such ments for community based or not-for-profit decisions. cre`ches is a matter for consideration in the con- text of health service financing generally. 246. Mr. Ring asked the Minister for Social and I consider that child care and child welfare sup- Family Affairs when an unemployment assistance ports are best provided by consolidating and appeal for a person (details supplied) in County improving these programmes. Mayo will be determined; the number of letters this person has submitted as proof that he is gen- Money Advice and Budgeting Service. uinely seeking work; the number of letters needed to show that he is actively looking for 248. Ms Cooper-Flynn asked the Minister for work; the reason this person’s unemployment Social and Family Affairs the cost of running the assistance was stopped; when this case will be Money Advice and Budgeting Service; the dealt with; if an oral hearing is necessary in this number of centres used; the number of callers case; if so, when it will be scheduled; and when logged for the first half of 2004; and the break- this person’s unemployment assistance will be down of the type of assistance sought. [26436/04] restored. [26432/04] Minister for Social and Family Affairs (Mr. Brennan): The Money Advice and Budgeting Minister for Social and Family Affairs (Mr. Service, MABS, is provided by 52 MABS com- Brennan): There is no specific number of job panies operating out of 65 centres throughout the applications which would be automatically country. There are 130 money advisors and 80 accepted as evidence that a person is available for administrative staff working in the MABS. A or genuinely seeking work. The person concerned total of \11.4 million has been allocated to the was in receipt of unemployment assistance up to service in 2004. 21 September 2004 when, following a review of The first half of 2004 saw an increase in his claim that took account of all the available numbers calling to MABS offices. A total of evidence, including replies to seven job appli- approximately 8,500 clients used the service dur- cations, the deciding officer disallowed the claim ing that period. In 2003 the service helped on the basis that he was not available for full-time approximately 16,000 new clients and had more employment and was not genuinely seeking than 13,000 active cases at any one time. The employment. number of new clients has increased from 9,000 The person concerned has appealed this in 2001 and 12,000 in 2002. An average of 1,700 decision to the Social Welfare Appeals Office. persons per month visit the MABS website at The appeal has been referred to the appeals www.mabs.ie. officer, who is of the opinion that an oral hearing A very high number of those presenting to the is required. He will be advised of the date and MABS are “multiple debt” cases. These are cases venue for the hearing when the necessary where an individual or a family runs into arrears arrangements have been made. Under social wel- with a number of household bills that may include fare legislation, decisions on claims must be made rent or mortgage, ESB bills, hire purchase costs, by deciding officers and appeals officers. These motor tax and insurance, children’s educational officers are statutorily appointed and I have no expenses and personal loans from banks, credit role in making such decisions. unions, money lenders and credit cards. A detailed breakdown of the types of assistance Child Care Services. sought is not available. 247. Ms Cooper-Flynn asked the Minister for Social and Family Affairs the recommendations Question No. 249 answered with Question he has to enhance the future of child care and No. 243. 613 Questions— 28 October 2004. Written Answers 614

Social Welfare Benefits. Minister for Social and Family Affairs (Mr. Brennan): I propose to take Questions Nos. 250 250. Ms Cooper-Flynn asked the Minister for and 257 together. Social and Family Affairs the number of persons Subject to certain conditions, the supplemen- and the amount awarded to them by way of rent tary welfare allowance scheme, which is adminis- allowance or mortgage supplement in 2003 and tered on behalf of my Department by the health the estimated figures for 2004; and the break- boards, provides for the payment of a weekly or down as per local authority or health board monthly supplement in respect of rent or mort- area. [26438/04] gage interest to assist with reasonable accommo- dation costs of eligible people who are unable to provide for their accommodation costs from their 257. Ms Cooper-Flynn asked the Minister for own resources and who do not have accommo- Social and Family Affairs the number of persons dation available to them from any other source. and the total amount paid to them by way of rent Recipient numbers and expenditure on rent allowance or mortgage supplement in 2003 and and mortgage interest supplement, categorised by estimated for 2004; and the break down as per health board, in respect of 2003 and to date in local authority area or health board area. 2004 are set out in the following tabular [26534/04] statements.

Table 1: Rent/Mortgage Interest Supplement details for 2003.

Rent Supplement Mortgage Interest Supplement

Health Recipients* Expenditure Recipients* Expenditure Board

\m \m ERHA 25,523 176.497 1,714 3.673 MHB 2,319 11.158 95 0.191 MWHB 4,348 18.767 284 0.482 NEHB 3,374 15.962 300 0.544 NWHB 2,738 9.364 146 0.190 SEHB 6,190 28.553 427 0.739 SHB 8,985 41.531 595 1.272 WHB 6,499 29.638 372 0.572

Total 59,976 331.470 3,933 7.663 * Recipient numbers reflect position at end of December 2003. Expenditure figure reflects the actual cumulative figure for the year.

Table 2: Rent/Mortgage Interest Supplement details for 2004**

Rent Supplement Mortgage Interest Supplement

Health Recipients* Expenditure Recipients* Expenditure Board

\m \m ERHA 25,566 157.903 1,489 2.419 MHB 2,107 8.862 73 0.118 MWHB 4,106 16.025 244 0.317 NEHB 2,895 11.892 239 0.335 NWHB 2,462 7.924 130 0.150 SEHB 5,900 24.079 371 0.544 SHB 8,351 34.406 520 0.885 WHB 5,927 24.135 309 0.392

Total 57,314 285.226 3,375 5.16 ** Recipient numbers reflect position at 22/10/04. Expenditure is cumulative to 22/10/04 and is provisional only, subject to final account reconciliation.

251. Ms Cooper-Flynn asked the Minister for Minister for Social and Family Affairs (Mr. Social and Family Affairs if it his intention to Brennan): Changes to social welfare schemes and introduce social welfare provisions or adjust services are normally announced in the context of existing provisions in advance of the budget for the annual estimates and budget. The Abridged 2005. [26439/04] 615 Questions— 28 October 2004. Written Answers 616

[Mr. Brennan.] sums from the means test for unemployment Estimates Volume will be published within a few assistance on condition that this part is put into a weeks while the budget will be announced shortly pension fund; his estimate of the cost of after 1 December next. exempting \50,000 of any lump sum in this way; As I have already stated in the House, I am and if he will make a statement on the matter. committed to delivering on the social welfare [26502/04] commitments contained in An Agreed Pro- Minister for Social and Family Affairs (Mr. gramme for Government, Sustaining Progress Brennan): In assessing means for unemployment and the national anti-poverty strategy. I am assistance purposes, account is taken of any cash engaged in meeting a wide variety of community income the person may have, together with the and voluntary groups to hear their concerns. I am value of capital and property. Amounts held in also examining a range of proposals for improve- occupational pension schemes and personal pen- ments in social welfare arrangements in consul- sion products such as PRSAs and retirement tation with my officials and my plans in this annuity contracts are not assessed as capital for regard should be finalised shortly. means testing purposes while they are held in such schemes. In addition, the origin of such pen- Pension Provisions. sion contributions, be it a redundancy lump sum 252. Mr. Connaughton asked the Minister for or otherwise, is not relevant in this context. Social and Family Affairs if his attention has been drawn to the inequity caused by the introduction Pension Provisions. of the reduced old age contributory pension; and 254. Mr. Crawford asked the Minister for if he will make a statement on the matter. Social and Family Affairs the number of persons [26440/04] that are now depending on non-contributory old Minister for Social and Family Affairs (Mr. age pensions; his views on whether many of these, Brennan): To qualify for an old age contributory as self-employed persons, were not eligible to pension, it is necessary for a person to have paid make any PRSI contributions until 1988; if he will social insurance contributions, at an appropriate consider removing the strict means test that is rate, over an extended period. The rate structure imposed on these persons and provide them with is designed to enable as many as possible to a full pension; and if he will make a statement on receive pensions, while at the same time giving the matter. [26508/04] appropriate recognition to the different levels of Minister for Social and Family Affairs (Mr. contribution which people have made to the Brennan): At the end of September 2004, there social insurance fund. were 85,381 people receiving an old age non-con- In this regard, the Government has introduced tributory pension which represents a decline of a number of measures designed to make qualifi- over 20% in the last ten years. Figures in relation cation for old age contributory pensions easier for to the previous employment status of those people with reduced or broken social insurance receiving old age non-contributory pension are records. In 1997, the average yearly number of not available. contributions required for a minimum pension This decline in the importance of the old age was reduced from 20 to ten. Pro-rata pensions are non-contributory pension reflects improved social also available for people with insurance contri- insurance coverage and increased labour force butions at different rates or from other EU coun- participation, particularly for women. Successive tries or countries with whom Ireland has signed a changes to the social insurance system through- bilateral agreement. In addition, special pensions out the period 1974 to 1995 extended coverage to were introduced for those with pre-1953 contri- new groups of workers and this extended cover- butions and for the self-employed who were age is resulting in additional numbers now quali- already over 56 years of age in 1988 when com- fying for contributory payments. pulsory social insurance was introduced for that The Government is committed to extending group. contributory based pensions to as many people as Rather than creating inequities, the measures possible through easing the qualifying conditions introduced, including the creation of half-rate and catering for special groups who marginally pensions, have enabled many people, who up to fail to qualify for a pension. However, the basic 1997 would not have qualified for a payment, to principle underlying entitlement to social welfare qualify. The pensions being received by those on contributory schemes, which requires a certain reduced rate or pro-rata pensions represent a level and type of social insurance, remains an very good return for the contributions paid. All important feature. persons are entitled to an old age non-contribu- Self-employed people who were over 56 years tory pension, subject to a means test. in 1988 when compulsory social insurance was introduced for the self-employed were one of the Social Welfare Benefits. groups for whom a special pension was intro- 253. Mr. R. Bruton asked the Minister for duced. In April 1999 a flat-rate pension of 50% Social and Family Affairs if he will consider of the standard maximum rate with equivalent exempting part of payments of redundancy lump increases for adult and child dependants, was 617 Questions— 28 October 2004. Written Answers 618 introduced based of the payment of 260 contri- of poverty for people in the active age groups is butions. There are currently 16,116 people in through paid employment. receipt of the self-employed pension. The main element of this policy is an earnings The old age non-contributory pension is a disregard of \146.50 per week. Earnings above social assistance payment which is designed to this limit are assessed at 50%, up to a maximum provide financial support for older people who do of \293 per week. The earnings disregard is not qualify for one of the contributory pension designed to facilitate lone parents in entering or schemes. In common with other social assistance re-entering the workforce by enabling them schemes it is payable subject to a means test retain entitlement to their payments until they which is intended to ensure that available become established in employment. It also facili- resources are targeted at those who are most in tates them in availing of training opportunities to need. There are no plans to remove the means prepare them for employment. Lone parents who test for this pension. exceed the upper income limit applying under the scheme may qualify for the family income sup- Social Welfare Benefits. plement. This scheme is designed to provide 255. Ms Cooper-Flynn asked the Minister for income support for employees on low earnings Social and Family Affairs the number of formerly with children. It helps to “make work pay” for unemployed persons that availed of the back to employees with children in circumstances where education allowance in 2003; and the number that otherwise they might only be marginally better are in receipt of the allowance for the 2004-5 off in work than if claiming other social welfare academic year. [26532/04] payments. The employment support services cur- rently in place in my Department offer a number Minister for Social and Family Affairs (Mr. of options which are designed to assist certain Brennan): The back to education allowance is a social welfare recipients, including lone parents, second chance education opportunities pro- return to work. These options are provided gramme designed to encourage and facilitate through the Department’s locally based facilita- people on certain social welfare payments to tors who assist people to access work, training or improve their skills and qualifications and, there- further education. fore, their prospects of returning to the active The back to education allowance scheme is a work force. second chance educational opportunities pro- During the 2003-04 academic year there were gramme designed to encourage and facilitate 5,732 participants in the back to education allow- unemployed people, lone parents and people with ance scheme who were previously in receipt of disabilities to improve their skills and qualifi- an unemployment payment. Applications for the cations with a view to returning to the workforce. 2004-05 are still being processed and to date 5,350 Courses covered under the scheme range from persons formerly in receipt of an unemployment second level through to third level courses of payment have been approved for participation in study. Persons awarded the allowance receive a the scheme. standard weekly rate of payment equivalent to 256. Ms Cooper-Flynn asked the Minister for the relevant social welfare payment prior to par- Social and Family Affairs the financial support ticipation. An annual cost of education allowance \ currently available to help lone parents to re- of 254 is also payable. Almost 1,300 lone parents enter the workforce; and if he will introduce a availed of the scheme in the 2003-04 academic new back to work scheme to support them. year. [26533/04] The back to work allowance scheme is designed to assist the return to work by allowing Minister for Social and Family Affairs (Mr. persons to retain a reducing rate of their social Brennan): The main financial support available welfare payment over a three-year period, when to lone parents is the one parent family payment they take up employment, or four years, if which was introduced in 1997 to replace a number entering self-employment. The allowance is pay- of schemes which catered for different categories able to employees at 75% in year one, 50% in of lone parent. These schemes included lone year two, and 25% in year three. For those parents allowance, deserted wife’s benefit and the engaged in self employment the allowance is pay- non contributory widow and widower’s pension able at 100% in the first year and at 75%, 50%, for those with dependent children. and 25%, respectively, over the following three The one-parent family payment is based on the years. There are currently 1,204 lone parents on need for social welfare support for parents with the scheme, 337 of whom are self employed. The children where a person has not secured impact and effectiveness of these provisions and adequate, or any maintenance from the spouse schemes is being kept under review, in pursuit of or the other parent. One of the objectives of the the commitment given in my Department’s state- scheme is to encourage lone parents to consider ment of strategy to review the income support employment as an alternative to welfare depen- arrangements for lone parents. The main purpose dency, while at the same time supporting them to of the review is to establish the extent to which remain in the home if they so wish. It is generally obstacles remain to recipients taking up employ- accepted that one of the most effective routes out ment. Account will be taken in the review of the 619 Questions— 28 October 2004. Written Answers 620

[Mr. Brennan.] Minister for Social and Family Affairs (Mr. research carried out to date, not least the review Brennan): I welcome the study, to which the of the one parent family payment, published by Deputy refers, and like many others am con- my own Department in September 2000 and the cerned at its findings. It demonstrates the urgency OECD review of family-friendly policies, “Babies of the action required to combat poverty, which and Bosses” Volume II, published in November impacts on our most vulnerable citizens, 2003, which contained a detailed analysis of the especially our children. position in Ireland from a cross-country perspec- The study is based on a sample of 187 children tive. The entire OECD study is currently being drawn from 79 households in Tallaght west. The finalised and conclusions and recommendations, area differs from the average in this country in which will inform my Department’s review, are the following important respects. The population expected shortly. Account is also being taken of is much younger than the average, 54% under 25, policies and programmes pursued in other EU compared with the national average of 37%, and countries, as set out in their national action plans 33% under 15, compared with the national aver- on social inclusion. age of 21%; almost 7% of the population lives with a disability of whom 14.6% are under 15 Question No. 257 answered with Question years age, compared with an national average of No. 250. 5.3%; the proportion unemployed, at 10.6%, is more than twice the national average, while a Question No. 258 answered with Question further 4.6% are unable to work; almost one in No. 243. three, 32.6%, of households are headed by a lone parent, with just under 24% of lone parent house- Pension Provisions. holds having a child under 15 years, compared to 259. Mr. Stanton asked the Minister for Social national averages of 12% and 5.3% respectively; and Family Affairs if a clawback policy relating to the numbers leaving education early are signifi- means-tested pension payments from pensioners’ cantly higher than the national averages. Those wills exists in his Department; the number of such living in the area are, therefore, at a much higher cases taken each year since 2000; and if he will risk of poverty than the national average. make a statement on the matter. [26635/04] The national anti-poverty strategy, which has been in operation since 1997, is being constantly Minister for Social and Family Affairs (Mr. developed, a process being co-ordinated by the Brennan): Social welfare legislation places an office for social inclusion in my Department. It is obligation on people applying for a means-tested designed to meet the type of challenges high- payment to disclose their full means at time of lighted by this study. A report on implementation application and to notify my Department of any of the plan for the period 2003 to 2004 is being subsequent changes. The requirement to submit finalised and will be published shortly. It is a schedule of assets in the case of deceased old intended that this will provide a basis for eval- age non-contributory pensioners is to ensure that uation of the progress made so far in combating the correct rate of pension was payable for the poverty and social exclusion and what the priori- duration of the person’s entitlement. There is ties should be for further action. The evaluation provision in legislation for the recovery of any will take place in consultation with the social overpayments from the assets of the deceased’s partners, the community and voluntary sector and estate. The number of means-tested pension cases other interested parties, with a view to a report where my Department assessed overpayments being forwarded to the EU in June. since 2000 is as follows. A key priority will be to further develop a more effective regional and locally based Year Number of Cases approach to combating poverty, within the con- text of the Revitalising Areas by Planning, Invest- 2000 508 ment and Development, RAPID programme. 2001 442 This programme, launched in 2001, is designed to 2002 406 improve the quality and delivery of services and 2003 388 facilities in identified areas of urban disadvan- tage, which includes parts of west Tallaght. The 2004 (Up to Sept) 247 ongoing review of the NAPS will examine how national policies in areas such as income and employment supports, child care, health, and edu- Family Support Services. cation can be better integrated with locally based services to combat more effectively concen- 260. Mr. Crowe asked the Minister for Social trations of poverty, especially in areas of depri- and Family Affairs if his attention has been vation. Above all it will seek to identify priorities drawn to the recent report, How are our Kids?, for immediate action, given the urgency of signifi- in Tallaght west; and the new measures or sanc- cantly improving the well being of the children, tions he proposes to introduce in response to the whose situation is so well documented in the considerable problems highlighted in the study. report. [26658/04] 621 Questions— 28 October 2004. Written Answers 622

The findings of studies such as this are being 1997 and 2003, the number of claims in payment fully taken into account in this process. I have by the Department rose by 8.6% with particularly also asked my officials to contact the authors of high levels of increases in certain scheme areas. the study with a view to discussing their findings These increases have presented a significant chal- and identifying other priorities for action. lenge to the Department in maintaining overall service levels over this period. Departmental Priorities. In relation to control activity, the Department’s 261. Mr. R. Bruton asked the Minister for control strategy involves a wide range of Social and Family Affairs the five measurable measures and activities to control fraud and performance indicators which he regards as target abuse of the social welfare system. The main indi- of greatest priority within his Department; the cator of performance in this regard is the amount way in which this measure has changed in each of savings arising from control activities. The year since 1997; his views on whether confining overall amount involved increased by 53% priorities to five indicators gives too partial a pic- between 1997 and 2002. ture of departmental priorities; and if he will indi- cate the movement over the period 1997 to 2004 Citizen’s Information Centres. of other primary indicators of performance. 262. Mr. G. Mitchell asked the Minister for [26712/04] Social and Family Affairs if he will review the Minister for Social and Family Affairs (Mr. situation at an information service (details Brennan): As the Deputy suggests, the range of supplied) in Dublin 12 which will have to make activities in which my Department is involved three positions redundant if Comhairle plans to makes it difficult to convey an adequate picture reduce financing go ahead; if he will identify of the Department’s performance through a small additional sources of funding which would be number of specific indicators. relatively modest; and if he will make a statement The process of producing period statements of on the matter. [26730/04] strategy, as Departments are now required to do Minister for Social and Family Affairs (Mr. under the Public Service Management Act 1997, Brennan): Comhairle, which comes under the require that Departments set out key objectives aegis of this Department and is the national and performance indicators for the different agency responsible for information, advice and areas of business in which the Departments are advocacy on social services, funds a network of engaged. The learning process which this involves citizen’s information centres around the country. is helping to clarify the key indicators of progress Citizen’s information centres provide comprehen- for Departments in delivering on their remit. sive information on the full range of social ser- The production of performance indicators also vices available to citizens from state and volun- requires investment of resources in technology to tary agencies. support this. In that regard the management The Citizen’s Information Centre in question information framework project which is being receives its core funding from FA´ S under the implemented as part if the programme of mod- social economy programme. Comhairle provided ernisation of the public service will enable the a supplementary grant of \95,630 to the centre in production of more comprehensive indicators and 2004 which enabled the centre to have a level of improved systems for measuring and reporting on staffing that is above the norm for CICs. The inputs, outputs and outcomes. social economy programme is due to finish in Over the period since 1997, my Department mid-November 2004 and FA´ S has indicated that has used a range of indicators to measure pro- it does not intend to allocate any further funding gress on the delivery of its responsibilities. The to the centre. The board of Crumlin CIC was key areas in relation to which performance is informed in 2001 by Comhairle that on the con- measured are, first, customer satisfaction, second, clusion of the social economy programme in Nov- processing times for new claims and, third, the ember 2004, the centre would have to revert to level and effectiveness of control and anti-fraud staffing levels that are consistent with citizens activity. information centres countrywide. In relation to customer satisfaction, my Depart- To develop further outreach services, Comh- ment carries out periodic surveys of customers airle has decided to provide funding for an and consultation exercises to determine levels of additional part-time information officer post. satisfaction and obtain views on the service pro- Staffing levels will be reviewed on a yearly basis vided. While these surveys show consistently high with the board of the CIC and additional levels of overall customer satisfaction, the exer- resources allocated if deemed appropriate. cises are used to identify specific areas where improvement is required and to target resources Social Welfare Benefits. towards these areas. In relation to processing times, my Department 263. Ms O’Sullivan asked the Minister for publishes a set of targets covering the different Social and Family Affairs if it is possible to grant payment schemes for which it is responsible and retrospective payments to workers in cases in these are used to assess performance and to which it becomes apparent that there was no redirect resources where necessary. Between reasonable expectation of a returning to full-time 623 Questions— 28 October 2004. Written Answers 624

[Ms O’Sullivan.] informed, however, that the runway was never employment in cases in which the workers were extended beyond 7,500 feet and it was withdrawn in receipt of systematic short-term payments from service in 1990. I also understand that there rather than casual payments; and if he will make was no indication in the documents of a possible a statement on the matter. [26751/04] extension of the north-west to south-east runway above its then and current operational length of Minister for Social and Family Affairs (Mr. 6,800 feet. The documents of March 1968 also Brennan): Social welfare legislation provides that indicated the proposed parallel runways. a person is regarded as being engaged in system- atic short-time working where his or her full-time With regard to the western threshold of pro- working week is reduced by his or her employer posed parallel runway 10/28, Dublin Airport due to a downturn in business and where there is Authority informs me that the distance remains a clear repetitive pattern of employment each unchanged at approximately 425 metres east of week. The number of days of benefit payable Kingston Crossroads. each week to a systematic short-time worker is limited to ensure that the total number of days Land Acquisition. paid and the number of days worked do not 265. Mr. P. Breen asked the Minister for Trans- exceed five. port if he will outline in tabular form the name Similarly, the criteria for classification as a cas- of the landowners with respect to all the plots of ual worker are also set out in legislation. A per- land acquired by his Department by means of son who is not classified as either a casual worker compulsory purchase orders at each of the State or a systematic short-time worker is considered airports from whom such lands were compulsorily to be a part-time worker for unemployment bene- acquired; the operative dates of such orders; the fit purposes. areas of land in question; the reason or reasons Where it comes to light that a systematic short- for such compulsory acquisition; and if he will time arrangement no longer applies, it is open to make a statement on the matter. [26455/04] the deciding officer to re-classify the claimant as either a part-time or casual employee, and to 266. Mr. P. Breen asked the Minister for Trans- revise the unemployment benefit claim accord- port if he will outline, in tabular form, the names ingly. The date from which the revision is effec- of the applicants, the address of each of the appli- tive depends on the circumstances of the individ- cant sites, the stated reason for such objections ual case in accordance with the criteria set out in and appeals, the applicable planning reference legislation. Where a person is dissatisfied with a numbers and the final outcomes of such objec- decision made by a deciding officer, he or she tions and appeals with respect to all the planning may appeal the decision to the social welfare applications to which his Department lodged appeals office. objections and-or appeals at each of the State air- ports; and if he will make a statement on the Airport Development Projects. matter. [26456/04] 264. Mr. P. Breen asked the Minister for Trans- Minister for Transport (Mr. Cullen): I propose port if the existing north-east to south-west and to take Question Nos. 265 and 266 together. north-west to south-east runways were shown Under the Air Navigation and Transport extended to 8,500 and 8,250 feet, respectively, (Amendment) Act 1998, as amended by the State while two new parallel runways, each of which Airports Act 2004, Dublin Airport Authority, was 11,500 feet in length, were also shown with formally Aer Rianta, is responsible for any pro- respect to the airport development plan prepared posals to compulsorily acquire land in accordance by his Department for Dublin Airport on 11 with sections 17 and 18 of the 1998 Act. The air- March 1968; and if he will make a statement on port authority also has a statutory mandate to the matter. [26454/04] manage and develop the State airports while planning issues relating to proposed devel- 267. Mr. P. Breen asked the Minister for Trans- opments in the vicinity of the airports are a port , further to Question No. 326 of 25 May 2004, matter for the relevant planning authorities. Since if the western threshold of proposed runway the coming into force of the 1998 Act, my Depart- 10/28, as depicted on the recently launched ment has not compulsorily acquired land at the Dublin Airport Authority plan, still remains a State airports nor has it lodged objections or distance of approximately 425 metres east of appeals in connection with planning applications Kingston Crossroads; and if he will make a state- at the airports. ment on the matter. [26457/04] As regards the period preceding the coming Minister for Transport (Mr. Cullen): I propose into force of the 1998 Act, I do not believe that I to take Questions Nos. 264 and 267 together. could justify the significant use of resources and I understand from the Dublin Airport Auth- expense required to examine relevant records, ority that the documents of March 1968 referred which date back as far as the 1930s. However, if to by the Deputy depicted the then existing the Deputy wishes to write to me in relation to north-east to south-west runway with a possible any particular compulsory acquisition order at a extension of 1,000 feet, which would have State airport or in relation to an objection or brought its overall length to 8,500 feet. I am appeal concerning a particular planning appli- 625 Questions— 28 October 2004. Written Answers 626 cation, my Department will endeavour to assist point offence. A driver who commits this offence with his inquiry in a helpful and practical manner. will incur three penalty points on conviction in court and one penalty point on payment of a Question No. 267 answered with Question fixed charge in lieu of going to court. The afore- No. 264. mentioned 1997 and 1998 regulations also pro- hibit parking in a cycle track. That offence will Airport Red Zones. not attract penalty points as is the case in respect 268. Mr. P. Breen asked the Minister for Trans- of all parking offences with the exception of the port further to Parliamentary Question No. 43 of offence of parking a vehicle in a dangerous 13 February 2001, if it was stated that the essen- position. tial purpose of the so-called red zones at airports Road Safety. is to control the erection of buildings within those zones which by their height may interfere with 270. Mr. R. Bruton asked the Minister for the safe take-off or landing of aircraft; if such pur- Transport if he has reviewed the recent accident pose was the precise reason for the concept of records in Dublin city, which reveal the high risk protected areas as provided for by way of section of accident suffered by motor cyclists; if he will 14 of the Air Navigation and Transport Act 1950; consider opening bus lanes to use by motor and if he will make a statement on the matter. cyclists as a measure to help reduce the risk; if [26458/04] he has had communications with the Director of Traffic for Dublin city regarding the possibility of Minister for Transport (Mr. Cullen): I can con- opening bus lanes to motor cyclists; and if he will firm that the former Minister for Public make a statement on the matter. [26460/04] Enterprise, Senator O’Rourke, stated that: “The essential purpose of the so-called red zones at Minister for Transport (Mr. Cullen): Statistics Irish airports is to control the erection of build- relating to road accidents, based on information ings within those zones which by their height may provided by the Garda Sı´ocha´na, are published interfere with the safe take off or landing of air- by the National Roads Authority in its annual craft.” However, it would not be appropriate for road accident facts reports. The most recent me to interpret the Air Navigation and Transport report is in respect of 2002 and that report, along Act 1950. The interpretation of law is a matter with reports relating to previous years, are avail- for the courts. able in the Oireachtas library. In a reply to a similar question on 29 June 2004, The 2002 report shows that, in respect of my predecessor, Deputy Brennan, pointed out Dublin city, four motorcyclists were killed and that the High Court, in a judicial review case 235 were injured. This compares with a total of between Mr. Sean Liddy and the Minister for 44 motorcyclists killed and 971 injured nationally Public Enterprise, the Irish Aviation Authority, during that year. Of that total figure, 12 drivers Aer Rianta Teoranta, Ireland and the Attorney and two passengers killed were not wearing hel- General, ruled in February 2003 that the use of mets and 231 drivers and 18 passengers were either section 14 orders or the planning process injured while not wearing helmets. is permissible for restricting development in the The use of bus lanes is provided for in the vicinity of airports. Road Traffic (Traffic & Parking) Regulations 1997 and 1998. The primary purpose of bus lanes Road Traffic Offences. is to facilitate and promote bus-based public transport. The regulations, which have national 269. Mr. R. Bruton asked the Minister for application, generally limit the use of bus lanes to Transport the circumstances in which it is an buses and, in the case of with-flow bus lanes, to offence for motorists to use cycle lanes; if this is cyclists also. Having regard to the role of taxis an offence which is included in the penalty points in providing on-street immediate hire service, an system; and if he will make a statement on the exemption to the restriction relating to the use of matter. [26459/04] with-flow bus lanes is allowed in respect of taxis Minister for Transport (Mr. Cullen): The statu- when they are being used in the course of tory basis for the use of cycle tracks is set out in business. the Road Traffic (Traffic and Parking) Regu- An overriding concern is the carrying capacity lations 1997 and 1998. The regulations provide of bus lanes and the potential that their primary for two types of cycle tracks. The first is delin- role to provide bus priority could be undermined eated by the provision of a full white line. Mech- if other vehicles are allowed access. However, anically propelled vehicles may not be driven representations have been received by my along or across such a cycle track except for the Department seeking to extend access to bus lanes purpose of accessing or egressing a place adjacent with regard to a wide range of other road users to the track. That restriction does not apply in including hackney and limousine operators and respect of a cycle track that is delineated by a motorcyclists. A review of the access issue was broken white line. carried out in 2001. As part of that review, the The offence of breaching restrictions on driving views of the director of traffic in Dublin City a vehicle on a cycle track is scheduled in the Road Council, the Dublin Transportation Office and Traffic Act 2002 to be rolled out as a penalty the Garda Sı´ocha´na were sought. All of those 627 Questions— 28 October 2004. Written Answers 628

[Mr. Cullen.] the Cork-Dublin route to be allocated to other bodies suggested there should be no change to routes, including the services to Kerry. the current position. I do not have any immediate In the December 2004 timetable, a number of proposals to review the question of extending additional services were introduced to facilitate access to bus lanes to other road users. travel on the line between Tralee and Cork and I understand that these services are proving popu- Road Traffic Offences. lar with Irish Rail’s customers. 271. Mr. Gilmore asked the Minister for Trans- port if he has plans to amend the road traffic Taxi Hardship Payments. legislation to empower the Gardaı´ to seize a car 273. Dr. Upton asked the Minister for Trans- which is not displaying tax or insurance discs, and port further to Parliamentary Question No. 258 does not have a driver at the time of seizure; and of 12 October 2004, if he will verify the accuracy if he will make a statement on the matter. of the information obtained from Area Develop- [26537/04] ment Management Limited as the applicants in Minister of State at the Department of Trans- question responded to all queries in full in corre- port (Mr. Callely): Section 41 of the Road Traffic spondence of 25 July 2004 and received by Area Act 1994 provides for the detention, removal and Development Management Limited on 29 July storage of a vehicle that is in use in a public place 2004; the information outstanding to this file; and by a member of the Garda Sı´ocha´na who is of the if he will make a statement on the matter. opinion that the vehicle is not insured for such [26675/04] use or that the excise duty on the vehicle has not Minister for Transport (Mr. Cullen): The been paid for three months prior to such use. Deputy is aware from my previous reply that the There are no plans to amend the legislation processing and consideration of applications since, of itself, the absence of a motor tax disc or under the taxi hardship payments scheme is being an insurance disc does not necessarily mean that undertaken independently of my Department by motor tax has not been paid or that motor Area Development Management Limited. My insurance cover is not in place and would not Department has no details of applications made therefore constitute sufficient grounds for for- to Area Development Management Limited ming such opinion. However, if there is some under the scheme. Moreover, Area Development specific issue that the Deputy is concerned about, Management Limited is obliged to manage the he should send me the details and I will be glad scheme in a confidential manner and afford indi- to examine it. vidual applicants privacy. I am, therefore, not in a position to comment on specific details of any Rail Services. individual case. 272. Mr. Ferris asked the Minister for Trans- In response to the Deputy’s question, I have port when the promised improvement in rail ser- again made enquiries with Area Development vices to County Kerry will come on stream. Management Limited which has confirmed to my [26547/04] Department that there are specific outstanding issues with regard to the application referred to Minister for Transport (Mr. Cullen): Iam by the Deputy and that these issues are being fol- \ informed by Irish Rail that since 1994 over 50 lowed up with the applicant. million has been invested in the Mallow-Tralee railway line. This involved the total relaying of Departmental Strategy Statements. the line and the replacement of old track with new continuous welded rail, CWR, and the 274. Mr. R. Bruton asked the Minister for upgrading of customer facilities on the route. The Transport the five measurable performance indi- Kerry route re-signalling project, which com- cators which he regards as targets of greatest menced in February 2004, is due to be completed priority within his Department; the way in which in the spring of 2005. The project involves the this measure has changed in each year since 1997; replacing of the old semaphore mechanical sig- his views on whether confining priorities to five nalling system by a computer-controlled colour indicators gives too partial a picture of depart- light signalling system on the Tralee-Mallow mental priorities; and if he will indicate the move- section of the line. The re-signalling project is ment over the period 1997 to 2004 of other pri- designed to deliver significant service improve- mary indicators of performance. [26713/04] ments to rail customers who use the Tralee- Minister for Transport (Mr. Cullen): My Dublin route. \ Department is working on a new statement of Irish Rail has already placed a 116 million strategy, as required under the Public Service order for a fleet of 67 new purpose built InterCity Management Act 1997. Performance indicators carriages. When delivered late next year, they will will be included in the statement, a copy of which be used on all Cork-Dublin services, and when will be sent to the Deputy once it is finalised. the full fleet is in service in 2006, they will allow Irish Rail to deliver an hourly service in each Community Development. direction on the Cork-Dublin route. They will also allow the carriages currently operating on 275. Ms B. Moynihan-Cronin asked the Mini- 629 Questions— 28 October 2004. Written Answers 630 ster for Community, Rural and Gaeltacht Affairs Community Development. when he proposes to make a decision on an appli- 278. Mr. Ring asked the Minister for Com- cation for funding by a group in County Kerry munity, Rural and Gaeltacht Affairs when fund- (details supplied); and if he will make a statement ing will be provided to a community centre on the matter. [26450/04] (details supplied) in County Mayo; when the 276. Ms B. Moynihan-Cronin asked the Mini- application for funding was received in his ster for Community, Rural and Gaeltacht Affairs Department; when he expects to announce fund- the status of the application by a locally-based ing for it; and the stage the application is at. voluntary organisation in County Kerry (details [26453/04] supplied); when he intends to make a decision on the application; and if he will make a statement Minister of State at the Department of Com- on the matter. [26451/04] munity, Rural and Gaeltacht Affairs (Mr. N. Ahern): The programme of grants for locally- Minister of State at the Department of Com- based community and voluntary organisations for munity, Rural and Gaeltacht Affairs (Mr. N. 2004 offers two schemes of once-off grants to Ahern): I propose to take Questions Nos. 275 and local voluntary and community groups. These are 276 together. the scheme of equipment and refurbishment The programme of grants for locally-based grants which provides essential physical supports community and voluntary organisations for 2004 for the local community and voluntary sector, and offers two schemes of once-off grants to local vol- the scheme of education, training and research untary and community groups. These are the grants which is aimed at enhancing the capacity scheme of equipment and refurbishment grants of local communities. An application was which provides essential physical supports for the received from the group in question on 31 May local community and voluntary sector, and the 2004. scheme of education, training and research grants The process of assessment of the large number which is aimed at enhancing the capacity of local of applications received under the scheme is near- communities. An application was received under ing completion and I expect to make an this programme from the group in question. announcement on funding within the next week. The process of assessment of the large number All applicants will be notified of the outcome of of applications received under the scheme is near- their application shortly thereafter. ing completion and I expect to make an announcement on funding within the next week. 279. Mr. Crowe asked the Minister for Com- All applicants will be notified of the outcome of munity, Rural and Gaeltacht Affairs if his atten- their application shortly thereafter. tion has been drawn to the recent report, How are our Kids?, in west Tallaght; and the new Dormant Accounts Fund. measures or sanctions he proposes to introduce in response to the considerable problems high- 277. Ms B. Moynihan-Cronin asked the Mini- lighted in the report. [26656/04] ster for Community, Rural and Gaeltacht Affairs if an application for grant aid from the dormant Minister for Community, Rural and Gaeltacht accounts funds by an organisation in County Affairs (E´ amon O´ Cuı´v): I would firstly like to Kerry (details supplied) will be facilitated; when welcome this report, which has highlighted a he proposes to make a decision on the appli- number of issues facing the community in west cation; and if he will make a statement on the Tallaght. As the Deputy is aware, this matter is matter. [26452/04] being debated in the House this week in the con- Minister of State at the Department of Com- text of a Private Members’ motion and I took the munity, Rural and Gaeltacht Affairs (Mr. N. opportunity during the first part of that debate Ahern): Decisions on the disbursement of funds yesterday evening to fully outline the extent of from dormant accounts moneys are currently a the Government’s commitment to respond posi- matter for the dormant accounts fund disburse- tively to the recommendations in the report. ments board, an independent body established In particular, the Government is committed to under the Dormant Accounts Acts. The board the continued effort to address the challenge of has engaged Area Development Management anti-social behaviour. This effort includes such Limited to administer the initial round of funding initiatives as the ongoing Garda Sı´ocha´na youth on its behalf, which will involve the disbursement diversion projects and juvenile diversion pro- of up to \60 million from the fund. gramme which operate in communities nation- I understand an application from the group wide, including Tallaght. A review is ongoing by concerned has been received by Area Develop- Garda management of current and future accom- ment Managed Limited. All applications received modation requirements of the Garda Sı´ocha´na in will be evaluated by Area Development Manage- Tallaght, with a number of different options ment Limited against the criteria set out in the being considered with a view to finalising pro- published guidelines and recommendations made posals in the near future. to the dormant accounts fund disbursements The Government has given an ongoing com- board for decision. The group concerned will be mitment of significant funding for the support advised of the outcome in due course. and creation of child care places in the Tallaght 631 Questions— 28 October 2004. Written Answers 632

[E´ amon O´ Cuı´v.] and budget cycle. Given its position as the first area, with over \4.4 million allocated to the area constitutional language, my objective is to ensure to date for this purpose. The improvement in that delivery through the Irish language of public early school provision is also a priority through services by public bodies — including provision initiatives such as the provision of Early Start pre- of information about services and activities — is school places for children at risk of social disad- seen as normal and appropriate to meet minimum vantage. Other educational measures include standards of customer service. With regard to reading support programmes and extra teaching area development partnerships, the position is resources to decrease pupil-teacher ratios. that each partnership receives an overall sum of Additional support to reduce early school-leaving funding to meet its operational costs and, within is provided through the disadvantaged areas that overall amount, is responsible for managing scheme and the school completion programme. its various spending requirements and priorities. The Government is committed to further I am encouraged by the extent to which a improve the environment in the estates surveyed number of public bodies have incorporated, even and continue with the housing estate enhance- in advance of the Official Languages Act being ment scheme initiated this year under the RAPID implemented, Irish language publications and programme. Some \7 million of investment in website material into the mainstream of their ser- RAPID areas under the second phase of the vice provision. equality for women measure is earmarked for projects benefiting women in these areas and Departmental Strategy Statements. includes a number of applications from groups in 281. Mr. R. Bruton asked the Minister for the west Tallaght area. The Minister for Justice, Community, Rural and Gaeltacht Affairs the five Equality and Law Reform expects to be in a posi- measurable performance indicators which he tion to allocate funding under the measure by the regards as targets of greatest priority within his end of the year. The Government is also Department; the way in which this measure has developing mechanisms which will lead to better changed in each year since 1997; his views on delivery by the RAPID programme, including whether confining priorities to five indicators better local co-ordination, the leverage fund for gives too partial a picture of departmental priori- small works, and the ring-fencing of funds under ties; and if he will indicate the movement over the the dormant accounts fund towards RAPID period 1997 to 2004 of other primary indicators of areas. We will continue to develop the RAPID performance. [26714/04] initiative in all its strands beyond 2006, including an ongoing commitment to the further prioritis- Minister for Community, Rural and Gaeltacht ation of RAPID areas in decision-making by Affairs (E´ amon O´ Cuı´v): As the Deputy is aware, Departments. my Department was established in June 2002. Priority goals and strategies, incorporating rel- Irish Language. evant commitments from the programme for Government, together with related performance 280. Mr. O’Shea asked the Minister for Com- indicators, are set out in my Department’s munity, Rural and Gaeltacht Affairs if com- strategy statement and have been reported upon munity development partnerships are required to in my Department’s annual reports for 2002 and produce their annual reports in bi-lingual format; 2003. if he will provide additional funding towards the production of the Irish language version; and if he Grant Payments. will make a statement on the matter. [26683/04] 282. Mr. Connaughton asked the Minister for Minister for Community, Rural and Gaeltacht Agriculture and Food the reason the 2004 grants Affairs (E´ amon O´ Cuıv): As the Deputy is aware, ´ have not been awarded to a person (details section 10(b) of the Official Languages Act 2003 supplied) in County Galway; and if she will make provides for the simultaneous publication in both a statement on the matter. [26474/04] official languages of a limited number of key governance documents such as annual reports Minister for Agriculture and Food (Mary and accounts. The area partnership companies Coughlan): The person named was selected for are public bodies for the purposes of the Act. An an on-farm inspection in 2004. It was found that annual report is one of the key documents by adequate deductions had not been made for which public bodies account back to the general buildings, a yard and a road. This resulted in an public, to their specific customers and to the area over-claim of 0.65 hectares. His 2004 area Oireachtas in relation to how they have, in the aid application has been fully processed, without previous year, discharged their public functions. penalty, and with a slightly reduced area of 44.83 The question of provision of funding for spec- hectares determined for payment purposes. ific administrative costs for individual public Payment of the 2004 ewe premium was made bodies — whether these relate to the Official to the person named on 19 October 2004. Pay- Languages Act or any other service delivery or ment of the supplementary premium and the 2004 policy obligation arising — falls to be assessed area based compensatory allowance, which had against formal business cases or proposals sub- been withheld pending clearance of the area aid mitted as part of the normal annual Estimates application, will be made shortly. 633 Questions— 28 October 2004. Written Answers 634

The person named is not an applicant under The person named lodged no applications the suckler cow premium scheme, nor to date under the 2001, 2003 and 2004 EU special beef under the 2004 EU special beef premium scheme. premium scheme. An application was received To date, the person named has no eligible ani- under the 2002 special beef premium scheme on mals under the 2004 EU slaughter premium 31 December 2002 in respect of two animals. Pay- scheme. However, my Department is contacting ment on this application cannot be processed the person named regarding one animal, which until outstanding suckler cow queries are was slaughtered in September, concerning the resolved. Eligibility for the 2001 EU slaughter potential eligibility of that animal under the premium has been determined in respect of one scheme. animal. However, payment did not issue in The person named has submitted an appli- respect of this animal as the person named did cation under the 2004 extensification premium not return a duly completed producer acknowl- scheme. Payments under this scheme are due to edgement form to my Department. Should the commence in June 2005. The application will be person named return this form at this stage, pay- considered in due course. ment will be considered. With regard to the extensification premium, 283. Mr. Connaughton asked the Minister for the person named participated in these schemes Agriculture and Food if a person (details in 2001, 2002, 2003 and 2004. For 2001 and 2002, supplied) in County Galway is entitled to an he opted for the census system for the purposes income supplement; if there are any other top-up of determining the stocking density of his hold- payments available to this person; and if she will ing. To be considered for payment under both make a statement on the matter. [26475/04] years’ schemes, herd owners must have submitted the CEN.1 and CEN.2 forms, declaring the Minister for Agriculture and Food (Mary numbers of bovine animals present on their hold- Coughlan): A TB round test on 3 September 2004 ings at each census date. The person named did disclosed one reactor animal in this person’s herd not lodge these forms with his local district live- of 24 cattle. The herd was restricted and it has stock office and, for this reason, he cannot be been listed for a reactor re-test on 20 November considered for payment of the premium. With 2004. To qualify for the income supplement grant, regard to the 2003 extensification premium, the more than 10% of a herd must be disclosed as position is that the stocking density of the holding reactors. Since fewer than 10% of the herd was cannot be determined until the outstanding issues disclosed as reactors in this case, the person con- already highlighted with regard to the identifi- cerned does not qualify for income supplement. cation and registration of animals have been An application form to enable the person resolved. Payment of the extensification premium referred to apply for a grant under the hardship where due is based on the numbers of animals on grant scheme has been issued. This will be con- the holding on which the herd owner in question sidered on receipt under the terms and conditions has already qualified for payment of the suckler of the scheme. cow premium and-or the special beef premium. The person named has also submitted an appli- 284. Mr. Connaughton asked the Minister for cation under the 2004 extensification premium Agriculture and Food the reason the 2001 suckler scheme. Payments under this scheme will com- cow and other grants have not been awarded to mence in June 2005. The application will be con- a person (details supplied) in County Galway; sidered in due course. and if she will make a statement on the Payments under the 2001, 2002, 2003 and 2004 matter. [26476/04] area based compensatory allowance scheme were made to the person named on 24 September 2001, Minister for Agriculture and Food (Mary 16 October 2002, 19 September 2003 and 17 Sep- Coughlan): The person named stated that he tember 2004 respectively. The final year payment wished to apply for premium on 25 animals under under a REPS 1 contract issued to the person the 2001, 2002, 2003 and 2004 suckler cow pre- named in February 2002. He has not made an mium schemes, 25 being the number of quota application to re-join REPS since then. rights on record for him. While he submitted 25 cattle identity cards with his 2001 application, he 285. Mr. Kehoe asked the Minister for Agri- only submitted 12, 16, and 20 cattle identity cards culture and Food when a person (details respectively with the other applications. He has supplied) in County Wexford will be granted the not been paid on foot of these applications bullock slaughter premium; the reason for the because of delays in replying to queries issued to delay in processing the payment; and if she will him concerning the identification and registration make a statement on the matter. [26503/04] of some of the animals to which his application related. A final decision on eligibility for pay- Minister for Agriculture and Food (Mary ments on the 2001 and 2002 applications will be Coughlan): The person named has to date lodged taken in the coming week by my Department and five applications under the 2004 EU special beef will be notified in writing to the person named. premium scheme, one on 17 February 2004 in He is being given more time to answer the quer- respect of seven animals, one on 2 June 2004 in ies with regard to the 2003 and 2004 applications. respect of eight animals, one on 21 June 2004 in 635 Questions— 28 October 2004. Written Answers 636

[Mary Coughlan.] culture and Food if a person (details supplied) respect of six animals, one on 30 August 2004 in in County Wexford made an application for farm respect of seven animals and one on 4 October family partnership for milk production while 2004 in respect of 17 animals. While all appli- remaining in REP scheme, would this be accept- cations have been processed for payment, pay- able; and if she will make a statement on the ment has not issued due to an unresolved query matter. [26587/04] relating to the 2004 area aid application lodged Minister for Agriculture and Food (Mary by the person named. The area aid unit of my Coughlan): Applications for the registration of Department has been in contact with the person new entrant and-or parent partnerships are not named concerning an over-claim on the 2004 area made to my Department but to Teagasc which is aid application and it is expected that this matter the registration body designated under the milk will be resolved shortly. After this, the special quota regulations. I am informed that no appli- beef premium applications will be processed cation has been made in the case of the person further on the basis of the area established. mentioned. Under the 2004 EU slaughter premium Being in REPS does not disqualify a producer scheme, 48 animals have been deemed eligible for from forming a new entrant and-or parent milk payment to the person named. The 60% advance production partnership. However, to operate payment has issued in respect of 36 of these ani- such a partnership, all the farming enterprises of mals slaughtered between 1 January 2004 and 31 \ the partners, other than certain specialist August 2004 to the amount of 1,782.00. Advance enterprises, must be pooled. The resultant change payment in respect of the 12 other eligible ani- to the farming operations of the partners may mals slaughtered in September is due to issue in have implications for compliance with the con- November. ditions of any existing REPS contract. The named person should, therefore, contact my Department Grant Payments. for guidance on the precise implications for his 286. Mr. Murphy asked the Minister for Agri- participation in REPS of forming such a culture and Food the status of payments due to a partnership. person (details supplied) in County Cork; if there is a fine being imposed on their REP scheme pay- Rural Environment Protection Scheme. ment; if there is a fine, if this money will be taken 289. Mr. Kehoe asked the Minister for Agri- from payment due for beef premium moneys due, culture and Food the way in which her policy on or from money due from the REP scheme. a person who is in a REP scheme and wishes to [26504/04] apply for milk production farm family partner- Minister for Agriculture and Food (Mary ship operates; the way in which they apply for the Coughlan): Following a REPS compliance inspec- above; and if she will make a statement on the tion carried out in March of this year, a penalty matter. [26588/04] had to be imposed as the planned animal housing Minister for Agriculture and Food (Mary facilities had not been provided. Penalties are Coughlan): Participation in both REPS and the recovered from the next payment due to the new entrant and-or parent milk production part- farmer from my Department. The penalty in this nerships is possible provided that the farmers in instance was recovered from a dairy premium question can satisfy the conditions of both payment, the balance of which issued to the per- schemes. To participate in a new entrant and-or son named recently. parent milk production partnership, all the farm- ing enterprises of the partners, other than certain Potato Sector. specialist enterprises, must be pooled. The result- 287. Mr. McGinley asked the Minister for Agri- ant change to the farming operations of the part- culture and Food if she will reconsider policy ners may have implications for compliance with decision of charging potato growing farmers for the conditions of any existing REPS contract. seed certification; and if she will make a state- Any person who is in REPS and is considering ment on the matter. [26538/04] forming a new entrant and-or parent milk pro- duction partnership should, therefore, contact my Minister for Agriculture and Food (Mary Department for guidance on the precise impli- Coughlan): An expenditure review of the pro- cations which forming such a partnership might grammes in the potato sector was carried out have for their continued participation in REPS. earlier this year. A wide range of issues are addressed in that review, including the operation 290. Mr. Kehoe asked the Minister for Agri- and optimum efficiency of the potato certification culture and Food the number of applications her scheme. Consultations are taking place with the Department has received for milk production relevant stakeholders and I will advise the farm family partnership by persons who are also Deputy of the outcome in due course. in REP scheme; and if she will make a statement on the matter. [26589/04] Milk Quota. Minister for Agriculture and Food (Mary 288. Mr. Kehoe asked the Minister for Agri- Coughlan): Applications for the registration of 637 Questions— 28 October 2004. Written Answers 638 new entrant parent partnerships are not made to son named once the Bill is enacted and the my Department but to Teagasc which is the regis- scheme is introduced. tration body designated under the milk quota regulations. The application form for registration Departmental Priorities. as a new entrant parent partnership does not 293. Mr. R. Bruton asked the Minister for Agri- require the applicants to indicate whether they culture and Food the five measurable perform- are participants in REPS. Therefore, the infor- ance indicators which she regards as target of mation sought by the Deputy is not available to greatest priority within her Department; the way me. in which this measure has changed in each year since 1997; her views on whether confining priori- Grant Payments. ties to five indicators gives too partial a picture 291. Mr. P. Breen asked the Minister for Agri- of Departmental priorities; and if she will indicate culture and Food the outcome of a decision with the movement over the period 1997 to 2004 of regard to the force majeure exceptional circum- other primary indicators of performance. stances on the establishment of entitlement under [26715/04] the single payment scheme under the farm review Minister for Agriculture and Food (Mary of Agenda 2000 for a person (details supplied) in Coughlan): My Department’s statement of County Clare; and if she will make a statement strategy, its fourth, was published in June 2003 on the matter. [26652/04] and contained 205 performance indicators relat- Minister for Agriculture and Food (Mary ing to 75 strategies being followed in pursuit of Coughlan): The person named, having been noti- six high-level goals. Without prejudice to any sin- fied that the circumstances outlined by her did gle priority or set of priorities, satisfactory per- not satisfy the criteria for force majeure and-or formance is evident across a range of areas both exceptional circumstances under Article 40 of from a national and international perspective and Council Regulation (EC) No. 1782/2003, was this is recorded in the Department’s annual advised to apply for consideration under the new report on the statement of strategy. entrants and-or inheritance measure of the single My Department continues to implement the payment scheme. commitments contained in An Agreed Pro- The person named submitted an appeal to the gramme for Government as well as those con- independent single payment appeals committee. tained in the national partnership agreement, Sustaining Progress. Future priorities within the Following a full examination of the circumstances Department will be addressed in the context of outlined in the appeal, the independent single these and also in a new statement of strategy cur- payment appeals committee made a recommend- rently being prepared for the calendar years 2005- ation and a letter issued to the person named on 07. An ongoing examination of the appropriate 7 October 2004. The findings of the appeals com- use of high level performance indicators, in tan- mittee were that the original decision taken by dem with performance measures at other levels, my Department should be upheld. will be reflected in that document. The person named has since submitted an application for consideration under both the new Grant Payments. entrants and inheritance measures provided for in the regulation underpinning the scheme. When 294. Mr. Penrose asked the Minister for Agri- processing of these applications has been com- culture and Food if a person (details supplied) in pleted, the person named will be notified directly County Westmeath will be immediately awarded of the outcome. the remainder of the 2003 EU special beef suckler cow premium; and if she will make a statement Land Purchase Annuities. on the matter. [26747/04] 292. Mr. Wall asked the Minister for Agri- Minister for Agriculture and Food (Mary culture and Food if a person (details supplied) in Coughlan): The person named submitted two County Kildare can purchase the ownership of applications under the 2003 special beef premium the lands outright rather than by instalments; and scheme; one on 14 March 2003 in respect of nine if she will make a statement on the matter. animals and one on 4 November 2003 in respect [26699/04] of 18 animals. The 80% advance payments have issued in respect of these applications in the Minister for Agriculture and Food (Mary amount of \3,120. Coughlan): The folio mentioned in the question To date, the 20% balancing payments have not is subject to a land purchase annuity. This annuity issued as the person named has not responded to may be redeemed in a lump sum and to arrange correspondence concerning an animal regis- this, the annuitant should contact the collection tration issue identified. In the absence of a reply, branch of my Department at Davitt House, the applications will be processed for payment of Castlebar. In the Land Bill 2004, which I propose the outstanding balances, less a regulatory pen- to bring before the Da´il shortly, there is provision alty of 1.43% due to the registration issue. for a discounted, 25% buy-out scheme for annuit- Under the 2003 EU slaughter premium ies, which would be of financial benefit to the per- scheme, the person named had seven animals 639 Questions— 28 October 2004. Written Answers 640

[Mary Coughlan.] Citizenship Applications. deemed eligible for payment. The 80% advance 296. Mr. Timmins asked the Minister for payment has issued in respect of these animals to Justice, Equality and Law Reform the position the amount \448. with regard to a person (details supplied) in The person named applied for premium on 38 County Wicklow who has applied for a certificate animals under the 2003 suckler cow premium of naturalisation; and if he will make a statement scheme. The application was processed for pay- on the matter. [26444/04] ment and the 80% advance instalment amounting to \6,814.16 issued on 20 October 2003. Minister for Justice, Equality and Law Reform The balancing payments under slaughter pre- (Mr. McDowell): An application for a certificate mium and suckler cow are affected by the regis- of naturalisation from the person referred to by tration issue highlighted under the special beef the Deputy was received in the citizenship section premium scheme. These payments will now issue, of my Department in July 2004. The average pro- less the penalty of 1.43% mentioned above which cessing time for such applications is 24 months has to apply across all other livestock premium and it is likely, therefore, that the application of schemes. the individual concerned will be finalised in or around July 2006. I will inform both the applicant Suckler Cow Quota. and the Deputy as soon as I have reached a decision on the application. 295. Mr. Penrose asked the Minister for Agri- culture and Food the position with regard to the Garda Deployment. allocation of entitlements to farmers who pur- chased at the end of 2002, 20 additional entitle- 297. Mr. Costello asked the Minister for ments from a farmer or farmers; the way in which Justice, Equality and Law Reform how many of this will be allocated within the framework of the the 2,000 gardaı´ whom he proposes to recruit reference years 2001-02; if steps will be taken over the lifetime of the Government will be allo- within her Department to ensure that farmers cated to Garda stations (details supplied); and if who paid \12,000 to acquire such suckler cow he will make a statement on the matter. entitlements are left with same, having duly pur- [26445/04] chased them, at the end of 2002; the way in which Minister for Justice, Equality and Law Reform she intends to deal with such purchases to ensure (Mr. McDowell): I am pleased that the Govern- that the purchasing farmer derives the benefit ment has approved my proposal to increase the thereof at this point in time during the course of strength of the Garda Sı´ocha´na to 14,000 the allocation of the entitlements; and if she will members on a phased basis in line with the com- make a statement on the matter. [26748/04] mitment of An Agreed Programme for Govern- ment in this regard. This is a key commitment in Minister for Agriculture and Food (Mary the programme for Government, and its imple- Coughlan): I assume the Deputy is referring to mentation will significantly strengthen the oper- suckler cow quota rights. ational capacity of the Garda. The official trading period for 2002 suckler cow The commissioner will now draw up plans on quotas was 1 January 2002 to 30 June 2002. The how best to distribute and manage these official trading period for 2003 suckler cow resources. No decision regarding the allocation of quotas was 1 January 2003 to 30 June 2003. There the proposed increase in the strength of the force was no official trading period for suckler cow has been made to date. quotas at the end of 2002. Clearly, however, the additional resources will A farmer who purchased suckler cow quota be targeted at the areas of greatest need, as is during the trading period for 2002 will have envisaged in the programme for Government. received some benefit of it in his or her single The programme identifies particular areas with a payment. In addition he or she will also have ben- significant drugs problem and a large number of efited from payments under the 2003 and 2004 public order offences, but it will be possible to suckler cow premium schemes, the national address other priorities as well, such as the need envelope top-ups and extensification premium, if to increase significantly the number of gardaı´ eligible. allocated to traffic duties. I have already prom- A farmer who purchased suckler cow quota in ised that the additional gardaı´ will not be put on any of the years 2001, 2002 or 2003 may apply to administrative duties. They will be put directly the single payment national reserve for entitle- into front-line, operational, high-visibility polic- ments under the investment category and appli- ing and will have a real impact. cation forms will be available in November. In Garda management will continue to appraise this regard, he or she should contact the single the policing and administrative strategy employed payment section of my Department at Michael in the Dublin metropolitan region, DMR, with a Davitt House, Castlebar, County Mayo, tele- view to ensuring that an effective Garda service phone No. 094-9035300, where his or her name is maintained. The situation will be kept under will be recorded for the purposes of issuing an review by Garda management and when application form as soon as they become additional personnel next become available, the available. needs of Garda stations in the DMR will be fully 641 Questions— 28 October 2004. Written Answers 642 considered within the overall context of the needs the date of application it takes for Garda clear- of Garda stations throughout the country. ance to be issued for persons applying to work in positions for which Garda clearance is compul- Registration of Title. sory. [26529/04] 298. Mr. Ring asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform if the Land Registry (Mr. McDowell): I am informed by the Garda office will expedite dealings for persons (details authorities that the current average turnaround supplied) in County Mayo; and when these appli- time for Garda vetting is three weeks. cations will be complete. [26448/04] Visa Applications. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Registrar 301. Mr. Gilmore asked the Minister for of Titles that the applicants referred to by the Justice, Equality and Law Reform if a visa will be Deputy have lodged two dealings with the Land granted to a person (details supplied) on whose Registry: an application for a new folio which was behalf an application has been made to be lodged on 20 November 2001, and an application reunited with their parents and four year old twin for transfer of part which was lodged on 17 Janu- brothers, due to the fact that the parents have ary 2002. Dealings Nos. D2001SM008664N and legal status in Ireland since 2001. [26530/04] D2002SM000464B refer. Minister for Justice, Equality and Law Reform I am further informed that the applications are (Mr. McDowell): The parents of the person in receiving attention in the Land Registry and, sub- question have permission to reside in Ireland ject to no queries arising, will be completed as based on their parentage of an Irish-born child. soon as possible. The visa application in question relates to their daughter who wishes to join them in the State. Vehicle Disposal. Following the decision of the Supreme Court 299. Mr. O’Connor asked the Minister for in the case of L& O, the separate procedure Justice, Equality and Law Reform the number of which then existed to enable persons to apply to so-called company cars seized recently by the reside in the State on the sole basis of parentage Garda in Tallaght, Dublin 24; if he will seek effec- of an Irish-born child ended on 19 February 2003. tive action in the matter; and if he will make a The Government also decided that the general statement on the matter. [26449/04] policy of allowing such parents to be joined in the State by other family members would no longer Minister for Justice, Equality and Law Reform apply. Accordingly, the immigration division of (Mr. McDowell): I have been informed by the my Department does not generally approve visas Garda authorities that, from 1 January 2004 to 27 in respect of such visa applications. October 2004, a total of 439 vehicles were seized under section 41 of the Road Traffic Acts 1961- Juvenile Offenders. 1994. I am further informed that these vehicles are 302. Mr. Crowe asked the Minister for Justice, disposed of in two ways. First, vehicles may be Equality and Law Reform the number of children reclaimed by their owners on production of docu- incarcerated in State institutions due to the fact mentation indicating that the vehicle has the rel- that no alternative accommodation exists; if evant motor tax and insurance and upon payment Garda cells are also being used on a temporary of the fees which have occurred since the date of basis to accommodate youths; and the figures seizure. Second, vehicles which are not reclaimed relating to this practice. [26546/04] by owners are disposed of by way of scrappage Minister for Justice, Equality and Law Reform once sanction has been given by the Garda Com- (Mr. McDowell): The only children who have missioner. This can happen with or without ended up in prison custody for the reason set out owner consent. by the Deputy have been those committed on Currently, all vehicles which have been seized foot of a High Court order. There are no such are stored at Tallaght Garda station. However, I persons in custody at this time. understand from the Garda authorities that the As regards the question about youths being Garda national traffic bureau is examining the accommodated in Garda station cells, I have pro- issues pertaining to the seizure, storage and dis- vided appropriate information in response to a posal of vehicles seized under section 41 of the separate, similar question, Question No. 314, that Road Traffic Acts. As part of this examination, he has also tabled in the matter for answer today. the Garda national crime prevention office has held preliminary discussions with South Dublin Registration of Title. County Council and the matter is currently being 303. Mr. Penrose asked the Minister for Justice, pursued by the Garda national traffic bureau. Equality and Law Reform if he will take steps to expedite an application for a registry amendment Garda Vetting Procedures. (details supplied) as same is urgently required; 300. Ms Cooper-Flynn asked the Minister for and if he will make a statement on the matter. Justice, Equality and Law Reform the time from [26573/04] 643 Questions— 28 October 2004. Written Answers 644

Minister for Justice, Equality and Law Reform part-time, in each county; the breakdown of those (Mr. McDowell): I am informed by the Registrar numbers in terms of the type of care catered for; of Titles that this is an application for a mapping and if he will make a statement on the matter. amendment which was lodged on 16 August 2004. [26644/04] Dealing No. D2004XS011631J refers. I am Minister for Justice, Equality and Law Reform further informed that this dealing was completed (Mr. McDowell): As the cost of child care is nor- on 26 October 2004. mally a commercial arrangement between parent and provider the State does not have a role in the Asylum Applications. collection of data on costs such as is sought by 304. Mr. Curran asked the Minister for Justice, the Deputy. However, in order to establish a clear Equality and Law Reform when a decision will picture in relation to the child care sector, my be made regarding an application for a general Department asked the Central Statistics Office to permission to remain in the State made by a per- review child care as an element of the quarterly son (details supplied) in County Dublin. national household survey and this was com- [26631/04] pleted in the period from September to Nov- ember 2002 and the findings of which were pub- Minister for Justice, Equality and Law Reform lished in mid 2003. (Mr. McDowell): A letter issued from the immi- The survey found that the average cost of child gration division of my Department in September care per hour for pre-school and primary school- 2004 granting the person concerned permission to going children in the September to November remain in the State for a further year. 2002 period was \3.25 and \4.70 per hour respect- ively. The survey also provided a breakdown of Child Care Services. the average cost of paid child care per household 305. Mr. Morgan asked the Minister for per week for pre-school and primary school-going Justice, Equality and Law Reform the average children in different regions of the country. The cost of child care in the State and in each county; following table summarises the key results of this the number of child care places available, full and element of the study.

Average weekly cost of paid child care in Ireland 2002.

Average weekly cost in \ Range of weekly costs in \

From (region) To (region) Pre-school only 105.36 80.78 (Border) 131.12 (Dublin) Primary Only 75.54 63.03 (West) 91.33 (Dublin) Both 107.37 84.89 (Mid-West) 129.15 (Mid-East)

Total 97.47 79.42 (Border) 118.96 (Dublin) Source: CSO.

The child care sector in Ireland comprises both In the interim, the Deputy will be aware that community based and privately owned centre detail on the implementation of the equal oppor- based services together with a significant element tunities child care programme was circulated to of child care delivered by childminders. In the all Deputies in the report, Developing Childcare year 2000, there were about 56,000 centre based in Ireland, during summer 2004. I expect to lodge child care places in Ireland of which 39,500 were an update of these data in the Oireachtas Library part time places and 17,285 were full time places. later this year. It is known that the total funding committed under the equal opportunities child care pro- Closed Circuit Television Systems. gramme, EOCP, to date will lead to the creation 306. Dr. Upton asked the Minister for Justice, of 31,200 new centre based child care places — Equality and Law Reform the position on the 12,704 full-time and 18,496 part-time — when all community-based closed circuit television pro- the projects have been completed. Of these new gramme; the number of applications received and places, about 12,500 part-time and 8,000 full-time grants paid; the guidelines for their use; and if he places were completed by end June 2004. will make a statement on the matter. [26645/04] However, my Department does not have the Minister for Justice, Equality and Law Reform detail of the number of new services which have (Mr. McDowell): As the Deputy is aware, it is been developed independently of the EOCP. My not, understandably, possible for the Garda child care directorate is currently concluding an Sı´ocha´na to install CCTV systems in all areas that update of the key elements of the 2000 census have sought them. Some applications for Garda of centre based services and this material will be CCTV systems relate to relatively small schemes lodged in the Oireachtas Library when it comes which, while of importance to the local com- available. It will contain data on a county basis. munity, cannot be regarded as a national Garda priority. 645 Questions— 28 October 2004. Written Answers 646

To this end, a grant-aid scheme has been Anti-Social Behaviour. launched to facilitate community-based groups 308. Mr. Crowe asked the Minister for Justice, who wish to press ahead with their own local \ Equality and Law Reform if his attention has CCTV system. Grant assistance of up to 100,000 been drawn to the recent report, How are our will, subject to the availability of funds, be obtain- Kids?, in Tallaght West; and the new measures able from my Department towards the cost of he proposes or sanctions he proposes to introduce such systems. in response to the considerable problems high- A prospectus has been prepared by my Depart- lighted in the report. [26654/04] ment which provides information on how to apply for grant-aid funding, outlines the application Minister for Justice, Equality and Law Reform process and identifies the main issues that appli- (Mr. McDowell): I refer the Deputy to my pre- cants will need to consider. I am advised that in vious answer to Question No. 187 of 21 October excess of 200 expressions of interest in this 2004. scheme have been received from entities through- out the country. Child Care Services. The code of practice for the operation of the 309. Mr. Morgan asked the Minister for Justice, community based CCTV scheme has been drawn Equality and Law Reform the percentage and up by my Department in co-operation with the number of children in the three to four age group Office of the Data Protection Commissioner. in the State who are in receipt of pre-school edu- Detailed technical specifications have been drawn cation; and if he will make a statement on the up by the Garda Sı´ocha´na and are currently matter. [26660/04] under consideration by officials in my 310. Mr. Morgan asked the Minister for Department. Justice, Equality and Law Reform the percentage I expect that both the code of practice and the and number of children in the zero to two age technical specifications will be finalised by my group in the State who are cared for in cre`ches; Department in the coming weeks. At that stage and if he will make a statement on the matter. copies of same will issue to all communities and [26661/04] organisations who have expressed an interest in the community based CCTV scheme. Any appli- Minister for Justice, Equality and Law Reform (Mr. McDowell): I propose to take Questions cations subsequently received will be evaluated Nos. 309 and 310 together. and processed in accordance with the conditions My Department has responsibility for the set out in the prospectus. delivery of the equal opportunities child care pro- gramme which aims to expand the availability of Visa Applications. child care places to support the child care needs 307. Mr. Durkan asked the Minister for of parents who are in employment, education and Justice, Equality and Law Reform , further to training. My Department is not involved in the Question No. 300 of 12 October 2004, if and when direct delivery of child care services, which in a holiday visa will issue in the case of a person Ireland is done by a mix of community based and (details supplied); and if he will make a statement private providers of centre based services and by on the matter. [26646/04] childminders. As a result, no data are systemati- cally gathered on the percentages and numbers of Minister for Justice, Equality and Law Reform children in the zero to two age group who are (Mr. McDowell): The person in question made cared for in cre`ches, or in the three to four age a visa application in August 2004 for the stated group who are in receipt of pre-school education. purpose of a holiday with his aunt and uncle who Nevertheless, the Central Statistics Office, are resident in the State. The applicant stated on CSO, quarterly national household survey on his visa application form that he is a student in child care usage which was published in mid 2003 his home country, yet no documentation was sub- does provide some data which may be of interest mitted to support this claim. No evidence of to the Deputy. In the September to November finances was submitted to show how the applicant 2002 period, when the survey was undertaken, it intended to maintain himself while in the State. was estimated that 36,700 pre-school children The application was supported by an unsigned availed of child care in the cre`che-Montessori cat- letter which did not confirm the duration of the egory, with a further 6,100 primary children using proposed journey to the State. The application the category cre`che-Montessori. In that survey, was refused because the visa officer was unable the CSO grouped a number of child care services to conclude, on the basis of the documentation under the category cre`che or Montessori, namely, supplied to my Department, that the applicant cre`che, naı´onra, nursery, Montessori school, play- would observe the conditions of the visa. group, pre-school, and sessional child care. It is open to the applicant to appeal against the 311. Mr. Morgan asked the Minister for Justice, refusal by writing to the visa appeals officer in my Equality and Law Reform the number of work Department, enclosing additional supporting based cre`che places in the State; and if he will documentation. make a statement on the matter. [26662/04] 647 Questions— 28 October 2004. Written Answers 648

Minister for Justice, Equality and Law Reform I believe this is an opportune moment to (Mr. McDowell): My Department has responsi- ensure that the criteria for entry meet the needs bility for the delivery of the equal opportunities of the Garda Sı´ocha´na and the society it serves. child care programme, EOCP, which aims to One particular aspect which I know the Com- expand the availability of child care places to sup- missioner has already studied is the maximum age port the child care needs of parents who are in of entry, and arising from that I will be proposing employment, education and training. My Depart- to Government that the age should be increased ment is not involved in the direct provision of from 26 to 35 in respect of recruitment from now child care services, which, in Ireland, are deliv- on. There may also be other criteria which would ered by a mix of community based and private benefit from review. I think it is right, for providers of centre based services and by child- example, that future intakes of recruits to the minders. Cre`ches and other child care facilities Garda Sı´ocha´na should as far as possible reflect are required to notify their existence to the health the composition of Irish society, and I am anxious boards on behalf of the Minister for Health and to see if there are any possible changes to the Children in accordance with the Child Care Act existing criteria which might facilitate recruitment 1991. As a result, no data is systematically gath- from different ethnic backgrounds in our com- ered by my Department on the numbers of child munity. This review will be concluded in advance care facilities, including work based cre`ches, of the next Garda recruitment campaign, which I throughout the country. expect to commence shortly. Capital funding has been made available to not for profit consortia to facilitate the development Prisoners in Custody. of three work based cre`ches to date under the 314. Mr. Crowe asked the Minister for Justice, Equal Opportunities Childcare Programme Equality and Law Reform if Garda cells are being 2000-2006. used to accommodate youth; and if so the figures 312. Mr. Morgan asked the Minister for Justice, relating to this practice. [26679/04] Equality and Law Reform the amount and per- Minister for Justice, Equality and Law Reform centage of GDP spent on early childhood care (Mr. McDowell): The Criminal Justice Act 1984 and education; and if he will make a statement (Treatment of Persons in Custody in Garda on the matter. [26663/04] Sı´ocha´na Stations) Regulations, 1987 provide, inter alia, that a person in custody under the age Minister for Justice, Equality and Law Reform of 17 years shall not be kept in a cell unless there (Mr. McDowell): My Department has responsi- is no other secure accommodation available. bility for the delivery of the Equal Opportunities In that connection, I am informed by the Garda Childcare Programme 2000-2006, which aims to authorities that in the past 12 months five youths expand the availability of child care places to sup- have been accommodated in Garda cells, having port the child care needs of parents who are in been remanded in custody to the respective employment, education and training. My Depart- Garda station on the direction of a Judge of the ment is not involved in the direct delivery of child District Court. care services, which in Ireland is done by a mix of community based and private providers of centre Child Care Services. based services and by childminders. In 2004 the Minister for Finance made avail- 315. Ms McManus asked the Minister for able the amount of \68.233 million for the deliv- Justice, Equality and Law Reform the reason for ery of the EOCP. This represents 0.047% of GDP refusing child care funding to support the work based on the estimate for GDP made by the of persons (details supplied) in County Wicklow; Department of Finance in August 2004 which if these persons will receive the necessary funding GDP will be \144.9 billion this year. This does they need in the near future; and if he will make not include expenditure by other Departments a statement on the matter. [26695/04] which also support the child care sector. Minister for Justice, Equality and Law Reform (Mr. McDowell): As the Deputy may be aware, Garda Recruitment. the equal opportunities childcare programme 313. Mr. O’Dowd asked the Minister for provides grant assistance towards the staffing Justice, Equality and Law Reform when the out- costs of community not-for-profit based child come of the review of the eligibility criteria for care services which have a clear focus on disad- entry to the Garda Sı´ocha´na will be made avail- vantage. The programme has an underlying econ- able. [26664/04] omic prerogative in terms of promoting oppor- tunities for parents to participate in education, Minister for Justice, Equality and Law Reform training or employment. Such applications are (Mr. McDowell): In connection with my recent assessed against five distinct criteria, as set out in announcement of the Government’s intention to the programmes guidelines, which are as follows: increase the strength of the Garda Sı´ocha´na to the socio-economic and demographic profile of 14,000, I have taken the opportunity to ask the the area; the general quality of the application; Garda Commissioner to review the eligibility cri- the capacity of the group to implement the pro- teria for entry to the Garda Sı´ocha´na. ject; the level of integration/co-ordination of the 649 Questions— 28 October 2004. Written Answers 650 service; and the cost and value for money of the of total expenditure, to childminders to cover project With respect to the application referred quality and/or safety enhancement costs. to by the Deputy I have made inquiries of the The initiative is implemented locally by the city child care directorate of my Department and I and county child care committees. A review of understand that the original application from this the Initiative by my Department in August 2004 group was turned down in July 2003 because their revealed that by end June 2004, 325 childminders application did not adequately satisfy all the cri- had received grant approval while over 900 child- teria of the programme. The group subsequently minders attended the QAP in its first six months appealed this decision and, in June 2004, were of operation. At that time, an additional 117 grant informed that their appeal had been unsuccessful. applications were being processed with over 300 The group was informed of the reasons why childminders scheduled to attend the QAP. Fig- their application was turned down. Staffing grant ures for applications that have been rejected are assistance is only made available to community not available, but are thought to be negligible at based not for profit groups which show a clear this stage. focus on disadvantage and which support the Given that this is a new initiative and that the child care needs of parents who are in employ- city and county child care committees have only ment or who are preparing for labour market par- ticipation through education and training. This had a limited amount of time to implement this project failed to demonstrate a strong focus on new initiative, particularly in setting up the qual- disadvantage while the service catered for a very ity awareness training element, I am very pleased small core group of children and the short with the initial response and believe that this operating hours did not facilitate parents to initiative will serve as a very useful support for access either education, training or employment. childminders. I expect that there will be a signifi- Accordingly the project did not comply with the cant increase in the number of grants taken up as terms of the programme and therefore was not the initiative becomes widely recognised. eligible for funding which is linked to the aims To obtain the development grant, childminders of the European Social Funds as the key funding must provide an expenditure return detailing source for staffing grant assistance. their eligible expenditure with original itemised receipts attached. This ensures that all successful 316. Aengus O´ Snodaigh asked the Minister for applicants of the development grant are or will Justice, Equality and Law Reform the number of be engaged in child minding of children, other applications which have been received for the childminding in the home grant; the amount paid than their own children, on a commercial basis out annually since the scheme began; the number and be in receipt of payment for the services pro- of applications which have been rejected; and if vided. In light of this, the development grant consideration has been given to changing the could be seen to be a start-up grant as well as a qualifying criteria or making it a start-up quality improvement grant. grant. [26696/04] In light of the above and given the relatively small amounts of money involved in each grant 323. Mr. G. Mitchell asked the Minister for offer and the large number of potential grant Justice, Equality and Law Reform if he will con- recipients, which could exceed 3,000 in a single sider allowing the 90% grant of cost of child care full year of operation, I have no plans to change facilities in the home to be awarded up front and the payment procedures of the child minder not retrospectively. [26728/04] development grant scheme as proposed by the Deputies, as this would be administratively cum- Minister for Justice, Equality and Law Reform bersome and expensive to operate and monitor. (Mr. McDowell): I propose to take Questions Nos. 316 and 323 together. Garda Deployment. I assume the Deputies are referring to the childminder development grant that forms part of 317. Mr. Curran asked the Minister for Justice, the national child minding initiative. I launched Equality and Law Reform the number of gardaı´ the national childminders initiative in November stationed in Clondalkin Garda station, Ronans- 2003 as part of the Equal Opportunities Childcare town Garda station and Lucan Garda station in Programme 2000-2006. Funding of up to \2.89 September 2004; and if any of the gardaı´ attached million has been made available to the city and to the above stations were assigned to other county child care committees for the implemen- duties away from their stations. [26704/04] tation of the initiative during 2004. Funding for the 2005 implementation of the Initiative is cur- Minister for Justice, Equality and Law Reform rently under review by my Department. (Mr. McDowell): I have been informed by the The initiative links a small development grant Garda authorities, who are responsible for the scheme for childminders to a quality awareness detailed allocation of resources, including person- programme, QAP, which consists of a series of nel, that the personnel strength of Clondalkin short lectures for child minders addressing quality Garda station, Ronanstown Garda station and issues. The development grant scheme provides Lucan Garda station as at the 30 September, 2004 grants of up \630, subject to a maximum of 90% was as set out as follows. 651 Questions— 28 October 2004. Written Answers 652

[Mr. McDowell.] ited to five in number, and relate to the imple- mentation of An Agreed Programme for Station Number Government and Sustaining Progress commit- ments for which my Department is responsible. Clondalkin 78 My Department is responsible, in a lead role, for Ronanstown 83 the implementation of in excess of 80 of the 477 Lucan 71 total commitments contained in An Agreed Pro- gramme for Government and a number of Gardaı´ can be deployed away from their stations important commitments in the Sustaining Pro- when a need arises. A disproportionate amount gress social partnership agreement. Significant of time and resources would be required to estab- progress has been achieved on many of these lish the exact number of gardaı´ in this category. commitments to date and further progress is Garda management will continue to appraise expected in relation to other commitments going the policing and administrative strategy employed forward. in Clondalkin, Ronanstown and Lucan with a The statements of strategy which my Depart- view to ensuring that an effective Garda service ment has published in recent years have set out is maintained. the high level goals and objectives relating to the The situation will be kept under review by organisation’s priorities and the performance Garda management and when additional person- indicators linked to those goals and objectives. nel next becomes available the needs of Clondal- Overall progress on the implementation of kin, Ronanstown and Lucan will be fully con- strategy statement objectives and performance sidered within the overall context of the needs of indicators is reported in the Department’s annual Garda stations throughout the country. reports. The indicators which the Department has In relation to Garda resources generally, I am used to measure performance in the period since very pleased to say that the Government has 1997 have developed and improved over the approved my proposal to increase the strength of years and will be reviewed again shortly in the the Garda Sı´ocha´na to 14,000 members on a context of the preparation of the Department’s phased basis, in line with the An Agreed Pro- new strategy statement 2005-07. gramme for Government commitment in this A specific set of performance indicators have regard. This is a key commitment in the pro- also been agreed for the Department in respect gramme for Government, and its implementation of the change and modernisation programme will significantly strengthen the operational capa- under the Sustaining Progress agreement. These city of the force. The Commissioner will now be performance indicators relate to modernisation drawing up plans on how best to distribute and initiatives such as, performance management and manage these resources. Clearly, however, the development, financial management, information additional resources will be targeted at the areas technology and customer service. Progress on of greatest need, as is envisaged in the pro- these and other modernisation initiatives are gramme for Government. The programme iden- independently validated under the terms of the tifies in particular areas with a significant drugs agreement. These modernisation performance problem and a large number of public order indicators are also being reviewed in the context offences, but it will be possible to address other of the requirement for Departments to update priorities as well, such as the need to significantly modernisation action plans following on from the increase the number of gardaı´ allocated to traffic mid-term review of part two of the Sustaining duties. I have already promised that the Progress agreement. additional gardaı´ will not be put on administra- tive duties. They will be put directly into front- Garda Strength. line, operational, high-visibility policing. They will have a real impact. 319. Mr. Kenny asked the Minister for Justice, Equality and Law Reform the overall numbers in Departmental Priorities. the Garda Sı´ocha´na by rank and by gender in 318. Mr. R. Bruton asked the Minister for 2002, 2003 and 2004; the numbers at each rank by Justice, Equality and Law Reform the five gender, eligible for promotion in 2002, 2003 and measurable performance indicators which he 2004; the numbers at each rank, by gender, who regards as target of greatest priority within his applied for promotion in 2002, 2003 and 2004; the Department; the way in which this measure has numbers at each rank by gender who were suc- changed in each year since 1997; his views on cessful in gaining promotion in 2002, 2003 and whether confining priorities to five indicators 2004; the numbers of members of the force who gives too partial a picture of Departmental priori- retired in 2002, 2003 and 2004 broken down by ties; and if he will indicate the movement over the rank and gender; the numbers of students in each period 1997 to 2004 of other primary indicators of intake by gender in 2002, 2003 and 2004; the performance. [26716/04] number of applications to join the Garda Sı´och- a´na broken down by gender in 2002, 2003 and Minister for Justice, Equality and Law Reform 2004; and if he will make a statement on the (Mr. McDowell): The priorities for my Depart- matter. [26724/04] ment and indicators of performance are not lim- 653 Questions— 28 October 2004. Written Answers 654

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the (Mr. McDowell): I have been informed by the Garda authorities, who are responsible for the Garda authorities that training in relation to detailed allocation of resources including person- issues of equality within the Garda Sı´ocha´na and nel, that the personnel strength of the Garda in policing a multicultural society is provided as Sı´ocha´na as at 31 December 2002, 2003 and 28 part of Garda student/probationer training. October 2004, was as set out hereunder: Training was provided in Garda policy, prac- tices and procedures on equality, grievances, sex- Year Number ual harassment and bullying. All training and development programmes pro- 2002 11,895 vided for supervisors and managers in 2003-04 2003 12,017 contain inputs in relation to Garda policy on 2004 12,109 equality, bullying and harassment in the work- place. All inputs into the Garda training and development courses for Garda supervisors and The personnel strength by rank and by gender at managers are gender proofed. The continuance 31 December 2002, 2003 and 28 October 2004 was of this training is planned for 2005. as set out below. The gardaı´ continue to have a policy on pro- Number of Males. moting equality and countering bullying, harass- ment and sexual harassment, and have in place a Rank 2002 2003 2004 grievance procedure which aims to promote an organisational environment which encourages Commissioner 1 1 1 and supports the right to dignity at work. Deputy Commissioner 2 2 2 321. Mr. Kenny asked the Minister for Justice, Assistant Commissioner 10 9 10 Equality and Law Reform the initiatives, pro- Chief Superintendent 46 46 45 grammes and training which have been under- Superintendent 167 170 166 taken in 2003, 2004 addressing issues of equality Inspector 283 281 277 within the Garda Sı´ocha´na in relation to policing in a multicultural society; the numbers by rank Sergeant 1,814 1,820 1,836 who have participated in such developments; the Garda 7,875 7,845 7,763 measures planned for 2005; and if he will make a Total 10,198 10,174 10,100 statement on the matter. [26726/04]

Minister for Justice, Equality and Law Reform Number of Females. (Mr. McDowell): I have been informed by the Garda authorities that training in relation to Rank 2002 2003 2004 issues of equality within the Garda Sı´ocha´na and in policing a multicultural society was provided to Commissioner 0 0 0 the following number of gardaı´ as part of their Deputy Commissioner 0 0 0 student/probationer training. Assistant Commissioner 0 1 1 Year Number Chief Superintendent 1 1 1 Superintendent 4 3 4 2003 536 Inspector 11 13 14 2004 482 Sergeant 114 126 133 Garda 1,567 1,699 1,856 The following is an outline of the programme. Total 1,697 1,843 2009 Contextual Policing — Community Policing Training relating to the partnerships formed The remainder of the information requested by with the following: Traveller community, gay and the Deputy is not readily available and can only lesbian community and ethnic communities; be obtained by the disproportionate expenditure training on beliefs, values and characteristics of of Garda time and resources relative to the infor- the communities, cultures and religions most mation sought. commonly encountered in Ireland today; and training on Garda practices and procedures on Garda Training. human rights standards. 320. Mr. Kenny asked the Minister for Justice, Equality and Law Reform the initiatives, pro- Social Studies grammes and training which have been under- Lectures on pluralism, racism and ethnicity; taken in 2003 and 2004 addressing issues of lectures on psychology of attitude, prejudice and equality within the Garda Sı´ocha´na; and the plans discrimination; lectures on treating people with for 2005; and if he will make a statement on the dignity, respect and equality; social placements — matter. [26725/04] two weeks working with a variety of community 655 Questions— 28 October 2004. Written Answers 656

[Mr. McDowell.] Justice, Equality and Law Reform if he will sanc- and State bodies; training inputs from external tion child care for Dublin 12; and if he will make groups including Pavee Point, refugee centre rape a statement on the matter. [26727/04] crisis and victim support. The course is continu- ously under review and elements are included to Minister for Justice, Equality and Law Reform cater for changes in society. (Mr. McDowell): In recognition of the many achievements of the Equal Opportunities Child- In 2003-04, training was provided for the fol- care Programme 2000-06 up to December 2003 lowing Garda personnel who are part of the the funding for the programme was recently Garda ethnic liaison network: increased to \449.3 million following the mid- Rank Number term evaluation of the national development plan. Every locality has benefited significantly from grants to provide new and enhanced com- Sergeant 10 munity based child care facilities and indeed to Gardaı´ 135 support capital developments in the private child care sector. The personnel trained have received training on The total funding committed under the equal human rights and intercultural issues. In 2003-04, opportunities childcare programme up to the end 52 gardaı´ and eight sergeants from the Garda of September 2004 is over \264.3 million. Over national immigration bureau were trained in 2,600 grants have been awarded to child care pro- human rights and intercultural issues. viders and community groups, which will, when One hundred Garda trainers have received fully drawn down, lead to the creation of approxi- training in human rights and multicultural issues. mately 29,700 new child care places, and will sup- In 2004, Garda officers at Commissioner rank port almost 28,000 existing places. In the Dublin were briefed on the implications of human rights 12 area alone funding, totalling \ 2.25 million, in police management. under the programme has been allocated to 17 In 2003-04, the following numbers of Garda projects to date. This funding will lead to the personnel received instruction on human rights creation of an additional 261 new child care and multicultural issues as part of training as places in the area and will support a further 403 public order commanders. existing places. I understand that there are a number of appli- Rank Number cations on hand in my Department for capital grant assistance to establish new services in the Chief Superintendent 2 Dublin 12 area. The Equal Opportunities Child- Superintendent 17 care Programme 2000-06 is a seven-year develop- Inspector 28 ment programme which aims to increase the availability and quality of child care to support parents in employment, education and training. In 2003-04, the following numbers of Garda per- There has been considerable demand from sonnel received instruction on human rights and community based groups for capital grant assist- multicultural issues as part of training as public ance under the programme and every county has order instructors. benefited significantly from grants to provide new and enhanced community based child care facili- Rank Number ties and indeed to support capital developments in the private child care sector. ADM, on behalf Sergeant 31 of my Department, is currently carrying out an Gardaı´ 4 extensive review of the programme’s capital com- mitments to date, numbering over 1,100 and at a In 2003-04, 1,117 personnel of sergeant and garda value of \114 million, to ensure that all the grant rank received instruction on human rights and commitments previously entered into will be multicultural issues as part of public order realised. Projects may be awaiting planning per- training. mission or the completion of tender processes All participants in management and supervis- before reasonable assurance can be taken that ory training and development programmes in they will proceed and, if they do not, the funding 2003 and 2004 received an input from the Garda set aside can be decommitted and made available intercultural office in relation to policing in a to another project. Expenditure under the pro- multicultural society. gramme covers the period to end 2007 and must In 2005, the following training is planned: anti- take place in a planned manner as must grant racism training for all Garda training staff; human approvals to ensure that the programme can meet rights and police management seminars for all its financial commitments at all times. Garda officers; and the continuation of multicul- In addition, my Department has recently tural policing modules for all courses at all levels. reviewed the different budget lines under the EOCP including the capital programme to ensure Child Care Services. that the most effective use is made of all remain- ing funding in accordance with the programme’s 322. Mr. G. Mitchell asked the Minister for 657 Questions— 28 October 2004. Written Answers 658 objectives and this has brought to \157 million Garda authorities that local gardaı´ are aware that the total allocation for the capital development of the area in question is used by youths as a short child care under the present programme. At the cut to other areas during late evening and during same time, an extensive review of child care pro- the night. Mobile and foot patrols, both uniform vision on the ground has taken place to identify and plain clothes, patrol the area in question in obvious service gaps, the filling of which will be a order to identify and monitor the actions of priority using the remaining capital funding which these youths. currently exceeds \30 million, of which about \25 I understand that the area is continually moni- million is being earmarked for community based tored and appropriate action is taken where not for profit childcare groups which provide ser- necessary to deal with anti-social behaviour. vices for young children to support their parents who may be in employment, education and Visa Applications. training. I intend to allocate the remaining capital fund- 325. Mr. Penrose asked the Minister for Justice, ing under this strand of the Government’s com- Equality and Law Reform if his Department has mitment to child care to address the most received an application for a visitors visa from a immediate service gaps. As a result, all the pro- person (details supplied) in County Westmeath; jects in the pipeline on 30 April 2004 have been if same will be expedited; and if he will make a reviewed again by ADM Ltd. on the basis of geo- statement on the matter. [26750/04] graphical need, the range of services being Minister for Justice, Equality and Law Reform offered, value for money and the capacity of the (Mr. McDowell): My Department has no record groups to complete a project before the end of of a visa application from the person named in the programme in 2007. Those projects which the details supplied by the Deputy. The Deputy best meet the criteria will receive priority funding should forward the reference number of the visa from the capital funding which remains unallo- application in question to the immigration div- cated at this point. ision of my Department in order to enable a I understand that the recommendations in check on the status of the application in question. relation to the allocation of the remaining fund- ing are currently in preparation. If a project is Garda Stations. recommended for funding as part of this process, its recommendation will be conditional upon its 326. Mr. J. O’Keeffe asked the Minister for being able to establish that it can be completed Justice, Equality and Law Reform the number of within a fixed budget and a tight time frame. If a Garda stations in the country; the number of such project is not recommended for priority funding stations which do not have a PULSE terminal; at this time, it may be considered again should the reason therefor; and if he will make a state- additional capital resources come available and if ment on the matter. [26753/04] the project has adequately demonstrated that it Minister for Justice, Equality and Law Reform would merit funding under the programme dur- (Mr. McDowell): There are 703 Garda stations in ing the review process. The allocation of any the country. PULSE is available at 181 locations additional funding which might come available to including divisional and district headquarters and me will also be allocated on the basis of local all major city stations throughout the country. need, levels of service being offered and value Under this level of coverage, 85% of all incidents for money. are directly captured and over 75% of Garda per- I do not doubt but that the success of the sonnel have direct access to PULSE systems in present strand of the programme and the need to their own stations. Garda personnel in other continue to make child care available to support stations have also the means to link up with the the child care needs of our still growing work- PULSE network indirectly. It is considered by the force will support my case for ongoing capital and Garda authorities that the correct balance current funding from Government for this key between cost and availability has been achieved sector. Indeed, should any additional funding with this level of coverage. become available before the end of the present However, this is a matter to be kept under national development plan, I would expect that review in the light of advances in technologies the programme would again benefit from and experience gained from the use of the system transfers. over time. I have been informed by the Garda authorities that a decision has recently been made Question No. 323 answered with Question to carry out such a review. No. 316. 327. Mr. J. O’Keeffe asked the Minister for Crime Prevention. Justice, Equality and Law Reform the number of Garda stations in the Cork west Garda division; 324. Ms Shortall asked the Minister for Justice, the names of stations in that division equipped Equality and Law Reform if his attention has with a PULSE terminal; the names of stations in been drawn to an escalation in anti-social activity that division which are not equipped with a in an area (details supplied) in Dublin 11; and PULSE terminal; and if he will make a statement the action he proposes to take to deal with this on the matter. [26754/04] matter. [26741/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the (Mr. McDowell): There are 43 Garda stations in 659 Questions— 28 October 2004. Written Answers 660

[Mr. McDowell.] gramme with a view to including them as part of the Cork west Garda division. The following a multi-annual programme from 2005. All pro- stations have PULSE equipment: Bandon, Ban- jects are being assessed against the published try, Clonakilty, Kanturk, Macroom and prioritisation criteria, agreed earlier this year with Millstreet. the education partners. Each project will be The following stations do not have PULSE assigned a band rating and the progress of all pro- equipment: Adrigol, Ballgurteen, Ballineen, Bal- jects will be considered in the context of the pro- lingeary, Ballinhassig, Ballinspittle, Ballydehob, gramme from 2005. Ballydesmond, Ballyfeard, Ballyvourney, Balti- Following conclusion of the current Estimates more, Boherbue, Castletownbere, Castle- and budgetary process I intend to publish the townsend, Coachford, Crookstown, Drimoleague, 2005 building programme which will operate in a Drinagh, Dunmanway, Durras, Glengarriff, multi-annual framework. Goleen, Inchigeela, Innishannon, Keatkil, Kilbrit- tain, Kinsale, Knocknagree, Meelin, Newmarket, Schools Building Projects. Rathmore, Rosscarbery, Schull, Skibbereen, Stuake, Tarelton and Timoleague. 330. Mr. P. Breen asked the Minister for Edu- cation and Science when construction for the resource room for a school (details supplied) in Schools Refurbishment. County Clare will take place; and if she will make 328. Mr. P. Breen asked the Minister for Edu- a statement on the matter. [26466/04] cation and Science when the application for the refurbishment and extension proposed for a Minister for Education and Science (Ms school (detail supplied) in County Clare will go Hanafin): I am pleased to advise the Deputy that my Department has sanctioned a maximum grant into advance architectural planning; and if she \ will make a statement on the matter. [26464/04] level of 100,000 for the school in question as part of a devolved initiative under the 2004 school Minister for Education and Science (Ms building programme. The initiative allows boards Hanafin): The extension-refurbishment project of management to address their accommodation for the school referred to by the Deputy is at an and building priorities with a guaranteed amount early stage of architectural planning. It has a band of funding and gives boards of management con- 2 rating. My Department’s technical staff are cur- trol of the building project. It is my understanding rently examining the stage 3 submission, detailed that the contractor will commence works at the plans-costs, and the school authorities will be school in question next January. kept informed of developments. My officials are nearing completion of a review 331. Mr. P. Breen asked the Minister for Edu- of all projects which did not proceed to construc- cation and Science when the application for the tion as part of the 2004 school building pro- new school building for a school (details gramme with a view to including them as part of supplied) in County Clare will go into advance a multi-annual programme from 2005. All pro- architectural planning; and if she will make a jects are being assessed against the published statement on the matter. [26467/04] prioritisation criteria, agreed earlier this year with the education partners. Each project will be Minister for Education and Science (Ms assigned a band rating and the progress of all pro- Hanafin): The new school building project for the jects will be considered in the context of the pro- school referred to by the Deputy is at an gramme from 2005. advanced stage of architectural planning. It has a Following conclusion of the current Estimates band 2 rating. My Department’s officials recently and budgetary process I intend to publish the wrote to the school authorities requesting a stage 2005 building programme which will operate in a 4/5 submission, detail design/bills of quantities, multi-annual framework. and a response is awaited. My officials are nearing completion of a review 329. Mr. P. Breen asked the Minister for Edu- of all projects which did not proceed to construc- cation and Science when the application for the tion as part of the 2004 school building pro- refurbishment and extension proposed for a gramme with a view to including them as part of school (details supplied) in County Clare will go a multi-annual programme from 2005. into the next stage of architectural planning; and All projects are being assessed against the pub- if she will make a statement on the matter. lished prioritisation criteria, agreed earlier this [26465/04] year with the education partners. Each project will be assigned a band rating and the progress of Minister for Education and Science (Ms all projects will be considered in the context of Hanafin): The extension/refurbishment project the programme from 2005. for the school referred to by the Deputy is at an Following conclusion of the current Estimates early stage of architectural planning. It has a band and budgetary process I intend to publish the 2 rating. My Department’s technical staff are cur- 2005 building programme which will operate in a rently examining the stage 1/2 documentation, multi-annual framework. site suitability/sketch scheme. The school auth- orities will be kept advised of developments. 332. Mr. P. Breen asked the Minister for Edu- My officials are nearing completion of a review cation and Science when the application for the of all projects which did not proceed to construc- refurbishment and extension proposed for a tion as part of the 2004 school building pro- school (details supplied) in County Clare will go 661 Questions— 28 October 2004. Written Answers 662 into advance architectural planning; and if she place; and if she will make a statement on the will make a statement on the matter. [26468/04] matter. [26471/04]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The extension/refurbishment project Hanafin): I propose to take Questions Nos. 334 for the school referred to by the Deputy is at an and 335 together. early stage of architectural planning. It has a band I am pleased to inform the Deputy that con- 2 rating. My Department’s officials recently wrote struction work has recently commenced on the to the school authorities requesting a stage 3 sub- projects in question. mission (detailed plans/costs) and a response is awaited. Special Educational Needs. My officials are nearing completion of a review 336. Ms O’Sullivan asked the Minister for Edu- of all projects which did not proceed to construc- cation and Science if she will clarify the allocation tion as part of the 2004 school building pro- of special needs teachers under the new weighted gramme with a view to including them as part of system to all girls schools which are designated a multi-annual programme from 2005. All pro- disadvantaged; if their disadvantaged status will jects are being assessed against the published be taken into account; and if she will make a prioritisation criteria, agreed earlier this year with statement on the matter. [26472/04] the education partners. Each project will be assigned a band rating and the progress of all pro- 350. Ms Cooper-Flynn asked the Minister for jects will be considered in the context of the pro- Education and Science her views on the fact that gramme from 2005. under the new weighting system for special needs Following conclusion of the current Estimates resources for disadvantaged schools, it is fair that and budgetary process, I intend to publish the a disadvantaged school in an urban area will 2005 building programme which will operate in a receive one teacher for every 80 pupils, in a multi-annual framework disadvantaged school in a rural area it will receive one teacher for every 150 pupils; and if she will 333. Mr. P. Breen asked the Minister for Edu- explain the criteria behind this decision. cation and Science when the application for the [26557/04] three classrooms and ancillary refurbishment pro- posed for a school (details supplied) in County 358. Mr. Stanton asked the Minister for Edu- Clare will go into advance architectural planning; cation and Science the research that was used to and if she will make a statement on the determine the so-called weighted model of matter. [26469/04] teacher allocation for the various disability categ- ories; the rationale and scientific analysis that was Minister for Education and Science (Ms used to determine the weighted allocation based Hanafin): The extension/refurbishment project on gender discrimination; the way such systems for the school referred to by the Deputy is at an are arrived at in other OECD countries; and if advanced stage of architectural planning. It has a she will make a statement on the matter. [26593/04] band 3 rating. My officials are nearing completion of a review of all projects which did not proceed 366. Mr. English asked the Minister for Edu- to construction as part of the 2004 school building cation and Science the reason all girls schools are programme with a view to including them as part being discriminated against regarding the new of a multi-annual programme from 2005. All pro- weighted system of allocating special education jects are being assessed against the published teachers; and if she will make a statement on the prioritisation criteria, agreed earlier this year with matter. [26684/04] the education partners. Each project will be Minister for Education and Science (Ms assigned a band rating and the progress of all pro- Hanafin): I propose to take Questions Nos. 336, jects will be considered in the context of the pro- 350, 358 and 366 together. gramme from 2005. As the Deputies will be aware, the proposed Following conclusion of the current Estimates new system for resource teacher allocation and budgetary process I intend to publish the involves a general weighted allocation for all pri- 2005 building programme which will operate in a mary schools to cater for pupils with higher incid- multi-annual framework. ence special educational needs — borderline mild 334. Mr. P. Breen asked the Minister for Edu- and mild general learning disability and specific cation and Science if construction in relation to learning disability — and those with learning sup- the two classrooms and ancillary facilities pro- port needs, that is, functioning at or below the posed for a school (details supplied) in County 10th percentile on a standardised test of reading Clare has taken place; if not when it is proposed and/or mathematics. It will also allow for individ- to take place; and if she will make a statement on ual allocations in respect of pupils with lower the matter. [26470/04] incidence special educational needs. The proposed allocation mechanism is as fol- 335. Mr. P. Breen asked the Minister for Edu- lows: in the most disadvantaged schools, as per cation and Science if construction in relation to the urban dimension of Giving Children an Even the refurbishment and extension proposed for a Break, a teacher of pupils with special edu- school (details supplied) in County Clare has cational needs will be allocated for every 80 taken place; if not when it is proposed to take pupils to cater for the subset of pupils with higher 663 Questions— 28 October 2004. Written Answers 664

[Ms Hanafin.] received in her Department; the date that this incidence special needs; in all boys schools, the project progressed from each stage; the stage it is ratio will be one teacher for every 140 pupils; in currently at; when it is expected to proceed to mixed schools, or all girls schools with an enrol- construction; the estimated total cost of the build- ment of greater than 30% boys, one for every 150 ing project; and the amount that has been spent pupils; and in all girls schools, including schools by her Department on it to date. [26497/04] with mixed junior classes but with 30% or less boys overall, one for every 200 pupils. Minister for Education and Science (Ms Hanafin): My Department received an appli- In addition, all schools will be able to apply for cation for refurbishment from the board of man- separate specific allocations in respect of pupils agement of the school referred to by the Deputy with lower incidence disabilities. The rationale in May 1998. A design team was appointed on 23 for a pupil teacher ratio of 150 pupils for every September 1999 to commence the architectural teacher in mixed schools to support pupils with planning of the project and to examine a number higher incidence special educational needs and of options to provide improved accommodation learning difficulties/delays is that the pupil for the school. Following an examination of the teacher ratio for a learning support teacher was options presented it was decided to proceed with approximately 300 pupils; 10% of pupils would the provision of a new school building. be expected to have learning difficulties in the fields of literacy and numeracy and, on that basis, The stage 1/2/3 report — developed plans/costs approximately 15 out of a group of 150 pupils — was approved by my Department on 2 May would be expected to have learning difficulties. 2001 and approval was given to the board of man- This is considered half of a teacher’s caseload. A agement to proceed to stage 4/5. The building further 3%, or 4/5 pupils, in this cohort would be project is currently at an advanced stage of archi- expected to have higher-incidence special edu- tectural planning and has a band 3 rating. cational needs and would expect to receive 2.5 My Department is not in a position to indicate resource teaching hours per week. This would the estimated cost for the project as this is account for the other half of a teacher’s caseload. regarded as commercially sensitive information. The total amount spent on the building project to The rationale for the different pupil teacher \ ratios in boys’ — 140:1 — and girls’ — 200:1 — date is 58,942.84. My officials are nearing com- schools is twofold. First, international literature pletion of a review of all projects which did not on the incidence of disability indicates that, across proceed to construction as part of the 2004 school all disability types, there is a greater incidence in building programme with a view to including boys than in girls. Second, international and them as part of a multi-annual programme from national surveys of literacy and numeracy have 2005. All projects are being assessed against the found that these difficulties are more common published prioritisation criteria, agreed earlier among boys than girls. this year with the education partners. Each pro- ject will be assigned a band rating and the pro- The rationale for the level of support proposed gress of all projects will be considered in the con- for schools in areas of urban disadvantage is that text of the programme from 2005. evidence shows that there is a significantly higher incidence of literacy and numeracy difficulties in Following conclusion of the current Estimates urban disadvantaged compared to other schools, and budgetary process I intend to publish the including those in areas of rural disadvantage. 2005 building programme which will operate in a multi-annual framework. It is important to emphasise that applications may be made for specific resource teacher allo- cations in respect of pupils with lower incidence Educational Projects. special educational needs regardless of gender of 338. Mr. Ring asked the Minister for Education pupil or status of school. and Science if the area development plan for edu- I am conscious of difficulties that could arise cation infrastructure in an area (details supplied) with the proposed model, particularly for children in County Mayo is complete; the stage it is at; if in small and rural schools, if it were implemented the demographics of the area have been exam- as currently proposed. Accordingly, I will be ined; the recommendations for the area into the reviewing the model to ensure that it provides an future; when the draft area development plan will automatic response for pupils with common mild be published; when the public engagement pro- learning disabilities without the need for cumber- cess will commence; the submissions that have some individual applications, while at the same been received in this regard; if she will provide time ensuring that pupils currently in receipt of this Deputy with a copy of the submissions service continue to receive the level of service received; the estimated date of the publication of appropriate to their needs. The review will the final area development plan; and if she will involve consultation with educational interests make a statement on the matter. [26498/04] and the National Council for Special Education before it is implemented next year. Minister for Education and Science (Ms Hanafin): Earlier this year the previous Minister for Education and Science, Deputy Dempsey, Schools Building Projects. introduced a new planning model for educational 337. Mr. Ring asked the Minister for Education infrastructure to ensure that, in future, school and Science the position in relation to the build- provision will be decided after a transparent con- ing of a new school (details supplied) in County sultation process. In this regard, trustees, parents, Mayo; when the building project application was sponsors of prospective schools and all interested 665 Questions— 28 October 2004. Written Answers 666 parties from a locality will have the opportunity special assistance when they attend school. to have their voices heard in the process. [26510/04] The main feature of the new model, being Minister for Education and Science (Ms introduced initially on a pilot basis in five specific Hanafin): Decisions regarding the most appropri- areas, is the publication of an area development ate model of educational response for children plan which will set out a blueprint for education with special educational needs, SEN, are based infrastructure in the particular area into the on the professionally assessed needs of the indi- future. vidual child and in the context of the criteria out- The components of the draft area development lined in the relevant Department circulars. A plan are as follows: details of existing primary and child’s SEN may be capable of being met from post primary provision; examination of the demo- within a school’s existing special education teach- graphics of the area; commentary on the data; ing complement or it may involve additional and recommendations for the area into the resources being provided to the school. future. I recently announced my intention to review Following publication of each draft area the proposed new mechanism for allocating development plan, the Commission on School teaching support to schools. The intention is to Accommodation will conduct a public engage- ensure that the mechanism provides an automatic ment process to which all interested parties can response for pupils with common mild learning make submissions. All of these submissions will disabilities without the need for cumbersome be published. The process in each case will culmi- individual applications, while at the same time nate in the publication of a final area develop- ensuring that pupils currently in receipt of service ment plan against which all capital funding continue to receive the level of service appropri- decisions will be made over the next decade. ate to their needs. The review will involve consul- The location of the proposed new school to tation with educational interests and the National which the Deputy refers is being considered Council for Special Education before the new through the process outlined above, as it forms arrangements are implemented. part of one of the pilot area development plans, for which the draft area development plan will be 341. Mr. McGuinness asked the Minister for published in the near future. Education and Science the supports and services that are available in County Carlow for persons Schools Refurbishment. with autism; the autism specific schools that are available in County Carlow; the funding allocated 339. Mr. Murphy asked the Minister for Edu- to this group; and her future plans for the services cation and Science if and when she intends giving in the county. [26511/04] the go ahead to a school (details supplied) in County Cork for the requested, required and Minister for Education and Science (Ms much needed works. [26505/04] Hanafin): Every effort is made to ensure that Minister for Education and Science (Ms children with special educational needs, including children with autistic spectrum disorders, receive Hanafin): An application for grant-aid towards an an education appropriate to their needs. extension has been received from the manage- Decisions regarding the most appropriate model ment authority of the school referred to by the of response in each particular case are based on Deputy. the professionally assessed needs of the individ- My officials are nearing completion of a review ual child. of all projects which did not proceed to construc- In the Carlow area, some children with autism tion as part of the 2004 school building pro- are attending mainstream schools on a fully inte- gramme with a view to including them as part of grated basis, with the support of resource teach- a multi-annual programme from 2005. All pro- ing and special needs assistant support, as appro- jects are being assessed against the published priate. St. Lazarian’s special school also caters for prioritisation criteria, agreed earlier this year with a number of children on the autistic spectrum. In the education partners. Each project will be addition, my Department has been actively assigned a band rating and the progress of all pro- investigating the development of additional edu- jects will be considered in the context of the cational services for children with autism in the multi-annual programme. The accommodation Carlow area in consultation with existing edu- needs of the school referred to are being con- cation providers and this process is continuing. sidered as part of this review. No funding has been allocated to any particular Following conclusion of the current Estimates group in the Carlow area by my Department in and budgetary process I intend to publish the the context of autism provision other than the 2005 building programme which will operate in a normal resources made available to schools who multi-annual framework. are catering for pupils with autism.

Special Educational Needs. 342. Ms O’Sullivan asked the Minister for Edu- cation and Science the number of schools that will 340. Ms Cooper-Flynn asked the Minister for lose resources for pupils with special educational Education and Science the reason special needs needs as a result of the proposed introduction of children who are receiving help from a health a weighted system as per circular SP ED 09/04; board prior to going to primary school are not the number that will gain resources; and if she automatically entitled to resource hours or will make a statement on the matter. [26513/04] 667 Questions— 28 October 2004. Written Answers 668

Minister for Education and Science (Ms port needs in Leitrim and Dundalk; and if she will Hanafin): I am conscious of difficulties that could make a statement on the matter. [26516/04] arise with the proposed mechanism for allocating resource teachers to primary schools, particularly Minister for Education and Science (Ms for children in small and rural schools, if it were Hanafin): An internal committee of my Depart- implemented as currently proposed. Accordingly, ment meets from time to time to ensure effective I will be reviewing the proposed model to ensure liaison in the area of special educational needs. It that it provides an automatic response for pupils includes representatives of the inspectorate, with common mild learning disabilities without special education section and the National Edu- the need for cumbersome individual applications, cational Psychological Service, NEPS. As part of while at the same time ensuring that pupils cur- its work, the committee commissioned a screen- rently in receipt of service continue to receive the ing project with the aim of informing policy and level of service appropriate to their needs. The practice on the effective use of resources to sup- review will involve consultation with educational port children with special educational needs, interests and the National Council for Special including children with disabilities. Education before it is implemented next year. It The project was overseen by NEPS, with assist- would not be possible to provide the information ance from the educational research centre in St sought pending the outcome of the review. Patrick’s College, Drummond. It involved the assessment of all pupils in second to sixth class in 343. Ms O’Sullivan asked the Minister for Edu- mainstream primary schools in the town of Dun- cation and Science if she has evidence that the dalk and in the county of Leitrim. Teachers in schools that will lose resources under the new 55 schools administered group tests of cognitive weighted system of special needs allocation have ability and of reading and mathematical attain- a reduction of need with regard to the pupils ment to 3,897 pupils and also completed ques- attending their schools; and if she will make a tionnaires on individual pupils, on concerns not statement on the matter. [26514/04] amenable to normal screening methods. Statistical analysis of the results has proved to Minister for Education and Science (Ms be time consuming, but I understand that the Hanafin): I am conscious of difficulties that could final report on the project will be presented to arise with the proposed mechanism for allocating me before the end of 2004. I shall consider the resource teachers to primary schools, particularly findings in the report with my officials and decide for children in small and rural schools, if it were on the appropriate response. implemented as currently proposed. Accordingly, I will be reviewing the proposed model to ensure Schools Building Projects. that it provides an automatic response for pupils with common mild learning disabilities without 346. Mr. Ring asked the Minister for Education the need for cumbersome individual applications, and Science the amount it cost to re-roof a school while at the same time ensuring that pupils cur- (details supplied) in County Mayo in 2004; if rently in receipt of service continue to receive the there was a claim taken by the Department level of service appropriate to their needs. The against the builder or the design team in this review will involve consultation with educational matter; if not, the reason why; the amount the interests and the National Council for Special State paid to the architects for the design of this Education before it is implemented next year. building; the amount paid to the builder; the amount the overall project cost; and if she will Psychological Service. provide a detailed listing of all costs paid out in this regard. [26541/04] 344. Ms O’Sullivan asked the Minister for Edu- cation and Science the number of NEPS psychol- Minister for Education and Science (Ms ogists employed in the mid-western region; the Hanafin): This school was built to a standard number that has been deemed appropriate for the Department design that has been successfully region; and if she will make a statement on the used throughout the country over a 15-year matter. [26515/04] period. The architectural service for this project was provided by my Department’s professional Minister for Education and Science (Ms and technical staff. Hanafin): When the National Educational The particular difficulty in this case related to Psychological Service, NEPS, was established in the exceptional and unpredictable local wind 1999, it drew up a development plan, based on factors on site rather than poor workmanship student numbers in each region of the country. from the contractors and therefore the issue of On this basis, NEPS estimates that 16 psychol- pursuing a claim against the contractor did not ogists would be needed to support the population arise. The building contractor, the roofing sub- in the mid-western region. It has proved difficult contractor and the roof tile supplier tried various to recruit psychologists to serve in some regions, solutions, at no cost to the State, to deal with the including the mid-western region, where five psy- leaks at the school in question. However, none of chologists are currently deployed by NEPS. these proved to be a sustainable solution given NEPS management is making every effort to per- the wind factors. suade new recruits to opt for the mid-west region. The total cost of designing and building this 345. Ms O’Sullivan asked the Minister for Edu- new school was \953,059.93. This amount is made cation and Science if she will publish the results up of payments of \831,765.55 to the building of a study carried out by NEPS into learning sup- contractor, \60,769.73 to the external members of 669 Questions— 28 October 2004. Written Answers 670 the design team for quantity surveying and engin- the way in which this can ensure that resources eering services, \58,747.02 for furniture and go were they area actually needed. [26558/04] equipment and \1,777.63 for development charges to Castlebar UDC. The cost of the re- 352. Ms Cooper-Flynn asked the Minister for roofing project was \155,611.99. Education and Science her views on the fact that the new weighting system for special needs resources discriminates against small schools and Muinteoirı Feabhais Gaeilge. ´ ´ leaves them with less resource hours than they 347. D’fhiafraigh Mr. O’Shea den Aire Oidea- enjoyed previously under the old system; her chais agus Eolaı´ochta an bhfuil aon phlean aici further views that this new system could result in mu´ inteoirı´ feabhais Gaeilge a chur ar fa´il do the closure or amalgamation of same small ghaelscoileanna agus an nde´anfaidh sı´ ra´iteas ina schools. [26559/04] leith. [26554/04] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 351 Hanafin): Ar an gce´ad dul sı´os, ba cho´ ir go and 352 together. mbeadh ar chumas gach mu´ inteoir na´isiu´ nta la´n- I am conscious of difficulties that could arise cha´ilithe, mu´ inteoirı´ feabhais ina measc, teagasc with the proposed mechanism for allocating trı´ mhea´n na Gaeilge. Fairis sin, ta´ se´ de chu´ ram resource teachers to primary schools, particularly ar bhoird bainistı´ochta ghaelscoileanna mu´ in- for children in small and rural schools, if it were teoirı´ a fhostu´ a bhfuil an cumas sin acu. Sa cho´ - implemented as currently proposed. Accordingly, imhthe´acs sin, nı´l aon idir-dhealu´ inde´anta idir I will be reviewing the proposed model to ensure mu´ inteoir feabhais agus mu´ inteoir ranga. that it provides an automatic response for pupils with common mild learning disabilities without Special Educational Needs. the need for cumbersome individual applications, while at the same time ensuring that pupils cur- 348. Mr. Deenihan asked the Minister for Edu- rently in receipt of service continue to receive the cation and Science if additional hours will be pro- level of service appropriate to their needs. The vided for a special needs assistant at a school review will involve consultation with educational (details supplied) in County Kerry; and if she will interests and the National Council for Special make a statement on the matter. [26555/04] Education before it is implemented next year. Minister for Education and Science (Ms Hanafin): An application for an increase in the Schools Building Projects. level of special needs assistant, SNA, support from part-time to full time has been received 353. Mr. Penrose asked the Minister for Edu- from the school referred to by the Deputy. The cation and Science the position of a school application will be considered by my Department (details supplied) in County Westmeath; when and a decision will be conveyed to the school at construction of this much-needed school will the earliest possible date. commence; and if she will make a statement on the matter. [26561/04] Grant Payments. Minister for Education and Science (Ms 349. Mr. McGuinness asked the Minister for Hanafin): The new school building project for the Education and Science if the amount of £47,000 school referred to by the Deputy is at an early has been paid to Kilkenny County Council rela- stage of architectural planning. It has a band 2 tive to condition No. 2 of planning approval rating. My Department’s technical staff are cur- 99/121; if so if she will determine when the infra- rently examining stage 3 documentation, covering structure outlined in condition No. 2 will be pro- detailed plans and costs, and the school auth- vided or demand a repayment of the contri- orities will be kept advised of developments. bution; and if she will make a statement on the My officials are nearing completion of a review matter. [26556/04] of all projects, which did not proceed to construc- tion as part of the 2004 school building pro- Minister for Education and Science (Ms gramme with a view to including them as part of Hanafin): The information requested by the a multi-annual programme from 2005. All pro- Deputy is not readily available. My Department jects are being assessed against the published will contact him directly as soon as the infor- prioritisation criteria, agreed earlier this year with mation is to hand. the education partners. Each project will be assigned a band rating and the progress of all pro- Question No. 350 answered with Question jects will be considered in the context of the pro- No. 336. gramme from 2005. Following conclusion of the current Estimates and budgetary process I intend Special Educational Needs. to publish the 2005 building programme, which will operate in a multi-annual framework. 351. Ms Cooper-Flynn asked the Minister for Education and Science her views on the fact that Special Educational Needs. two schools with the exact pupil number, with completely different special needs children with 354. Mr. Wall asked the Minister for Education higher incidence special education needs should and Science if he will examine the attached sub- get the same allocation of resource teachers; and mission and favourably consider the person’s 671 Questions— 28 October 2004. Written Answers 672

[Mr. Wall.] ordinated through my office or that of the Mini- application for a special needs assistant for their ster of State. The National Educational Psycho- child (details supplied). [26579/04] logical Service, NEPS, is part of my Department and consequently the same arrangement applies Minister for Education and Science (Ms to queries from Members of the Oireachtas relat- Hanafin): I can confirm that an application for ing to NEPS. special needs assistant support, SNA, for the pupil in question was considered by my Depart- 357. Mr. Stanton asked the Minister for Edu- ment. The school authorities were informed in a cation and Science the vacancies that exist in letter dated 26 August 2004 that the pupil did not NEPS for educational psychologists at present; meet the criteria for such support under the rel- the way in which psychologists can make appli- evant Department circulars. Additional support- cations to NEPS in respect of any such vacancies; ing documentation was submitted to my Depart- her further plans in this regard; and if she will ment recently. The application will be make a statement on the matter. [26592/04] reconsidered in the context of this additional information and in light of the existing level of Minister for Education and Science (Ms SNA support available in the school. Hanafin): At present, the National Educational Psychological Service, NEPS has 127 psychol- Teaching Qualifications. ogists in including 67 psychologists at entry level. 355. Mr. Carey asked the Minister for Edu- Five more psychologists are due to take up cation and Science if the awards obtained in a employment in NEPS, three in November and USA university by a person (details supplied) in two others shortly thereafter. Dublin 11 would qualify them to teach in an Irish Recruitment of permanent staff to the Depart- second level school; and if she will make a state- ment, including psychologists has, to date, been ment on the matter. [26590/04] undertaken by the Office of the Civil Service and Local Appointments Commissioners, OCSLAC, Minister for Education and Science (Ms under the terms of the Civil Service Commis- Hanafin): The Registration Council is the statu- sioners Act 1956. The commissioners have pro- tory body which determines, with the approval of vided an independent recruitment and selection the Minister for Education and Science, the quali- service to Departments. The Public Service Man- fication requirements for the purpose of regis- agement (Recruitment and Appointments) Act tration as a secondary teacher. The council pre- 2004 was recently enacted. The OCSLAC no scribes that each applicant for registration as a longer exists but has been replaced by two new secondary teacher must, among other require- bodies. The Commission for Public Service ments, hold a relevant third level qualification Appointments is now the regulatory body for which in the opinion of the council, is adequate recruitment, while the Public Appointments Ser- to enable the holder to teach at least one of the approved subjects or areas of study approved for vice will provide a recruitment, selection and the purpose of a course of instruction as set out advisory service. The legislation also broadens in the rules and programme for secondary schools the options to Departments and Civil Service together with a suitable training in teaching quali- offices by enabling them to undertake their own fication acceptable to the council which is recruitment. directed towards the age range 12- 18 years. The current Civil Service Commission panel of Applications for the recognition of qualifi- 69 psychologists has recently been exhausted and cations for the purpose of registration are con- discussions regarding a new panel will commence sidered by the council at meetings, which take shortly. Further recruitment of psychologists to place on a periodic basis. For the council to assess NEPS will depend on the availability of resources the suitability of qualifications for teaching pur- and must also take account of Government policy poses, full details of the courses of study pursued on public sector numbers. must be submitted. I will arrange to have the sec- Pending the expansion of NEPS to cover all retariat of the Registration Council make contact schools, those that are not yet served may avail with the person in question with a view to advis- of the scheme for commissioning psychological ing him of the procedures to be followed. assessment, SCPA. The SCPA is an interim measure and was specifically introduced to mini- Psychological Service. mise delays for those children who need to be assessed. Under this scheme, individual psycho- 356. Mr. Stanton asked the Minister for Edu- logical assessments may only be administered by cation and Science if the National Educational psychologists whose names appear on a panel Psychological Service have been instructed by her compiled by NEPS. Psychologists on the panel Department not to answer queries from Members are private practitioners who have satisfied NEPS of the Oireachtas; if a direction has been issued that they are graduate members of the Psycho- to direct all such questions to her Department; logical Society of Ireland or the British Psycho- and if she will make a statement on the logical Society; that they are registered or char- matter. [26591/04] tered psychologists or, if not, that they have at Minister for Education and Science (Ms least one year’s supervised experience of adminis- Hanafin): The normal practice for answering tering psychological tests to children; that they queries from Members of the Oireachtas is that have obtained Garda clearance; and that their tax such queries are processed and replies co- affairs are in order. 673 Questions— 28 October 2004. Written Answers 674

Question No. 358 answered with Question consultation with stakeholders in Ireland as well No. 336. as on research on developments in upper second- ary education internationally. University Admissions. The NCCA has submitted initial advice on the 359. Mr. Crowe asked the Minister for Edu- reforms in June 2004. This will be followed by a cation and Science if she will accept that in the second stage at the end of the year which will interests of equality of access for all Irish students include an elaboration of the possible configur- that Trinity College waiver their new admissions ation of subjects, short courses and transition criteria for the academic year 2005 to allow units, details of how assessment might be man- schools in Northern Ireland to organise their aged, an analysis of the implications for staff teaching calendar to meet the college’s new development and infrastructure, and a detailed requirement. [26637/04] action plan for implementing the proposal. This will enable decisions to be made on implemen- Minister for Education and Science (Ms tation issues. Hanafin): Issues surrounding the development of It would not be appropriate to seek to harmon- admissions criteria for entry to courses at Trinity ise our education systems. Rather, policy is College are a matter for that university, in line focused on seeking agreement on the alignment with the Universities Act 1997. I have no plans to intervene in such matters. In this case, the univer- of the various levels of qualification in the sity has been in contact with all second level Republic of Ireland, Northern Ireland, Scotland, schools in Northern Ireland and has provided England and Wales, so that there will be clarity advance notification of the relevant changes prior as to what levels qualifications are broadly com- to the commencement of the A-level cycle of the parable. This will provide important information first students affected. The university has given for learners, employers and education undertakings that any anomalous cases arising institutions. will be dealt with on a case by case basis. In that context, the National Qualifications Authority of Ireland has hosted a network of Educational Qualifications. qualifications and regulatory authorities in the Republic of Ireland and the United Kingdom to 360. Mr. Crowe asked the Minister for Edu- promote co-operation and share practice, and cation and Science her views on the fact that consider the potential for aligning frameworks of there is a need to harmonise educational qualifi- qualifications and levels, or agreeing linkages. cations across the island of Ireland to ensure The network has had a number of meetings and equality of access and opportunity for all the chil- a process is under way to develop a “ready reck- dren of the island. [26638/04] oner” which will show key points of convergence 361. Mr. Crowe asked the Minister for Edu- of qualifications levels within the frameworks cation and Science her views on whether there is across the UK and the Republic of Ireland. This a need to progress such harmonisation within an is expected to be ready at the end of the year. agreed time frame in view of the changes to the In addition, under the framework of the North- educational qualification system in both England South Ministerial Council, a North-South work- and Northern Ireland. [26639/04] ing group has been established, co-chaired by Minister for Education and Science (Ms officials from the Department of Education and Hanafin): I propose to take Questions Nos. 360 Science in the Republic and Department of and 361 together. Employment and Learning in the North to iden- We must respect the fact that education tify where recognition arrangements are not in systems across the EU differ in how they prepare place and need to be advanced and to report and children and young people for participation in make proposals in this area. social and economic life, for active citizenship and On 6 February 2004 it was announced that Irish for lifelong learning. The education system in leaving certificate awards at ordinary and higher Northern Ireland is closely aligned with that of level would be included, with effect from 2006, in England, Scotland and Wales and differs to that the UCAS tariff, the points system for admission in the Republic, especially in regard to the treat- to higher education colleges in Northern Ireland ment of upper secondary education. and Britain. The National Council for Curriculum and In addition, the work is progressing at EU level Assessment has carried out a comprehensive on the implementation of the Bologna and public consultation process on the future direc- Copenhagen process regarding common tion of senior cycle education in Ireland. This approaches to the transparency and quality of concluded with the publication by the NCCA of qualifications in higher education and vocational Directions for Development — Developing education and training, and is beginning on the Senior Cycle Education, which was presented at a development of a European framework of quali- national forum in Dublin Castle on 23 September fications. The developments in Ireland regarding 2003. The NCCA proposals set out a vision for the national framework of qualifications in the type of school system which might exist by Ireland are attracting considerable international 2010. The proposals for reform build on extensive interest in that context. 675 Questions— 28 October 2004. Written Answers 676

[Ms Hanafin.] programme, the back to education initiative, and During the Irish Presidency of the EU political the local senior Traveller training centre. agreement was reached on Europass, a set of Despite the range of difficulties identified in transparency tools to improve information on the report referred to by the Deputy, 68% of the qualifications, work experience and language pro- parents surveyed for it reported that their child ficiency which are now being introduced across was achieving his or her potential at school. I wel- the EU. Political agreement was reached on a come the report as a useful contribution to this draft consolidated EU directive on the mutual complex area of policy and I have asked my recognition of professional qualifications. officials to consider its wider policy implications in the context of finalising work on an overall Educational Disadvantage. review of educational disadvantage programmes at national level. 362. Mr. Crowe asked the Minister for Edu- As part of a wider system of structural reform, cation and Science if she will respond to the my Department is establishing a network of ten recent report, How are our Kids?, by directing regional offices, including one in Tallaght. This extra resources to schools in the area; and if there network of offices will help to identify education will be a greater input by her Department to deal issues arising at local level, particularly gaps and with absenteeism, bullying, high drop out from overlap in social inclusion provision, and provide school, adult education and other issues pertinent regular reports to my Department. This local to her Department. [26640/04] presence will help my Department to continue to 363. Mr. Crowe asked the Minister for Edu- target resources at those most at risk of edu- cation and Science if her attention has been cational disadvantage in Tallaght and other simi- drawn to the recent report, How are our Kids?, lar areas. My priority as Minister for Education in Tallaght West; and the new measures she pro- and Science will be to continue targeting resources at those areas and people most in need. poses or sanctions she proposes to introduce in response to the considerable problems high- School Enrolments. lighted in the report. [26655/04] 364. Mr. Morgan asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the average age in months at Hanafin): I propose to take Questions Nos. 362 which children commence primary education in and 363 together. this State. [26666/04] A key focus of education policy is to prioritise investment in favour of those most at risk and Minister for Education and Science (Ms to optimise access, participation and outcomes at Hanafin): The information supplied relates to the every level of the system for disadvantaged number of pupils in junior infant classes in Sep- groups. tember of 2003-04 by age on 1 January 2004. It is not possible, within available data sources, to sup- The wide variety of measures in place in ply this information in months. Tallaght and in other similar areas for tackling educational disadvantage and social exclusion Age Number of pupils reflect these concerns. These measures range from pre-school interventions, supports for tack- 385 ling children’s literacy problems, reduced pupil 4 25,042 teacher ratios, increased capitation grants, 5 31,224 measures to tackle early school leaving and strengthen ties between the school, the family and 6 665 the community. In addition, there are inter- 736 ventions in support of youth and in providing 82 second chance education for young people and adults. As part of the roll out of services of the Residential Care Schools. National Educational Welfare Board, which is the 365. Mr. Crowe asked the Minister for Edu- national body with responsibility for school cation and Science the number of children incar- attendance, four educational welfare officers cerated in State institutions due to the fact that have been assigned to the Tallaght area. The no alternative accommodation exists. [26677/04] school completion programme is my Depart- ment’s main programme for tackling early school Minister for Education and Science (Ms leaving. There are six school completion clusters Hanafin): There are five children detention in Tallaght, comprising six post-primary and 19 schools under the aegis of my Department which primary schools. The Tallaght youth service has provide residential care, education and rehabili- been allocated funding of \700,000 to help tar- tation for children, generally up to age 16, who geted groups, including early school leavers, have been convicted of an offence or remanded young mothers and travellers. My Department in custody by the courts. The operational capacity also provides support for second chance edu- of the five schools is 114 of which there are 15 cation in west Tallaght through the Youthreach places for girls and 99 for boys. Officials from my Department have confirmed that on Friday, 22 677 Questions— 28 October 2004. Written Answers 678

October 2004, a total of 81 of the 114 beds were The arrangement for the payment of special occupied. needs assistants working with children in infants St. Joseph’s school, unlike the other four classes was also revised recently. To enable my schools, caters for both offending children Department process applications for arrears due referred by the courts and non-offending children to special needs assistants working with children on placement from various health boards across in infants classes, the school managerial authority the country in accordance with the Health Acts. must verify the special needs assistant work Of the 81 occupied beds in the schools on 22 pattern. October 2002, 18 were occupied in St. Joseph’s An application for payment of arrears for work school by children pursuant to the Health Acts. undertaken by the person in question in an The remaining 63 beds were occupied by children infant’s class for the periods 16 September 2002 detained on foot of court orders. Alternative to 20 December 2002 and 7 January 2003 to 31 placements are being sought for nine of these August 2003 has been received in my Depart- children, of which alternatives have been secured ment. Arrears due in respect of these periods will for two of the cases as of Friday, 22 October 2004. be included in the person’s salary on the 4 Nov- The Special Residential Services Board was ember 2004. established pursuant to the Children Act 2001. Its function is to provide policy advice to my Depart- Circular Pay 21/04 ment and to the Department of Health and Chil- To the Management Authorities of Primary dren on the remand and detention of children and Schools to ensure the efficient, effective and co-ordinated delivery of services to children in respect of 1. Revision of Rates of Pay for Regular Part- whom children detention orders or special care Time Special Needs Assistants orders are made. The mission statement of the 1.1 The Minister for Education and Science wishes to inform Management Authorities of Pri- board is that detention is a measure of last resort. mary Schools of the revised pay arrangements for The board liaises with the courts and, advises on regular part-time special need assistants request, with regard to suitable bed placements employed in the 2004/2005 school year. or alternate child care options depending on the 1.2 Part-time special needs assistants who are case circumstances. employed for a regular number of hours each Since April 2004, all requests for beds in the week over the course of the full school year will children detention schools from the courts are be paid at the appropriate revised hourly rate for channelled centrally via the Special Residential each hour worked w.e.f. 1st September 2004. A Services Board. There is on-going co-ordination copy of the revised rates is attached as Appen- by this board with the various agencies, including dix A. my Department, in order to provide for alternate 1.3 Special Needs Assistant employed in an placements including the necessary child care Infant class for the full duration of the infant plans and services most appropriate to meet the school day will be paid for 27 hours per week at needs of the individual child. the appropriate hourly rate. The school mana- gerial authority must verify annually that the Question No. 366 answered with Question Special Needs Assistant is working in an Infantπs No. 336. class for the full duration of the infant school day. 1.4 The issue of arrears of pay for the Special Educational Needs. 2001/2002, 2002/2003 and 2003/2004 school years 367. Ms F. O’Malley asked the Minister for will be addressed in a further Circular. Education and Science the reason for a discrep- ancy in the payment of part-time special needs 2. Supervision and Special Needs Assistants assistants who work the same hours (details 2.1 The arrangements for supervision of supplied); and the steps she will take to bring students during assembly, recreational and dis- these salaries into line. [26697/04] persal periods are comprehended by the supervision/substitution scheme as outlined in Minister for Education and Science (Ms Circular Letter PPT 01/03. This scheme provides Hanafin): All special needs assistants employed resources to schools for the paid supervision of in primary schools are paid on an incremental sal- students on school premises by teachers and/or ary scale. My Department has recently revised external supervisors outside of specified class- the rate of pay for all part time special needs room teaching duties. The resources are deter- assistants in primary schools and issued any mined by the teacher allocation to the school. arrears due for the period — 1 September to 18 2.2 Part of the contractual duties of Special October 2004 — in the salaries paid on 21 Needs Assistants is to assist teachers in the super- October 2004. An insert issued with the payslip vision of students during assembly, recreational notifying the part-time special needs assistants of and dispersal periods. Special Needs Assistants the adjustment in pay and advising them of the should not be instructed to directly supervise relevant circular outlining the details. A copy of students during these periods the relevant circular is attached for the Deputy’s 2.3 Managerial authorities are requested to information. ensure that the arrangements for supervision in 679 Questions— 28 October 2004. Written Answers 680

[Ms Hanafin.] implementing change in the workplace and will schools are such that they do not conflict with the co-operate with workplace training for change in contractual duties of the Special Needs Assistant work practices where provided. and are in compliance with the terms of the School Development Planning — Co-operation supervision/substitution scheme. with school development planning is a future ori- 3. Modernisation Issues ented process and may involve development and 3.1 The terms of Sustaining Progress provide changes in various aspects of the schoolπs policies that payment of the final two phases of the and practices. Special Needs Assistants will par- benchmarking increase and the general round ticipate in the school development planning pro- increases is dependent, in the case of each sector, cess where appropriate and will co-operate with organisation and grade on verification of co-oper- any such changes in policies and practices arising ation with flexibility and ongoing change, satisfac- from the school development planning process. tory implementation of the agenda for modernis- Curricular and legislative change — Special ation, maintenance of industrial relations and Needs Assistants will continue to co-operate with absence of industrial action in respect of any curricular and legislative change. matters covered by the Agreement. Flexibility — Work demands may lead to 3.2 Details of the modernisation agenda agreed change in the way in which work is organised for Special Needs Assistants are attached as involving a redistribution of tasks among staff Appendix B. The agreement applies in the case and more flexibility in regard to reporting. of all Special Needs Assistants whose posts are Special Needs Assistants will agree to be re- approved and funded by the Department of Edu- assigned to other work appropriate to theSpecial cation and Science. The terms outlined in the Needs Assistant grade as outlined in their rel- agreement supersede any previous local arrange- evant contracts when special needs pupils are ments or conditions which may have existed. absent from school or when particular urgent 4. Dissemination work demands arise. In addition Special Needs Management authorities are requested to bring Assistants will report to other senior school per- the details outlined in this Circular to the atten- sonnel as authorised by school management from tion of special needs assistants employed in the time to time. schools. You are also requested to give a copy of the Circular to the parents’ representatives on the 4. Maintenance of stable industrial relations Board of Management. environment P. Maloney, The parties recognise the importance of stable Principal Officer, industrial relations and are committed to main- October 2004. taining a well-managed industrial relations climate to minimise disputes. Special Needs Appendix B Assistants will agree to utilise available dispute resolution mechanisms industrial relations pro- Sustaining Progress cedures (both statutory and non-statutory) Modernisation agenda for Special Need including Assistants • Grievance procedures 1. Attendance Patterns Primary School Special Needs Assistants are • Disciplinary Procedures required to be available to schools for a couple • School related policies in respect of Health of days at the start and finish of each school term. and Safety and the relevant codes of practice It is agreed that these days (12 in total) may be in respect of bullying and harassment in the combined at the discretion of school management workplace. to be utilised flexibly throughout the year for work appropriate to the grade including training. 5. Customer These days will not exceed 5 consecutive days and Special Needs Assistant will commit to the will immediately follow or precede school terms or within a couple of days thereof. The agreement schools’ culture and traditions and reflect these reached under PCW in respect of pupils in special through interaction where appropriate with schools and special classes who have extra attend- parents, pupils, teachers, management and the ance at school for respite care/holiday pro- wider school community. Special Needs Assist- grammes remains unaffected. ants will implement and co-operate with direc- tives issued by the school authority or the Depart- 2. Restructuring and rationalisation of resources ment of Education and Science including new Full engagement in a fundamental review of arrangements for parent-teacher meetings, staff the special needs assistant service including meetings and the standardised school year. restructuring and rationalisation of the service. Special Needs Assistants will engage with parents 3. Co-operation with ongoing change of special needs pupils in both formal and infor- Training and development — Special Needs mal structures as required and directed by Assistants will co-operate with programmes for school management. 681 Questions— 28 October 2004. Written Answers 682

Appendix A:

Special Needs Assistants — Salary Scales

Rates effective from 1st July 2004

Point on Scale Full Time Hourly Rate

\\ 1 20,128 12.05 2 21,073 12.62 3 22,016 13.19 4 22,961 13.75 5 23,907 14.32 6 24,851 14.88 7 25,795 15.45 8 26,735 16.01 9 27,682 16.58 10 28,623 17.14 11 29,572 17.71 12 31,353 18.78 13 32,621 19.54

School Enrolments. Gaelscoileanna, Educate Together schools and schools in areas designated as disadvantaged; and 368. Mr. Curran asked the Minister for Edu- if she will make a statement on the matter. cation and Science the number of children from [26700/04] travelling families who were enrolled in primary Minister for Education and Science (Ms schools in Dublin City and County as at 30 Sep- Hanafin): The information requested by the tember 2003; the number who were enrolled in Deputy is set out in the table.

Dublin city and county Enrolments as at 30 September, 2003

Total Traveller pupils in primary schools 1,288 Traveller children in Gaelscoileanna 0 Traveller children in Educate Together schools 0 Traveller children in schools designated as disadvantaged 988

the current school year are still being collected 369. Mr. Curran asked the Minister for Edu- and, therefore, the information requested is not cation and Science the number of new enrolments yet available for the 2004-05 school year. The in primary schools in Lucan in September 2004, information requested by the Deputy for 2002 September 2003 and September 2002. [26701/04] and 2003 is set out in the attached table. It should be noted that the figures provided relate to the Minister for Education and Science (Ms number of pupils in junior infants in the Belgard Hanafin): The annual primary census forms for area of Dublin.

Pupils In Junior Infants In Dublin Belgard By School (2002/2003 School-Year).

Roll No. School Address 1 Address 2 Boys Girls Total

00714P LucanBNS Lucan Co Dublin 60 0 60 00729F Clochar Loreto N S Grange Road Rathfarnham 0 56 56 11638N Whitechurch Nat School Whitechurch Rathfarnham 7 11 18 12014D St Andrews N S Lucan Co Dublin 19 14 33 13217W Holy Family National School Rathcoole Co Dublin 11 17 28 13447Q Scoil Mhuire Lucan Co Dublin 0 83 83 14939T Rathfarnham Parish N S Washington Lane Templeogue 12 17 29 16461C Caisleain Nua Liamhna Newcastle Lyons Co Dublin 15 16 31 16983J S N Naomh Cillin Bluebell Inchicore 7 2 9 17055T S N Naomh Mhuire Saggart Co Dublin 11 12 23 17899C Scoil Carmel Teach Giuise Tallaght 56 58 114 683 Questions— 28 October 2004. Written Answers 684

Roll No. School Address 1 Address 2 Boys Girls Total

17953F S N Bhaile Eamonn Rathfarnham Dublin 14 7 8 15 17996A Glen Na Smol N S Glen Na Smal Tallaght 6 4 10 18173H S N Briotas Brittas Co Dublin 5 10 15 18323A Scoil Lorcain B Palmerstown Dublin 20 57 0 57 18324C Scoil Bride C Palmerstown Dublin 20 0 52 52 18411U St Marys School Greenhills Road Tallaght 17 12 29 18602E Scoil Mhuire Clondalkin Dublin 22 28 31 59 18642Q S N Naomh Eoin Tower Road Clondalkin 4 10 14 19114T St Patrick Gns Ballyroan Rathfarnham 48 55 103 19158Q St PetersBNS Limekiln Rd Greenhills 28 0 28 19177U St PiusXNSBoys Fortfield Park Terenure 65 0 65 19178W St PiusXGNS Fortfield Park Terenure 0 49 49 19220S Scoil Naomh Ide Clondalkin Dublin 22 30 26 56 19221U Scoil Naomh Aine Clondalkin Dublin 22 20 35 55 19446V Scoil Mhuire Boys Grange Road Rathfarnham 60 0 60 19462T Naomh Maolruain Old Bawn Tallaght 38 28 66 19464A Sn Naomh Colmcille Homelawns Tallaght 2 2 4 19465C St Kevins Boys Kilnamanagh Tallaght 28 0 28 19466E St Kevins Girls Kilnamanagh Tallaght 0 27 27 19472W St Marks Junior N S Springfield Tallaght 70 55 125 19474D Scoil Colmcille Naofa Knocklyon Templeogue 100 84 184 19490B Scoil Mhuire Ballyboden Dublin 16 20 16 36 19502F Scoil Aenghusa Jun Ns Balrothery Tallaght 23 23 46 19503H Scoil Chronain Sraid Mor Rath Cuil 25 17 42 19509T Scoil Nano Nagle Bawnoge Clondalkin 26 35 61 19541P Belgard Heights N S Scoil Ard Mhuire Belgard Heights 25 18 43 19542R Esker N S St Thomas Ns Esker 69 51 120 19556F St Killians Junior School Castleview Tallaght 38 33 71 19566I Our Lady Queen Of Apostles Queen Of Apostles Ns Clonburris 36 34 70 19569O Neillstown N S St Peter Apostle Ns Neillstown 41 35 76 19574H Marley Grange NS Divine Word Ns Marley Grange 33 25 58 19575J St Marys Junior N S Rowlagh Clondalkin 22 29 51 19577N Scoil Iosa Scoil Nais Iosa Tymon North 5 5 10 19582G St Maelruains N S Kilclare Avenue Jobstown 4 4 8 19617W St Martin De Porres N S Aylesbury Old Bawn 28 15 43 19622P St Annes Jun N S Fettercairn Tallaght 16 16 32 19623R St Pauls Jun Ns Greenhills Walkinstown 0 89 89 19646G Scoil Santain Bothar Na Habhann Mor Tamhlacht 25 22 47 19652B An Chroi Ro Naofa Sois Killinarden Tallaght 40 32 72 19658N Bishop Shanahan Ns Orwell Park Templeogue 71 45 116 19702N St Thomas Junior N S Jobstown Tallaght 50 43 93 19707A St Ronans N S Deansrath Clondalkin 21 25 46 19743E St Bernadettes Junior N S Quarryvale Clondalkin 30 33 63 19775R Scoil Cnoc Mhuire Junior Knockmore Ave Killinarden 24 19 43 19782O St Brigids N S Brookfield Tallaght 37 37 74 19799I Sacred Heart N S Sruleen Clondalkin 19 33 52 19817H St Marys N S Woodview Esker 17 14 31 19855P Gaelscoil Chluain Dolcain Bothar Nangor Cluain Dolcain 11 22 33 19865S Archbishop Ryan N S Balgaddy Lucan 53 46 99 19872P Scoil Chaitlin Maude Cnoc Mhuire Tamhlacht 14 11 25 19878E Ballycragh N S Ballycragh Firhouse 30 27 57 19940G Gaelscoil Naomh Padraig Leamhcan Co Baile Atha Cliath 14 18 32 19943M St Damiens NS Beechfield Close Walkinstown 18 10 28 19950J St Dominics N S Tallaght Dublin 24 10 13 23 19991A Gaelscoil Na Camoige Aras Chronain Bothar An Ulloird 15 16 31 685 Questions— 28 October 2004. Written Answers 686

Roll No. School Address 1 Address 2 Boys Girls Total

20043G Gaelscoil Chnoc Liamhna Halla Na nGasoga Bothar Cnoc Liamhna 19 14 33 20066S Lucan Multi Denominational Ns Willsbrook Lucan 33 25 58 20166W Griffeen Valley Educate Together Bewley Way Willsbrook 8 14 22 Ns

3,519

Pupils In Junior Infants In Dublin Belgard By School (2003/2004 School-Year)

Roll No. School Address 1 Address 2 Boys Girls Total

00714P LucanBNS Lucan Co Dublin 73 0 73 00729F Clochar Loreto N S Grange Road Rathfarnham 0 70 70 11638N Whitechurch Nat School Whitechurch Rathfarnham 16 8 24 12014D St Andrews N S Lucan Co Dublin 19 11 30 13217W Holy Family National School Rathcoole Co Dublin 30 19 49 13447Q Scoil Mhuire Lucan Co Dublin 0 80 80 14939T Rathfarnham Parish N S Washington Lane Templeogue 17 14 31 16461C Caisleain Nua Liamhna Newcastle Lyons Co Dublin 13 10 23 16983J S N Naomh Cillin Bluebell Inchicore 3 1 4 17055T S N Naomh Mhuire Saggart Co Dublin 4 17 21 17899C Scoil Carmel Teach Giuise Tallaght 48 59 107 17953F S N Bhaile Eamonn Rathfarnham Dublin 14 8 7 15 17996A Glen Na Smol N S Glen Na Smal Tallaght 1 5 6 18173H S N Briotas Brittas Co Dublin 8 2 10 18323A Scoil Lorcain B Palmerstown Dublin 20 59 0 59 18324C Scoil Bride C Palmerstown Dublin 20 0 56 56 18411U St Marys School Greenhills Road Tallaght 26 18 44 18602E Scoil Mhuire Clondalkin Dublin 22 39 28 67 18642Q S N Naomh Eoin Tower Road Clondalkin 3 7 10 19114T St Patrick Gns Ballyroan Rathfarnham 38 39 77 19158Q St PetersBNS Limekiln Rd Greenhills 31 0 31 19177U St PiusXNSBoys Fortfield Park Terenure 65 0 65 19178W St PiusXGNS Fortfield Park Terenure 0 61 61 19220S Scoil Naomh Ide Clondalkin Dublin 22 23 24 47 19221U Scoil Naomh Aine Clondalkin Dublin 22 8 25 33 19446V Scoil Mhuire Boys Grange Road Rathfarnham 61 0 61 19462T Naomh Maolruain Old Bawn Tallaght 45 48 93 19464A Sn Naomh Colmcille Homelawns Tallaght 2 0 2 19465C St Kevins Boys Kilnamanagh Tallaght 31 0 31 19466E St Kevins Girls Kilnamanagh Tallaght 0 33 33 19472W St Marks Junior N S Springfield Tallaght 72 47 119 19474D Scoil Colmcille Naofa Knocklyon Templeogue 97 87 184 19490B Scoil Mhuire Ballyboden Dublin 16 16 14 30 19502F Scoil Aenghusa Jun Ns Balrothery Tallaght 21 22 43 19503H Scoil Chronain Sraid Mor Rath Cuil 16 20 36 19509T Scoil Nano Nagle Bawnoge Clondalkin 41 32 73 19541P Belgard Heights N S Scoil Ard Mhuire Belgard Heights 15 15 30 19542R Esker N S St Thomas Ns Esker 50 70 120 19556F St Killians Junior School Castleview Tallaght 34 34 68 19566I Our Lady Queen Of Apostles Queen Of Apostles Ns Clonburris 42 34 76 19569O Neillstown N S St Peter Apostle Ns Neillstown 52 34 86 19574H Marley Grange Ns Divine Word Ns Marley Grange 20 25 45 19575J St Marys Junior N S Rowlagh Clondalkin 33 26 59 19577N Scoil Iosa Scoil Nais Iosa Tymon North 8 4 12 19582G St Maelruains N S Kilclare Avenue Jobstown 8 5 13 19617W St Martin De Porres N S Aylesbury Old Bawn 29 14 43 19623R St Pauls Jun Ns Greenhills Walkinstown 0 77 77 687 Questions— 28 October 2004. Written Answers 688

Roll No. School Address 1 Address 2 Boys Girls Total

19646G Scoil Santain Bothar Na Habhann Mor Tamhlacht 18 26 44 19652B An Chroi Ro Naofa Sois Killinarden Tallaght 26 35 61 19658N Bishop Shanahan Ns Orwell Park Templeogue 74 39 113 19702N St Thomas Junior N S Jobstown Tallaght 53 46 99 19707A St Ronans N S Deansrath Clondalkin 23 23 46 19743E St Bernadettes Junior N S Quarryvale Clondalkin 40 25 65 19775R Scoil Cnoc Mhuire Junior Knockmore Ave Killinarden 28 19 47 19782O St Brigids N S Brookfield Tallaght 53 36 89 19799I Sacred Heart N S Sruleen Clondalkin 33 22 55 19817H St Marys N S Woodview Esker 29 24 53 19855P Gaelscoil Chluain Dolcain Bothar Nangor Cluain Dolcain 36 25 61 19865S Archbishop Ryan N S Balgaddy Lucan 61 39 100 19872P Scoil Chaitlin Maude Cnoc Mhuire Tamhlacht 26 20 46 19878E Ballycragh N S Ballycragh Firhouse 31 16 47 19940G Gaelscoil Naomh Padraig Leamhcan Co Baile Atha Cliath 17 13 30 19943M St Damiens Ns Beechfield Close Walkinstown 17 7 24 19950J St Dominics N S Tallaght Dublin 24 13 16 29 19991A Gaelscoil Na Camoige Aras Chronain Bothar An Ulloird 15 15 30 20043G Gaelscoil Chnoc Liamhna Halla Na nGasoga Bothar Cnoc Liamhna 17 18 35 20066S Lucan Multi Denominational Ns Willsbrook Lucan 31 29 60 20166W Griffeen Valley Educate Together Bewley Way Willsbrook 35 24 59 Ns 20173T St Annes Primary School Fettercairn Tallaght 18 16 34

3,654

Departmental Priorities. integrated basis in ordinary schools with special back-up supports. 370. Mr. R. Bruton asked the Minister for Edu- The nature and level of the special educational cation and Science the five measurable perform- response provided is largely based on the pro- ance indicators which she regards as target of fessionally assessed needs of the individual child. greatest priority within her Department; the way The National Educational Psychological Service, in which this measure has changed in each year which was established in 1999, employs qualified since 1997; her views on whether confining priori- educational psychologists to provide the assess- ties to five indicators gives too partial a picture ment service. of Departmental priorities; and if she will indicate the movement over the period 1997 to 2004 of My Department’s policy is to ensure the other primary indicators of performance. maximum possible integration of children with [26717/04] special needs into ordinary mainstream schools. Many children with special needs are capable of Minister for Education and Science (Ms attending mainstream schools on a fully inte- Hanafin): The information requested by the grated basis with the support, where necessary, of Deputy is being compiled and a response will be special resource teachers and/or special needs forwarded on to him within the next couple of assistants. days. Children with more severe disabilities are cat- ered for in special schools which are dedicated to Special Educational Needs. particular disability groups. There are 108 special schools in the country at present. These schools 371. Mr. Connolly asked the Minister for Edu- cater for children from four to 18 years of age and cation and Science the course which is open to each school enjoys a significantly reduced pupil parents of children with disabilities and chronic teacher ratio and other staffing supports. For health problems to seek appropriate educational example, each class catering for a maximum of provision for their children without having to six children with autism or children with resort to litigation against the State; and if she severe/profound general learning disability will will make a statement on the matter. [26721/04] have a staffing of at least one teacher and two Minister for Education and Science (Ms special needs assistants. Additional special needs Hanafin): Children who have been assessed as assistant support is provided if deemed necessary. having special educational needs have access to a Special schools also receive increased rates of range of special support services. The services capitation funding. range from special schools dedicated to particular Where placement in a special school is not con- disability groups, through special classes/units sidered necessary, children with special needs can attached to ordinary schools, to placement on an attend special classes attached to ordinary main- 689 Questions— 28 October 2004. Written Answers 690 stream schools. Each special class is dedicated to will play a key role in the development and deliv- a particular disability group. All special classes ery of services for persons with special needs. It enjoy the same increased levels of staffing and will have a research and advisory role and will funding as are made available to the special establish expert groups to address particular schools. Children attending special classes areas of special needs provision. It will also estab- attached to ordinary schools may, where appro- lish a consultative forum to facilitate inputs from priate, be integrated into ordinary classes for the education partners and other interested periods of the school day and, in that way, benefit parties. from being able to socialise with their non-dis- Significant progress has been made in the abled peers. A total of approximately 654 special establishment of the national council and 70 classes are in place in the primary system at special education needs organisers, SENOs, have present. While children are awaiting a suitable recently been recruited. The SENOs will be a educational placement, my Department may focal point of contact for schools and parents as sanction home tuition as an interim measure if well as processing individual applications for appropriate. resources for special educational needs. It is Since 1998, the following dedicated resources anticipated that the council and the SENOs will have been deployed to support children with become operational shortly. special needs in the primary system: more than 372. Mr. G. Mitchell asked the Minister for 2,600 resource teachers, up from 104 in 1998; Education and Science if the provision of a home more than 1,500 learning support teachers, up tutor will be sanctioned for a person (details from 1,302 in 1998; more than 1,000 teachers in supplied) in Dublin 12. [26731/04] special schools; more than 600 teachers in special classes; more than 5,000 special needs assistants, \ Minister for Education and Science (Ms up from 300 in 1998; more than 30 million on Hanafin): My Department received the com- school transport for special needs pupils; more munication referred to by the Deputy. My than \3 million towards specialised equipment \ officials have issued a formal application form to and materials; up from 0.8million in 1998. the person in question. When this has been com- To appreciate the scale of improvement in the pleted and returned to my Department, further provision of resources to primary schools for consideration will be given to the matter and a special needs, it is worth reflecting on the fact decision conveyed to the family. that, at approximately 10,700, the number of adults providing services to children with special Schools Building Projects. educational needs in primary schools today equates to more than half of the 21,100 primary 373. Mr. O’Donovan asked the Minister for teaching force in 1998. Education and Science the reasons a contract has Section 29 of the Education Act 1998 provides not been signed for the construction of a new parents with an appeal process where a board of school (details supplied) in County Cork; the date management of a school or a person acting on when the contract will be signed; and if she will behalf of the board refuses to enrol a student. An make a statement on the matter. [26738/04] appeal will generally not be admitted unless it is Minister for Education and Science (Ms made within 42 calendar days from the date the Hanafin): The school referred to by the Deputy decision of the board of management was notified is listed for proceeding to tender and construction to the parent or student concerned. However, a as part of the 2004 school building programme. longer period for making appeals may be allowed My Department has been in contact with the as an exception where it is accepted that circum- school authorities regarding the tender outcome stances did not permit the making of an appeal on this project. The matter will be considered within the 42 day limit. further when a response has been received from Where an appeal under section 29 is upheld, the school authorities. the Secretary General of my Department may direct a school to enrol a pupil. The National Defence Forces Property. Educational Welfare Board, NEWB, can assist parents who are experiencing difficulty in secur- 374. Mr. P. Breen asked the Minister for ing a school place for their child. The welfare Defence the names of the applicants, with respect board has indicated that it will treat children for to all the planning applications to which his whom an appeal under section 29 has been unsuc- Department lodged objections and appeals at Casement Aerodrome; the address of each of the cessful as priority cases in offering such applicant sites; the stated reason for such objec- assistance. tions and appeals; the applicable planning refer- The Education for Persons with Special Edu- ence numbers and the final outcomes of such cational Needs Act 2004 sets out the rights and objections and appeals; and if he will make a entitlements of children with special needs to an statement on the matter. [26484/04] appropriate education service and providing the necessary framework for effective service deliv- Minister for Defence (Mr. O’Dea): Casement ery. In addition, the national council for special Aerodrome, which is the only secure military education, which will have a local area presence, aerodrome in the State, has been operated by the 691 Questions— 28 October 2004. Written Answers 692

[Mr. O’Dea.] tives in terms of the associated strategies and per- Defence Forces since the foundation of the State. formance indicators. It provides facilities for military aircraft training The strategic objectives have been essentially and operations, including fishery protection the same since 1997, except in emergency plan- patrols, ministerial air transport, Garda air sup- ning, and are currently set out in the Department port, etc. of Defence strategy statement for 2003-05. The Responsibility for planning and development in objectives are to contribute to the security of the the vicinity of Casement Aerodrome currently State principally against the threat of armed rests with the planning department of South aggression and thus contribute to political and Dublin County Council and all planning decisions economic well being — the security objective; to are made by that authority. The practice down promote the co-ordination of emergency planning the years has been for the local planning auth- functions across all Departments and agencies ority to consult the Department of Defence in and to oversee the emergency planning process respect of planning applications for proposed in general — the emergency planning objective; developments which may affect Casement to facilitate through the local authorities Civil Aerodrome. Defence responses for emergency relief and sup- My Department commissioned a review of its port to ensure the operation of vital services and air safety policy at Casement Aerodrome in June the maintenance of public life and to provide all 1999. The review was carried out by Sir Frederick other supports as directed by Government — the Snow and Partners Limited, and following exten- Civil Defence objective; to continue the modern- sive consideration of their report, a formal state- isation of the Defence Forces by implementing ment of the Department’s revised policy was noti- the White Paper on Defence and related modern- fied to South Dublin County Council on 26 June isation initiatives — the White Paper objective; 2000. The current safety policy reflects best inter- and to provide the Minister for Defence with the national practice in accordance with International best policy advice and support on the manage- Civil Aviation Organisation standards and recom- ment of defence — the policy advice and sup- mendations and provides for military training in port objective. the area. Given that these objectives closely follow the The position is that weekly planning lists as Defence commitments made in the programme issued by the planning authority of South Dublin for Government, each of the objectives is County Council are examined in my Department. important, as are all of the related strategies and Where any such application may conflict with my performance indicators. It would be invidious to Department’s air safety policy or affect the safety try to isolate any five or more as of greater and operation of Casement Aerodrome, my priority than the others. Department’s observations and/or objections, as appropriate, are conveyed to the council. Air Pollution. The detailed information in relation to appli- 376. Mr. Durkan asked the Minister for the cations requested by the Deputy is not readily Environment, Heritage and Local Government available and the compilation of such information the extent to which air pollution monitoring would require a disproportionate allocation of equipment is currently in use in or adjacent to the staff resources. If the Deputy wishes the infor- various towns and villages in north Kildare; if the mation in respect of a specific application or equipment is of modern standards and capable applications, I will arrange to have the relevant of meeting today’s requirements; if monitors are details made available to him. adequately dispersed to achieve an accurate reflection of air quality in the area; and if he will Departmental Priorities. make a statement on the matter. [26624/04] 375. Mr. R. Bruton asked the Minister for Minister of State at the Department of the Defence the five measurable performance indi- Environment, Heritage and Local Government cators which he regards as target of greatest (Mr. B. O’Keeffe): Air quality assessment is a priority within his Department; the way in which matter for the Environmental Protection Agency, this measure has changed in each year since 1997; EPA, and air quality management a matter for his views on whether confining priorities to five local authorities informed by air quality measure- indicators gives too partial a picture of Depart- ment data. The EPA’s air quality monitoring mental priorities; and if he will indicate the move- annual report 2002, a copy of which is available ment over the period 1997 to 2004 of other pri- in the Oireachtas Library, contains details of all mary indicators of performance. [26718/04] air quality monitoring stations operated by the Minister for Defence (Mr. O’Dea): In the local authorities and the EPA, including those in period 1997-2001 my Department had four stra- County Kildare. Monitoring of air pollution is tegic objectives and a number of associated stra- also undertaken as a condition of some integrated tegies and performance indicators which were set pollution control licences issued by the agency. out in successive strategy statements. A fifth Information on all aspects of IPC licences is avail- objective, dealing with emergency planning, was able from the EPA. added in 2001. Successive annual reports detail The extent to which adequate air pollution the progress made in respect of each of the objec- monitoring exists throughout the country and 693 Questions— 28 October 2004. Written Answers 694 whether the technology involved is sufficiently vice is otherwise available. In those areas where modern and adequate to meet requirements, are a local authority collection service is in place, the matters for the relevant local authorities, and the determination of charges for the service is a EPA at a national level under Article 4 of the matter for the local authority itself. In areas Environmental Protection Agency Act 1992 (Air where the local authority is not involved in the Quality Assessment and Management) Regu- collection service, the determination of charges is lations 1999. The Air Quality Standards Regu- a matter for the private collectors concerned. lations 2002 specify the reference methods for the Based on returns received from local authorities sampling, analysis and measurement of concen- in respect of their 2004 adopted budgets, income trations of air pollutants. from domestic refuse charges applied by local The reporting and making available of infor- authorities themselves is estimated to amount to mation on ambient concentrations of pollutants \113 million in 2004. within the scope of the 2002 regulations is the responsibility of the EPA. In addition to its Water and Sewerage Schemes. annual monitoring report for 2002, the agency’s 379. Mr. J. Breen asked the Minister for the website, www.epa.ie/OurEnvironment/Air, pro- Environment, Heritage and Local Government if vides the public with real-time information, funding will be provided for improvement and an updated on an hourly basis, on air quality from a extension to the sewerage treatment plant in number of monitoring points around the country. Inagh, County Clare; and if he will make a state- ment on the matter. [26519/04] Housing Grants. 377. Mr. Timmins asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): Proposals for the position in relation to the essential repairs improvements to the sewerage facilities in Inagh grant which is administered by local authorities; were ranked 20th in the list of water and sewer- the works which are included and those which are age schemes submitted by Clare County Council not; and if he will make a statement on the in response to my Department’s request to local matter. [26443/04] authorities in 2003 to produce updated assess- ments of the needs for capital works in their areas Minister of State at the Department of the and to prioritise their proposals on the basis of Environment, Heritage and Local Government the assessments. The councils priorities were (Mr. N. Ahern): Under the Housing (Disabled taken into account in the framing of the water Persons and Essential Repairs Grant) Regu- services investment programme 2004-06 pub- lations 2001, a housing authority may pay a grant lished in May. Given the priority rating afforded to a person carrying out essential repairs to a to the scheme by the council, it has not been poss- house where, in the opinion of the authority, the ible to include it in the programme. However, an repairs, whilst less than those appropriate to ren- application from the council for funding for der the house fit in every respect, constitute sewerage works at this location under the ser- repairs it considers are necessary to prolong the viced land initiative is currently under examin- useful life of the house. A decision on qualifying ation in my Department and will be dealt with as works under the scheme is a matter for the local quickly as possible. authority concerned, subject to this broad frame- ´ work laid down in the regulations. 380. Mr. O Fearghaı´l asked the Minister for the Environment, Heritage and Local Govern- Waste Disposal. ment the status of Kildare County Council’s pro- posal for a new sewerage treatment system for 378. Mr. R. Bruton asked the Minister for the Rathangan; if his Department has approved the Environment, Heritage and Local Government preliminary report on the project; and if he will the revenue collected by Repak from its make a statement on the matter. [26520/04] members; the way in which this compares with his estimate of the cost per tonne to local authorities Minister for the Environment, Heritage and of collecting and disposing of waste; and his esti- Local Government (Mr. Roche): In January 2001, mate of household contributions through waste my Department approved Kildare County Coun- charges. [26485/04] cil’s application for funding for a proposed sewer- Minister for the Environment, Heritage and age scheme at Rathangan under the serviced land Local Government (Mr. Roche): Revenue gener- initiative. The council subsequently requested the ated by Repak from membership fees is primarily inclusion of the scheme as a major capital project a matter for Repak and its members. I have no in the water services investment programme function in this matter and as such it would not where it would attract a higher level of depart- be appropriate for me to comment on it. mental funding. Local authorities are obliged to collect or The proposal was ranked fourth in the list of arrange for the collection of household waste wastewater schemes submitted by Kildare County within their functional areas. However, this obli- Council in November 2003 in response to my gation does not apply in certain circumstances, Department’s request to all local authorities to including where an adequate waste collection ser- undertake fresh assessments of the needs for 695 Questions— 28 October 2004. Written Answers 696

[Mr. Roche.] local authorities to undertake fresh assessments capital works in their areas and to prioritise their of the needs for capital works in their areas and proposals on the basis of the assessments. The to prioritise their proposals on the basis of the priority lists were taken into account in the fram- assessments. The priority lists were taken into ing of the water services investment programme account in the framing of the water services 2004-06 published in May 2004. In view of the investment programme 2004-06 published in May priority afforded to the scheme by the council, it 2004. In view of the priority afforded to the has not been possible to include it in the pro- scheme by the council, it has not been possible to gramme. However, the approval of the scheme include it in the programme. under the serviced land initiative remains in place. Electronic Voting. 381. Mr. O´ Fearghaı´l asked the Minister for 384. Mr. Gregory asked the Minister for the the Environment, Heritage and Local Govern- Environment, Heritage and Local Government ment if he has received a preliminary report from the cost of the purchase, repair and storage of the Kildare County Council on the proposed Moone- electronic voting machines;. [26562/04] Timolin-Balitore sewerage scheme; if he will Minister for the Environment, Heritage and approve this scheme; and if he will make a state- Local Government (Mr. Roche): The total cost of ment on the matter. [26521/04] the electronic voting machines and ancillary vot- ing equipment is \45 million, including VAT. Minister for the Environment, Heritage and While the voting machines do not require regular Local Government (Mr. Roche): The Moone- maintenance between polls, the equipment con- Timolin-Balitore sewerage scheme has been tract negotiated with Nedap-Powervote provides approved for planning in my Department’s water for free servicing and maintenance of all voting services investment programme 2004-06. The pre- equipment until the end of 2007. liminary report for the scheme submitted by Regarding storage of the voting equipment, Kildare County Council is under examination in returns received in my Department from 25 of my Department and will be dealt with as quickly the 28 Da´il returning officers indicate that annual as possible. storage costs, including rental, insurance and 382. Mr. O´ Fearghaı´l asked the Minister for other costs, in respect of the electronic voting the Environment, Heritage and Local Govern- equipment amount to \546,000. In some cases ment if he has received proposals for an extension however, this includes dedicated election office to the Athy sewerage treatment plant; if he will space in addition to equipment storage. approve the proposal; and the likely timescale that he envisages for completion of the pro- Building Refurbishment. ject. [26522/04] 385. Mr. Penrose asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and the position on the proposal emanating form Local Government (Mr. Roche): My Department Westmeath County Council to upgrade and refur- has received no proposals from Kildare County bish a building (details supplied); and if he will Council in relation to the Athy sewage treatment make a statement on the matter. [26563/04] plant. Neither were such proposals included in the list of schemes submitted by Kildare County Minister of State at the Department of the Council in November 2003 in response to my Environment, Heritage and Local Government Department’s request to all local authorities to (Mr. N. Ahern): In July 2004, my Department undertake fresh assessments of the needs for approved Westmeath County Council’s proposals capital works in their areas and to prioritise their to seek tenders for a pilot phase of remedial proposals on the basis of the assessments. The works at Ennell Court, Mullingar. It is under- priority lists were taken into account in the fram- stood that the council intend to invite tenders for ing of the water services investment programme this scheme in November, 2004. 2004-06 published in May 2004. Water and Sewerage Schemes. 383. Mr. O´ Fearghaı´l asked the Minister for the Environment, Heritage and Local Govern- 386. Mr. Penrose asked the Minister for the ment if he has received a proposal from Kildare Environment, Heritage and Local Government County Council to provide a sewerage scheme for the position in relation to the provision of the the village of Milltown; and if he will make a new sewerage scheme for Castletown-Geoghan statement on the matter. [26523/04] and its hinterlands; and if he will make a state- ment on the matter. [26564/04] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): Proposals for a Local Government (Mr. Roche): Some 12 vil- sewerage scheme to serve Milltown were ranked lages, including Castetown-Geoghegan, have seventh in the list of wastewater schemes submit- been selected by the national rural water moni- ted by Kildare County Council in November 2003 toring committee as locations for a pilot pro- in response to my Department’s request to all gramme to test a range of new, small-scale waste 697 Questions— 28 October 2004. Written Answers 698 water collection and treatment systems. I under- authorities from development levies in each year stand that tenders for the contract that includes since 1997; and his best estimate of the increase Castletown-Geoghegan and five other locations in the rate of contribution as a result of the adop- are under consideration by Meath County Coun- tion in March 2004 of the regime of development cil, acting as procurement authority, and that they contributions. [26581/04] will be dealt with as quickly as possible. Minister for the Environment, Heritage and Local Government (Mr. Roche): My Department Development Contributions. collects statistics on the payment of development contributions on an annual basis. The following 387. Mr. R. Bruton asked the Minister for the table sets out the development contributions col- Environment, Heritage and Local Government lected by planning authorities between 1997 and his estimate of the total revenue raised by local 2002.

Year 1997 1998 1999 2000 2001 2002 1997-2002

Development Contributions (\ million) 57.813 66.326 87.172 110.380 121.976 150.995 594.662

The amount of development contributions col- Water and Sewerage Schemes. lected in 2003 is currently being compiled and will 389. Mr. Naughten asked the Minister for the be available shortly. In addition to any increase Environment, Heritage and Local Government, in the contribution rate charged by local auth- further to Question No. 549 of 23 March 2004, orities, the total income generated reflects the sig- the position regarding an application for funding nificant rise in construction activity during this to upgrade a water supply (details supplied) in period, for example, housing output increased County Roscommon; and if he will make a state- from 38,842 in 1997 to 57,695 in 2002. ment on the matter. [26641/04] My Department does not have estimates of any changes in the amount accruing to local auth- Minister for the Environment, Heritage and orities arising from the adoption in March 2004 Local Government (Mr. Roche): The Arigna of the new regime, due to the lead-in time regional water supply scheme is included in my between the grant of planning permission for a Department’s water services investment pro- development and the start of construction. It gramme 2004-06 as a scheme to commence con- should be noted that, in a number of cases, the struction in 2005. Roscommon County Council’s local elected members who adopted the develop- design review report for this and a number of ment contribution scheme introduced lower other schemes that are being advanced as a gro- charges than those applying under the previous uped project will be further considered by my system. It is likely that the full impact of new Department on receipt of additional information development contribution schemes will not be requested from the council last month. measurable until 2006-07. Property Management. Planning Issues. 390. Dr. Upton asked the Minister for the 388. Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government he will investigate a street (details supplied) in the concerns of the Irish Rural Dwellers Associ- Dublin 8 where only one dwelling is now regis- tered as a private rented dwelling on this street; ation regarding planning here (details supplied); the options that are available to residents on the and if he will make a statement on the matter. street to ensure that landlords manage their [26594/04] houses properly; and if he will make a statement Minister for the Environment, Heritage and on the matter. [26642/04] Local Government (Mr. Roche): An Bord Minister of State at the Department of the Pleana´la is a body established by statute under Environment, Heritage and Local Government the Planning and Development Act 2000 which (Mr. N. Ahern): Landlords are obliged to register operates completely independently in performing their tenancies with the Private Residential Ten- its functions. Members are appointed on the basis ancies Board under the Residential Tenancies of nominations from 37 bodies. An Bord Pleana´la Act 2004 and have until 1 December 2004 to is required to make an independent determi- register tenancies in existence at 1 September nation of appeals on planning authorities’ 2004. The board has responsibility for pursuing decisions. In dealing with an appeal, the board compliance with the registration requirement. A must consider all submissions on the file, together wide range of action to promote registration is with the inspector’s report and recommendation. being undertaken including information, publicity The board reaches its own conclusion in each and direct contact with landlords. Unregistered case, in accordance with the proper planning and accommodation will also come to attention where sustainable development of the area. The board tenants refer disputes to the board. A double fee must also have regard to ministerial policy and will apply to late registrations and conviction for guidelines, including the recently published draft an offence relating to registration requirements, sustainable rural housing guidelines. will carry a fine of up to \3,000 or imprisonment 699 Questions— 28 October 2004. Written Answers 700

[Mr. N. Ahern.] In regard to removing electors from the regis- for a term not exceeding six months or both, ter in the course of its preparation, authorities are along with a daily fine, of up to \250 for continu- required under a ministerial instruction issued ing non-compliance. under section 18 of the Electoral Act 1992 to send The Residential Tenancies Act 2004 prescribes a notice to a person, whose name it is proposed various obligations of landlords and tenants, to omit from the draft register, indicating that including an obligation on landlords to enforce they have failed to establish that the person is still tenants’ obligations where a person, such as a resident at the address and, unless evidence to the neighbour, would be adversely affected by a fail- contrary is provided within ten days, his or her ure to do so. Complaints regarding failure to name will be removed. comply with obligations can be referred to the After the final register comes into force, a per- Private Residential Tenancies Board under pro- son’s name can only be removed if they have visions of the Act to be commenced shortly. applied successfully for entry on the supplement Third parties affected will have a right to refer to the register as a result of a change of residence a complaint against a landlord who has failed to to a new constituency or local electoral area. In enforce a tenant’s obligations. The board can such cases, the person’s name on the register in direct the landlord to ensure that the tenants respect of his or her previous address is deleted comply with their obligations and if necessary, and he or she are registered at their new address. enforce compliance through the courts. Complaints relating to the standard or con- Departmental Priorities. dition of particular properties can be made to the 392. Mr. R. Bruton asked the Minister for the relevant local authority, Dublin City Council in Environment, Heritage and Local Government the case of the street in question. Local auth- the five measurable performance indicators which orities are responsible for enforcing the Housing he regards as target of greatest priority within his (Standards for Rented Houses) Regulations 1993, Department; the way in which this measure has including inspection of premises, notifying land- changed in each year since 1997; his views on lords of necessary improvements and, where whether confining priorities to five indicators appropriate, instituting court proceedings. The gives too partial a picture of departmental priori- regulations prescribe minimum physical stan- ties; and if he will indicate the movement over the dards of private rented accommodation, including period 1997 to 2004 of other primary indicators of maintenance of dwellings in good repair, and performance. [26719/04] require common areas, yards, forecourts and items such as walls and fences to be kept in good Minister for the Environment, Heritage and repair and clean condition. Conviction for an Local Government (Mr. Roche): In my Depart- offence in relation to accommodation standards ment’s statements of strategy 1998-2001, 2001-04 carries a fine of up to \3,000 and up to \250 for and 2003-05, key performance indicators are each day of a continuing offence. identified in each of the Department’s areas of responsibility. My Department is currently pre- Electoral Register. paring a new statement of strategy which will cover the period 2005-07. Progress in imple- 391. Mr. English asked the Minister for the menting the statement of strategy is set out annu- Environment, Heritage and Local Government ally in the Department’s annual report. Copies of the steps which have been taken to prevent per- the annual reports for 1998 to 2002 are available sons, political parties, third parties, any other in the Oireachtas Library. The annual report for local authority or the Office of the Revenue Col- 2003 will be published shortly. lectors from deleting names from the register of electors; and if he will make a statement on the Housing Grants. matter. [26685/04] 393. Mr. Timmins asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): It is in the the position in relation to the essential repairs interests of the democratic process that the regis- grant which is administered by local authorities ter of electors details as accurately as possible (details supplied); the works which are included those persons who are entitled to vote at elec- and those which are not; and if he will make a tions. Moreover, additions to and deletions from statement on the matter. [26740/04] the register should be made in an open and fully transparent manner. Under electoral law, any Minister of State at the Department of the person may claim to have a correction made to Environment, Heritage and Local Government the draft register of electors following publication (Mr. N. Ahern): The administration of the shared on 1 November. The claim must be made to the ownership scheme is a matter for individual local registration authority by 25 November and it may authorities. Authorities must assess each appli- include, in particular, a claim to have the name cation under the scheme on its merits and must of a person added or deleted. Such claims are have regard, inter alia, to the ability of applicants ruled on, in public, by the appropriate county to manage the mortgage and rental commitments registrar and interested parties must be given arising from a shared ownership transaction. It notice of the time and location of the proposed should normally be possible for this criterion to hearing. An appeal may be made in the Circuit be satisfied by a range of different employment Court in relation to a decision of a county tenures. registrar.