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Seanad Éireann debate -
Wednesday, 14 Dec 2022

Vol. 290 No. 14

Nithe i dtosach suíonna - Commencement Matters

Sporting Rights

I welcome the Minister of State, Deputy Jack Chambers, to the House and thank him for taking the first Commencement matter. I also thank Ilinca Popa in the Seanad Office for all her work in putting Commencement matters together and the Senators who showed great patience in understanding that while we had limited numbers each day, we hopefully managed to help everyone along the way.

Cuirim fáilte roimh an Aire Stáit, an Teachta Chambers. He will know from previous engagement that I tend not to read out a whole lot of stuff at Commencement matters, but because of the complexity of this issue, there are some things I want to put on the record and I will, no doubt, use all my time.

For most of the people of this country, the Good Friday Agreement changed their lives for the better, but there is a group of people who have yet to fully benefit from the agreement in letter and spirit, even though, in a quite specific manner, it relates directly to their circumstances and interests. The group to whom I refer are athletes who live in Ireland and dedicate themselves to their sporting endeavours. The clause of the agreement that specifically relates to this group is the provision that states the Irish and British Governments will exercise their power "with rigorous impartiality on behalf of all of the people in the diversity of their identities and traditions and shall be founded on the principles in full respect for, and equality of, civil, political, [economic,] social and cultural rights, of freedom from discrimination for all citizens and of parity of esteem and of just and equal treatment for the identity, ethos and aspirations of both communities." These are noble and, indeed, worthy aspirations and they form a pillar of the agreement, as does the national identity provision, which recognises the people of the North to identify themselves and be accepted as British or Irish, or both, as they may choose, and accordingly confirm that their right to hold both Irish and British citizenship is accepted by both Governments. The application of these provisions to the athletes of this country would be of immense help in ending almost 90 years of inequality and discrimination practised against them. I refer to the World Athletics 1934 political boundary rule, which actively discriminates against the athletes of this country, North and South, irrespective of their aspirations or background.

The political boundary rule, which is administered by World Athletics, divides athletics in Ireland. As a result, when Irish athletes go to European and World Championships, they can only represent the Republic of Ireland. A team from Ireland - the nation - is not permitted to compete because of the political boundary rule. It could be said, therefore, that World Athletics is discriminating against the Irish people. It is in breach of the Good Friday Agreement. It deprives Irish athletes of the honour of representing the whole of Ireland at European and World Championships and has done so for 88 years.

Let us contrast the impact of this rule on the athletes of this country with the rules governing the Olympic Games. When athletes compete in the Olympic Games, they fall under the authority of the Olympic Federation of Ireland, which represents Ireland the nation. Athletes from all of Ireland's 32 counties participate and are known as "team Ireland". For Olympians, national identity is respected whether it be nationalist or unionist. It is not a barrier or impediment to participation. At the Olympic Games in 2021, there were 31 athletes from the North across 12 sports, seven of whom competed for team GB and 24 for team Ireland. This was possible because there is no political boundary rule in place at the Olympic Games and athletes have a choice in who they represent.

Choice is crucial to athletes and nobody has the right to deprive them of this fundamental right. World Athletics is depriving athletes of the right to choose to represent Ireland or Britain. It is in breach of the Good Friday Agreement declaration in relation to respecting a person's birthright to be accepted as Irish or British, or both. Friends of Irish Athletics secured cross-party support when it made a presentation to the then Oireachtas Joint Committee on Transport, Tourism and Sport in July 2019. It also secured the support of both the Minister of State, Deputy Chambers, representing the Government, and the former Minister for Communities, Ms Deirdre Hargey, MLA, representing the North's Executive. Both are on public record as supporting a derogation of the political boundary rule to allow athletes the opportunity to choose which country they want to represent - Ireland or Britain.

This problem can be solved by World Athletics granting a derogation for the island of Ireland for the 1934 political boundary rule. A derogation for Ireland does not mean World Athletics has to change its rules. The boundary rule will still exist, but it would simply not apply to Ireland.

On 2 June 2022 and 8 December 2020, the Minister of State indicated in the Dáil that he and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Deputy Catherine Martin, were in support of attaining a derogation for the island of Ireland from the political boundary rule of World Athletics. The Minister of State has worked with the Minister for Communities, Ms Hargey, on this issue before.

I am seeking an update from the Minister of State on the derogation. I am sure the Seanad supports and would be willing to assist him in any further work that is required.

I thank Senator Ó Donnghaile for raising this matter.

I have met with representatives of the Friends of Irish Athletics, which is the group that has campaigned for a change in World Athletics policy in this area for some time. I have repeatedly indicated my view that athletes and sportspersons from all parts of Ireland should have the choice to represent Ireland at all major international competitions. This position has been conveyed in official discussions with our counterparts in Northern Ireland. It is a shared position between both jurisdictions. Regrettably, the application by World Athletics of this almost 90-year rule continues to split the athletics world in Ireland.

Unfortunately, it is also the case that this ongoing issue is affecting the pursuit and development of broader sports policy objectives for the benefit of all sports, including the great sport of athletics that has provided us all with some wonderful sporting memories over the years. However, it must be accepted that responsibility for the rule in question, including the possibility of its potential abolition, rests solely with the international federation concerned, World Athletics, which is an independent autonomous organisation. A derogation from the rule concerned would confer additional flexibility of representation on the athletes concerned. I have made my position in this regard known to World Athletics.

As a consequence of my inquiries, World Athletics has provided a number of important and notable clarifications that affirm the key roles of Athletics Ireland and their counterpart, UK Athletics, in all such membership issues. World Athletics has confirmed that, from a governance standpoint, any membership change or amendment on the territorial jurisdiction for the sport of athletics is ultimately a matter for determination by the world athletic authorities. World Athletics has in particular emphasised the relevance of its transfer-of-allegiance regulations, which govern the ability of all athletes from anywhere in the world to change their allegiance to represent a country internationally. I am arranging to forward a copy of these regulations to the Senator.

Although neither l nor my Department have any role in the establishment or application of the regulations, there are a number of important aspects that may offer scope for progress. First, the regulations set out that where an athlete has never represented a member at the international level, they are free to choose their chosen country without an application or other procedure to be followed. This provision also applies for athletes that have dual nationality. Second, where an athlete has represented a member and wishes to change their allegiance, it is the case that such athletes do need to apply for approval. Each application is assessed by a panel from the athletic authorities, which has scope to waive requirements of the rules if the facts and merits of an individual application merit such a waiver.

As the Senator is no doubt aware, this matter has been ongoing for a considerable period. The path to a resolution continues to remain elusive. The State's capacity to intervene in the matter is limited. The focus of further efforts must lie in fostering a dialogue between the parties concerned. In the interests of fostering such a dialogue, I have asked officials from Sport Ireland to liaise with Athletics Ireland. I have also asked Sport Ireland to consider the options available in the context of taking the matter further. I would be interested in hearing the Senator's perspective, specifically any new arguments he might put forward that could be marshalled in support of this case.

I share the Senator's objectives. I would like to see progress on this matter. I have reflected that directly to Seb Coe, the head of World Athletics. I want to see this matter advanced. Obviously, a direct change is out of our hands. However, we are happy to engage and work with the Senator on this issue.

Gabhaim buíochas arís leis an Aire Stáit. Tuigim go huile is go hiomlán go bhfuil sé díograiseach maidir leis an ábhar seo.

I welcome the fact that the Minister of State has reasserted his support for resolving this issue. That is really important. If Irish sport teaches us anything, it is that Ireland works best when we work together and the country works as one whether that is in terms of our boxers, Gaelic football teams, Olympians and sportspeople right across the board. What we need to continue to do, particularly as we head into the Christmas and new year period, and the change in roles within the Government, is ensure that this matter does not go off the boil. Therefore, we need to marshal the sporting organisations, the friends of Irish athletics and build upon the political unanimity that there is across these Houses in support of ensuring that this matter is resolved. At the heart of this matter is the Good Friday Agreement. It is the issue of fundamental respect for people's identities and aspirations and in so doing ultimately achieving better outcomes for Irish athletes and Irish sports going forward. We should all work diligently and hard to ensure that that is the outcome.

We will continue to focus on this matter. As I said, officials from Sport Ireland will continue to engage with their counterparts in Athletics Ireland and Sport Northern Ireland. We have had some limited discussion and correspondence with Minister Hargey when she was in her previous role. Obviously, we have a shared objective on this across the island. We will continue to engage at our level to reflect both our position and the broad cross-party consensus across the Houses on this matter to which the Senator referred. I will keep at it. We will continue to engage in order to get the governing bodies from Athletics Ireland and UK Athletics to work together to see whether there is a possibility of resolving this matter at an international level. I appreciate the Senator raising this matter today.

I thank the Minister of State for coming into the House this morning.

Aviation Industry

I welcome the Minister of State, Deputy O'Donovan.

I thank the Minister of State for being here. This matter is redundant because neither the Minister for Transport nor his Minister of State is present. I appreciate that they have schedules and business to attend to but I tabled a Commencement matter on the review of the national aviation strategy. I appreciate that the Minister of State, Deputy O'Donovan, in his previous capacity as a Minister of State at the then Department of Transport, Tourism and Sport, would have a knowledge of tourism. However, he never held a transport brief within that Department. That is a matter for another day, however.

The review of the aviation strategy is important because ours is an island nation. I appreciate that the Joint Committee on Transport and Communications, which is chaired by Deputy Kieran O'Donnell, has started a process in this regard. The review is about regional airports. It is about the need for Cork Airport and Shannon Airport to continue to qualify for funding from the regional airports programme. The review is about ensuring that the connectivity in the short-haul fleet is enhanced in order that we can continue to have an open economy.

I had hoped to have a dialogue with the Ministers from the Department of Transport, particularly because I am of the view that regional airports must be at the heart of the aviation strategy. Everything cannot go through from Dublin Airport. It will come as no surprise that I will take this opportunity promulgate the importance of Cork Airport. Because Cork Airport is Ireland's second busiest airport, it is important that it is at the heart of the national aviation strategy.

Ireland is an island nation on the western edge of Europe. We need the aviation sector. It is critical to us. We are very lucky to have Ryanair. We also have Aer Lingus, which, on foot of an admission made to me this morning at a meeting of the joint committee, has reduced its short-haul fleet due to Covid. However, as we all know, we have emerged from Covid and are in a recovery phase in aviation. With that comes the matter of sustainability in terms of aviation fuel, which is an issue that also needs to be addressed as part of our aviation review policy. It is important that we have an aviation policy that reflects the regions and that, as a result, reflects the importance of Cork and Shannon airports.

I appreciate that the Minister of State has come before the House. I could talk for my remaining four minutes, but I am not going to because, in fairness, the Minister of State does not hold a brief in the Department of Transport.

I will answer the first point the Senator raised. I am going to have the same issue with Senator Kyne. I do not disagree with Senator Buttimer.

It puts us in an invidious position because these are not the policy areas for which we have responsibility. That said, I would include Shannon in Senator Buttimer's enunciation-----

I did mention it.

On the wider point regarding Ministers coming before the House, while I do not want to be presumptuous, if there was a revision of the scheduling of ministerial engagements with Seanad Éireann after Christmas, that would be very helpful. As Senator Kyne will know from previous experience, in many instances we are being asked to give responses, through no fault of our own and no fault of the Minister responsible, on policy issues or difficulties with which we are not familiar. Maybe a schedule could be prepared so that Ministers would know a couple of weeks in advance when they are due to appear before the Seanad. In that way, some people who might feel that they will get a nose bleed if they came here would be more inclined not to say they have diary commitments that prevent them from coming to this Chamber. It has always been a pleasure for me to come in here and I have always been very warmly received.

Now I will get on with the business in hand. The Minister for Transport, Deputy Eamon Ryan, and the Minister of State at the Department of Transport, Deputy Naughton, attended the Joint Oireachtas Committee on Transport and Communications to discuss this issue last week. During that discussion they set out some of the objectives of the review of our national aviation policy and issues that will require consideration. The existing policy was first published in 2015 and its progress was reviewed twice, most recently in 2019. The development of that policy was thorough and launched in December 2012. It involved significant consultation and consideration.

Ireland's location, with no land connection to our international neighbours, serves only to highlight the importance of aviation. As such, a dynamic and forward-thinking policy is key to Ireland retaining its competitive position in the European Union. In her recent address to Dáil Éireann, the President of the European Commission, Ms Ursula von der Leyen, remarked that Ireland is a success story of the European Union and our aviation sector has played an important role in that success. Aviation is a generator of high-quality direct employment and also serves as a driver in the creation of employment in other sectors of our economy.

Our existing policy had the principal goals of enhancing Ireland's connectivity, fostering growth in enterprise and maximising the contribution of aviation to Ireland's sustainable economic growth and development. Having said that, it is evident that the world and the whole aviation sector have changed considerably in the short time since 2015, with Covid-19 emerging in early 2020. It is because of Covid-19 that work on the review of our national aviation policy was stalled, with officials in the Department of Transport instead refocusing on addressing the impact of the pandemic. Outside of Covid-19 impacts, an area that will require significant consideration is that of the environmental impacts of air connectivity. Between the introduction of our existing policy and now, there has been significant focus on climate impacts and decarbonisation of the aviation sector which will need to be reflected appropriately in any policy review.

At a European level, work is progressing on ambitious legislative proposals which will place obligations on airlines to incorporate mandated levels of sustainable aviation fuel into their supply chains and to strengthen their engagement in the emissions trading scheme, ETS. The need to secure the decarbonisation of the industry while also ensuring our connectivity is not negatively impacted is the primary challenge we face going forward. Recovery in aviation is well under way and it is time to refocus attention on the review of our national aviation policy and deliver connectivity between Ireland and the rest of the world in a more sustainable way.

Perhaps the incoming Cathaoirleach of the Seanad could follow up on the Minister of State's suggestion regarding the scheduling of ministerial appearances before the House.

The Minister of State has made a good point regarding a revision of the scheduling.

I thank him for the reply. Comprehensive work on our aviation policy is required. It is critical that we build on the success of our aviation sector to date because aviation plays such an important role for us. It enhances connectivity which leads to job creation and economic development. The Minister of State was correct in his off-script remark that Shannon and Cork airports are important. Everything cannot go through Dublin Airport and everything cannot be about Dublin. It cannot just be the hub airport; we must develop our regional airports..

The final point I would make is that the inclusion of airports like Cork in any consideration of airport funding is critical. It is within the Government's gift to support the airports at both Cork and Shannon. As we all know, money talks. It helps to build connectivity and routes, increase development and attract investment.

I thank the Minister of State for being here this morning.

As I mentioned to my good colleague from Cork, I flew from Cork Airport recently and found the experience to be really good. It is a fabulous airport which I have used on many occasions, as have an awful lot of people in the wider Munster area. It is not just a Cork thing. In saying that, I mentioned Shannon Airport, which is very close to me although the closest airport to my home is Farranfore Airport in Kerry. It also plays a very important role in the development of tourism in the south west and in enhancing connectivity from an economic point of view.

I compliment the Oireachtas Joint Committee on Transport and Communications. Often when I am locked away in my office on campus, I tune in to the proceedings of Oireachtas committees and I must say that the engagement the transport committee has had with the various stakeholders, particularly the airlines that service Ireland or those that should service Ireland more, has been very comprehensive. There are problems at a statutory level and at a governance level. Indeed, there are problems all over the place but there is also an ambition, particularly on the part of the Minister of State, Deputy Naughton, who is from the west and understands the importance of connectivity, to make sure we are not left in the situation feared by Senator Buttimer. From a Munster point of view, we have a very comprehensive network of airports, all of which have a sustainable and bright future in the context of a new, sustainable aviation policy. I will relay Senator Buttimer's remarks to the Minister of State, Deputy Naughton.

The Minister of State has made a good case to be the Minister for Transport next week, in fairness to him.

There are enough jobs being given out here this morning-----

Departmental Funding

I thank the Cathaoirleach's office for choosing this Commencement matter. I agree with Senator Buttimer regarding the lack of availability of the line Ministers for Commencement debates in general. That said, I welcome the Minister of State, Deputy O'Donovan, who is always very amenable to coming before this House. Any time I have raised issues related to his area of responsibility, he has been here.

It goes without saying that the rape crisis centres nationwide do invaluable work. They are hugely important and while we all wish there was no need for them, unfortunately there is such a need and there will be in future as well. Galway Rape Crisis Centre is the second largest rape crisis centre in the country. At present it has a waiting list of 86 people and it has requested extra funding from Tusla. That funding is needed both to enhance services and to maintain the current level of services being provided. The centre provides extra clinical hours on Tuesday, Wednesday and Thursday evenings, with counsellors working until 9 p.m. Since November 2020, the centre has run a Saturday clinic, with two counsellors seeing clients, but without the extra funding requested, it will no longer be able to provide the Saturday clinic or the extra midweek counselling hours that have been provided throughout the year.

On the current waiting list, there are 23 adolescents and two adolescent supporters. The centre covers the geographical area of Galway city and county, north Clare, south Mayo and Roscommon but anybody who has experienced sexual trauma or abuse can present to the rape crisis centre. There are two universities in Galway, the National University of Ireland at Galway, NUIG and the Atlantic Technological University, ATU, which are attended by thousands of people from the region and from across the country. In effect, Galway Rape Crisis Centre is seeing people from every corner of this country. Obviously, clients from the universities add significantly to the workload and waiting times at the centre.

From January to October of this year, the Galway Rape Crisis Centre offered 4,375 counselling appointments. It offered 4,727 such appointments in the whole of 2021. From January to October 2021, it offered 3,687 counselling appointments which means that in the same period in 2022, the centre offered an extra 688 appointments. Despite this, the centre still has a significant waiting list. It is possible that such figures are replicated in other parts of the country. Clearly the need is there and the invaluable work the rape crisis centres do is evident. The waiting list is a statistic in its own right. The Galway Rape Crisis Centre also plays an invaluable role in the city's two universities.

The additional funding that is required is pivotal to the future of Galway Rape Crisis Centre. Without it, the centre will have to turn to the public and engage in fundraising. While fundraising is an important source of income, the cost-of-living crisis is putting pressure on households and limiting people's ability to give generously to the most worthy of causes, including the rape crisis centres. I am hoping the Minister of State, on behalf of the Minister for Justice, will provide additional funding to allow the centre to maintain and enhance its existing service provision in order to provide the support that is so needed by women and men across Galway city and county and the wider area.

I thank Senator Kyne for raising such an important issue. The statistics he raises are quite shocking. They are also quite enlightening and make us all sit up and pay attention to the scale of the problem the Senator has raised. On behalf of the Minister for Children, Equality, Disability, Integration and Youth, I fully acknowledge the vital work undertaken by Galway Rape Crisis Centre, by all rape crisis centres and by anybody who works with victims of sexual violence. The service that the centre provides to victims of domestic and sexual violence is recognised and appreciated, as is the service provided by all of our NGO partners who work with and advocate for victims and survivors of domestic, sexual and gender-based violence. I would like to start by thanking them for the work they do.

We know that the demands on services have increased over the past two years, as the Senator has outlined, and we know that costs have risen. This is not just true for Galway Rape Crisis Centre, but for most of the front-line service providers we engage with. As the Senator mentioned, Zero Tolerance, the new national strategy to combat domestic, sexual and gender-based violence, was launched earlier this year. It is an ambitious five-year programme of reform, a whole-of-society plan of action. Implementation is a whole-of-government priority, backed up by a substantial funding commitment under budget 2023.

The total allocated to Tusla for funding domestic, sexual and gender-based violence services is now at €37 million, representing an extra €9 million, or a 22% increase, in funding for 2023. This record allocation is representative of our commitment to continue working with our NGO partners to deliver on commitments made in the third national strategy. The extra €9 million provided includes increased funding of €6.8 million for organisations funded by Tusla, which is being made available through a targeted funding call. Some €6.8 million will be used to maintain existing services, to address existing acute demands and costs and for the enhancement and development of new services. There will be an emphasis on supporting projects to address geographic need, on those with additional vulnerabilities or complex needs, and on supports for young people who have experienced sexual violence. Senator Kyne referred to the two universities in Galway, which was an appropriate comment to make in that context. Some €900,000 will be specifically made available for sexual violence services to meet the needs of younger people and to address geographical gaps in provision.

I fully appreciate that security of funding is of key importance to front-line service providers. We are looking to offer multiannual funding commitments to the NGOs. This will promote more sustainable service delivery and planning to cover areas such as court accompaniment, accompaniment to Garda interviews and to sexual assault treatment units, emotional support, counselling and referral to other services. The introduction of standardised multiannual funding structures is something we will be examining under the strategy.

Separate to the funding of domestic, sexual and gender-based violence services, the Department of Justice has allocated €6.1 million for other measures to tackle domestic, sexual and gender-based violence, including through awareness-raising campaigns and funding for perpetrator programmes. The Department of Justice has allocated a further €5.8 million to promote and assist the development of specific support services for victims of crime within the criminal justice system, including victims of domestic and sexual crime. These services provide important information and supports including emotional support, accompaniment to Garda interviews, to sexual assault treatment units and to court, as well as referral to other services.

On behalf of the Minister, Deputy O'Gorman, I assure the Senator that we will continue to work closely with the sector as we progress the implementation of the third national strategy and realise the actions aimed at combating all forms of domestic, sexual and gender-based violence and at ensuring that victims and survivors have the full range of supports they need. I will bring the specific issues the Senator has raised with regard to Galway to the attention of the Ministers, Deputies O'Gorman and Humphreys.

I thank the Minister of State for the comprehensive response on behalf of the Department. Certainly when I was putting down this Commencement matter I knew that the functions were split between Tusla, which is under the Department of the Minister, Deputy O'Gorman, and the Department of Justice. That creates a little bit of confusion. The Minister of State highlighted the delivery of the rape crisis centres covering areas such as court accompaniment, accompaniment to Garda interviews and to sexual assault treatment units, emotional support, counselling and referral to other services. There is a very hands-on approach that the rape crisis centres provide for victims of rape and sexual assault. It is extremely important work of support for victims. That is what this funding is about, to ensure the supports are continuously provided over the course of this year and into the future. I would welcome engagement from the Minister of State and will certainly follow up with the Ministers, Deputies O'Gorman and Humphreys on support for Galway Rape Crisis Centre.

I will refer the Senator's comments to both Ministers concerned.

Without being in any way disrespectful to the issues he and others have raised here, I wish to raise the more fundamental issue of how he as a Senator is able to engage with the line Minister who has responsibility for policy. I do not disagree with anything the Senator has raised here but I am sure there are other moving parts within the Department that I am not aware of in this context. A suggestion I have made to Senator Buttimer already this morning is that the House might look at some sort of scheduling mechanism in order for it to be of value to Senators to raise matters on behalf of their constituents or policy-related matters. I am thinking of a provision whereby if a Minister gets advance notice of maybe a week or ten days, they or someone from their Department must be made available to the Seanad on that day. If there were five or six people who wanted to raise different issues in a fixed period to that Minister on that day, almost like a live mic or Question Time, it would be far more beneficial than having somebody like myself giving a scripted answer without the policy knowledge needed for a comprehensive level of engagement. As Senator Kyne has been in this position, I know he understands the point. I would not suggest anything to the Upper House as to how it should run its affairs. I have always enjoyed my engagement here. It is far more productive than the Dáil, to be quite honest. I have had many a good sword-fight with Senator Higgins. I think something needs to change in this regard. It is not fair to the scale of the problems individuals are raising, and nor is it fair to the Government Departments that want to get a message out.

I thank the Minister of State for that advice and for coming in this morning.

Mother and Baby Homes

I welcome the Minister of State, Deputy Rabbitte, to the House again.

As the Minister of State will be aware, a new planning application was recently lodged for an apartment scheme on the former Bessborough mother and baby home site in Cork city. This application is one of a number of live planning applications for developments across this estate. This recently lodged application for a 92-unit scheme was lodged by the same developer who had previously been refused planning permission from An Bord Pleanála following an oral hearing in 2021. The refusal at that time was because the board was not satisfied that the site was not previously used as and does not contain a children's burial ground and considered that there were reasonable concerns in respect of the potential for a children's burial ground within the site associated with the former use of the lands as a mother and baby home from 1922 to 1998.

The Cork Survivors and Supporters Alliance, CSSA, led objections to the previous proposal and has suggested that no development permission should be granted until the areas marked out in historic maps as children's burial sites have been under public ownership and have been managed as a public cemetery. Senator Ruane and I agree. This has not yet occurred. While this application relates to separate parts of the site, the CSSA has concerns about the fact that there seems to be a potential dispersal of human remains throughout the Bessborough site. It emerged in the 2021 An Bord Pleanála oral hearing that topsoil from the land had also been disturbed. The site in question partially surrounds an enclosure that surrounds a folly and a graveyard. This creates particular vulnerabilities around that site. The developer has claimed that there is no basis to suggest the proposed development site contains a burial ground, despite the fact that the commission of investigation concluded that it is highly likely that burials took place on the grounds of Bessborough.

The Minister will be aware of the mortality rates in Bessborough. They are shocking, even when compared to the mortality rates in other mother and baby homes across the country. A huge percentage of children in care there died. We know of 923 children who are understood to have died in care of Bessborough, even though only 64 burial records have been located. This means there are at least 859 children whose burial places were not recorded.

The commission of investigation referred to the highly likely fact that those burials took place within the grounds of Bessborough. The commission has also said the only way this could be established is by a systematic excavation of the property. The Minister, however, has advised that there are no plans to establish an office of authorised intervention in respect of an excavation, as is planned in the case of Tuam, due to the difficulty in identifying the specific burial places of children. This decision has caused a great deal of disappointment and hurt for survivors and relatives, who believed, in good faith, that the Institutional Burials Act 2022 would have brought closure and justice.

I must express disappointment because during the process of the scrutiny and passing of this Act, our group tabled several amendments specifically concerning Bessborough to ensure it would be covered. We were told those amendments were not necessary, yet after the Act was passed we were told that, in fact, Bessborough would not be covered or included. The Minister of State will be aware that we have a Bill on the Order Paper now to amend the criteria in respect of burial grounds and the Institutional Burials Act to ensure situations such as Bessborough would be covered. The crucial issue is what actions the Government and the Minister plan to undertake. He previously intervened in making observations on planning applications, but we are concerned about what methods exist to ensure that the rights of those affected are reflected and that we do not see inappropriate development on this site.

I thank the Senator for raising this matter. I am taking this on behalf of the Minister, Deputy O'Gorman. We are conscious that the uncertainty regarding the burial place of many children who were resident at the former mother and baby institution in Bessborough is difficult for the families concerned. The investigation of burial arrangements in mother and baby institutions, including Bessborough, was an important part of the work of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters.

Regarding Bessborough, the commission concluded it is likely that some of the children who died at the institution are buried in the grounds but, despite extensive investigation, it was unable to find any physical or documentary evidence of this. The Government's response to the legacy of these institutions is set out in the Action Plan for Survivors and Former Residents of Mother and Baby Home and County Home Institutions, which was published last November. Action 22 of the plan commits the Government to advancing the burials legislation to support intervention at the institutional sites where manifestly inappropriate burials have been discovered. It also commits to encouraging local authorities to provide protections within development plan processes for burials sites in their areas that may be linked to former mother and baby or county homes. I can confirm that, in line with the commitments in the action plan, the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, has written to all city and county councils requesting that development plan processes give adequate consideration to incorporating appropriate measures to ensure the protection of unrecorded burial sites associated with an institution.

The circular also notes that local authorities, acting as planning authorities, may attach conditions to potential development as appropriate in the circumstances. The Minister has also established a working group of departmental and local authority officials to consider issues at local level in relation to memorialisation, including memorialisation of known burial sites. Proposed developments in the grounds of Bessborough are a matter for the relevant planning authorities, Cork City Council in this instance. The Minister, Deputy O' Gorman, has previously emphasised that any proposed development should give adequate consideration to the views of survivors and families members and the potential need for further investigations relating to works commencing on the site.

The recent communication to local authorities from the Minister for Housing, Local Government and Heritage further emphasises this point. Should manifestly inappropriate burials be discovered at the Bessborough site, the Institutional Burials Act, which the Minister, Deputy O'Gorman, commenced in July this year, provides an underlying legislative basis for an excavation, recovery and reburial of the remains. The legislation was developed in response to the abhorrent situation at the site of the former mother and baby institution in Tuam, County Galway, where it was confirmed that the remains of children had been discovered that were interred in a manifestly inappropriate manner and the Government was advised that a full forensic-standard excavation, recovery and identification of those remains could not take place under current legislation. To avoid delays in responding to any similar situations that may arise in the future, the Institutional Burials Act is not site-specific and also allows for interventions at other sites should manifestly inappropriate burials be discovered. In the case of Bessborough, the location of burials is, sadly, unknown.

The Institutional Burials Act failed Bessborough. We talk about general provisions but we are also talking about specific sites. Bessborough was known to be one of the areas where concerns have been raised about inappropriate burials and where we have more than 800 children unaccounted for. These children are known to be dead but are unaccounted for. Choices were made in this regard. During the debate on the legislation, we were assured that Bessborough would be covered and that there was no need for amendments. In fact, we have now been told that it is not covered. This is a fact. The Act made choices and this is why we have proposed a Bill to amend the Institutional Burials Act 2022 in order that the director of authorised intervention would be empowered to engage in cases where there may not be precise burial sites identified but where inappropriate burials are highly likely to have taken place.

With respect, to simply prove this to local authorities in a general sense is not adequate. We know that if these developments are allowed to take place then the opportunity for intervention will be lost. It may well be that the burials were not systematic, because the fact that they were not recorded is a part of the disrespect in this regard. It is important, however, that there are interventions at this point. It is not adequate to simply talk about development plans in the abstract when we have a real travesty in the case of Bessborough that the State should step up to address. What formal processes has the Department in mind to tease out the complexities of Bessborough? I recognise that a range of survivors have wishes. Those who wish to see memorialisation certainly do not wish to see inappropriate development nor do those who wish to see excavation of the burial places of their relatives.

I thank the Senator. In her opening remarks, I think she said there was a live application and that this has gone in. In the remarks I delivered on behalf of the Minister, Deputy O'Gorman, he has been clear about what he has done. He has engaged with all the local authorities and made it clear to them what he has set out. Without complete and utter interference, he has been clear about what is laid out in the context of the local authorities. While this is a live application, I assume that the planner looking at it, whomever it is, will also be alert to what came into being when the Act commenced in July 2022 bears relevance to the Bessborough site, as it does to other sites as well. In fairness to the Minister, he has engaged with the local authorities. We can see as well how various other Ministers have written to the local authorities. I ask again that the officials in the local authorities read that circular and be familiar with it when they are making decisions.

Health Services Staff

I thank the Minister of State for taking this Commencement matter. Not a week goes by now without us, as public representatives, hearing about shortages of GPs and the pressures on them. This is especially acute in areas where there are high numbers of Ukrainian people in crisis accommodation. We are all very aware of the unwelcome and unsavoury agitation by far-right individuals in communities.

It makes sense that we respond to the shortages. More importantly, we must give an opportunity to Ukrainian people to be able to access Ukrainian doctors who understand the trauma they have experienced and understand what it is like to flee a war zone. It would also enable professional qualified doctors to work if they want. Work gives people purpose. It is an occupation. At the same time, we would never pressure anyone to do it given their experiences.

I am told there are approximately 400 doctors here from Ukraine. As non-EU doctors they need to pass an exam to show proficiency in medical English and they need to pass the Professional and Linguistic Assessments Board, PLAB exam. This is the clinical test that must be passed to register with the Medical Council. Normally non-EU doctors do these exams before they come to Ireland. Of course, Ukrainian doctors have not had this opportunity. It can take two years to access these exams. The Medical Council has not fully adapted to this situation and the urgency and opportunity we face. A company runs the PLAB for the Medical Council. The exams take place twice at year. I am told there is no availability until November 2023. This is not a good situation.

Meanwhile, doctors are ready and desperate to work. They want to help. They want to be part of our front line to help Ukrainian people. I call on the Minister for Health to intervene and arrange emergency PLAB exams. The doctors can study for the English exams at the same time. I am told that 10% of the doctors can speak fluent medical English while others cannot. The supports are there if we match them to people to get this proficiency. The HSE is providing materials.

There is significant goodwill to support these doctors. I commend hospitals such as St. Vincent's, which have been running observerships. They take groups of 20 Ukrainian doctors for two weeks and allow them clinical oversight to see the procedures and methods used in Irish hospitals. This is bridging the gap proactively. This is what we need to see. We need intervention. The response of the Medical Council is detached from the reality of the war. Quite simply we need Ukrainian doctors for Ukrainian people.

I thank the Senator for giving me, on behalf of the Minister for Health, the opportunity to inform the House on the progress made to date in assisting doctors arriving from Ukraine to gain registration and employment in Ireland. She has raised a valuable issue. The Department of Health has been working closely with colleagues in the six health profession regulators to examine ways to support all Ukrainian health practitioners arriving in the State. The regulators fully recognise the importance of assisting these practitioners and have been actively examining the measures that might need to be taken to support them to join their registers where possible and to gain employment in the health service.

As the Senator will be aware, the Medical Council is the statutory agency responsible for the registration and regulation of doctors in Ireland. It is committed to supporting doctors arriving from Ukraine seeking to work in this jurisdiction. The Medical Council has established an internal working group to examine ways in which it can support these doctors. It has met the Ukrainian ambassador to Ireland and it has a dedicated email address and web page with information for Ukrainian doctors. The HSE has also been heavily engaged in this and is working on providing employment pathways for those with health care qualifications and experience. The HSE is exploring the possibility of observer roles in clinical areas while doctors are awaiting full registration and is working closely with the Medical Council in this regard. To be fair, the Senator addressed this and acknowledged that it is happening.

The HSE has a web portal open to Ukrainian practitioners who wish to register their interest in working in healthcare and it communicates regularly to inform them of updates on their profession. The Department meets on a regular basis with the HSE and health regulators to exchange updates and to address any issue arising in respect of Ukrainian doctors. In the course of this work, it has become clear that medical English language training is particularly required to assist many of the applicants to meet the standards necessary for registration with the Medical Council. I am pleased to inform the House that last week the Minister for Health approved a funding package for medical English language training to assist Ukrainian doctors and dentists in gaining registration here.

The medical language training package, designed in association with the HSE, consists of a language assessment and needs analysis followed by one of three subsequent training pathways. The HSE is finalising the application and operational details and will communicate shortly with Ukrainian practitioners, in conjunction with the regulators and the Ukrainian Embassy. Further funding will be made available to support Ukrainian healthcare professionals to meet additional costs that may be associated with achieving recognition and that may be outside the control of the regulators, such as professional competence exams. These supports will ensure that practitioners will not be precluded from registering because of financial barriers. These measures, when they come on stream early next year, will significantly boost the ability of Ukrainian doctors to gain registration.

I genuinely believe there is a brilliant opportunity here for the HSE. It is taking the proper steps and measures and putting them in place. the Senator mentioned 400 clinicians to which we would have access. The health services is on its knees needing people. That needs to happen at pace. I hear what the Senator said. Some of these doctors are proficient. Let them sit the language test and give them a clear pathway to do the exams. We see from the HSE portal that accessing employment takes approximately 38 other processes. It could take another 12 months. We need to ask the Minister, and after I leave here I will ask, how we can expedite the experience we have captured in this country not only for the benefit of Irish people but for the benefit of other Ukrainians in a similar position.

I thank the Minister of State. She knows full well about some of the barriers in the HSE with connecting qualified people to positions. This is why I am raising the issue. I am aware of what is happening with language support, which is positive. We have to look at the costs. I have raised practical issues. All of this information is great. The Minister of State and I know that when it comes to the HSE it is difficult to get it to remove the practical barriers. Not having access to the PLAB exam until November 2023 is a practical barrier that could be easily removed. Emergency PLAB exams could be held in Ireland for Ukrainian doctors. This is a solution.

Ukrainian healthcare workers are not breaking through in the HSE. The posts are there. They are applying for them but they are not getting them. This is why I am raising the issue. We need a bridge between Ukrainian clinical professionals, whether they are healthcare assistants or doctors, and the positions in communities. The reply of the Minister of State is great and language supports are fantastic but the practical issues always hold us up. There reality is that there is a war. The Medical Council and the HSE need to address these issues with pace, as the Minister of State has said, and with urgency.

I absolutely agree with the Senator. There are practical issues involved. Not having a PLAB examination until November 2023 is not acceptable, to be quite honest. I will take that point with me when I leave the Chamber. I acknowledge and commend the Minister for Health, Deputy Stephen Donnelly, for ensuring that where English has been a barrier for some of the UK citizens who have arrived here, funding and space has been made available. That is welcome. However, there is a cohort of people who would be ready to hit the ground running if they were allowed the opportunity to sit that examination. It is less than a year since Ukrainians arrived in Kiltormer and there was an endocrinologist among them. Ballinasloe is just up the road and Galway is on the other side. There is a rich availability of talent that the HSE would be unable to recruit if it had three years to do so. We do not want to lose that talent. We have a dearth of talent across the board. We have a war on two fronts. There is the Ukrainian war and there is also a war to keep our health services ticking over. I will talk to the Minister about that issue. I will also write to the Medical Council of Ireland to see if the matter can be expedited. This is an exceptional circumstance that requires an exceptional intervention. There could be many winners.

May I say one more thing?

As it is among the last Commencement matters of the year, I will allow the Senator in.

I thank the Cathaoirleach. The voluntary hospital at St. Vincent's is already carrying out observerships and it would be great if the HSE could catch up.

Disability Services

I will have the Minister of State out of the Chamber before lunchtime. Cuirim fáilte roimh an Aire Stáit go dtí an Teach. She is welcome back to the House. I am seeking an update regarding the transport charge that is being levied on service users who are attending HSE day services in community healthcare organisation 1, CHO 1, which includes counties Monaghan, Cavan, Donegal, Sligo and Leitrim. As the Minister of State knows well, disability is strongly associated with poverty. People with disabilities are twice as likely to be unable to afford to heat their homes, for example. Previously, I quoted the study compiled by Indecon on behalf of the Department of Social Protection that found the cost of having a disability is estimated at between €9,482 and €11,734 extra per year, on top of everyday expenses. Households that include people with a disability have to spend more not only on daily living costs but also on transport, therapeutic equipment, medical expenses, domestic services, equipment aids and appliances, to list but a few. With the cost-of-living issues and increasing inflation, the challenges are more acute. It is serious when extra charges are levied on families of persons with a disability and it is worse when the charge is levied in one area and not in others. CHO 1 is currently the only area in the country where charges are being levied.

As I raised previously, the transport charge has been applied to service users who are attending HSE day services at a cost of €4 per trip or €20 per week in the CHO 1 area. That amounts to a total of €960 per annum for a person with a disability. I am aware of a number of families with two persons with disabilities, which means transport costs of almost €2,000 per annum, which is a huge amount of money. It would be heartbreaking if families were to lose out or suffer a reduced level of service because of these costs.

As the Minister of State knows, the charges have been levied because the routes involved are deemed to be closed routes or exclusive routes. People who are using an open route can use their free travel passes, for example on Bus Éireann services. Unfortunately, that does not apply to this particular service. The problem with the CHO 1 area is that the routes are deemed to be closed routes. The service is top class but, unfortunately, many families simply cannot afford it.

I fully accept that the HSE decision to charge is to ensure there will be a service in the first place. However, by introducing this charge to ensure that no one loses out on a service, the HSE has created an inequality in the CHO 1 area. That is unfair on the people of Monaghan, Cavan, Donegal, Sligo and Leitrim.

When the Minister of State and I previously spoke about this issue, she mentioned that she had taken over the chairmanship of the transport committee, which I had no doubt was a positive development. Knowing the Minister of State as I do, I do not doubt that she will apply a bit of common sense and joined-up thinking in respect of how to address issues such as the one we are discussing this morning. I eagerly await her response about progress on this issue.

There is nothing like a transport issue affecting healthcare and disability matters as we head into Christmas. I thank the Senator for raising this matter, which he has raised and advocated for on numerous occasions. I have been provided with a script but I am better without one for this matter.

It is the case that CHO 1 charges. That charging mechanism was introduced to ensure all people in CHO 1 could have access to services. That service is being provided but we are now facing a cost-of-living crisis. As the Senator quite rightly said, the cost to individuals is almost €1,000. That has been shown to be an inequality. In other parts of the country, we provide transport for people to attend day services without any charge. The Senator is right that I took up the chairmanship of the transport committee and met all stakeholders and Departments around the issue. We discussed ad nauseam the open routes model that has been piloted in Leitrim and which has been incredibly successful.

Officials from the Department of Health will be meeting officials from the Department of Transport in the new year to discuss the potential around expanding the open routes project to other areas, including other areas in CHO 1. Routes may move from closed routes to open routes, which will mean there will be no charge for the people who need to access services.

The Senator and I live in the real world. He knows how long that will take to get over the line. However, that is the direction of travel. There is an inequality but a fantastic model has been developed in Leitrim and it can be extended. I have met with the operators of fantastic Local Link services in CHO 1. I see how well that is working in Donegal and Sligo. The system is working very well. At the same time, some people in those areas are being charged almost €1,000 per year while people in Galway are not being charged a single euro. That is inequality and with my functions due to transfer to the Department of Children, Equality, Disability, Integration and Youth, which was approved at Cabinet yesterday, I will find it difficult to charge people with a disability to use bus services while others are not being charged. It is my ambition, working with my adviser, that from January onwards, the open route system will be expanded and services will be brought to the people of CHO 1 on the same basis that services are brought to all others.

It is also important to say that the Department of Health spends in excess of €50 million per year on transport and yet it states it spends no money on transport. Some 90% of the cost of the route in CHO 1 is being provided. Only that 10% shortfall remains. It is incumbent on the Government, the Department of Transport and the providers to respond. The HSE is the main provider. It is not as if we have other providers in CHO 1. The HSE is the provider. It is incumbent on me, as a Minister of State, to ensure funding is found in the next round of budget allocations to ensure that the service can be optimised and that the service users are fully supported, no different from those in other parts of the country. We first need to find that extra 10%. The second piece is to expand the open routes model. The Department of Transport also has a role to play. The same situation should pertain in Donegal and in Wexford. There is a considerable issue in respect of transport in Wexford. We need to ensure that all disability service users have the right and option to access services without a charge and without the fear of losing that service. The service must be regular and consistent. I look forward to working with the Senator in that regard.

I welcome the response of the Minister of State and thank her for the work she has done to try to progress this matter. The word "inequality" keeps popping up. All we are looking for is fairness and a level playing field for the people of Monaghan, Cavan, Donegal, Sligo and Leitrim. We want those people with disabilities to be treated no differently from anyone in any other part of the country. That is all we are looking for. I note that discussions are ongoing but I hope they will gather pace in January.

I am not going to put the Minister of State on the spot here; I would not do that. Is there a ballpark timeframe for the conclusion of those talks? Would I be too optimistic to say we are perhaps at the beginning of the end? I would welcome her thoughts on that.

I acknowledge the work CHO 1 has done. It ensured nobody got left behind when people were trying to stretch their money. That is why it has put in place a closed-route door-to-door service. Perhaps other CHOs might have taken the hard view that they do not provide that sort of service and left families with the burden of bringing loved ones to day services. CHO 1 has been fantastic in ensuring all people could attend the service but it has come at a cost. It is a burden of €1,000 in a cost-of-living crisis and if there are two siblings, it would be €2,000 a year. The working group I chair has finished. We had our final meeting last week. Now the matter has gone out for further observation to the various Departments. Anne Melly from the HSE and Department of Transport officials sit on that. I hope we will have a more concrete basis as to our direction of travel in early January. It will be incumbent on me to ensure funding is provided to CHO 1 in 2023's budget but in the interim I would assume, and hope, that the Department of Transport would meet me with the 10% shortfall.

Cuireadh an Seanad ar fionraí ar 11.12 a.m. agus cuireadh tús leis arís ar 11.34 a.m.
Sitting suspended at 11.12 a.m. and resumed at 11.34 a.m.
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