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Dáil Éireann debate -
Thursday, 3 Jun 2004

Vol. 587 No. 1

Adjournment Debate.

Schools Building Projects.

Charleville national school in Tullamore is one of the oldest primary schools in the country at approximately 200 years old. The idea for a new school was mooted about 15 years ago. I acknowledge that the purchase of a site has been completed, something which I, the board of management, the parents and the students of the school strongly welcome. However, I raise the matter as I have been contacted again by the school authorities. They are concerned at the slow pace at which the project is proceeding, particularly because they worked with one architect from the Department who was extremely helpful to the school but who was taken off the project for some time to work on a project which was considered more urgent — I am not sure what is more urgent than a 200 year old school. In his absence, nothing seems to have been done.

The school was told at the beginning of the year that the project would proceed for tender short-listing and then final tender. However, the project is still at the short-list stage. The school was told in January that the tender process would be complete in five or six weeks and was told this again in the past few days. It was also given the impression that work would begin during the summer. It is now almost mid-summer and the school is concerned that nothing has happened since the completion of the site purchase, which I accept was quite recent.

Conditions in the school are archaic and appalling. This is the only Church of Ireland primary school in Tullamore, the capital town of County Offaly. The school has made the best of conditions but has put up with the situation for a long time. The staff, parents and pupils want the work done and want confirmation as to when it will begin.

I thank the Deputy for giving me the opportunity to outline the position of the Department of Education and Science in regard to the proposed new school at Charleville national school, Tullamore, County Offaly. The school has a staffing level of a principal and two mainstream assistants, and had an enrolment of 59 pupils at 30 September 2003.

Charleville national school building project is listed in section 1 of the 2004 school building programme which is published on the Department's website at www.education.ie, a website with which I am sure the Deputy is fully familiar. Projects listed in section 1, including Charleville national school, will be authorised to progress to construction during 2004. The indicative timescale in the programme for this project proceeding to tender is the second quarter of 2004. The project has already been pre-qualified and it is due to go to tender before the end of June 2004.

Tenders are sought in line with public procurement procedures and, subsequently, a tender report is prepared and examined. Assuming that the outcome of the tender process is acceptable in terms of procurement procedures and provides value for money, a construction contract will then be placed and the construction of the project will begin. The intention is that this project will be on site at the earliest possible date. I again thank the Deputy for giving me the opportunity of outlining the current position to the House.

Mental Health Services.

I thank the Minister of State for coming to the House to provide guidance on this issue. I want to know how an elderly person with a psychiatric problem in County Cavan can be dealt with in a more pro-active way. The person gets two weeks respite and stays at home for two weeks.

I have raised this matter for a simple reason. There was a message on my answering machine yesterday from a lady, in which I could hear a shrill noise in the background. When I rang back the lady was quite clear but after a few minutes the same noise started again as her elderly mother approached. I could hear what the family have to listen to 24 hours a day, seven days a week. The lady's mother needs proper treatment and care. The family want her to be treated so that she regains a measure of balance, allowing them to look after her themselves — they are not looking for full-time care, merely a better understanding of the situation.

I feel for the family because I know them well. They are a hard working family whose 79 year old father is in a wheelchair as they also try to look after their mother and daughter. I brought this issue before the House because I come across cases like this on a regular basis, where hospitals are reluctant to take people in for any length of time.

In the past the psychiatric system was abusive, with people who should never have been in the system locked up for years on end, but there must be a balance. My colleague, Deputy Neville, is chairman of the Irish Association of Suicidology, and he has pointed out many times in this House that 451 people died from suicide last year. There may be others who died in car crashes whose deaths have not been recorded as suicide. We must examine this system again because we have gone from one extreme to the other.

Having dealt with many cases in Counties Monaghan and Cavan, I know there is great anger among those who have lost loved ones and those who are dealing with people who have psychiatric problems. We can understand when a person loses a leg or has cancer but this is another illness and this family has been dealing with it for the two years since the birth of their last child.

I urge that there be more independent assessment. The family are having difficulties with the doctor in charge. There is also the difficulty that when the patient is home from respite care, there is no communication with the psychiatric services and no one calls to offer them any support or advice. At this time of plenty, with €1 billion more in the Exchequer than was expected earlier this year according to the Minister for Finance himself, mental disability is still not getting the funds it needs and anyone using or working in the service will confirm that.

Last night I spoke to another person in the same area whose 29 year old brother sits at home day after day because there is nowhere for him to go. There is a brand new centre for people with mental disability but there are no personnel to service it. The Minister of State, Deputy Callely, was in Cootehill and promised all the help in the world to open a home for the elderly with day care service but still nothing has happened. With the extra money available, there should be more consideration of this area.

I thank the Deputy for raising this matter and giving me the opportunity to outline the position concerning this issue.

The provision of health service for people living in County Cavan is a matter for the North Eastern Health Board. It would not be appropriate for me to discuss in detail the circumstances of an individual patient's case in this House. However, I can confirm that my Department has been informed by the North Eastern Health Board that the person referred to by the Deputy was admitted to the acute psychiatric unit in Cavan General Hospital last night. I also understand that arrangements are being made for the consultant in charge of her care to meet with her family tomorrow morning.

The broad thrust of admission policy in the psychiatric services is to admit to in-patient care those patients whose illnesses, on the basis of clinical judgment in each individual case, are deemed to be of such severity as to be inappropriate for community-based treatment. In any assessment of whether an individual should be admitted to hospital for in-patient care, it is normal practice to take into consideration the account given by relatives of the evolution of an individual's illness, his or her social circumstances or any other matters bearing on the advisability of in-patient as against community-based care.

An expert group on mental health policy to prepare a national policy framework for the further modernisation of the mental health services was established in 2003. It is envisaged that the expert group will examine, inter alia, models of care and treatment, and the development of psychiatric services for specialised groups. The group requested submissions from interested organisations, individuals and the general public in October 2003 and over 140 submissions were received. These submissions are now being considered by the members of the group.

The outcome of the review will assist in ensuring that services are being delivered in an appropriate, effective and cost efficient manner and will identify particular targeted areas to be addressed in future service delivery. I expect the group to report in 2005. I am glad that the case raised by the Deputy has been addressed

Hospital Services.

I am grateful for the opportunity to raise this issue. I started a campaign for an orthopaedic unit in Mayo ten years ago. As a general practitioner, I saw the terrible hardship inflicted on elderly people and children who had to make the long and hazardous journey to Galway for orthopaedic services. Breaking a hip can be a life threatening experience for an older person and many have died and will continue to die because the distance from a place like Blacksod in Mayo to the orthopaedic unit in Galway is the same as it from Dublin. How would Dubliners like to go from Dublin to Galway if they had an orthopaedic problem? They would not like it one bit.

Since 2001, a 33 bed ward with sheets on the beds and a brand new operating theatre has been lying idle in Mayo. It is a terrible situation given that the unit cost €10.5 million to build and €3.9 million has been made available since last year to run it. It was supposed to open on 1 July for elective orthopaedic work but cannot because of the Government limit on the recruitment of staff. I ask the Minister for Health and Children to confirm the go ahead the CEO of the Western Health Board was given by his Department for the recruitment of 68 staff for this unit. Does he intend to give the sanction for the issuing of employment contracts for those staff, many of whom have given notice to their previous employers due to the offer of a job from the Western Health Board?

Throughout the State, €400 million of essential medical infrastructure lies unused. This infrastructure received capital funding under the NDC but was held up because the real Minister for Health and Children, Deputy McCreevy, will not give the money needed to run it or lift the embargo on hiring staff.

In the case of Mayo orthopaedic unit, the set up process is under way and Mayo people, young and old, are waiting for orthopaedic treatment. They have not had a service since January because the four Galway surgeons pulled out then, even though they knew well the service would not start until 1 July.

Mayo is different because people already have employment contracts. A permanent orthopaedic surgeon has been hired for this special unit since 2 February. He has not had any opportunity to carry out surgery, although 1,500 people have been waiting since 2000 and have been in limbo since January because there are no elective or operative facilities for them. This is health apartheid of the highest order. If they had money they would be seen very quickly. If I send a letter to Galway it is returned and the patient joins the 1,500 people already waiting since 2000. However, if they have money they will be seen within days by the four permanent consultants. That is not right. The NDC is no good either because those people have never been seen by a consultant, even though they have been waiting since 2000.

The new orthopaedic surgeon was hired on 2 February. A locum orthopaedic surgeon was also hired to start on 1 July. That man is on his way back to India. Having signed a contract, he expected to start in Castlebar on 1 July, but there is no job. Six house officers, an orthopaedic surgeon and a registrar in orthopaedics have been hired and contracted to start work on 1 July. However, there are no jobs for them, and they cannot get another job at this stage; it is too late. A total of 86 people responded to advertisements in respect of the Mayo orthopaedic unit. They have been interviewed. They have received letters of offer from the Western Health Board subject to Garda clearance, but they have no contracts. They have already given notice to their employers and have burnt their bridges. What can they do now? They are taking legal advice.

If this unit does not open on 1 July 2004, it may never open. It will cost much more in legal claims for lost employment opportunity. It will be a black area, because nobody will touch it.

Last night the Minister said he was committed to ensuring that the new orthopaedic unit services were established at Mayo General Hospital at the earliest possible date. It makes my blood run cold when I hear the discussions between orthopaedic staff at Galway are continuing. They did not want that unit in the first place. They do not want it now. They want to absorb Mayo altogether.

The anger is palpable in Mayo. There is no hope that Fianna Fáil or the PDs will get a vote in Mayo. The people will be marching. There will be demonstrations. I have said I will lead them wherever I must because the people are fed up. They will not accept any more of this. The people who are responsible will have to pay, and they will pay dearly. The people in Mayo matter too. The 1,500 people, young and old, on the waiting list matter as well.

I make this reply on behalf of the Minister for Health and Children. It is important to address the employment control context in which the health services operate. The Government operates a policy of numbers control in the public service. The current employment ceiling for the health sector is 95,800. It is imperative for the operation of an effective employment control policy in the public sector as a whole that each sector should adhere to its ceiling.

Notwithstanding this, there has been an increase in the authorised level of employment of 27,985 in the health services between 1997 and the end of 2003, almost 41%. In the Western Health Board region the increase over the same period is 2,988 whole-time equivalents, or 43%.

Within the framework of the national ceiling applied to the health sector as a whole, each individual health board is allocated a regional employment level. The chief executive officer of each individual health board has the responsibility for the management of the workforce in his or her region, including the appropriate staffing mix and the precise grades of staff employed within that board, in line with service plan priorities, subject to overall employment levels remaining within the authorised ceiling.

I understand that employment levels in the functional area of the Western Health Board are currently in excess of its approved regional ceiling. In these circumstances the priority of the board must be to manage its overall human resources within its approved ceiling. As the Deputy is aware, funding of €3.9 million has already been provided to the Western Health Board to support the development of the new orthopaedic service at Mayo General Hospital.

Did the Department give the go-ahead for this recruitment?

The Department cannot sanction this recruitment because there is a ceiling imposed by the Department of Finance on the total numbers that can be recruited.

Did the Department tell them to go ahead and hire those people? The Minister of State knows well that the Department did give the go-ahead.

Currently one consultant orthopaedic surgeon has been recruited by the Western Health Board and took up duty on 1 February.

The Western Health Board has informed me that discussions between the orthopaedic staff in Galway and Mayo are continuing in an effort to configure the best use of the facilities at Galway and Mayo. These discussions are taking place within a framework to develop an overall integrated strategic and operational policy for orthopaedic services in the region.

The Minister of State has not answered the question.

An important part of this work will be to prioritise posts in front-line service delivery to facilitate continued progress in this area.

What is more important than those people who have been waiting since 2000? The Department gave the go-ahead. Why does it not finish what it started? Do the people on the list or the people who have been hired not matter?

Please allow the Minister to continue.

Has the Deputy referred them to the treatment purchase fund?

They have not even seen a consultant. They have been waiting since 2000.

The Western Health Board is currently in discussion with the Department regarding the commencement of orthopaedic services at Mayo General Hospital, particularly regarding the effect the additional staffing required to commence services will have on the board's current employment ceiling.

The Minister has not answered the question. It is a shame and a scandal and the Government will pay very dearly. The PDs and Fianna Fáil will not get one vote, nor do they deserve to.

Asylum Applications.

I wish to raise the case of Milton Alexandre. He is 18 years of age and he is about to sit his leaving certificate in Ireland. He seeks leave to remain in Ireland under section 63 of the Immigration Act 1999.

Milton is well integrated into Ireland. He lives in Killiney. He is receiving accommodation under direct provision. He received €19 a week from the State. I want to read a short statement from Milton:

Why I want to remain in Ireland.

I was only seven years old when my father was killed. Our house was set on fire and my mother was burned. When was 15 I was kidnapped by UNITA rebels, my brother, Nelson, aged 13 was kidnapped too. They made us wear UNITA uniforms and work for them. Now my brother is dead. My life is too painful to remember, to talk about. I have lost my family. It is very painful for me to write about it.

I am very happy to be in Ireland. I have made new friends. I like my school..... The students and teachers like me and this makes me feel happy. I am happy that I can finish my secondary education here Ireland. When UNITA kidnapped me my education finished. My teachers are very good teachers and very kind. (They)..... love the students and help them. I study many subjects and computers.

It is difficult to start a new life. I am in Ireland three years, I have a new life here now. Please do not make me leave my life in Ireland and all my Irish friends..... Ireland is a very beautiful country..... I like sport and play Gaelic.... and basketball. . . . . One day when I have money I would like to go to Croke Park.....

I can give many things to Ireland, my intelligence, my personality. I have studied.... literature in school.... I read "Lies of Silence" by Brian Moore..... I used my dictionary.... to read it. It is about war in Belfast and the IRA, like UNITA in Angola.

. . . . . I know from my English class about Seán O Casey and how Irish people suffered in Easter 1916. . . . .

For my English exam I studied "Of Mice and Men" by John Steinbeck..... George Milton, [in that book with the] same name as me..... was a good person. I studied [poetry] for my exam..... I spoke.... bad English but I said [in a debate about firearms] that firearms are bad, people get killed..... I hope you understand .....why Ireland is good for me. I want to get a good job and contribute to Ireland.

This is why it is very important for me to have refugee status and to get a work permit. I need to work, it is very important to me. Even for no money I need to work.

I have a statement here from the Centre for the Care of Survivors of Torture that Milton is receiving ongoing counselling and it is very unlikely that he would receive counselling if he were forced to return to Angola.

What we have here is a young man who would succeed in Ireland if he were given that chance. His family has been devastated. He has seen the worst of war. I could go into more detail than there is in his statement, but I do not wish to. I simply hope the Minister will look kindly upon his application for refugee status when he is in a position to put that forward. It seems wrong that somebody could come here, remake their life in Ireland, sit their leaving certificate and then be deported. I hope the Minister will realise the extremities of depravity that he and his family have witnessed and will find some way within his power to allow him to remain in this country.

I am replying on behalf of the Minister for Justice, Equality and Law Reform, Deputy McDowell.

It is important to point out that it has been the policy of successive Ministers for Justice, Equality and Law Reform not to reveal the personal details of the cases of individual applicants for asylum, given that their applications are received and treated in confidence. That, of course, does not preclude the Deputy from doing so and I am not making any suggestions in that regard because he did it, I assume, with the consent and authority of his constituent. In fact, section 19(1) of the Refugee Act 1996 places the Minister under a positive legal obligation to ensure that the identity of every asylum applicant is kept confidential. Notwithstanding the legitimate and obvious concern in this matter, the response of the Minister is general in nature.

The definition of a refugee as set out in section 2 of the Refugee Act 1996, subject to certain exceptions, is:

a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, unwilling to return to it

The task, therefore, in the case of each asylum seeker is to determine whether, following investigation, he or she is deemed to come within the terms of that definition on the basis of all the information which is gleaned.

Under the Refugee Act 1996, two independent statutory offices were established to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the Refugee Applications Commissioner and the Refugee Appeals Tribunal.

Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner. Every asylum applicant is guaranteed a right of appeal to a statutorily independent and separate body, the Refugee Appeals Tribunal. Every asylum applicant is also guaranteed access to legal assistance provided by the refugee legal service. Under the provisions of section 17(1) of the Refugee Act 1996, final decisions in respect of asylum applications are matters for the Minister for Justice, Equality and Law Reform based on the recommendation of the commissioner or the decision of the tribunal. Such a decision is made by the Minister as soon as possible following receipt of the relevant papers from the commissioner or the tribunal, as appropriate.

I regret I am unable to assist the Deputy further.

The Dáil adjourned at 5.10 p.m. until 2.30 p.m. on Tuesday, 15 June 2004.
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