Dáil Éireann debate -
Thursday, 3 Feb 2005

Vol. 597 No. 1

Adjournment Debate.

Postal Dispute.

Mr. Durkan

An ongoing debate is taking place within the House and throughout the country on the future of An Post and its staff. An Post has a considerable linkage system in place throughout the country which consists of a delivery service that is in touch with all aspects of society. It has post offices and sub-post offices located strategically and in such a way as to enable An Post to use its infrastructure to deliver services and facilities on an ongoing basis. Unfortunately, the postal and packaging services came unstuck and industrial action almost had to take place.

At a recent meeting of the Joint Committee on Communications, Marine and Natural Resources, it was revealed that there are very poor industrial relations between management and staff and there is no investment in improving them. Will the Minister try to ensure that postal services in the form of distribution and packaging are continued into the foreseeable future? He should take full advantage of the situation with a view to ensuring that the continuity of the postal services is agreed. Owing to time constraints, it was not possible to get answers to a series of questions put by Members at the recent committee meeting. The time between now and when the committee next meets should be put to good use given that this is an important service that has delivered to all parts of the country and has become a vital institution.

I cannot understand why the parcel service must be discontinued at a time when the demand for parcel delivery services is increasing not just in this country but throughout the world. A notion seems to have become prevalent that with new electronic systems of messaging distribution there will be no necessity in the future for the old fashioned postal services. As I told the committee meeting yesterday, certain things cannot be transmitted electronically and one of them is a parcel, despite the best efforts of modern technology. It is imperative that every effort is made to secure the existing parcel delivery service and to develop that service. At the same time, every effort must be made to retain the current network of post offices and sub-post offices throughout the country. They have given good service.

I was a Member of this House when the legislation establishing An Post was passed. It provided for the transfer of civil servants from the Civil Service to An Post. That legislation provided that the staff transferred would, in terms of remuneration and pensions, have an entitlement equal to that available to their colleagues in the Civil Service. At some stage, the lines got blurred and somebody decided that the responsibility would be transferred to the Minister for Communications, Marine and Natural Resources. However, that Minister must also have regard to the 1983 legislation.

Minister of State at the Department of Justice, Equality and Law Reform (Mr. B. Lenihan)

I am replying on behalf of the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey.

It would be useful to set out the background to the current difficulties being experienced following the decision of the board of An Post to close the company's parcels subsidiary, the special delivery service, SDS, and to reintegrate the parcels business back into the main company. There have been heavy losses in recent years at SDS. These losses amounted to €18 million over a three year period to 2003, with losses of €12 million in 2003 alone. Further heavy losses will be sustained in 2004. In these circumstances, the board of An Post, at its July meeting, decided to close SDS and to reintegrate the parcels business into the letter post division.

A total of 180 SDS jobs will be reintegrated into letter post operations and an entirely voluntary redundancy package will be introduced for an anticipated 270 job losses. The redundancy package will be funded by SDS property disposals.

It is my understanding that, following a request from ICTU, the national implementation body held a hearing to determine whether the company breached the partnership terms of Sustaining Progress in making its decision to reintegrate SDS. The national implementation body, as part of its determination, proposed that an independent facilitator be appointed to institute a process for information sharing, including financial details. Mr. Peter Cassells has been appointed as the facilitator and the process has been up and running for some time.

Following recent industrial unrest at SDS in the run-up to the planned closure and in a renewed effort to resolve the issues surrounding that closure in as fair and transparent a manner as possible, the matter will come before the Labour Court on 11 February. Critically, both sides have agreed to be bound by the court's recommendation. In the meantime, the closure of SDS has been delayed for a short period to give the court the space and time to examine carefully the issues arising, with due regard to the interests of all parties.

Turning to the wider picture in the postal services, the issues of the payment of Sustaining Progress increases to An Post employees, together with the agreement and implementation of the recovery strategy for the company, have also been referred to the Labour Court for arbitration. These issues will come to the court on 7 February.

The company has pleaded "inability to pay" Sustaining Progress increases following heavy losses amounting to €43 million in 2003. This is an ongoing matter of dispute between union and management and no easy solution presents itself in view of the critical financial state of An Post. On the recovery strategy issue, the Labour Relations Commission has been involved in exhaustive discussion with management and unions throughout 2004. Despite some progress, agreement has not been reached between the parties on all the details of a viable and effective recovery plan for the company.

It is essential that both sides continue to work together in conjunction with the State's industrial relations machinery to broker a deal that will allow the company to deliver quality services to our citizens while at the same time offering good well paid employment to its employees. I urge both parties to negotiate in partnership to achieve the necessary agreement that will enable An Post to meet the challenges facing the postal sector in the months and years ahead.

Departmental Funding.

Aengus Ó Snodaigh

I wish to raise the valid demand by the Coalition on Violence Against Women for a ring-fenced Supplementary Estimate for 2005 and a monthly annual funding package from 2006 onwards to ensure adequate financial support for front-line services for women who have survived domestic violence or sexual assault.

The current funding arrangements are short term and insecure. There is widespread, consistent and persistent underfunding of these services. The net result is that the agencies providing these services, such as Women's Aid and the network of refuges and rape crisis centres throughout the country, cannot cope at present with the increased demand due to lack of resources. The Minister is well aware of this. These agencies have been subjected to an indefensible funding freeze over the past three years, in effect three years of cutbacks. The Government has also failed to ensure that such services are available in every county, as should be the case.

I have been attempting to have this matter dealt with since December last year. The Minister for Justice, Equality and Law Reform has washed his hands of it and passed it to his party colleague, the Tánaiste and Minister for Health and Children. It appears that interdepartmental responsibility for services in this sector is being used as an excuse for inaction by the Government.

Last week, I asked the Minister for Justice, Equality and Law Reform his plans to ensure that sexual assault forensic testing is available in every county to improve the worryingly low rate of successful prosecutions and convictions in this area. It is astonishing that such a basic facility is not available after almost ten years of the Celtic tiger economy. His reply was to pass the buck to the Minister for Health and Children. Simply put, justice for victims of domestic abuse and sexual assault is not a priority with the Minister for Justice, Equality and Law Reform. His mind is elsewhere, on rounding up immigrants, setting up press councils or, indeed, wrecking the peace process.

In responding to my questions on this issue, the Minister for Health and Children passed the buck in two directions, one to the Minister of State at the Department of Justice, Equality and Law Reform who chairs the national steering committee on violence against women. The other was to the new Health Service Executive. There must be no more ducking and weaving. Women need justice and support rather than falling through the cracks of Government indifference.

The Minister is aware of the statistics. Representatives of the sector made detailed submissions on this matter in recent years, particularly before last Christmas. The consequences of the funding freeze are real. Almost one quarter of Irish women have been abused by a current or former partner and almost half of all women have experienced some form of sexual abuse in their lifetime. The Dublin Rape Crisis Centre, for example, received almost 12,000 calls in 2003. In the same year, refuges had to turn away at least 700 women and children. Women's Aid responded to nearly 13,000 calls but missed almost another 6,000 because it did not have enough staff.

It is critical that there is a public commitment from the Minister on the required funding increase prior to the introduction of the Finance Bill 2005. Even though the Bill has been published, it is not too late to amend it. What we seek is very simple. We want increased funding for this sector in 2005 of €7 million to bring the budgetary allocation to €19 million. This level of funding would maintain existing services and allow for additional provision for those women who are otherwise likely to fall through the gaps. Furthermore, we seek the provision of a ring-fenced, multi-annual funding package from 2006 to ensure that the services in question do not suffer at the whim of a Minister for Finance with an eye to the next general election who decides there are not enough votes in front-line services for women and to ladle the gravy elsewhere.

The Progressive Democrats are selling themselves to the public as a party of action and delivery. There are two Progressive Democrats Party Ministers with joint lead responsibility in this area. I seek an answer from the Tánaiste as to whether she will get this done for the women of the State.

Mr. B. Lenihan

Gabhaim buíochas don Teachta an cheist seo á phlé.

I make this reply on behalf of the Minister for Health and Children, Deputy Harney. The national steering committee on violence against women was established following the report of the task force on violence against women in 1997. As Deputy Ó Snodaigh acknowledged, it is chaired by the Minister of State at the Department of Justice, Equality and Law Reform. My Department and the Health Service Executive are represented on the national steering committee. The purpose of the steering committee is to provide, inter alia, a multi-disciplinary, multi-agency and cohesive response to the problem of violence against women and, in so doing, to progress the recommendations of the task force. The steering committee is representative of a wide range of interests concerned with violence against women.

The committee has a number of objectives which include ensuring that regional and local structures are established, developing public awareness campaigns and co-ordinating and advising on the distribution of resources among the health regions. The committee is also responsible for co-ordinating and advising on the ongoing development of policies, including those involving perpetrators, criminal justice intervention, services and supports. The Government is committed to working with all interested parties including service providers and has implemented a range of measures to reduce the incidence of domestic violence, respond to the needs of victims and perpetrators and raise public awareness about the dynamics of this type of criminal activity. The effectiveness of the measures is best demonstrated through the Government's legislative measures, Garda responses, health services, the national steering committee on violence against women, national research and perpetrator programmes.

Ireland is one of the few European countries to have specific domestic violence legislation. The Domestic Violence Act 1996 describes domestic violence as "any form of physical, sexual or psychological violence which puts the safety or welfare of a family member at risk". The legislation provides for a range of civil remedies to protect victims of domestic violence and its breach is a criminal offence. Protection is also offered through the Non-fatal Offences against the Person Act 1997 which covers many forms of assault against the person.

An assistant commissioner has been assigned specific responsibility for monitoring Garda policy on violence against women. Garda superintendents have responsibility for operations within their districts. The Garda has a proactive policy on domestic violence intervention and a nominated inspector in each division is responsible for ensuring it is implemented. The Garda domestic violence and sexual assault investigation unit is based in Harcourt Square in Dublin and was given a national role in 1997. The Garda is represented on the national steering committee as well as on each of the regional committees on violence against women. All gardaí receive training on the investigation of cases of domestic violence, rape and sexual assault. Training is provided by experienced Garda personnel assisted by other professionals such as psychologists, doctors, social workers and experts from various non-governmental organisations.

While service provision for victims comes primarily from the Department of Health and Children, the Departments of Justice, Equality and Law Reform, Education and Science, Social and Family Affairs, Community, Rural and Gaeltacht Affairs and the Environment and Local Government also respond to the issue. Funding in the health Vote has risen from approximately £3 million, €3.8 million, in 1997 to approximately €12 million in 2005. The level of funding shows the commitment of Government in addressing this important issue. The distribution of the funding is a matter for the Health Service Executive. We will continue to monitor the level of investment in services for women victims of domestic violence and work with the NGO sector to ensure there is adequate service provision to meet their needs.

On foot of its examination of the role of the health and social services, the task force recommended, at the suggestion of my Department's representative, the examination by the Department of Health and Children of the need to establish additional sexual assault units around the country. The task force also recommended that "systems be established to ensure that all necessary medical procedures are carried out in a timely, expert and sympathetic manner". It has since been agreed to establish a multi-disciplinary group to make recommendations on how to move this issue forward. The group will meet within the next two weeks and the Tánaiste has asked it to ensure it reports in time to allow any financial implications arising to be taken into account in the Estimates process this autumn.

Health and Safety Regulations.

Mr. Gogarty

I bring to the attention of the House a matter which, if not addressed, may have tragic consequences. A natural gas supply has been installed in a significant number of houses, especially in urban areas, and some of the people concerned are sitting on a time bomb. While I am not an expert on gas, I have some points to raise. Has the natural gas Bill, due to be enacted in 2004, been enacted?

Mr. B. Lenihan

I am not in a position to answer that.

Mr. Gogarty

My understanding is that the Bill which was promised for 2003 or 2004 has not been brought into effect. It is important to enact the legislation with the requisite amendments.

Mr. B. Lenihan

I will deal with the Bill in my reply.

Mr. Gogarty

My first concern involves the certification of people who install or repair gas services. The IS813 regulation requires people who install such services to have a certain certification and FÁS intermittently provides a gas installer training course for places on which there is usually a long waiting list. A safety assurance programme was established under the existing legislation by Bord Gáis in 1987 according to which gas may be supplied without mandatory inspections only to installations which meet the programme's requirements. The programme requires an installer to have demonstrated the necessary competence in safe installation by completing the relevant FÁS course or holding an equivalent qualification. A random selection of inspections is carried out over a period of time and the system is regularly audited.

My difficulty is that a promise was made in the context of the deregulation of the gas network that the new gas Bill would provide for certification. While a person installing a system is required to hold a certification, there are no penalties for an installer who does not. In nine times out of ten it is probable that a person who offers a service by dropping a card through one's door or advertising in the window of the local shop will do a competent job. However, if he or she does not apply the proper standards or lacks the proper training, there is nothing which can be done besides legal action to penalise him or her. Any legislation introduced should provide for stiff fines and penalties for anyone who installs or repairs gas equipment without having the proper qualifications.

One of the main components of a gas pipe network is what is known as "flux", which is used to solder together the pipe work. While I am not an expert on gas, I have spoken to a number of people involved in gas equipment installation. According to my sources, there are only one or two products which conform with international standards, including La-co power-flow flux, which is non-acidic and non-toxic. The difficulty with this flux is that it is harder to apply than other commonly employed fluxes. One requires a higher level of skill to use it, which is where the training comes in. If one does not have the higher level of skill, one is not able to use this proper, more expensive flux. The majority of fluxes used to solder gas pipes is corrosive, which means that over time the gas piping will corrode. If that happens, leakages will occur and, depending on where the gas is installed, that can lead to explosions. A legal action is being taken by residents in an estate in Leixlip, County Kildare, as a result of this problem.

External fittings are also an issue but the flux issue needs to be addressed in legislation. The highest international standards must apply because if only one in 200,000 gas pipes corrodes because of an acidic flux, that is one too many in terms of putting people's lives in jeopardy.

Mr. B. Lenihan

I thank the Deputy for raising the matter, the reply to which I am making on behalf of the Minister for Communications, Marine and Natural Resources. I understand the context in which the Deputy has raised this matter and I assume he is aware of the unfortunate incident in 2003 at Glendoher Close, Rathfarnham. All the members of the family involved were injured in an explosion. The family house exploded as a result of a leak of gas from a cast iron main which had fractured in the footpath outside and gas entered the house underground.

Following that incident, Bord Gáis accelerated its programme of replacement of cast iron mains. The circumstances of that incident were fully investigated at the time by the Commission for Energy Regulation. The report published by the commission recommended that Bord Gáis put in place a parallel programme of cast iron mains replacement in areas where the ground was liable to subsidence. BGE had been engaged in systematically replacing the older networks over the past 17 years. Two thirds of the older networks have been replaced with modern polyethylene pipes. Prior to the incident, it had been intended to replace the remainder of the system over a ten to 15 year period. A full audit of these mains was carried out by BGE and the replacement programme has been accelerated and is being carried out on a reducing risk basis.

During 2004, BGE developed a plan in conjunction with the CER to renew the final third of the system over the next five years. A total of 112 km of cast iron main was replaced in 2004. BGE proposes to renew approximately 200 km of cast iron main during 2005, with all remaining cast iron pipes due for renewal by end 2009. Arising from the audit of pipe work and risk analysis, the replacement programme is scheduled on a reducing risk basis whereby the highest category of risk is dealt with first and it is due to be fully completed by the end of 2009.

All the activities of distribution system operators are licensed and supervised by the Commission for Energy Regulation. This ensures that appropriate standards are implemented and adhered to, including standards for the physical durability of the system. These standards are determined by the National Standards Authority of Ireland through its gas technical standards committee. BGE is required under its licence conditions to produce a code of operations on all aspects of safe design, construction and operation of the network.

On the issue of gas safety generally, legislative proposals to ensure the safety of the public, including the regulation of natural gas installers were published for consultation last November. These proposals will give the commission responsibility to regulate and promote safety and make it illegal for a person who is not a registered gas installer to work on a natural gas fitting. While a responsibility rests also with the homeowner to ensure he or she only engages reputable qualified installers to undertake work on domestic installations, the new legislation, when enacted, will, by registering and controlling the qualifications of installers, make it easier for a member of the public to identify a qualified person. It is hoped to complete the consultation process shortly with a view to having the proposed legislation enacted before the summer.

The legislative proposals were published in November 2004 together with the CER's vision for a future safety framework. The closing date for receipt of written submissions was 7 January 2005 and a number of submissions has been received from interested parties. These submissions are being examined and discussions are taking place with a number of these parties with a view to clarifying the issues raised. Officials will meet BGE in this context later. It is hoped the proposed legislation as part of an energy miscellaneous provisions Bill will be enacted before the summer but this will be heavily dependent on availability of resources in the Attorney General's office and the Oireachtas schedule.

Rail Network.

Cecilia Keaveney

Bord Gáis's catchphrase is "Don't You Deserve the Best". People in the north west deserve the best but the Minister for Transport has not sanctioned the building of a proper rail infrastructure in this region. I am disappointed he is not present for this debate because I have raised the issue of a direct train service between Dublin and Derry at many other fora and I have been forced to raise it on the Adjournment. I hope the Minister of State, Deputy Brian Lenihan, will ensure a copy of the transcript of the debate will be conveyed to the Minister for Transport and that he will seek a meeting with him on my behalf. I raised this issue previously with the Minister of State's aunt, Senator O'Rourke, when she was Minister for Public Enterprise and I thought I received a good hearing.

This time last year there was a scare that the train service between Ballymena and Derry would be suspended. I was involved in whipping up support for retention of the service. While it has been retained, I do not know whether it will continue in the long term. Rail lines were dismantled everywhere in the 1960s whereas nowadays large amounts are being spent on new carriages and upgrading the network. It will be a scandal if a service is not provided between Dublin and Derry, even if part of the line is in another jurisdiction.

I can board a train in Derry, disembark in Belfast and board the Enterprise service to Dublin. There is no reason for the lack of a service between Dublin and Derry. Investment in Northern carriages and the upgrading of parts of the track are all that is needed to allow trains to travel quickly. It is possible to provide a direct service but there is no will to progress this issue.

I was jealous of the announcements of the carriages but I am not being greedy. I have corresponded with the Minister for Transport, the Northern Ireland Secretary of State and Jonathan Spellar, Minister for Social Development, through the British-Ireland Interparliamentary Body, and they have indicated that I am being greedy. According to them, I should be happy with the bus service between Derry and Donegal. Derry is the fourth largest city on the island. Every other city is served by buses, trains and planes and, under the national development plan, they will be served by motorways. However, a motorway is not being provided for buses in the north west so we should, at the very least, be at the top of the queue for an alternative.

I am accused of being greedy because I seek road, rail and air access but I am only seeking what every other region has had for years. I am worried about the lack of a North-South Ministerial Council and an executive to progress the matter and I am worried about the Secretary of State's response to my question at the sitting on the BIIPB on 19 October 2004. He stated:

My colleague, John Spellar, is studying the railway situation. The problem with all railways is that not enough people use them. It is a chicken and egg situation. Everybody wants to use the railways but not enough people wish to make them a viable proposition. The Belfast to Derry line goes through some of the most naturally beautiful scenic areas in Ireland and it is something we are examining until, I hope, eventually the Executive, will decide one way or the other.

If I wait for the executive to make a decision, I will be an old woman, given the current rate of progress. This is a cry of desperation on my behalf.

This is one of the most beautiful routes. I chair the tourism committee and those who take the train on that line will discover one of the most beautiful locations on the island. However, I agree it is a chicken and egg situation. I and many others would avail of a direct train service. Roads have been upgraded and improved but a train service is not available. We spent money on getting the Dublin to Belfast line done. There is no reason then, if we go for European funding, that we cannot have a Dublin to Donegal service. It is not all right to say there are alternatives. All we want is equality. It is not an unfair request.

Mr. B. Lenihan

I thank Deputy Keaveney for raising this important issue on the Adjournment. I was impressed with her eloquent plea for direct rail connection to Derry, which as she said is the fourth largest city in Ireland and one of significant sentimental importance to the people as a whole. I will certainly draw her comments to the attention of the Minister for Transport, Deputy Cullen, on whose behalf I make this reply.

The north-west region, the west Ulster region and Donegal specifically is served by a variety of public transport modes. The Minister has been informed that Bus Éireann offers several services per day from Letterkenny, timetabled to take between three hours and 40 minutes and four hours and five minutes. The company expects journey times to improve over the coming years as road improvements are completed.

The regional airline, Loganair, operates a twice-daily public service obligation air route between Dublin and Derry. The journey time is 50 minutes. Aer Arann, operating from Donegal Airport, also serves Dublin, offering a similar frequency and journey time. Deputy Keaveney referred to these rail and bus links in her contribution.

Irish Rail and Translink offer the facility to travel by rail from Derry to Dublin, changing at Belfast, with a travelling time of approximately four hours 20 minutes. I understand from the Deputy that changing at Belfast is the crux of the issue she wishes the Minister to address. The waiting time for connections to Belfast Central Station can vary, but may add as little as 17 minutes, depending on the service used, to the total journey time.

While journey times by rail are not as attractive as bus times, Irish Rail and Translink, the operator of the Northern Ireland Railway network, are working to improve journey times by rail. I understand that Translink is currently bringing into service a new fleet of diesel rail cars. With the additional capacity available as a result of the arrival of these new units, I expect Translink will examine all the options for the Derry-Belfast route and the scheduling thereon. It is Translink's decision, based on knowledge of the market and on consultation with its authorities and local interests to provide the levels and frequencies of rail services along the route that it believes are necessary and viable.

A similar set of circumstances pertains to Iarnród Éireann's operations here. It has statutory responsibility for the scheduling and timetabling of trains. It is not for the Minister of the day to direct Iarnród Éireann's day-to-day operations. The Minister of Transport has, however, asked Iarnród Éireann to look at better marketing of the rail connection between Dublin and Derry in conjunction with Translink.

I would not accuse the Deputy of greed in seeking to advance the cause of a direct Dublin-Derry train link. I wish her well in her endeavours.

The Dáil adjourned at 5.25 p.m. until 2.30 p.m. on Tuesday, 8 February 2005.