Dáil Éireann debate -
Tuesday, 14 Feb 2006

Vol. 614 No. 4

Adjournment Debate.

Food Labelling.

Mr. Naughten

I thank the Ceann Comhairle for the opportunity to raise this important issue. I welcome the Minister of State, Deputy Tim O'Malley, but I had hoped the Tánaiste would deal with the issue because of the damning detail disclosed in this report.

An investigation of 90 food businesses completed in 2004 by the Food Safety Authority of Ireland revealed that consumers are regularly misled on the country of origin of beef, chicken and salmon. Inspectors visited five agents, nine wholesalers, 29 food processors, 12 hotels and restaurants, 31 shops and supermarkets, two cold stores and two slaughter plants. The report highlighted passing off imported salmon as Irish and labelling "farmed" salmon as "wild", South American beef labelled and marketed as Irish, Belgian chicken labelled "Produced in Ireland" and the "use by" date on food products tampered with. In more than one fifth of shops and supermarkets information regarding loose and packaged beef did not adequately inform the consumer as required by beef labelling regulations.

The FSAI refused to publish the report, claiming that it was to carry out a more extensive report in 2005. However, no report was produced and it will now not comment on the report which was eventually disclosed through the Freedom of Information Act. Although the Departments of Agriculture and Food and Health and Children have been aware of the contents of this report for more than 12 months, nothing has happened. Consumers have rights and should be able to tell easily from the labels on food where exactly it comes from.

The report states:

Where the audit team were not in a position to verify through labelling or commercial documentation that beef being marketed as Irish, was in fact Irish, official samples were taken. Of the official samples taken 4 (14.8%) tested positive for the presence of the Zebu gene which indicated that this beef originated in South America. In each of these cases, the result was reported to the proprietor and the official agency with responsibility for supervising the premises. The official agency carried out any follow up with the premises involved. This follow up may have included audits and/or re-assessment of the traceability and recall procedures in place in these establishments to ensure the consumer was not being misled with respect to country of origin declarations.

What follow-up procedures were carried out and what was the result of those reassessments following the report of the FSAI that was brought to the attention of the official agencies? What have the Departments of Agriculture and Food, and Health and Children done since they became aware of this report? A farmer who failed to meet the law laid down on traceability tagging systems would have the full weight of the Department of Agriculture and Food and the special investigations unit on top of him. His animals would be seized, his farm would be closed and he would not be able to dispose of any animal. Deputy Connaughton has raised a similar issue regarding a farmer who could not be paid by a slaughter facility as the tags were missing from an animal. The farmer was required to go through genetic testing to prove that the animal came from his farm. We seem to have one standard for the farming community and another standard for the processing industry.

The Government has been blatantly negligent in this abuse of our food labelling and traceability systems. The report of the Food Safety Authority of Ireland into traceability and recall systems is damning and the Government has done nothing about it. Pork from the United States of America, chicken from south-east Asia, lamb from New Zealand, beef from Brazil and vegetables from Israel are all being served on restaurant tables or used in Irish processed foods and being passed off as Irish food products. That is unacceptable. Irish consumers are shopping blindfolded and are being misled as to what is going on. A chicken fillet can be imported from Asia, bread-crumbed and called an Irish product. That cannot and should not be tolerated any longer.

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

I thank the Deputy for raising the matter on the Adjournment this evening. No doubt the Deputy is referring to a document entitled, Report of the Food Safety of Authority of Ireland Audit to determine compliance with Labelling and Traceability Requirements, which was released recently to a Sunday newspaper under a freedom of information request. The document in question was an internal report of the Food Safety Authority of Ireland. It had not been published or distributed outside the authority until the freedom of information request.

Food businesses are required to manage food safety proactively. A traceability system is an essential element of a food safety management system as it provides a means by which a food company can track and trace any foodstuff that is suspect or unsafe. European Regulation 178/2002 of 28 January 2002 lays down the general principles and requirements of food law, establishes the European Food Safety Authority and lays down procedures in matters of food safety. The traceability and recall elements of this regulation, which are applicable from 1 January 2005, require food and feed business operators to have a traceability system in place.

More than two years ago, the FSAI undertook an audit to determine whether food business operators in the fish, beef and poultry industries had in place a system of product traceability and recall. The audit, which covered 90 food businesses, also examined compliance with general labelling requirements, with particular reference to country of origin declarations. The findings of the audit, which included food businesses in the service and retail sectors, indicated that traceability systems need improvement. Labelling deficiencies were also found in some instances. Each proprietor was furnished with an inspector's report, which was also made available to the official agencies whose staff were part of the audit in the vast majority of visits and who are responsible for day-to-day enforcement of labelling requirements.

Given the small scale of the 2004 audit — only 90 food businesses from a national total of more than 44,000 were visited — the FSAI decided not to publish the report. Until recently, the emphasis in food law has been on hygiene and structural arrangements. Accordingly the food inspection staff — environmental health officers, sea fishery officers and veterinary officers — concentrated on the enforcement of the hygiene and safety aspects of food law. However, the FSAI and its agencies also recognise the importance of labelling and traceability of food. For instance in 2004 in the course of routine inspections, the environmental health officers in the Health Service Executive detected and dealt with 909 infringements of regulations for the labelling and presentation of food.

There is already a strong legal framework in place in the area of food traceability and recall. Nevertheless, this will be further strengthened by regulations being drafted in my Department, in consultation with other Departments and Government agencies, which will provide for sanctions and penalties in cases where food business operators do not have proper traceability and recall systems.

The Government's commitment to inform the consumer is evidenced by the work of my colleague, the Minister for Agriculture and Food, who is developing additional legislation on the labelling and provision of information on country of origin of meat sold in restaurants and other catering outlets.

While it is important that the food labelling and traceability requirements are enforced at retail level, it is critical that such laws are enforced at the point of production, manufacture or import of food before products are further distributed in the food chain. Recognising this need, the FSAI has ensured that compliance with food labelling and traceability legislation is included in the service contracts with its official agencies.

The FSAI, together with its official agencies, has also published extensive guidance on food labelling for the benefit of both the food sector and its official agency staff. This guidance is being updated to take account of more recent developments in food law.

As part of the ongoing controls to ensure adherence to the requirements of labelling and traceability, this year the FSAI proposes to conduct a series of checks on various sectors of the food industry in conjunction with staff in its official agencies. I would like to assure the Deputy that it is intended that the results of these audits will be published. Where it is proved to be the case that there is a deliberate intention to mislead the consumer, action will be taken against the food businesses concerned. Consumers must have the confidence in Irish food business operators to produce not only safe food, but food which is properly labelled and traceable. The FSAI has informed me that it will continue to ensure that consumers' interests are protected by ensuring adequate enforcement of the regulations.

Services for People with Disabilities.

Mr. P. Power

My matter is a call for the Health Service Executive to initiate an immediate investigation into the reasons a custom built, modern, six unit facility at St. Vincent's residential centre, Lisnagry, County Limerick, at a cost of €4.25 million, has not been fully opened, to examine the reason half of the units have yet to be properly staffed over two years since the unit was completed at a cost of €4.25 million and, furthermore, to initiate appropriate, immediate steps to have the facility fully and properly staffed as a matter of urgency.

The facts surrounding this matter are frustrating and disturbing. They are frustrating because it has been impossible to get answers to the questions as to why this situation has arisen in St. Vincent's in Lisnagry, Limerick. They are disturbing because the financial planning for this unit appears to have been non-existent.

The history behind what has happened is that in January 2004, a state-of-the-art, six unit residential complex, custom built to cater for young Limerick people with moderate to severe intellectual disability, was completed at the Daughters of Charity, St. Vincent's, Lisnagry, at a cost of €4.25 million. Over two years later, 50% of that unit remains closed. Tonight, the Health Service Executive, stands indicted for failing to provide the staff and properly operate and commission this vital facility for young people in Limerick.

I want to find out exactly how this situation could have arisen and to get definite answers that this will not be allowed to continue. The children who should have been accommodated in this modern facility are tonight languishing in substandard facilities, cared for by the dedicated Daughters of Charity staff who look out the window and only yards away see a state of the art modern facility custom built to cater for their challenging needs. They ask how this could have arisen in an era of unprecedented resources. Many of the boys with challenging needs are currently accommodated in a larger nearby facility which is totally unsuited for their needs while this new, modern, custom built facility is not fully opened right beside them. This flagship project, backed by the best available expertise, is regrettably deteriorating before our eyes for want of a commitment from the HSE to properly commission, staff and finance it.

Mental institutions here have been closed because the system of care was repressive. Locked wards have no place in the treatment of persons with learning disabilities. The Daughters of Charity at St. Vincent's in Limerick have developed an effective, holistic treatment for their patients and for young people. Nurse members of the Daughters of Charity are professionally trained to administer this new holistic approach but, unfortunately, a new facility remains unopened. That raises serious questions as to the reason the development was given the go-ahead when proper funding for fully commissioning and staffing was not in place. No reasons have been given as to how this situation has arisen and no firm commitments are in place to fully open a unit which is so badly needed for young Limerick people. I hope my raising this matter will result in definite answers as to how this has arisen and a definite commitment that it will not continue.

Mr. T. O’Malley

I thank Deputy Power for raising this matter. I am pleased to have this opportunity to clarify some of the background and context in regard to the new six unit residential complex at St. Vincent's, Lisnagry, County Limerick which has been developed by the Daughters of Charity.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes the responsibility for the provision and funding of new or enhanced levels of health and personal social services.

The HSE has informed me that it is well established practice that all proposals for service development and enhancement for persons with intellectual disability must be submitted to the local consultative and development committees in the first instance. These committees consider all proposals made and in turn advise the HSE on the service priorities for each region.

The HSE states that no advance proposals in respect of this development at Lisnagry were submitted to its committees. The HSE further states that, subsequent to the developments being completed, the HSE was informed by the Daughters of Charity that the running cost of these services would require €1.75 million revenue each year.

The HSE is committed to the partnership framework of consultative and development committees outlined above, which can only progress new developments or enhancements consistent with national policy and in line with identified priorities and available funding. Currently, prioritisation is towards persons with a disability who are without a service and who urgently require a residential place.

The HSE states it will continue to work collaboratively with the consultative and development committees so as to maximise the funding options for the development at Lisnagry.

Deputy Power will be aware that as part of a multi-annual investment programme 2006-09, additional funding amounting to €51.5 million is being provided by this Government in 2006 to meet costs associated with the following elements of this programme in respect of services to persons with intellectual disability and those with autism: 255 new residential places, 85 new respite places, 535 new day places this year and the continuation of the implementation of the transfer of persons with intellectual disability or autism from psychiatric hospitals and other inappropriate placements.

In addition to the specific high profile disability services which are included in the programme outlined above, additional funding of €22.5 million is being provided to enhance the multidisciplinary support services for people with disabilities in line with the Government's commitment to build capacity within the health services to deliver on the various legislative provisions contained in the national disability strategy.

Furthermore, €12.5 million is being provided to enhance the level and range of multidisciplinary support services available to adults and children with intellectual, physical and sensory disabilities and those with autism, with a priority in 2006 of enhancing the assessment and support services for children with disabilities.

Job Losses.

Mr. Deenihan

Apart from the recent loss of 97 jobs in Glen Dimplex, Tralee — 27 jobs in 2005 and 70 in January 2006 — and 25% of the workforce of Fleet Street Travel Ireland Limited, a number of high profile companies have either closed operations or shed jobs in Kerry in recent years such as Jet Environmental, Transmould, Sara Lee, Ridgeview, Stag Cutlery, Sports Socks Company Ireland, Rosenbluth, Wilson Sports Socks, Scott's Tools, Celtic Circuits, Jetu, Alps Electric and Sheet Metal. All those companies have closed in the past few years. As a result, the industrial base in Kerry has been seriously eroded and the Minister and the IDA are doing very little to arrest this decline.

Employment opportunities in industry in the county are extremely poor at present. There is a major absence of foreign direct investment in Kerry and job creation seems almost non-existent, with many companies contracting rather than expanding their workforces.

In January 2002, there were 6,425 people on the live register in Kerry. In January 2006, at a time of so-called unprecedented national economic success, the number of people on the live register in Kerry was 6,819, a jump of almost 400 people in four years. Almost 4,000 of these people on the live register sign on in either Tralee or Listowel, both towns that have been particularly badly hit by closures in recent years. There is no full employment in Kerry.

Employment in IDA Ireland supported companies in Kerry plummeted by 25.5% between 2001 and 2003 while the national figure fell by 6.5%. From 2002 to 2004 inclusive, 335 jobs were created in IDA Ireland supported companies in Kerry. In the same years, 1,275 jobs were lost in IDA Ireland supported companies in Kerry. Some 1,275 jobs were lost in just three years.

Figures for 2005 are unavailable as of yet, but the closure of Jet Environmental, Transmould and Sara Lee resulted in the loss of 190 jobs alone. Figures released by the Small Firms Association recently show that 548 redundancies were recorded in Kerry last year, or 2.5% of the national total. In comparison with Cork, Kerry attracts a negligible share of high value added investment in sectors such as financial and international services. There has been a failure to attract a major pharmaceutical or technology firm to Kerry in recent years. In a recent Combat Poverty Agency publication entitled Mapping Poverty, it was claimed that the risk of poverty in County Kerry was 30% to 40% higher than the national level and only counties Donegal, Mayo and Longford fared worse.

The Government must promote County Kerry as a location for industry in the same way that it promotes Dublin, Cork and other centres. Surely the loss of 30% of our industrial jobs in three years deserves a more proactive approach from the Minister and the Government. I understand that IDA Ireland has organised only 13 itineraries to County Kerry in the past five years. Last year alone there were 18 itineraries to Cork.

One of the few positive developments in Kerry over the past five years is the creation of Kerry Technology Park in Tralee by Shannon Development following an investment of €10 million from the company's income sources. The park has been highly successful in attracting and growing high quality Irish companies. The park is home to 16 technology companies employing 220 people. Technology park companies such as Stockbyte, Altobridge and Freeflow have already been recognised internationally as being among the best in their sectors. Prior to the development of Kerry Technology Park, there were no software or information technology companies in Tralee. In 2005, Shannon Development also opened a new business development centre in Listowel at a cost of €1.6 million from its resources.

It is ironic that the Minister proposes to remove Shannon Development from north Kerry despite its relative success. I appeal to the Minister and the chief executive of IDA Ireland to visit County Kerry immediately to meet the Chambers of Commerce, IBEC, SIPTU, public representatives, the county manager and other interested parties to discuss their plans for rejuvenating employment opportunities in Kerry through foreign direct investment and local indigenous industry. Kerry will have to be singled out for preferential treatment and special attention, especially the towns of Tralee and Listowel, if this trend of job losses is to be arrested.

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen)

I thank the Deputy for raising these matters. I was disappointed to hear that Glen Dimplex had announced it would close its Tralee operation in April 2006 and that Fleet Street Travel Ireland Limited was to reduce its workforce in the town. I am conscious of the effect that these job losses will have on the workers involved and their families as well as the community in the surrounding area, as this is disappointing news for those who will lose their jobs as a result of the announcements. I assure the people concerned that the State agencies will give every support they can. The priority will be to find alternative employment for those involved.

Shannon Development met Dimplex Heating Systems late last year and learned it was likely that the company would close with the loss of 70 jobs. The closure was confirmed to Shannon Development on 4 January 2006. I understand the reason for the closure is the fall off in the company's traditional markets for low cost cylinder cleaners due to competition from China, and the very slow uptake of its new products in the commercial cleaning market. The company has commenced a consultation process with SIPTU and directly with staff members.

Unfortunately, Fleet Street Travel Ireland Limited has lost a key contract to one of its global competitors and is, therefore, obliged to reduce the workforce at its Tralee operation. I understand that the reduction in the workforce is being made to safeguard the remaining jobs in Tralee and the company is fully committed to ensuring this. All staff have now been informed of the situation and the company has entered into a period of consultation with its staff. The company will also continue to search for viable alternative solutions.

The role of FÁS, the State training agency, will be especially important in assisting those who are to lose their jobs. The agency has already met Glen Dimplex to discuss the closure and to inform the company of the range of its services available during company closures. The agency has also met Fleet Street Travel and a second meeting has been scheduled to finalise arrangements for the registration of the workers. The full range of FÁS services, particularly for retraining and upskilling, will be made available to the workers of both companies if they wish to avail of those services. Finding alternative employment for the workers will be a priority for the State development agencies. I assure the Deputy that IDA Ireland and Shannon Development, in addition to FÁS, will play their part in developing a way forward for both sets of workers.

Both IDA Ireland and Shannon Development are confident that the strategies and policies being pursued in Tralee, together with the ongoing commitment to regional development, will continue to bring investment and job creation to the area. There has been an increase in employment of 55 people over the past year at Kerry Technology Park in Tralee. This increase was spread across a number of companies, all of which operate in the knowledge-based business sector.

There is a diverse range of companies located in County Kerry representing a number of industry sectors such as pharmaceuticals, engineering and consumer products. The sectoral emphasis of IDA Ireland in the mid-west region is on attracting new knowledge intensive projects in information and communications technology, international services, medical technologies and life sciences.

To foster collaboration between industry and academia, IDA Ireland works closely with the local educational infrastructure, particularly the institute of technology in Tralee and the University of Limerick. Last year, eight IDA Ireland companies in the mid-west committed themselves to research and development projects worth €19 million. The agency continues to work closely with educational institutions in the region in developing the skills sets necessary to attract high value added employment to the county.

Shannon Development has approved a €1.5 million support package for two Kerry-based indigenous companies, Altobridge Limited and Freeflow. The support will lead to increased research and development activity in both companies and will generate an additional 43 jobs at Kerry Technology Park over the next five years. The support for Altobridge has also brought about substantial private equity funding.

I assure Deputy Deenihan that the State agencies will continue to work closely with each other and with the development bodies in the area, as well as with local interests, in facilitating an integrated approach to enterprise development in Tralee.

Special Educational Needs.

Ms O’Sullivan

It is hard to believe I have to raise this issue which concerns the cutting off of home tuition grants from children with autism who are also attending school. It is hard to believe a cut such as this should take place. It is a policy decision of the Department of Education and Science to cut these home tuition grants and one that should be reversed without delay. We are talking about approximately 100 children in various parts of the country who are autistic, attend school full-time and who, until a few days ago, were in receipt of a home tuition grant, the cost of which was approximately €1 million. The saving to the Exchequer from cutting the support services from these 100 children is €1 million. These children with autism who attend school were able to get four or five hours' evening tuition at home that mattered a great deal in augmenting the work being done at school.

In one case I am aware of, the child is in a class of 29 children. The other 28 children in her class do not experience the difficulties she has as a child with autism and they do not need the extra tuition at home. This support which was helping her to keep up and remain in mainstream education has been cut off. Her parents say she is regressing and will regress further.

It is inconceivable that such a mean cut could have been implemented on such a vulnerable group. These are children who can manage to stay in mainstream education if they have home tuition but without which it is not possible. In many cases they are trying to set up their own schools under the applied behavioural analysis system which is costly to run but is effective because it deals with children on a one-to-one basis. The children about whom I am talking are in mainstream schools and therefore the extra cost to the State pertained only to home tuition grants and, in most cases, a special needs assistant in the school. It is inconceivable that these grants have been cut.

When I raised this issue initially, it was as a result of my being approached by one parent. Subsequently parents from various parts of the country got in touch with me. When I tabled a parliamentary question, I was told that 100 children were affected. These are among the most vulnerable children. If children with autism get appropriate intervention at an early stage, it can make an enormous difference to their chances of integrating, of being capable of being educated and of relating to others later in life. The main difficulty they face is being able to relate to people and to respond to what is happening around them. By having home tuition for their children, the parents were able to have the extra supports. These supports made a great difference, irrespective of whether they involved a teacher giving home tuition to the children for a couple of hours in the evenings or some other kind of technological support.

The parents told me they were told to go to the special educational needs organiser to determine what could be done. Special educational needs organisers have been told the scheme is finished. When the parents rang the Department of Education and Science they were told to contact the special education council, which was effectively implementing a departmental decision to end the grants. With the stroke of a pen in Marlborough Street, or wherever the decision was made, the children of the parents lost the support that was making a great difference to their lives. It also made a great difference to their families because it is not easy to be the parent of an autistic child. It is particularly difficult considering that one of the small supports that was available was withdrawn.

The Minister of State, Deputy O'Malley, may not have direct responsibility for this issue as it is the responsibility of the Minister for Education and Science, but I urge him to raise it with her and ensure that proper consideration be given to the effect of the decision. I intend to raise this issue again with the Minister for Education and Science by way of parliamentary question. I do not intend to let the issue go until it is properly considered and examined within the Department.

The decision to cut the grants was mean. A sum of €1 million is miserly in the context of the millions of euro we hear are being wasted every day of the week. The weakest of children are affected by the decision and I am appalled that it could have been made by a Minister who gets such good press, to the effect that she is a wonderful Minister. I hope she will see sense and reverse the decision.

Mr. T. O’Malley

I am pleased to be afforded the opportunity by the Deputy to clarify the position of the Department of Education and Science on home tuition grants for pupils with autism who are attending school. The home tuition scheme is primarily intended to provide compensatory instruction for pupils who have a medical ailment that is likely to cause major disruption to their attendance at school. In this context, the Department of Education and Science provides home tuition grants in respect of pupils who cannot attend school or who are absent for a significant proportion of the school year. Children who meet these criteria will continue to qualify for home tuition.

The cases the Deputy is talking about, however, concern children who are attending school full time. While the Department sanctions home tuition in cases where children are awaiting a suitable school placement, it is considered that school-based education provision is the most appropriate intervention for all children.

Recent years have seen a major expansion in school-based provision for children with autism. Some 159 special classes for children with autism attached to special schools and mainstream schools have been created and 15 pre-school classes for children with autism have been set up. The Department of Education and Science is funding 12 autism-specific facilities that are operating on a pilot basis.

The newly established National Council for Special Education, including its team of 71 special educational needs organisers, is working across the country to ensure that new services are put in place where needed so autistic children can have access to appropriate school-based provision. With this substantial improvement in school-based services for autistic children, it is no longer considered necessary to give home tuition grants to children who are in full-time educational provision.

There are approximately 100 children with autism in full-time educational placements and they have continued to receive home tuition grants. These children are enrolled in special school or special class placements or are attending mainstream schools with additional supports, as appropriate. The Department has written to these pupils' parents confirming its intention to discontinue the practice of sanctioning home tuition grants for pupils in full-time education. This has also been communicated to the pupils' schools. These cases have been referred to the local special educational needs organisers with a view to their ensuring that each child is getting the appropriate support at school. The Department sanctioned the continuance of the home tuition grant for these pupils until 10 February to allow the special educational needs organisers time to ensure that this is the case. Each pupil's individual circumstances are being considered by the special educational needs organisers and future provision will reflect their individual needs.

I thank Deputy O'Sullivan for raising this matter and giving me the opportunity to clarify the position.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 15 February 2006.