Adjournment Debate.

Cancer Screening Programme.

Dr. Cowley

I am grateful to the Ceann Comhairle for providing me with the opportunity to raise this very important matter.

We all agree breast cancer is a terrible killer. There is no known way to prevent it. However, it is very treatable if detected early, according to the BreastCheck website. Unfortunately, health apartheid exists here, where half the population has had a service since 2000. The death rate from cancer can be cut by 20% to 30% by breast screening women aged 50 to 64. This has happened in Northern Ireland where between 1994 and 2000 the breast cancer rate fell by 20%. The same has happened in Scotland, the USA and all over Europe except for the south and west of Ireland. I have been spearheading a campaign for the national extension of BreastCheck for some years now.

Some 700 women die from breast cancer every year. About 100 need not have died, but did, in the south and west. The figure is at least 65, but due to the 30% factor, it is more than that — because of the negligence of Government to extend BreastCheck nationally. Based on those figures more than 300 women will die before BreastCheck is extended to the south and west. It is a national scandal. Today in the newspaper, Professor Michael Kerin, who previously directed the BreastCheck service, but who now works at University College Hospital, Galway, says that one in five women with cancer on the east coast have had mastectomies — he previously worked at the Mater hospital in Dublin. However one in every two women in the west has a mastectomy, and that is a disgrace.

In my maiden speech in the Dáil in 2002 I spoke of the need for BreastCheck. In February 2003 I arranged for the BreastCheck board and executive to appear before the Joint Committee on Health and Children. On 28 March 2003, together with the cancer campaigner, Ms Jane Bailey, I organised a march on the Dáil for the national extension of BreastCheck. The national extension of the programme was announced within 48 hours of the march, but we are still waiting for it. Professor Kerin is scandalised. He says the lack of a free screening service means that many women in the west have advanced disease by the time the cancer is diagnosed. The lump is much bigger. I know families where loved ones have died because of the lack of BreastCheck and it is a terrible tragedy. Exactly 296 women have died already since 2000 because of the lack of BreastCheck. Another 260 will definitely die in the south and west. It need not be like this, however. Why does the Government not do something about it?

On 11 February 2003, the Galway Clinic offered a BreastCheck service to the Government. If this offer had been accepted, 195 women who are now dead would be alive today. Their families would still have their mothers, aunts, nieces or grandmothers. The Government declined the offer because the clinic was offering a digital service, while the BreastCheck service was analogue. BreastCheck has now changed over to a digital service so there is no excuse to delay the extension of the programme.

If a drug were discovered that could save the lives of 260 women, we would all want it to be made available. However, all that is needed in this case is money. It will be 2009 before all eligible women will be screened and the cycle completed even though BreastCheck will come on stream in 2007. Surely BreastCheck can be fast-tracked to ensure that the lives of at least some women can be saved. It would even be worthwhile making use of the service offered by the Galway Clinic or using the National Treatment Purchase Fund.

In 2003, the chief executive officer of the Western Health Board, Dr. Sheila Ryan, stated it was unfair of any health board member to underestimate the Government's commitment to the BreastCheck programme. She stated she expected BreastCheck activities in the west and south to commence in mid-2005, but it is now 2006.

Minister of State at the Department of Health and Children (Mr. S. Power)

I thank Deputy Cowley for raising this matter on the Adjournment. I welcome the opportunity this afternoon to set out the current position in respect of the BreastCheck programme and, in particular, to the extension of the programme to the remaining counties in the country.

The Tánaiste and Minister for Health and Children met Professor Kerin last year in respect of the roll-out of BreastCheck and the need to commence it as soon as possible. BreastCheck has advised the Department of Health and Children that an exact date for the commencement of screening will be announced during 2006 following receipt of planning approval for the new assessment facilities required and as the staff recruitment process proceeds. BreastCheck is working to secure the earliest possible commencement of screening in 2007. Staff recruitment commenced on 18 November 2005. All the resources necessary to meet the timelines for the commencement of the roll-out have been made available.

The national breast screening programme commenced in the eastern and midland regions in February 2000. Screening is offered free of charge to women in the 50 to 64 age group in these regions. The extension to the south east commenced in 2004, following the opening of a new €5 million dedicated screening unit at St. Vincent's Hospital, Dublin. A mobile unit is now providing screening for women in Wexford. Screening commenced in Carlow recently and will be extended to County Kilkenny during this year. The expansion to the south-eastern counties will result in an additional 18,000 women being invited for screening.

Planning is under way for the roll-out of the screening programme to the remaining regions in the country. The Department's letter of determination to BreastCheck for 2006 provides for an allocation of €13.693 million. This includes revenue funding of €2.3 million to, inter alia, provide for the recruitment and training of staff to commence the national roll-out of the screening programme in 2007. An additional €200,000 is being made available for improvements in radiographer ratios in the regions covered by the current programme. Late last year, a once-off capital grant of €500,000 was made available to purchase new digital mammography machines as part of BreastCheck’s replacement programme of analogue equipment. An additional once off capital grant of €280,000 was also made available to upgrade information technology equipment.

The national roll-out of the BreastCheck programme to remaining counties is a major priority in the development of cancer services.

Dr. Cowley

Why was it not rolled out in 2000?

Mr. S. Power

The expansion of this service will ensure that all women in the relevant age group throughout the country have access to breast screening and follow-up treatment where required. A capital investment of €21 million has been earmarked for the construction and equipping of two static clinical units, one at South Infirmary, Victoria Hospital, Cork and the other at University College Hospital, Galway. This investment will also ensure that mobile units are available to screen all women in the relevant age group throughout the country.

The design process for the two new units is progressing. The applications for planning permission for both clinical units have been lodged with the relevant local authorities and decisions are expected in March. It is anticipated that the design process, including the preparation of tender documentation, will be completed by mid-2006. Following the selection of contractors, construction of the two units will commence. As I have said, BreastCheck is confident that the target date of 2007 for commencement of the roll-out will be met.

Capital funding for the facilities at Cork and Galway has been identified under the capital investment framework 2005 to 2009 and both developments will be progressed simultaneously. Funding in the region of €3 million has also been earmarked for the relocation and development of the symptomatic breast disease unit at University College Hospital, Galway. This unit will be developed in tandem with the BreastCheck development.

Since 1998, cumulative revenue funding of approximately €60 million and €12 million capital funding has been allocated to support the programme. Up until the end of December last year, the number of women screened by BreastCheck was in the region of 245,000. It is estimated that the cancer detection rate is approximately 6.7 per 1,000 screened and, to date, more than 1,639 cancers have been detected.

Dr. Cowley

If we could get it. The Galway Clinic could provide it in the meantime.

Acting Chairman

The Minister, without interruption.

Mr. S. Power

The Tánaiste and Minister for Health and Children is committed to the national expansion of BreastCheck, the national breast screening programme, and she is confident that the target date of 2007 for the expansion of BreastCheck nationally will be met.

Dr. Cowley

We live in hope but people will die in the meantime.

Transfer Orders.

Mr. Durkan

I thank the Ceann Comhairle for giving me the opportunity to raise this especially sensitive matter on the Adjournment. It has been the subject of several parliamentary questions over recent months.

This case does not involve a prospective deportation but rather a transfer from this country to Belgium. The person in question, Jeannette Fampuma, is a native of the Democratic Republic of the Congo. She was subjected to severe and inhuman treatment in her native country approximately one year ago. She was raped, beaten and subjected to every kind of degrading treatment that could be meted out and is severely traumatised as a result. She has been refused refugee status and it has been determined by the Minister for Justice, Equality and Law Reform and the Refugee Applications Commissioner that the best way forward is transfer her to Belgium.

I do not agree that this is the best course of action. Her medical and physical condition is such that she should be treated here on humanitarian grounds. This is the medical advice of her doctor. She is under the care of her sister who is a qualified nurse and has been granted residency and works here. As a humanitarian, the Minister should examine her case and ensure that there is no repetition of what happened last week when four or five gardaí arrived at Ms Fampuma's sister's house looking for her while she was in hospital receiving life-saving treatment.

There are many other courses of action open to the Minister other than attempting to enforce a transfer order in such a case. This woman's life has been endangered several times in the past. She has suffered incredible pain and trauma, which she is reliving. Her doctor has said that it would be criminal to remove her from hospital at the moment. I ask the Minister of State, who is a compassionate and caring person, to take the initiative and ensure she is allowed to remain in the country for the duration of whatever treatment is required, that we, as a caring and compassionate country with a good reputation, are seen to take this initiative without fear or favour, and that nobody else approaches her until she has regained full health.

Mr. S. Power

I thank Deputy Durkan for raising this matter on the Adjournment. I am replying on behalf of the Minister for Justice, Equality and Law Reform. I refer the House to the replies that the Minister gave to Questions Nos. 149, 181 and 249 on Thursday, 26 January 2006, Thursday, 9 February 2006 and Thursday, 16 February 2006, respectively, in respect of this case.

As this case comes under the provisions of the Dublin II Regulation (Council Regulation) (EC) No. 343/2003, I should briefly explain the workings of the regulation. This is intended to prevent the phenomenon of so-called asylum shopping across Europe and sets out criteria for determining which member state is responsible for examining an asylum application. At the same time it guarantees applicants that one State will process their application, thereby preventing the creation of "refugees in orbit", a situation which had pertained in Europe prior to the introduction in 1995 of its predecessor, the Dublin Convention. Under the Dublin II Regulation, the Office of the Refugee Applications Commissioner, ORAC, can, on the basis of the relevant criteria, request another state to accept responsibility for an asylum application and have it processed in that other state.

The person concerned arrived in Ireland on 14 October 2005 and claimed asylum. Following investigation, it was determined by the Office of the Refugee Applications Commissioner that, pursuant to the provisions of the Dublin II Regulation, Belgium was the appropriate state to process her application as she had already made an earlier asylum claim there on 4 April 2005. She appealed this to the Office of the Refugee Appeals Tribunal but the original determination to transfer was upheld. She was kept informed of developments throughout the course of her asylum application in Ireland and was made aware from the outset of the consequences of her case coming under the terms of the Dublin II Regulation. The applicant was informed in writing that it was open to her to make written representations to the commissioner before a determination was made on the possibility that her case might be examined under the Dublin II Regulation. Chapter 4 of the information leaflet for applicants for refugee status in Ireland refers. No representations were received.

Mr. Durkan

That is incorrect.

Mr. S. Power

I will follow up the matter on the basis of what the Deputy has said. However, I am replying on behalf of the Minister.

Belgium accepted responsibility for the case on 2 December 2005, and a transfer order was signed on 11 January 2006 requiring the person concerned to return to Belgium. The order issued to her on 16 January 2006, requiring her to present herself to the Garda National Immigration Bureau, GNIB, on Monday, 23 January 2006. She presented, as required, and was requested to present again on 26 January 2006, to make final arrangements for her flight to Belgium which had been booked for the following day, Friday, 27 January. However, she failed to present as required and is now classified as having evaded her transfer. The Belgian authorities have been notified and an extension of time of up to 18 months to effect the transfer has been sought in accordance with Article 19.4 of the regulation.

In the meantime, her legal representative, the Refugee Legal Service, RLS, has been in correspondence with the Dublin II transfer unit of the Department of Justice, Equality and Law Reform stating its client is in hospital and has submitted medical reports setting out the nature of her illness and the care she is receiving. The Minister is not disputing the medical reports presented by the RLS, but medical reasons alone are not criteria under the regulation for processing her asylum claim in Ireland.

The Minister wishes me to repeat again that this person's transfer will be dealt with in a sympathetic and humane way and her medical needs will be made known, in advance, to the Belgian authorities. If necessary, medical escorts to accompany her on her transfer flight will be provided. The Minister is satisfied the Belgian health and social services are well capable of dealing with her medical needs.

Belgium, and not Ireland, is responsible for examining the asylum application of the person concerned. Indeed, it is for the Belgian authorities to assess the protection needs, if any, of the person concerned. The Minister wishes to point out again that the applicant is not being removed to her home country, the Democratic Republic of Congo, but to Belgium, to have her claim considered there. Belgium, like Ireland, is a party to and thus bound by the same international obligations and human rights instruments prohibiting refoulement. The current development of a common EU asylum policy is predicated on the full and inclusive application by member states of the 1951 Geneva Convention relating to the status of refugees and its 1967 New York Protocol, thus maintaining the principle of non-refoulement. Council Regulation (EC) No. 432/2003 is based on this common policy and all regulation states are considered safe for returning third country nationals. The Minister is, therefore, satisfied that any protection needs arising in this case can be suitably dealt with by the Belgian authorities.

Having regarded these considerations and the fact that Belgium is responsible under the Council regulation for the examination of her asylum application, the transfer cannot be deemed to give rise to refoulement. Any unnecessary delay in effecting her transfer to Belgium will only deny her the opportunity of an early examination of her asylum claim and the affording of international protection to her, if required.

In summary, the person concerned made an earlier asylum application in Belgium on 4 April 2005. The Office of the Refugee Applications Commissioner has determined, and the Office of the Refugee Appeals Tribunal has upheld an appeal, that Belgium is the country responsible for processing the application and Belgium has accepted its responsibilities for the case.

Mr. Durkan

I am ashamed of the Minister for Justice, Equality and Law Reform, who would put his name to that kind of document, given that the woman is seriously ill in hospital. If he has no more care or compassion than that, I am sorry.

Mr. S. Power

The Minister indicated the woman will be treated sympathetically and humanely.

Garda Investigations.

Mr. Costello

I raised this issue previously in the House. A young man was taken into Garda custody in Store Street Garda station on 2 June. He was taken from the station unconscious to the Mater Hospital on the same day. He was in a coma for a couple of months in that hospital, never regained consciousness and died.

The Commissioner subsequently established an internal inquiry under Superintendent Oliver Hanley into the circumstances surrounding the death. Superintendent Hanley was a serving officer in Store Street Garda station for approximately 20 years prior to this date. The commissioner did not provide an independent external person to conduct the inquiry. The report of the superintendent has been produced and it has been sent to the Minister and the Director of Public Prosecutions. I received a reply from the Minister for Justice, Equality and Law Reform on 17 February to the effect that the Director of Public Prosecutions had considered the report and he did not propose to effect a prosecution in the matter.

The next step is the coroner's inquest. A preliminary hearing took place last Friday and the matter will be dealt with again on 2 March. It will be impossible to move forward on 2 March because to date the Garda and the coroner have not produced documentation in this regard. The initial Garda report has not been provided and the final report conducted by the superintendent has not been provided to the solicitor of the family. No clothing or other items belonging to the deceased have been provided. It is scandalous the family of the deceased must go to court to get the items of clothing, have them forensically examined independently and get the Garda reports. When the coroner's inquest takes place, it will not be an inquiry in its own right because it just deals with the proximate circumstances, who died, when they died and where they died.

One must examine the requirements under the law, particularly the requirements under the Constitution, which require that there would be an investigation under Articles 38 and 40 in regard to someone who died in circumstances of this nature, and under the European Convention on Human Rights, which we transposed into law in 2003. Article 2 requires that any death in State custody must be inquired into.

There has been an internal Garda inquiry, which is not in any sense a neutral investigation. There will be a coroner's inquest, the scope and functions of which are extremely limited in terms of medical grounds, and there is no information so far as to how a young man in the prime of his life should have died so suddenly after his arrest. Under the Police Act 1924, the Minister established an inquiry into the Brian Rossiter case in Clonmel. This inquiry is under way and deals with the case of a young man of 14 years who died in a Garda cell in Clonmel. I expect the Minister for Justice, Equality and Law Reform to consider the establishment of a similar type of independent investigation into all the circumstances surrounding the death of Mr. Wheelock.

Mr. S. Power

On behalf of the Minister for Justice, Equality and Law Reform, I am pleased to respond to the matters raised by the Deputy. Before doing so, however, the Minister has asked me to refer to the tragic human circumstances of this case. The late Mr. Terence Wheelock was found hanging in his cell in Store Street Garda station on 2 June 2005. He was removed to the Mater hospital where he died a little more than three months later. The Minister expresses his deepest sympathy to the Wheelock family for its loss following the death of this young man at the untimely age of 20. Ar dheis Dé go raibh a anam.

A detective superintendent from outside the relevant Garda division was appointed immediately after the incident to carry out a detailed investigation into all the circumstances surrounding the arrest, detention and removal to hospital of Mr. Wheelock. The Minister requested the Garda authorities to furnish him with a report on the matter and a copy of the investigation file was received by him on 2 February 2006. That file was also submitted to the Director of Public Prosecutions who issued instructions that no prosecution should ensue.

According to this report, Mr. Wheelock, along with three others, was arrested at approximately 12.10 p.m. on 2 June 2005 in connection with the offence of unauthorised taking of a vehicle under section 112 of the Road Traffic Acts 1964 to 1994 and conveyed to Store Street Garda station. One of the others arrested was also conveyed to that station while the other two were conveyed to Mountjoy Garda station. Upon arrival, Mr. Wheelock was processed, subjected to a search and placed in a cell in accordance with standard procedures. A firm of solicitors nominated by him was contacted on his behalf.

When checked shortly after 2 p.m., he was apparently alive and well. At approximately 2.40 p.m., however, he was found suspended by a ligature, which in turn was suspended from a permanent fixture in the cell, an alarm buzzer panel. The ligature used was the cord from the waist band of his tracksuit. He was taken down, cardio-pulmonary resuscitation was commenced and an ambulance was called. Notwithstanding these efforts, Mr. Wheelock died in the Mater hospital some three months later.

The Wheelock family, through its solicitors, declined to co-operate with the Garda investigation and to allow access to Mr. Wheelock's medical records. Consequently, the Garda report was unable to countenance specific issues that might arise therefrom. It contains, however, 61 statements from members of the Garda Síochána, prisoners held in Store Street station at the same time and other relevant persons as well as a report from the chief State pathologist, Dr. Marie Cassidy.

I understand an inquest into Mr. Wheelock's death opened on Friday, 17 February 2006 but has been adjourned until 2 March. An inquest is an independent inquiry to ascertain the cause of death and the coroner has statutory duties and powers, including the power to call witnesses, in regard to the holding of an inquest. He or she cannot consider questions of civil or criminal liability. The Minister will consider the matter further when the inquest has been completed and a verdict returned. At this stage, however, he is not disposed to make any further comment on this case.

Every death arising from injuries occurring in Garda custody is a serious matter and I assure Deputies that it is taken seriously by the Minister for Justice, Equality and Law Reform. There has not been a satisfactory and standardised mechanism in the past for dealing with issues of this type but the Minister has taken steps to address this. In future, the new Garda ombudsman commission will be obliged, under section 102(2) of the Garda Síochána Act 2005, to ensure there is an investigation into any matter that appears to indicate to it that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person. Work is progressing apace on the establishment of the commission and the recent report of the Garda Síochána Act implementation review group, chaired by Senator Maurice Hayes, expresses satisfaction with the transitional arrangements for the establishment of the commission. A full copy of the group's report is available on the website of the Department of Justice, Equality and Law Reform.

Water and Sewerage Schemes.

Mr. Neville

I thank the Ceann Comhairle for the opportunity to raise this important issue and the Minister of State for responding. Since I became a Member of this House in 1997, I have consistently raised the need to upgrade the sewerage scheme in Adare, County Limerick. The development of the village and community is severely restricted by the condition of the sewerage scheme which is overloaded. There are great opportunities for residential and tourist development in the village but these are being frustrated and restricted. Any investors wishing to complete developments have been advised that the sewage disposal system prevents such investment.

Adare is an extremely attractive village, perhaps the most beautiful in Ireland, but its vibrant tourism industry is being restricted. Any proposals to improve the tourist product of Adare and the opening up of further tourist attractions are being totally discouraged as promoters are advised that planning permission cannot be considered owing to the existing sewerage scheme's limitations. Proposals to extend a local hotel have been frustrated. The hotel is anxious to increase its capacity in terms of the number of bedrooms but this is being discouraged by the planning authority.

A new town development plan is being drawn up by Limerick County Council. This plan will be sensitive and will complement the image and atmosphere of the village. If carried out, it will improve the commerce of the town and enhance local service providers. It will be a much better village as a result. An improved sewerage scheme is vital in achieving these objectives.

Adare is served by a combined sewerage scheme constructed in 1914. The existing sewage treatment works were constructed in 1946 to serve a population of 600 persons. It now serves a population of 1,000, however, and discharges poorly treated sewage into the River Maigue. The sewerage works provide little treatment and they discharge almost raw sewage into the river. The fisheries board is very concerned about this and has informed Limerick County Council on numerous occasions that it could be prosecuted. The only saving factor is that the River Maigue is tidal in this area and quickly removes sewage from the discharge area.

The history of sewerage improvement works goes back 30 years. In December 1975, the existing system was surveyed and a proposal for adequate sewerage facilities was made. In October 1978, a report was prepared by the council's consulting engineers. Their report was completed in 1979, considered by a meeting of Limerick County Council in that year and subsequently sent to the Department of the Environment, Heritage and Local Government for approval in May 1979.

The council received approval for the preparation of contract documents for the scheme in early December 1981. The tenders for site investigation were submitted to the Department of the Environment, Heritage and Local Government for approval but such approval was not forthcoming. This preliminary report went out of date, regardless of all the work done, with the passage of time. In July 1986, in the meantime, land was acquired for sewage treatment works and wayleave and rights of way were obtained. In November 1992, contract documents for subsoil investigation were forwarded to the Department of the Environment, Heritage and Local Government for technical assistance and in February 1993, a certificate of planning was submitted to the Department. The plan was costed in June 1993 at £3.73 million.

In 1998, Limerick County Council informed me that it was proposed to engage consultants to revise and update the reports for re-submission to the Department of the Environment, Heritage and Local Government. I was also informed that any of the original route maps of this scheme would be considered out of date. I was informed in November 2000 that the Department of the Environment, Heritage and Local Government had given approval to progress planning of the scheme and that the council was in the process of appointing consulting engineers to update the 1978 preliminary report of the scheme, which was substantially revised in 1985. I was further informed that the revised preliminary report would be completed by 2001.

On 26 January 2005, the Minister for the Environment, Heritage and Local Government, Deputy Roche, informed me in this House that the Patrickswell-Adare sewerage scheme would commence construction in 2005. This did not happen and the Minister failed to honour his promise. On 9 March 2004, the former Minister for the Environment, Heritage and Local Government, Deputy Cullen, informed me that the Adare sewerage scheme was approved for construction under his Department's water services investment programme 2003-2005. This Minister also failed to honour his commitment.

On 3 February 2003 the Minister, Deputy Cullen, informed me in this House that Adare sewerage scheme would commence construction in 2003 and that the revised preliminary report was approved in July 2002, yet nothing happened. Following several telephone calls, I was informed by Limerick County Council today that contract documents have been in the process for 12 months and are due to be ready by Easter. If the Minister of State advises me that a sewerage scheme will be constructed in Adare this year, he will understand I might be sceptical about that. Nevertheless, I await his reply and, hopefully, his commitment to ensuring that it is done.

With regard to the provision of sewerage schemes, the Government has failed west Limerick. Adare, Patrickswell, Askeaton, Glin, Shanagolden, Foynes, Athea, Dromcollogher and Kildimo, all in urgent need of upgraded sewerage schemes, yet none has been provided.

Mr. S. Power

Having listened to the Deputy, the phrase "Oh ye of little faith . . ." from the Bible comes to mind.

Mr. Neville

I have little faith that this will happen. Would the Minister of State blame me for that?

Mr. S. Power

I am delighted to have this opportunity, on behalf of the Minister for the Environment, Heritage and Local Government, Deputy Roche, to reply to the matter raised by the Deputy.

The Department's water services investment programme 2005-07, which was published in December 2005, includes funding for more than 20 schemes throughout Limerick. Towns and villages such as Athea, Askeaton, Foynes, Glin, Shanagolden, Kilmallock, Dromcollogher, Hospital, Pallasgreen and Bruff can look forward to new or upgraded sewerage schemes.

Many areas will also benefit from improved water supplies from the major upgrade planned for the Clareville water treatment plant, improvements to the Shannon Estuary water supply scheme and extensions of the Limerick county trunk water mains. In total, almost €158 million has been allocated under the programme for water and sewerage schemes in Limerick.

With regard to Adare, the Minister, Deputy Roche, is pleased that the Adare-Patrickswell sewerage scheme is approved to commence construction in 2006 in the water services investment programme at a cost of over €9 million.

Mr. Neville

This is the fourth year in succession I have heard that.

Mr. S. Power

The two locations have been combined into a single project to avail of the economic benefits offered by the completion of the Limerick main drainage treatment plant at Bunlickey. Pumping effluent from both locations to Bunlickey will avoid the more costly option of either upgrading the existing obsolete treatment plants or constructing new replacements. It means less running costs for Limerick County Council in the long term.

Limerick County Council received approval from the Department of the Environment, Heritage and Local Government last year to appoint engineering consultants to prepare contract documents for the scheme. The Minister understands that the consultants are now working on the contract documents and that the council has received tenders for site investigations. The results of these investigations are an essential component of the contract documents on which contractors base their prices for the construction of the scheme. In addition, approval has issued to the council's proposals to procure the scheme on the basis of a conventional type contract rather than as a design-build-operate contract.

The scheme is needed to facilitate development in both areas and the Minister understands that some developers had contacted the county council with proposals they considered would help to advance the works more quickly. It would be a matter for the council, taking into account public procurement roles and value for money issues, to decide on the merits of such proposals and, if it decided to proceed with them, to submit the details to the Department for approval. The Department would not stand in the way of any approach that would help to expedite the scheme, subject to the necessary safeguards I mentioned.

The Minister, Deputy Roche, can assure the Deputy that when the council's contract documents are submitted to his Department for approval they will be given early attention. The necessary funding has been allocated for the scheme in the Department's water services investment programme and, like the Deputy, we are anxious to see work on the scheme start at the earliest possible date.

Dáil Éireann debate - Thursday, 23 Feb 2006