Adjournment Debate.

Nursing Home Placements.

Dr. Upton

Over the past few days a number of constituents have come to me to complain that their close family members are about to be moved to nursing homes outside the Dublin area.

A 34-year-old man, who is brain damaged and has been hospitalised for many months, is one of the cases in question. His elderly mother visits him every day in a local hospital. Not long ago she was told that he was on a waiting list for a long-term care place in Dublin. His mother thought this would have been great because she would then be able to take him home regularly. Over the past few days, however, his mother has learned that there is some debate going on in the HSE about whether he was ever on that waiting list. She was then told he would be moved to one of two care homes in County Kildare. It would take his mother, who does not own a car, much time and effort to reach either of these homes. She is understandably very upset by this development. At a case conference yesterday in a hospital in my constituency, his mother and family were apparently told that regardless of whether they consented, the patient was about to be moved to County Kildare. She is expecting him to be sent there tomorrow.

A second case involves an 82-year-old woman whose husband suffers from Alzheimer's disease. He is to be transferred to a nursing home in Kildare. I understand that this nursing home is two miles from Kildare railway station on the Athy road. My constituent, who is 75, had to walk this two miles with no footpaths to see the nursing home. This elderly woman would not be capable of making this journey on a regular basis. The family will find it impossible to visit. It is very expensive to do so. This lady is afraid that she will never see her husband alive again. I am being told about the family's unwillingness to consent to this man's removal to Kildare, but the HSE has stated that he would be moved regardless of whether they consent.

Each of these patients, for one reason or another, has a limited capacity to make decisions about his own welfare. In each of these cases, family members have been told their loved ones are going to a nursing home outside Dublin. In each case, family members would be incapable of visiting their loved ones if they are moved outside the Dublin area. Each family has been told in a variety of ways that, regardless of whether they like it, their loved ones will be moved.

Why are Dubliners in need of long-term care being moved out of the county, far from their loved ones? I understand and appreciate that there is much competition for beds in the HSE. I also understand that hospitals are not necessarily the most appropriate places for those in need of long-term care. What I cannot understand is how we can countenance dispatching people in need of long-term care far away from where their close family members live.

The second issue that arises is one of consent. What is wrong with the law that in such cases, where non-minors are incapable of giving consent, there is no obligation on doctors contemplating medical operations or procedures to obtain the consent of those who love the incapacitated ones most? My suspicion is that these two cases are merely the tip of the iceberg and that we are entering an era where, in order to cover up for chronic incapacity in the Dublin hospitals and care homes, we are exiling people from one area to another where their family members cannot visit them. Article 8 of the European Convention on Human Rights guarantees the right of every person to a private and family life and these patients are being denied that right.

I want the Minister to investigate not necessarily these two cases, but the broader issue surrounding them, that is, the movement of these people away from an area where they can be visited by their families and to take account of the need of those people to get such visits on a regular basis.

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

I am replying to this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Harney, and I thank Deputy Upton for raising it.

The issues raised are appropriate to the Health Service Executive working in conjunction with the hospital concerned. The Deputy's question centres on the movement of patients from acute hospitals to nursing care at an alternative location and on the issue of consent by families to the placement of their relatives. The Deputy will appreciate that this is a complex issue and one which requires sensitive management in all cases.

Every effort is made by the executive and individual hospitals to ensure that patients are placed in a care setting which is appropriate to their individual needs. This involves interaction both at hospital and community level and the input of a number of care disciplines, for example, clinical, nursing and allied health professionals.

Hospitals are encouraged to commence discharge planning with patients and their families as early as possible in all cases. Patients may be discharged to a range of settings. Hospitals engage extensively with patients and families to ensure that the post-hospital requirements of the individual are comprehensively assessed and that as much choice as possible is made available. It is not always possible to place a patient in a facility close to the family.

In certain circumstances, a family may be offered financial support to cover travel costs where a specialist placement may be some distance from the family home. At all times, the hospital strives to advise patients and their families and to ensure that the best solution is agreed.

The Department of Health and Children is advised by the HSE that a reply has issued to the Deputy regarding the two specific cases raised. The HSE advises that in both cases a place was offered in a nursing home but was refused. Alternative places have been identified and these are the subject of ongoing contacts between the HSE and families. Every effort will be made by the executive to accommodate the wishes of the families concerned. The HSE advises that, regarding the third case, the hospital is engaged in ongoing consultation with the family with regard to suitable placement of the patient.

Job Losses.

Mr. Boyle

I am grateful to have the opportunity to raise this issue on the Adjournment, though I am saddened by the fact that issues of this type are becoming more frequent in the Cork region and in the constituency that the Minister for Enterprise, Trade and Employment, Deputy Martin, and I represent.

The Minister of State will be aware that Pfizer made an announcement today on employment at their facilities in Ireland. Some 65 jobs are to be lost at the end of the year in the company's facility in Ringaskiddy and attempts will be made to sell as going concerns the facilities at Loughbeg, also in my constituency, and at Little Island, in the Minister of State's constituency. It is indicated that if these sales do not go ahead the 400 or so remaining jobs will be lost as a result. Given Motorola's announcement last week, this is devastating economic news for the region and demands an appropriate and speedy response in the House. For this reason I am grateful that my request for an adjournment debate has been accepted and that the Minister of State will speak on behalf of the Government.

Perhaps the Minister of State will outline the Government's prior knowledge of these events. Workers within the company were nervous in recent months that a decision of this nature would be made. With this in mind perhaps the Minister of State will reveal to the House the extent to which State agencies were aware of these issues and were working in anticipation of such a decision. The Minister of State will be aware that there will be knock-on consequences for spin-off industries in the area.

The facility in Ringaskiddy, where the 65 jobs are to be lost, is likely to be a deserted industrial site because half of the plant was given to Archer Daniels Midland, ADM, which closed in recent years. There have been three announcements of major job losses in Ringaskiddy in recent years.

In his reply will the Minister of State point out alternative jobs that have been sourced, particularly in Amgen in his own constituency? Do announcements of the type made today, and that relating to Motorola last week, mean we should consider these replacement jobs rather than additional jobs in the Cork economy?

Will the Minister of State veer from his prepared statement to indicate the extent to which decisions of this type might be made by other companies? Are State agencies doing specific things to anticipate these decisions, as I mentioned regarding Motorola in an Adjournment debate last week, and try to see that they are not made in the first instance? There are fears, in light of today's announcement, that similar announcements will be made by other companies. Will the Minister of State state the specific things the Government can do in this regard?

I accept that this decision was made based on the internal workings of the company, the international climate surrounding pharmaceutical companies and the products produced by the company. Does the Minister of State accept that it behoves all public representatives in the area to work collectively towards addressing the concerns that have resulted from today's statement and put in place a proper economic environment where decisions like this will not be made?

Mr. M. Ahern

I thank the Deputy for raising this matter on the Adjournment. My colleague the Minister for Enterprise, Trade and Employment, Deputy Martin, was in ongoing discussions with Pfizer prior to today's announcement. He met senior management at the company last Tuesday evening at its request and was fully briefed by the vice president on the company's future plans globally and in Ireland.

Following the rejection by America's Food and Drug Administration, FDA, of the company's latest cholesterol drug in December 2006, Pfizer is now implementing the outcome of a major review of production facilities worldwide. As part of this review 65 jobs are likely to be lost in the company's facilities in Ringaskiddy by the end of 2007. This is very disappointing news for the workers and their families but instead of predicting gloom and doom for Cork the workers are best served by the Government and IDA Ireland assisting Pfizer in every way possible to ensure that these 65 people get alternative employment. Pfizer understands its responsibilities in this area and it has assured the workers that every assistance will be given to them. FÁS has also been contacted to make direct contact with the workers so their needs can be met.

In addition to the 65 redundancies, the operation at Little Island, employing 180 workers, and the Loughbeg plant, employing 300 people, are to be put up for sale as going concerns over the next two years. The vice president of Pfizer pointed out that the company has successfully sold on such plants in the past. The Government's priority is to save these 480 jobs by supporting the company in its efforts to secure the sale of the plants.

I should point out that Pfizer is shedding 10,000 of its employees worldwide. However, the company's plants in Cork and Dún Laoghaire remain pivotal and Pfizer is heavily committed to Ireland, employing close to 2,300 people and accounting for a capital investment in excess of €1 billion.

The recent decision of the company to initiate a project for a new biological small scale facility in Cork, with the support of the Government, is significant and has potential. Pfizer continues to invest in its Irish facilities and is clear that Ireland remains a key manufacturing location. New technologies are changing the way drugs are being manufactured and €375 million has been invested in new technology very recently to secure the future of the company's Irish operations. Recent investments include sterile operations as well as new technology and two process development facilities. As I previously stated, the initiation of the project for a new biological small scale facility in Cork is also under way.

The Pfizer's manufacturing operations in Ireland have not been previously impacted by restructuring. The termination of the company's experimental cholesterol drug by the FDA in the USA is by far the most significant factor impacting future capacity demand in Ireland. The cumulative impact of these events has resulted in the in depth review of the company's operations in Ireland, as well as worldwide, which has concluded that the sale of the two plants as going concerns is required to bring capacity in line with future demand. The Irish plants will still be responsible for 33% of active pharmaceutical ingredient production for the global market after 2009. I understand that the company is confident that the steps that it is taking will better align its operations in Ireland with its future needs and strengthen its manufacturing base for future growth.

The traditional pharmaceutical sector is experiencing huge change worldwide. Ireland is the top location in Europe for life sciences projects and 13 of the top 15 pharmaceutical companies have operations here. They employ approximately 40,000 people, including 18,000 in the pharmaceutical sector.

Regarding investment in Cork generally, I assure the Deputy that the Government, through its agencies, is continuing to promote Cork for employment opportunities. New investment announcements in the region made over the last year include GlaxoSmithKline, Eli Lilly, Centocor and Amgen. Amgen recently announced 1,100 new jobs at its facility at Carrigtwohill, which is of particular importance, being a major global project that has chosen Cork as its development location.

The Eli Lilly project was announced as recently as last December and the Centocor facility is now built. Overall these companies will employ 1630 new people in the Cork region by 2010 and 2011. Enterprise Ireland is also actively involved in assisting its client companies to grow and expand their businesses in Cork. Last year, Enterprise Ireland made payments of almost €9 million to its client companies in County Cork. All these projects will have a significant positive effect on the economy and the people of the Cork region.

School Transport.

Ms Hoctor

I am delighted to have the opportunity to address the urgent need for a school bus for the primary school children who must travel each day from their homes in Ballina in County Tipperary to the little country national school in Boher, which is within the same parish. Táim an-bhuíoch as ucht an seans labhairt ar son tuismitheoirí daltaí na scoile. I am grateful to the Minister of State at the Department of Education and Science for attending to address this issue directly.

Ballina is a quite unique area in Munster and the 2006 census figures reveal a 64% increase in population since 2002. Oversubscription to the primary school in Ballina is such that the school at Boher, situated four miles distant, has had a major influx of new pupils. Each day, approximately 43 pupils travel from their homes in Ballina to the little country school, which is served by narrow rural roads that are not conducive to heavy traffic. Some of the children travel by private car and others have attempted to arrange a private bus service to travel the journey safely.

Boher has experienced an increase in population in its own right and thereby increased enrolment in its school. One reason is that the locals and the management of the school, much to their credit, provided an autism unit therein. It therefore attracts children from a large catchment area in addition to the large number attending on foot of oversubscription in Ballina.

It is unfair that parents are expected to transport the 43 young children beyond the two-mile limit each day at their own expense. I have already been in contact with the Department and it is aware of the problem. However, it is urgent that a response be returned as soon as possible to the parents, who have also been in communication with the Department.

In recent times, population growth has exceeded the expectations of the Department. This does not reflect negatively on the Department because unforeseen and unprecedented increases have occurred in Ballina and Boher, which is on the shore of Lough Derg. We are very pleased and grateful that 16 classrooms have been approved for Ballina national school, four of which were approved by the Department at quite short notice.

It is envisaged that the children travelling to Boher will be able to return to the newly refurbished school in Ballina when the extension is finally completed. However, difficulties are arising at present because of the volume of traffic outside Boher national school. There is very limited parking space and the children's lives, and those of motorists and pedestrians, are all in danger because of the failure of the Department of Education and Science to provide a school bus at an early stage. There is a very good case for its provision and I am grateful for the opportunity to present it on behalf of the parents of the affected schoolchildren in Ballina.

The population growth in the hinterland of Ballina has had a dramatic impact on school numbers. It is quite extraordinary that the population projected in 2002 for 2011 has already been reached in this unique area, and it is therefore no surprise that the schools in the area are first to feel the impact. We expect that 27 young children from the school in Ballina will graduate in June 2007 and they will be replaced by approximately 74 pupils in the incoming infant class. This presents a serious problem and I will therefore welcome the comments of the Minister of State on how it might be addressed.

Minister of State at the Department of Education and Science (Mr. Haughey)

I thank Deputy Hoctor for tabling this matter on the Adjournment and I welcome the opportunity to outline to the House my Department's position on school transport to Boher national school, Killaloe, County Clare.

One of the main objectives of the school transport scheme is to provide a basic level of service for pupils who live long distances from school and who might otherwise experience difficulty in attending regularly. In order to be eligible for transport under the terms of the primary school transport scheme, pupils must reside 3.2 km or more from, and be attending, their nearest national school, as determined by my Department. While it is the prerogative of parents to send their children to the school of their choice, it is not the objective of the school transport scheme to facilitate that choice.

My Department has no objection to pupils availing of concessionary fare-paying transport to a school other than their nearest, provided a written evidence of agreement form is obtained from the management authorities of the pupil's nearest school. However, tickets for concessionary fare payers are issued only if spare seats are available on a bus after all fully eligible pupils have been accommodated. This concession is also subject to no extra State cost being incurred by way of extending or altering the route of an existing service. Continuation of transport will depend on the availability of spare seats on the service.

On 14 December 2006 my Department received a request for the establishment of a school bus service from a parents' representative of children attending Boher national school. The main case being put forward is that these children cannot be accommodated in the school in Ballina, which is their nearest national school, because it is oversubscribed.

My Department wrote to the parents' representative on 15 December 2006 requesting details of the ages and addresses of the pupils involved. A list of over 40 pupils was returned. This list was made up of pupils ranging in age from 4 to 11 years. My Department subsequently received representations from Deputy Hoctor regarding the issue of transport for the pupils concerned. The list of pupils has been forwarded to Bus Éireann, which operates the school transport scheme on behalf of my Department, as it is necessary in the first instance to establish each pupil's eligibility for school transport and the availability of existing transport. My Department's school transport section will examine the matter further on receipt of the Bus Éireann report and in consultation with the school planning section.

I thank the Deputy again for affording me this opportunity to explain the position to the House.

EU Directives.

Ms C. Murphy

It used to be the case that people discussed the performance of their cars in terms of miles per gallon, but a new topic of conversation concerns the energy performance of one's home and the cost of gas and electricity. The Power of One campaign seeks to make us much more environmentally friendly and there are two reasons behind the great support therefor. These include the cost implications of energy consumption and concerns about climate change.

The EU Directive on the Energy Performance of Buildings was published in January 2003 and it will result in the need to have an energy performance certificate when selling one's home in the future. The Irish Government sought to delay the improvement of building standards and therefore thousands of homes have been built to a lower standard and will not achieve an "A" rating. Given the amount being paid for new homes and the enormous profits being made, it is the very least a purchaser should expect. For a household which has forked out the equivalent of a lottery sum to purchase a starter home and which wants to move on as the family grows, it will mean having to shell out thousands more on experts to advise on how to get an "A" rating. Remedial works must follow in order to achieve the much sought after rating, which will be in demand from more environmentally astute purchasers. In the meantime the family will continue to pay through the nose to heat the sub-standard home.

In whose interest was it to postpone the introduction of energy rating? To see the special relationship between Fianna Fáil and the construction industry, one needs to look no further. Despite the EU legislation being in place, any housing units that received planning permission prior to the end of December 2006 need not comply or produce certificates on energy efficiency. However, who is going to buy a pig in a poke? Who will purchase a house that costs a fortune to heat, where remedial works are required when a comparable dwelling with an "A" rated energy certificate is available for the same price? This is nothing short of an absolute scandal.

Ms Harkin

I thank the Leas-Cheann Comhairle for the opportunity to highlight the fact that the Minister for the Environment, Heritage and Local Government has applied for a further delay in implementing the EU Directive on the Energy Performance of Buildings and the negative impact this will have on consumers, house buyers and, of course, the environment.

To some this might seem to be a technical matter that will not have a major impact on their lives. However, every person buying a house from 1 January 2007, and who has to spend the next 30 to 40 years paying a mortgage on it, will be adversely affected by the Minister's action. For the next two years approximately, builders will not have to provide energy performance efficiency certificates for the houses they build. Therefore house buyers will lose out on two counts. They will need to obtain an energy certificate if they decide to sell or rent the house, which will involve extra cost. However, the big issue is that a purchaser will not know the energy efficiency standard of the house he or she is buying or what it complies with. Substantial remedial work may have to be done to raise the standards of homes if people wish to sell them in the future. In this scenario the big losers are the house buyers and the environment and the winners are those in the building industry, whose pockets will be lined.

I believe pressure from the building industry is the main reason for this delay. I have been told, for example, that the software is not ready. However, that is just a smokescreen and the real reason is that builders do not want it. The purpose is to facilitate a small group of very large builders. Of course it is not the first time this has happened. In 1997 a memorandum from his adviser to the then Minister for the Environment stated that the Department should revise Part L of the building regulations in 1998 or 1999 rather than waiting until 2002-3. The memorandum states:

The next leap in building standard insulation will probably involve making it difficult for hollow block construction, used widely in the Dublin area, to survive. This has implications for manufacturers of hollow blocks and builders etc.

Nothing happened until the regulations were revised in 2003. In the meantime in excess of 250,000 houses were built with an energy efficiency rating approximately 35% below standard. The winners were the hollow block manufacturers and builders and the losers were the 250,000 families who bought those houses. That was a scandal, but it is even more scandalous that once again house buyers are being held to ransom. The environment will suffer and the building industry will clean up.

This Minister is spending millions of euro telling consumers how to conserve energy, yet his action in this matter will cost house buyers millions in remedial work in the future.

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)

The EU Directive on the Energy Performance of Buildings was adopted on 16 December 2002. The transposition date was 4 January 2006. However, Article 15 of the directive allowed for an additional period of three years, up to 4 January 2009, for transposition of Article 7 which requires the building energy rating, BER, certification of new and existing buildings where they are being offered for sale or letting. The certificate will provide house owners and purchasers with information on the energy performance of their dwelling — and indeed other buildings — and how to improve that performance.

The impression has been given that Ireland has delayed in implementation of the EU Directive on the Energy Performance of Buildings. In fact the opposite is the case. Ireland is one of the leading group of EU member states in terms of implementing the directive. Prior to last year, only one member state, Denmark, had a BER system. Four member states introduced the system last year on foot of the directive and Ireland is one of seven countries to introduce it this year. The various implementation deadlines set out in the regulations are in line with those published in Ireland's implementation action plan, save for one additional transitional period for new homes for which planning permission was obtained in the second half of 2006.

The EU Directive on the Energy Performance of Buildings is a complex piece of work. The challenges both in Ireland and other EU member states have been to develop supporting administrative, computer and training systems to underpin energy rating. BER will be phased in, as set out in the Government's original action plan, as follows: new dwellings, with effect from 1 January 2007; new non-domestic buildings, with effect from I July 2008; and all existing buildings when sold or let, with effect from 1 January 2009.

The regulations provide for an exemption for new dwellings for which planning permission had been applied before the end of December 2006. It had been intended that the exemption would apply where planning permission had been sought prior to end June 2006. The extra time was allowed, however, at the request of Sustainable Energy Ireland, SEI, which has primary responsibility for practical implementation of this directive on the ground, primarily to enable the roll out of a substantial number of trained and registered BER assessors in the first half of 2007, and to allow SEI to complete the setting up a system for the smooth and efficient administration and oversight of the BER certification system, involving the recruitment of staff, the installation of ICT systems, etc. However, the exemption ceases as originally intended at 30 June 2008 unless substantial work has been completed. All new dwellings are covered from 30 June 2008 and this date has not changed

I should explain that the directive per se does not set standards for energy performance, other than to specify that national standards be expressed in a particular format. Irish law requires buildings to comply with the conservation of fuel and energy requirements of Part L of the building regulations. I should also make clear that there has been no postponement of the actual energy conservation standards which apply to new homes. The change in the transitional date relates only to the energy labelling system.

I would like to respond to the Deputies' concerns about the use of hollow blocks in housing. When the Department commenced the process of upgrading Part L in the 1990s, in keeping with good administrative and governance practices it had to consider all aspects of the proposed stricter standards, including impacts on the construction industry at a time when demand for houses was putting severe pressure on house prices. The broadly based building regulations advisory body therefore commissioned an assessment of the impact of higher thermal performance standards on house building. This independent study was carried out by UCD-ERG, which showed that all the most common house building systems could be insulated to comply with the proposed higher standards, including hollow block construction. The results of this study were published in November 2000. Draft proposals were published for public consultation in 2001 and the definitive regulations were made in 2002.

The original idea, as set out in the national climate change strategy, October 2000, was to increase thermal performance standards in two phases — in 2002 and 2005. As a result of the UCD-ERG study, Part L regulations were made in 2002 which applied the higher standards, in a single step, to new dwellings commencing on or after 1 January 2003.

Energy rating will provide important information for the consumer under the able guidance of Sustainable Energy Ireland. I emphasise that the delay was at SEI's request and I do not believe anyone doubts its commitment in this whole area.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 13 February 2007.

Dáil Éireann debate - Thursday, 8 Feb 2007