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Dáil Éireann debate -
Tuesday, 4 Dec 2007

Vol. 642 No. 6

Adjournment Debate.

Hospital Services.

I wish to raise the serious allegations made by a Finnish pathologist that the pathological laboratory services in Cork University Hospital are in a chaotic situation and the serious implications for patients using these services if the allegations are proven to be correct.

In recent days, there were disturbing developments about the hiring of the locum specialist at the heart of the review of cancer tests of 166 patients. These developments raise serious questions about the structures, criteria and standards in place for the employment of locums, especially in view of the fact that glowing references for the locum in question had been provided for Cork University Hospital by University Hospital Galway as well as the news that he had received his licence to practise in Ireland just days after a Finnish investigation put a second negligence file on his record.

One of the questions that must be answered tonight is why this doctor was employed twice and given a glowing reference despite what happened in Finland. However, instead of answering questions and providing reassurances for the public, the Government in recent times has put in place approximately seven reviews that seem to go on forever, but they never report. Even if a report is near completion, we are told that legal obstacles may prevent or delay publication.

The Fine Gael spokesperson, Deputy Reilly, yesterday identified seven outstanding reports but despite these reports being in the pipeline, it is becoming more difficult to get answers on what is happening. The HSE and the Minister have refused to give details of any background checks carried out on the Finnish doctor it hired despite a finding of negligence against him in Finland. We got no answers to serious questions about the recruitment procedures applied to locum consultants, an issue that Deputy Martin was supposed to deal with during his time as Minister. We have no details and answers on what safeguards are being put in place for inter-country appointments.

The front page of today's Irish Examiner carried an article by Ms Catherine Shanahan containing disturbing comments made by the Finnish pathologist about the contrast in standards between University Hospital Galway and Cork University Hospital. This Finnish consultant has raised serious concerns about the systems in place for checking samples in Cork University Hospital. He also alleged that there are serious problems with Cork University Hospital’s systems for testing samples, which he described as wrong and inferior to systems in place in Galway. He said:

The difference between the systems in Cork and Galway was as different as night and day. In Cork . . . the checkers and pathologist did not work side by side. I told them the system could not stand, that the consultant must be in daily contact with the checkers and look at each slide. They were not happy when I tried to change the system . . . It was not a happy experience and I resigned.

Every day it seems there are more problems, revelations and inconsistencies. The one constant aspect is a lack of accountability and answers from HSE management, the Department and the Minister. Unfortunately, it seems unlikely that the public will have confidence in the service unless we get some straight and immediate answers.

My questions are as follows. What system is in place to ensure the hiring of locums is up to an acceptable high standard? How many misdiagnoses occurred in Cork and does the recheck need to be extended to ally fears? Have the women of Cork who have suspected cases that were previously misdiagnosed been informed? When will the report about Cork be finished and will the Minister guarantee that it will be published before Christmas and will not be legally sanitised and news managed? Will the Minister accept responsibility for systems failures if these are found?

I am calling on the Minister to give answers as to what went wrong and what steps it is proposed to take to prevent such problems recurring in the future. It is the very least that should be done for those women who have already been so badly failed by cancer services in this country.

I want answers to the allegations made by Finnish pathologist, Dr. Antoine Geagea, that the only contact he has received from Ireland after resigning his job at CUH was a telephone call from someone claiming to be an official from the Department of Health and Children requesting a copy of the reference he received when leaving Galway to take up his post in Cork. I want answers to the serious allegations made by him, as reported in today's Irish Examiner, about the quality of services at Cork University Hospital.

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

The allegation made by the person referred to by the Deputy, that laboratory services within Cork University Hospital are in a chaotic situation, is neither credible nor grounded in reality. The HSE has advised the Department of Health and Children that, to date, three laboratories at CUH have successfully achieved a high level of clinical pathology accreditation, CPA. These are the biochemistry, microbiology and blood transfusion laboratories. The histopathology laboratory, which includes cytopathology services, is awaiting assessment for the same accreditation. It is expected this will take place in mid-2008. This is a non-mandatory process which was undertaken by CUH with the full support of the executive management board.

The current position in relation to the review of pathology services in CUH is as follows. Since last September, hospital management at CUH has been carrying out a review of pathology services at the hospital as a result of concerns about the work of a single pathologist who worked there on a locum basis for a short period in recent months. Hospital management commissioned an accredited UK laboratory to undertake an independent review of the temporary pathologist's work. The Minister for Health and Children and her Department were informed of this review on 23 November last. The Minister understands that, in the course of this review so far, a small number of patients have been recalled for review and appropriate follow-up by their doctor. The HSE has informed the Department that it will conclude this review shortly.

The pathologist concerned resigned from his position at the request of hospital management at CUH, when information relating to his work became known. The HSE has informed the Department that this pathologist no longer works in any of its hospitals. Steps have been taken to ensure that the regulatory authorities in the jurisdiction where this person now resides have been informed so that they can take appropriate action.

The immediate priorities in any review of clinical services are to establish whether the care of any patient has been compromised and, if so, to inform those patients and ensure they receive, as a matter of priority, any necessary clinical assessment and other services and supports. The Department is working closely with the HSE to ensure that these protocols are applied in the case of the Cork review.

The events of recent weeks underscore the absolute need for the HSE national cancer control programme to be implemented as soon as possible. Professor Tom Keane took up his position as director of the cancer control programme last month. The HSE is putting arrangements in place to enable Professor Keane to take control of all new cancer developments from 1 January 2008 and progressively all existing cancer services and related funding and staffing. The delivery of cancer services on a programmatic basis will serve to ensure equity of access to services and equality of patient outcome irrespective of geography. The recent decisions of the HSE in relation to four managed cancer control networks and eight cancer centres will be implemented on a managed and phased basis. The designated centres for the HSE, southern region, are Cork University Hospital and Waterford Regional Hospital.

In conclusion, the Government is committed to continuing to make the full range of cancer services available and accessible to cancer patients throughout Ireland in accordance with best international standards, including in the southern region.

I did not get answers to any of my questions.

Schools Amalgamation.

I thank the Leas-Cheann Comhairle for the opportunity to raise this issue. I ask the Department of Education and Science, the Minister and the Government to outline to the House the progress that has been made as regards the amalgamation of the two schools in Kanturk, St. Colman's boys' school and the Convent of Mercy girls' school, as this initiative has been ongoing for some time.

Kanturk, like many provincial towns, has grown considerably and there is a major issue as regards space particularly in the boys' national school which is in dire need of extra facilities and space. In 2005, the current Minister and I took this issue by the scruff of the neck. The Minister visited the schools in November 2005 and looked at the situation at first hand. Then a commitment was given and following intervention to the patron of the schools, Bishop John Magee, he decided the amalgamation would go ahead and that the dioceses and the parish would provide the site. This matter has been ongoing since the spring of 2006 and to date we have not had any information as regards progress.

It raised its head during the recent general election when many issues and counter-issues were aired and a number of threatening e-mails were sent in relation to the proposed project. I understand that the Department has met with the boards of management since. However, I am asking the Minister of State, Deputy Jimmy Devins, on behalf of the Minister for Education and Science, to outline to the House what steps the Department has taken as regards ensuring that the amalgamation will take place as quickly as possible.

We were assured that it was a band 1 project and as such should move through the Department of Education and Science speedily. As I have outlined to the House, there is a great need for this in Kanturk. The delays are regrettable and the initiative should be prioritised within the Department. Very often there are issues as regards amalgamation in schools. In this case, however, both schools welcome the amalgamation and look forward to it being completed. I ask the Minister and the Government, through the Minister of State, Deputy Devins, to outline the current position to the House in relation to the amalgamation and to ensure that whatever delays exist are ironed out so that the project is moved to the design and construction stage as soon as humanly possible. At this stage, it is one of the most worthy and necessary school amalgamations in the country.

I am replying on behalf of my colleague, the Minister for Education and Science, Deputy Mary Hanafin.

I wish to thank the Deputy for raising the matter as it affords me the opportunity to outline to the House the Government's strategy for capital investment in education projects and also the position regarding the proposed amalgamation of national schools in Kanturk.

Modernising facilities in our 3,200 primary and 750 post-primary schools is not an easy task given the legacy of decades of under-investment in this area as well as the need to respond to emerging needs in areas of rapid population growth. Nonetheless, since taking office, the Government has shown a focused determination to improve the condition of our school buildings and to ensure that the appropriate facilities are in place to enable the implementation of a broad and balanced curriculum.

As evidence of this commitment, over €540 million will be spent on school building and modernisation projects in the coming year on primary and post-primary schools throughout the country. Since 1997, a total of €3 billion has been invested in school buildings and this has delivered over 7,800 school building projects. The further investment of over €540 million will build on these achievements and will focus in particular on the provision of school accommodation in areas where the population is growing at a rapid rate. As further evidence of our commitment, national development plan funding of €4.5 billion will be invested in schools over the coming years.

I am sure the Deputy will agree that this record level of investment is a positive testament to the high priority the Government attaches to ensuring that school accommodation is of the highest standard possible. On top of this, to reduce red tape and allow projects to move faster, responsibility for smaller projects has been devolved to school level. Standard designs have also been developed for eight and 16 classroom schools to facilitate speedier delivery of projects and save on design fees. The design and build method is also used to expedite delivery where the use of standard designs is not possible. Taken together with the unprecedented level of funding available, these initiatives ensure that building projects are delivered in the fastest timeframe possible.

Turning to the specific issue of the proposed amalgamation of the national schools in Kanturk, the position is that the patron of the school has been engaged in identifying and acquiring a suitable site for the proposed construction of a new school building to facilitate the amalgamation of the existing two national schools in Kanturk, namely, St. Colman's boys' national school and the convent girls' national school and has sought the Department's approval for the proposed site.

Officials from the school planning section of the Department met earlier this year with a delegation from the two national schools in Kanturk and a representative of the school patron to discuss issues surrounding the acquisition of the proposed greenfield site. Following this meeting with the Department, officials carried out a technical assessment of the proposed greenfield site and the technical report identified several issues with regard to the proposed site which need to be addressed by the management authority of the school. These issues were outlined in a letter to the patron in August this year and the Department is awaiting a reply to same.

Officials in the Department are carrying out an assessment of the long-term projected staffing for the amalgamated school in Kanturk which will be notified to the school authorities as soon as it is completed. I thank the Deputy for raising the matter and allowing me to outline the progress being made under the school building and modernisation programme and the specific position of the proposed amalgamation of the national schools in Kanturk.

Defence Forces Reserve.

During my period as Minister for Defence I had the pleasure of seeing the tremendous work carried out by the FCA, the pride which personnel had in being members of the FCA and the pride in which the community held these personnel during their service. I wish to discuss possible accommodation for the Reserve Defence Force, RDF, in Dún Laoghaire.

I was appalled to read in The Sunday Tribune that almost 40% of the membership of the Reserve Defence Force has left the force in the past four years. Almost 5,000 people have resigned from the RDF since 2003. It now has only 8,648 members compared with 13,532 in 2003. We discuss motivating young people in particular to carry out voluntary work and these are alarming statistics.

B company 62nd reserve infantry battalion in Dún Laoghaire has been without its own headquarters and training centre since it was evicted from the coastguard station in Dún Laoghaire on 1 May 2006 after 55 years in this location. According to the RDF implementation plan, B company was to have its headquarters and training centre in Dún Laoghaire. The Minister promised no centre would be closed. However, this is clearly not the case.

B company has approximately 40 personnel and its challenge is to grow to 133. Without a permanent base in Dún Laoghaire this challenge will not be realised and the unit will eventually die. At present, B company headquarters is based in Bray and personnel parade between Bray and Cathal Brugha barracks. New recruits are expected to go to Bray, adding an hour each way to their journeys. No one seems to care about the negative impact on the volunteers of B company losing its base.

When B company was evicted from the coastguard station in Dún Laoghaire, through no fault of the local unit, it made every effort to find an alternative location to grow and develop the unit. Two locations were identified, namely, the Maritime Museum and the scout's den in Seapoint. The Maritime Museum was rejected on health and safety grounds despite the fact it is undergoing radical refurbishment which will be completed in 2009. I understand the scout's den in Seapoint was rejected because of the cost of rent.

Recently, I tabled two parliamentary questions, one in September and one in November asking what is being done about finding an alternative permanent location for B company. The replies I received were extremely scant. However, the latest one states arrangements are in place to facilitate training at Oaklands College in Stillorgan. This accommodation is extremely limited. It is not adequate for a dedicated RDF recruiting and training centre. It consists of two classrooms which are not available during the day and the two full-time members of the Permanent Defence Force assigned to B company do not have accommodation.

I have a number of questions for the Minister who, unfortunately, is not here. Is he committed to growing the Reserve Defence Force in Dún Laoghaire Rathdown and respecting the tradition of voluntary military service from communities in the area through the decades? How does the Minister intend to honour his commitment to ensure B company has a permanent home from which it can grow and develop? How does he intend to give evidence of this commitment and when will progress be seen to be made in the short term? What are his long-term plans for a base in the area? If 40 personnel give up their time to the Reserve Defence Force, how does the Minister value this time commitment to voluntary public service?

Numerous other issues are raised but time prevents me from outlining them. Is voluntary public service no longer valued? Here are people prepared to give their service to society and after 55 years in their permanent residence in Dún Laoghaire they are nomads with no proper facilities. My suggestion to the Minister is that on a temporary basis the scout's den in Seapoint, which is quite close to Dún Laoghaire, should be used. When the refurbishment of the Maritime Museum is complete, the trustees of the Maritime Museum are prepared to give permanent facilities to the Reserve Defence Force in the centre of Dún Laoghaire, which is ideal. Will the Minister give this commitment? My suggestion is reasonable and will ensure B company can grow.

I thank Deputy Barrett for raising this matter and I will reply on behalf of the Minister for Defence, Deputy O'Dea, who is unavailable at this time.

I welcome the opportunity to set out the position with regard to the provision of accommodation to facilitate Reserve Defence Force training in Dún Laoghaire. Ensuring that suitable premises are available throughout the country to facilitate training by this important element of the Defence Forces, is a priority of the Department of Defence and the Defence Forces. However, locating suitable premises at an economic price has proved difficult, especially in the greater Dublin area.

For many years the coastguard station at Dún Laoghaire harbour was used by the Reserve Defence Force. However, in recent years, the harbour was transferred to the Minister with responsibility for the marine who then transferred it to the Dún Laoghaire Harbour Company, a statutory commercial semi-State body, under the Harbours Act 1996.

The premises were used for the training of B company 62 reserve infantry battalion and the Naval Service Reserve. Regrettably, Dún Laoghaire Harbour Company informed the Department of Defence that it was not in a position to renew the existing letting agreement and a notice to quit was issued on 31 March 2006. The property was vacated on 28 April 2006.

The Naval Reserve is based in Cathal Brugha Barracks. B company, 62 reserve infantry battalion is served from its headquarters at Rockbrae House, Bray, where the cadre staff are located. Members of B company, 62 reserve infantry battalion currently train in Cathal Brugha Barracks and Rockbrae House. This is seen as a temporary measure pending the acquisition of suitable premises in the Dún Laoghaire area. While Oatlands College, Stillorgan, is used occasionally, it is not considered suitable as a permanent training centre.

The Department is actively seeking a suitable venue in Dún Laoghaire. However, it has proved difficult to find properties which are appropriate having regard to the conditions governing their letting, including the cost and the changing requirements of both the lessors and the Reserve Defence Force units.

That is not accurate.

A number of properties in Dún Laoghaire have been investigated as possible alternative premises for B company, 62 reserve infantry battalion. However, none has been found suitable to date. The property management branch of the Department of Defence continues to actively seek alternative premises for the training of the Reserve Defence Force in Dún Laoghaire and all efforts will continue until a suitable premises is secured. As Deputies will appreciate, it is incumbent on the Department to ensure that the most suitable premises are sourced and value for money secured for the taxpayer in respect of any leasing arrangement. On behalf of the Defence Forces, the Department will continue to pursue any available property considered suitable for training of the RDF in Dún Laoghaire while ensuring that value for money is obtained and the safety of the members of the company maintained. I will convey Deputy Barrett's comments in regard to the two premises to the Minister.

I made two suggestions.

Local Authority Housing.

The Minister for the Environment, Heritage and Local Government is fully aware that local authority tenants are treated differently according to the type of accommodation they occupy. A local authority tenant living in a house is able to engage in a tenant purchase scheme. Unfortunately, tenants who live in apartments have been prohibited for the past ten years from doing the same. During the lifetime of the previous Government, the legislative framework was promised but the delay in introducing it has meant that thousands of tenants across the country have been denied the right to buy their own homes. I raise this matter on the Adjournment to encourage some urgency on the part of the Department of the Environment, Heritage and Local Government in ensuring the anomaly is corrected.

For the past ten years, county and city managers have been ready to implement the scheme and there are no difficulties at local authority level. The legal difficulties to which the Minister referred when I questioned him on the issue in October were resolved as long ago as 2005, when a working group comprising Cork and Dublin city councils resolved legal difficulties such as sinking funds, freeholds and title holds and management companies. It is therefore disingenuous of the Minister to claim these problems are currently before the Attorney General.

The Minister's predecessor gave a commitment that the legislative framework would be put in place by 2005 at the latest. That has not happened. During the period from 1997 to 2007 in areas of my constituency such as Ballyphehan, Togher and Greenmount, and throughout the city, the price of property has increased by300%, interest rates have climbed and the age profile of those who wish to buy their homes has grown older. This has resulted in a situation in which many of those who have been denied to right to buy their homes no longer qualify for a mortgage because of the 20 year minimum mortgage period. People cannot buy their homes because of Government failure and delay.

Can a specific date be provided as to when the legislative framework will be put in place? The Minister has referred to the Social Housing (Miscellaneous Provisions) Bill as the means of resolving the matter. Can a ministerial order be passed to fast track this specific part of the legislation?

People all over Europe purchase their apartments and have done so for more than 100 years, yet it seems to be a major problem for local authority tenants in Ireland. One must ask where the priorities of this Government lie. We have seen tax incentives and major changes in planning legislation to facilitate developers in building houses and apartments but legislation to correct an obvious anomaly has been delayed from one Government to the next. The last commitment we were given was that the matter would be addressed by last summer. Given that the Minister's predecessor indicated in 2005 that the issue would be finalised during the lifetime of the last Government, it is unacceptable that we are approaching 2008 with the matter still outstanding. Unfortunately, the Government's track record leaves me with little confidence that a solution will be in place by this time next year.

I thank Deputy Lynch for raising this matter, which gives me the opportunity on behalf of the Minister for the Environment, Heritage and Local Government to outline the plans to update housing legislation as part of a programme to reform the social housing sector.

On foot of proposals prepared by the Department of the Environment, Heritage and Local Government and approved by the Government, the Attorney General's Office is currently drafting a Housing (Miscellaneous Provisions) Bill to give effect to policy initiatives set out in the policy statement, Delivering Homes, Sustainable Communities, which was published last February. This statement builds on recent progress in providing social and affordable housing by setting out the fundamentals of the Government's vision for housing policy in the coming years.

The Bill will be designed to support the creation of a flexible and graduated system of housing supports for those in need of housing, improve customer choice in order to meet changing requirements over a person's lifetime and augment the powers of housing authorities while at the same time making clearer their responsibilities as social landlords and regulators of social housing generally. Thus, measures in the Bill will include a more developed legislative basis for the rental accommodation scheme, a revised tenant purchase scheme including the sale of local authority apartments to their tenants and revised powers for local authorities to combat anti-social behaviour.

As regards the sale of local authority apartments to tenants, previous efforts in this area were thwarted by the difficulties associated with the management of flat complexes, insurance, the cost of maintenance and the transfer of legal title. Taking account of proposals put forward by local authorities, arrangements are being devised to address these and other issues unique to local authority apartment sales. The establishment of fair, equitable and proportionate arrangements are needed to give tenant purchasers and the local authority a voice in the management of the apartment complex. The potential role of a management company representative of all apartment owners, including the local authority, in managing and maintaining the common areas and services in the complex must be considered. The need must also be considered for tenant purchasers to contribute through service charges to the ongoing maintenance of common areas and services. Arrangements must be made for sharing the costs of insurance covering the entire complex. Finally, a reserve fund will have to be created to pay for major improvement works required in the future.

Can the Minister of State provide a date for the legislative framework?

Considerable progress has been made in identifying and resolving the practical and legal difficulties associated with apartment sales. However, further work remains to be done. While the Minister is determined to ensure this work is completed as quickly as possible, he is equally determined that it is done right.

The Minister of State did not answer my question.

A robust legislative framework must be delivered which will address the issues involved and stand the test of time for all stakeholders, that is, apartments buyers, apartment tenants who choose not to buy and local authorities.

The message to this House is there is no date for those who wish to buy their homes.

The Dáil adjourned at 9.30 p.m. until 10.30 a.m. on Wednesday, 5 December 2007.
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