Adjournment Debate.

Employment Rights.

Deputy Mary Alexandra White

I am grateful for the opportunity to raise this matter of importance, namely, the need for the Government to ensure the amendment to the working time directive does not impact negatively on opportunities for women in the labour market. It is very important we have a say in the scrutiny of EU legislation. The working time directive has served as very important legislation in recent years. It established a framework in which workers have been protected against excessive working hours and wage exploitation. There has been much progress in recent years in Ireland and throughout Europe in increasing opportunities for women to enter the workforce and remain in the labour market, to share to a greater extent with men domestic and family responsibilities, and to achieve parity of pay and opportunity among genders. Much of the country's progressive legislation in providing increased opportunities for women has come from Europe, which is important to acknowledge.

However, the draft amendment to the working time directive agreed by the Commission last month could result in a move back in time rather than forwards. I urge the Minister for Enterprise, Trade and Employment to do all she can to have the current proposals reviewed in three particular areas.

The draft directive allows for an opt-out clause on setting the working week at 48 hours. If the opt-out is retained and availed of in Ireland, it will have a disproportionate affect on women. If employers are allowed to force employees to work more than 48 hours in an average working week, it will mean women more than men will have to reconsider their positions in employment, given their traditional role as carers in the home which often makes many women reluctant to work long hours outside the home. Moreover, with the flexibility proposed for the health care sector, the imposition of long hours in the caring professions could deter many women from remaining in employment in what are often female dominated sectors.

The second item of concern relates to the length of the working week. In the initial proposal for amending the directive, the maximum reference period for calculating the average maximum working week of 48 hours was four months. The proposal to extend this reference period to 12 months through collective bargaining or other legal protections, along with the proposed opt-out clause, could mean that 12 and not four months becomes the norm.

If irregular and unpredictable working hours become the norm for part-time and full-time workers, as might well happen following this proposal, many women could find themselves in an impossible position as they try to secure and retain work schedules which are incompatible with child care support, one of the key determinants of many mothers' ability to enter the labour market.

I seek the Minister's views on the "on-call time" proposal. My understanding is that this proposal would allow for inactive periods at work, such as time when a person is on-call or certain travelling time, to be treated either as working time or as rest time. It is possible that such a provision could exacerbate the current gender gaps in terms of choice for women and men in the labour market. On-call time must be counted as real working time so that women and men can be given the best possible chance of being designated full-time.

I ask the Minister to remember that the draft directive promotes the reconciliation of work and family life. If this directive is really to support work and the position of women within the workforce, then the issues of opt-outs, reference periods and on-call time need to be seriously re-examined.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Seán Haughey)

The consolidated EU directive on working time, which has been transposed into domestic legislation, represents a key instrument on working hours. In that respect, it is a very important achievement which has established standards in the areas of health and safety for workers. These core standards embody periods of daily and weekly rest, breaks, annual leave, maximum weekly working time, night work, shift work and patterns of work.

Since 2005, the European Union has considered and discussed a review of this key legislation. The European Commission began this process with a draft set of proposals, to which the European Parliament proposed amendments during its first reading. Subsequently, the European Commission's amended proposals, which had regard to the outcome of the first reading by the European Parliament, were the subject of detailed consideration at the European Council.

Agreement was reached in June 2008 on this long-standing sensitive legislative instrument under the Slovenian Presidency, when Ministers agreed by majority vote a common position on the proposed amended working time directive. The agreement reached on 9 June provides for transposition of the amending working time directive into national legislation within three years of its adoption. The common position agreed in June on this long-standing draft reflects a delicate and balanced compromise, reached after consideration at the European Council under more than six EU Presidencies.

With regard to the individual opt-out for workers working more than the average 48 hours per week, the amending directive provides for new built-in safeguards and limitations, stricter reference periods and review and evaluation clauses. These will act as further constraints against working unlimited and irregular working hours, which are to the detriment of the heath and safety of workers concerned. Under the amended proposal, a distinction is made between active and inactive periods of on-call time at the work place. The common position makes no change to active on-call time, but would allow inactive periods to be treated either as working time or rest time, according to national law or collective agreement.

The proposed amending directive is gender neutral, applying in equal measure to men and women. In its transposition of the original EU directive, Ireland did not avail of the opt-out nor have we any plans to do so. The outcome of the political agreement reached at the European Council represents a delicate balance aimed at achieving a compromise solution to this outstanding sensitive dossier. The Government has no reason to believe that the revised directive represents a negative outcome that poses a matter of particular concern to the position of women in the work force. We must now await the outcome of the second reading in the European Parliament, as outlined under the co-decision procedure.

Garda Stations.

Deputy Terence Flanagan

I thank the Ceann Comhairle for the giving me the opportunity to raise with the Minister for Justice, Equality and Law Reform the need for a Garda station in Donaghmede, in order to meet the policing needs of the people of Donaghmede, Clongriffin and the north fringe area.

The Donaghmede, Balgriffin and Clongriffin areas have seen a massive explosion in population, with an estimated 25,000 housing units built in the past few years. However, some residents do not feel fully safe because they do not have a local Garda station and a regular police presence on the ground. This forces residents to use the services of the nearest Garda station, which is located in Coolock. The resources of the Coolock Garda station are currently over-stretched, as it has not got the manpower to attend to the needs of the people of Clongriffin and Donaghmede. Constituents living in these areas have informed me that Garda patrols are a rarity. This is alarming as we are living in a society where criminals are on the streets. Just last week, an innocent person in Limerick was gunned down by a criminal. Deputy Charlie Flanagan recently pointed out that there have been 127 gangland murders in the last 11 years, with only 14 convictions. People are living in fear as these criminals walk the streets untouched. There is no deterrent against committing murder in this country because it is a known fact that life sentences in Ireland are far too lenient, with the average life sentence a mere 13 years. When in Government, Fine Gael will introduce a mandatory life sentence of 25 years.

In 2006 there were six murders in six months in the Donaghmede area, but thankfully the number of murders has dropped since then. The number of violent raids on businesses has increased this year and will keep increasing as unemployment continues to rise. In July there were two ATM robberies, one at the Bayside Shopping Centre and the other at an ATM on the Howth Road. There was also a botched raid on the Bank of Ireland premises on the Malahide Road in Northern Cross. In August, the Centra shop in Clongriffin was raided and shop workers were assaulted, leaving at least one staff member hospitalised with minor injuries. An armed robbery also took place at Kilbarrack post office. This is very frightening for local people.

The northern fringe is located in Dublin 13 between Donaghmede and Baldoyle. The population exploded during the housing boom. Dublin City Council and Fingal County Council granted planning permissions over a number of years. People were promised many facilities that would cater for their needs. Residents living in the area were promised a DART station years ago, and it is now not expected to be built until next year. Roads in the area are in a bad state and many of the housing estates built during the building boom are unfinished.

We in Fine Gael have campaigned for years for a Garda station to be built in Donaghmede in order to service the local people. A petition was signed by people in the area and delivered to the Minister before the last general election. We want to see a Garda station which will be manned by members of the public and not by gardaí, who we need to be out policing the streets. There is currently an unacceptable level of anti-social behaviour and traffic offences in the area, as a Garda presence is missing. The gardaí are working to the best of their ability, but local Garda stations at Howth, Raheeny and Coolock do not have enough staff. I hope the Minister will look into providing another Garda station, because people want to see such a building in the area, as it will reassure them that they are safe.

Deputy Seán Haughey

Unfortunately, the Minister for Justice, Equality and Law Reform is unavailable, so I will take this Adjournment matter on his behalf. I have listened with great interest to what the Deputy had to say. I know the area quite well, and it was my understanding that Dublin City Council's north fringe area action plan was planning at its best. These housing estates, including those in Clongriffin, were very much part of an integrated planning process. I would be very disappointed to hear that the first real effort at integrated planning by Dublin City Council is not as successful as might have been expected.

In accordance with section 22 of the Garda Síochána Act 2005, proposals on the opening and closing of Garda stations are a matter, in the first instance, for the Garda Commissioner in the context of the annual policing plans. There are currently no proposals for the opening of an additional Garda station in the area to which the Deputy refers. The Minister has been advised by the Garda authorities that local Garda management is satisfied that a full and comprehensive policing service is being delivered to the Donaghmede and Clongriffin area. The Garda authorities have also informed the Minister that, in their view, the opening of a new Garda station in the Donaghmede and Clongriffin areas would be incompatible with contemporary policing policy in the division. It is the view of the Garda authorities that this would result in valuable Garda resources being diverted from outdoor, operational policing to indoor administration duties.

The Donaghmede and Clongriffin areas are policed primarily from Coolock Garda station, which forms part of the Dublin metropolitan north division. The area is subject to regular patrols by uniformed and plain-clothes personnel, supplemented as necessary by personnel attached to the divisional and district detective unit, drugs unit, the divisional task force, the divisional traffic unit and the community policing unit, as well as the Garda mountain bike unit.

Significant additional personnel resources have been assigned to Coolock Garda station in recent years. The total personnel strength of Coolock Garda station as at 31 December 2002 was 84. On 30 September this year, the personnel strength of Coolock Garda station was 117. This represents an increase of 33, or almost 40%, in the number of personnel allocated to Coolock Garda station since 2002.

The Minister is assured by the Garda authorities that the situation concerning the policing needs of this area will be kept under review. When additional personnel next become available, the needs of Coolock Garda station and the Dublin metropolitan north division will be fully considered within the overall context of the needs of Garda stations throughout the country.

The Minister is also informed by the Garda authorities that a review of existing divisional boundaries within the Dublin metropolitan region will be conducted in 2009 with a view to aligning divisional and district boundaries with the four local authority areas. Any changes that may result from this review will take account of the local needs of residents in the areas concerned.

The Minister is also assured that Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible Garda service is provided to the public — an objective which he believes we would all support.

Foreign Conflicts.

Deputy Finian McGrath

I thank the Ceann Comhairle for the opportunity to speak about developing the peace process in Colombia. Ireland has had a long history of political conflict, but in recent years we have been using the experience of our own peace process to assist other countries in resolving serious political problems through dialogue and inclusive negotiations. A number of years ago, I visited Colombia and met there with politicians, Red Cross personnel, trade unionists, community activists and guerillas. I gave a commitment to return to Ireland and put their efforts to create a peace process on the political agenda. I have spent the last six years pushing behind the scenes and will continue to do so.

I have also met with representatives of the Colombian Civic Coalition, Como-Soc, in order to kick-start a peace process in that country. When I visited Colombia in 2002, I gave a commitment to civic groups that I would support them. I have been pushing this agenda with the Minister for Foreign Affairs and other experts in recent times. I wish to commend José Antonio Gokerez and Ibet Garcia for their great peace work, as well as the members of Grupo Raychez.

I thank our Government for the €3.3 million in Irish aid for projects in Colombia. The way forward is through such projects, in addition to dialogue and inclusive negotiations. I also wish to pay tribute to President Chávez of Venezuela and thank him for his efforts to develop a peace process in Colombia.

However, for the past month Colombia has been in a state of turmoil due to popular unrest caused largely by the repressive nature of the current regime. In September, two big strikes took place. The first one was called by ASONAL, the trade union representing workers in the judicial sector. This strike, which only demanded an increase in wages according to law, was met with hostility that led to the government declaring a state of emergency on 9 October. This measure was designed to allow the government to dismiss workers and appoint others, and to intervene in some attributions of judicial powers. The hostility between the supreme court and the executive is well known and it has been seen as a way to advance intervention in that area. Needless to say, this measure of dealing with a strike is considered inappropriate, inadequate and extremely repressive.

The other big strike was by sugar cane cutters, which started on 15 September, to demand better wages because of the increased profits sugar cane planters are getting thanks to the biofuel business. They also sought an end to the practice of indirect hiring. The response of the government was immediately repressive, sending ESMAD riot police to clash with the workers, leaving many of them wounded. Without any solid proof, the same government accused strikers of being infiltrated by FARC guerillas. This is an extremely serious accusation in the Colombian context. Nonetheless, the government is infamous for labelling all of its political opponents as FARC undercover agents.

On 22 October, three spokespersons for the strikers were arrested — Oscar Bedoya, Omar Cedano and Juan Pablo Ochoa — but no serious evidence was produced against them. They were accused of incitement to riot, only to be released without charge two weeks later. This heavy handed approach is typical. A United Nations delegation recently denounced mass arrests and the fact that 5,600 people in Colombia are detained without trial. In addition, two advisers of opposition Senator Alexander Lopez were arrested on that date, accused of infiltrating the protest. Their names are Alberto Bejarano and José Oney Valencia. This is an attempt to criminalise the right to express solidarity with protestors. At present, the strike is on the way to being resolved in terms largely favourable to the workers. It is a shame, however, that workers must go through all of this in order for their pleas to be heard.

On 12 October, various indigenous demonstrations demanded a solution to the problem of land and a halt to the unpopular FTA negotiations with the United States. During the demonstrations many protesters were wounded and at least three were killed in the Cauca area alone. Taurino Ramos Valencia was killed on 14 October, while Elber Ibito and Jesús Antonio Nene died on 22 October. Before the march, other indigenous people were assassinated by paramilitary gangs in collusion with local authorities. They included Luz Marina Morales, Mauricio Largo and César Largo.

Violence against indigenous people has been on the rise. They have been accused, once again without proof, of being infiltrated by FARC. If any infiltration was proven, it was done by soldiers infiltrating the march on the orders of their superiors. One of them, named Daniel Chaparral, was caught by the indigenous people while infiltrating the demonstrations with home-made explosives and FARC literature.

An Ceann Comhairle

The Deputy's time has expired.

Deputy Finian McGrath

At the moment, the indigenous people are on the march to the capital, Bogotá. I urge the Minister and the Government to heed and support the Colombian Civic Coalition, Como-Soc, and Grupo Raychez in their efforts to develop a peace process and to push this agenda at European level and at the United Nations.

Deputy Seán Haughey

The process of moving towards peace in Colombia has seen significant developments during the course of this year, and this is an opportune moment to consider the current situation. Deputies will recall the rescue of Ingrid Betancourt and 14 other hostages in July of this year, which was welcomed by the world as a signal that the situation in Colombia is changing. This high profile development was just one step towards a more stable Colombia and there is no space for complacency in any process of this kind.

The internal conflict in Colombia has resulted in tens of thousands of deaths and has been characterised by kidnappings and other gross violations of human rights. As a direct result of the conflict, it is estimated that over 3 million people have been displaced internally, second only to the numbers seen in Sudan. Serious concerns remain regarding the protection of human rights defenders and the persistence of extra-judicial killings.

The involvement of paramilitary groups in the drugs trade, and particularly cocaine, of which Colombia is the largest international source, has contributed to the persistence and extent of the conflict. This trade not only continues to be a major cause of destabilisation in Colombia, but the consequences of the traffic in cocaine can also be seen on our own streets, leading to tragic loss of life.

Ireland and other EU partners closely monitor the situation in Colombia. This includes monitoring the internal civil strife, the related issue of the production and trafficking of illegal drugs and the human rights situation. The EU has expressed its support for the Colombian Government's policies aimed at ensuring the rule of law, legality, security of persons and human rights. At the same time, the EU has also condemned systematic breaches of the most fundamental human rights, including the rights to life and liberty, perpetrated by all groups in Colombia.

Since 2005, the process of bringing an end to terrorism in Colombia has been taken forward under the justice and peace law. This law provides a legal framework for the demobilisation, disarmament and reintegration of illegal armed groups into Colombian society. The law was adopted through a lengthy democratic political process and strikes a difficult balance between working towards an eventual peace and delivering justice.

The process of peace negotiations between the Colombian Government and the right-wing paramilitary group, Autodefensas Unidas de Colombia, AUC, began in 2003, with more than 30,000 combatants having been demobilised on completion of the process in 2007. Negotiations between the major left-wing guerrilla group, Fuerzas Armadas Revolucionarias de Colombia, FARC and the government have not yet commenced.

Ireland has supported the ongoing development of the peace process financially through Irish Aid. In particular, multiannual support has been provided to the Organisation of American States to monitor the peace process. This funding has assisted the organisation in supporting the significant progress in demobilisations. The organisation also works closely with the Colombian National Commission for Reparation and Reconciliations, which is one of the main Colombian organisations overseeing the peace process and places particular emphasis on victims.

In the development of any peace process it is vital to ensure that the focus on victims and on human rights is maintained. Ireland has also supported the Inter-American Commission on Human Rights to independently monitor the human rights situation and support the Organisation of American States in its mission. In December of this year the third session of the universal periodic review, UPR, process of the UN Human Rights Council will be held in Geneva. Colombia is one of the countries scheduled to be under review. This will provide an opportunity for Ireland and its partners in the EU to, once again, raise the issue of ongoing human rights abuses in Colombia.

The rescue of Ms Betancourt, the change in leadership of the FARC and the most recent statements made by that organisation indicate that a situation may be emerging that might lead to a new phase in which negotiations leading towards a lasting peace can begin. In order to assist in bringing about such a peace, the Government monitors the situation in Colombia on an ongoing basis through our embassy in Mexico City, which is accredited to Colombia, as well as in co-operation with our EU partners with resident diplomatic missions in that country. Ireland will continue to fully support efforts to bring a peaceful resolution to the conflict in Colombia through working with our EU partners and supporting the Government of Colombia in its search for a negotiated solution to the internal armed conflict, including through direct engagement.

Schools Building Projects.

Deputy Jimmy Deenihan

I thank the Ceann Comhairle for allowing me to raise this matter. On behalf of the teachers, parents and pupils, I would like to express my deep frustration this evening at the lack of progress in advancing the Scoil Eoin school project at Balloonagh, Tralee. I would like to make an appeal directly to the Minister and the Department to honour their commitment of 24 April 2007, when it was announced that Scoil Eoin was one of the 56 large-scale projects approved to advance to the next stage. This announcement was made in the run-up to the general election of May 2007 and would now appear to have been made as a vote-winning exercise.

Approximately 48% of the pupils of Scoil Eoin are housed in prefabricated buildings, which include 11 classrooms and one special education room. Some 27% of the pupils are in a building over 100 years old, which has not been modernised and has cramped conditions. Mechanical and electrical services in Scoil Eoin fall short of the requirements of current electrical regulations. No mainstream classroom or special education classroom in the school meets the current Department of Education and Science planning guidelines for primary schools. The energy rating of the school does not reach the minimum standard, there are no parking or set-down facilities and buildings do not comply with fire regulations and health and safety standards.

Other challenges for the school include a lack of hot water and information technology problems, due to dampness and humidity in the buildings. The teachers of new Irish students and special education pupils must collect their pupils from different buildings and return them to the classrooms. Valuable teaching time is wasted in transit since 20% of tuition time is spent walking. There is also a risk to children's safety as they travel between buildings and to teachers' safety due to access to classrooms, because there is no holding area.

Attempts to provide a replacement school at Scoil Eoin go back almost ten years to July 1999, when the Department of Education and Science sent a team of architects to compile a report on the condition of the building. In January 2002 a feasibility study was completed providing three options for Scoil Eoin. On 21 November 2006 a technical team from the Department of Education and Science, comprising of Paul Egan, John Harnett and Shirley Kearney, visited Scoil Eoin. Following this visit and a subsequent commission on school accommodation report, which strongly recommended a new school building for Scoil Eoin, the management board was confident that progress was being made.

The announcement of 24 April raised hopes further and in May 2007 the Department recommended that, as a result of long-term projected staffing, the new school would comprise 24 mainstream classrooms, two special classes and appropriate special education rooms, offices, general purpose rooms and staff rooms. However, the process stopped here. A design team should have been appointed in June 2007 but the project has never left the architectural planning stage.

In February 2008, the principal and members of the board of management met the then Minister, Deputy Mary Hanafin, at Kerry Airport. She informed them that she recognised "the school is high priority". She said they should not be concerned that they had not yet moved to the design stage and that the list of schools to be progressed to design stage had not yet been issued for that year.

In its current situation, the school is in no man's land as it cannot access any grants, summer works or otherwise, to resurface damaged playgrounds or engage in emergency works while being approved for a new building. There are numerous potential risks to the safety of pupils, staff and parents in the school's current circumstances. Due to the long-term problems that the school continues to face and the failure of the Department of Education and Science and various Ministers to keep their word, Scoil Eoin is struggling to operate in an almost impossible situation.

I take this opportunity to recognise the commitment and dedication of the principal and staff at the school. Scoil Eoin is recognised in Tralee and beyond for the quality of its teachers, pupils and wide curriculum. To keep pace with modern trends in education it urgently needs the rebuilding and refurbishment of the current premises.

There seems to be a particular problem in Tralee with school accommodation. New school buildings were promised for Blennerville, Listellig and Tralee's Educate Together school. These examples represent three major problems to be added to that facing Scoil Eoin. If the Minister of State cannot give a positive response this evening I appeal to him to at least pass my words on to the Minister and the Department so that the next stage, appointment of a design team, can be reached.

Deputy Seán Haughey

I thank the Deputy for raising this matter as it provides me with the opportunity to outline to this House the Department's plans for the proposed building project for Scoil Eoin national school, Tralee, County Kerry. Scoil Eoin national school is a coeducational facility at junior level and a single sex girls school at senior level. It has a current enrolment of 567 pupils. The staffing level is a principal, 21 mainstream assistants, one permanent special class teacher, one temporary special class teacher, three temporary language support teachers, four permanent learning support-resource teachers and one temporary resource teacher for Travellers.

The school authority has applied to the Department of Education and Science for large scale capital funding for an extension project. It is the Department's intention to provide the school with permanent accommodation for a principal, 24 mainstream assistants and ancillary accommodation appropriate to a school of this size. As the Deputy is aware, the project is awaiting the appointment of a design team.

The Deputy will also probably be aware that all applications for large scale capital funding are assessed in the planning and building unit of the Department against published prioritisation criteria which were formulated following consultation with the education partners. Under these criteria, each application is assigned a band rating which reflects the type of works needed and the urgency attaching to them. Projects are advanced through the school building and modernisation programme in accordance with the band rating assigned to them. There are four band ratings in all under the criteria with band 1 being the highest and band 4 the lowest. Each band rating has a number of sub-categories which more specifically describe the type of works needed and, again, the urgency attaching to them.

The building project for Scoil Eoin attracts a band 2.1 rating which reflects the fact that a significant extension and refurbishment project is needed. Unfortunately, due to the level of demand on the Department's capital budget, it is not possible to provide an indicative timeframe as to when the design team appointment for this project can be made. However, a band 2 rated project has the second highest band rating possible, which means that the project is well positioned to proceed once the funding is available to allow the design team appointment. As with all large scale capital projects, the progression of the project from the appointment of the design team and initial design stage through to construction phase will be considered in the context of the Department's multiannual school building and modernisation programme.

The allocation for school buildings in 2009 is €581 million, which represents a significant investment in the school building and modernisation programme. This level of funding, at a time of great pressure on the public finances, is a sign of the Government's very real commitment to investing in school infrastructure and it will permit the continuation of the enormous progress made under the last national development plan when 7,800 school building projects were completed. The Government looks forward to building on this progress with an unprecedented allocation of €4.5 billion under the current national development plan. The Department of Education and Science will consider the advancement of the project for Scoil Eoin from initial design stage through to construction phase in the context of the Department's multi-annual school building and modernisation programme on this basis.

I thank the Deputy again for raising this matter and assure him that progress on the proposed project for Scoil Eoin will be made commensurate with the priority attaching to it and as soon as the requisite funding is available. I will take on board his comments in the House and convey them to the Minister and the Department.

The Dáil adjourned at 5.25 p.m. until 2.30 p.m. on Tuesday, 18 November 2008.

Dáil Éireann debate - Thursday, 13 Nov 2008