Dáil Éireann debate -
Thursday, 8 Oct 2009

Vol. 691 No. 2

Adjournment Debate.

Anti-Social Behaviour.

Deputy Joe Costello

I thank the Leas-Cheann Comhairle for choosing this Adjournment matter. We are coming close to Hallowe'en and the perennial problems that arise in the context of the Hallowe'en festivities. Very often, it becomes an issue of fear and concern to many, particularly the elderly, rather than a celebratory period of religious commemoration. In my constituency, there was virtual mayhem in a number of areas last year and I do not want this to recur this year, which is why I am raising the issue at an early stage.

Last year, a factory was burned down in the Docklands, a restaurant was burned in very suspicious circumstances, a fire brigade was stoned, 12 men were arrested and two gardaí suffered broken noses in the Dorset Street area and there was rioting in O'Devaney Gardens, where gardaí were effectively imprisoned for periods of time and a number of unoccupied flats were set on fire. The Dublin Fire Brigade service was called out to 800 incidents in the city and the ambulance service attended over 500 calls. All of that cost the taxpayer well over €1 million. Something in the region of 100 tonnes of tyres and pallets were seized by Dublin City Council officials and gardaí.

The situation is that in an area in the heart of the city of Dublin, Hallowe'en is an excuse for rampage and mayhem rather than an opportunity for good-natured or religious festivities. We need to consider carefully the case of the coming Hallowe'en. What makes the situation worse this year is that Hallowe'en falls on a Saturday and we will end up with an entire weekend of late night activities and bonfires of tyres, which are environmentally damaging, at all hours of the day and night. To compound the problem on this occasion, fewer resources are available. The Garda Síochána has already indicated to me that the local authority has not got the resources to provide trucks to pick up the tyres and pallets that will be hoarded over this month for Hallowe'en. If there are much greater quantities of flammable material than in previous years, it does not require any great effort to imagine that the situation will be worse than it was in previous years, particularly last year.

It is almost as though Hallowe'en is an excuse — a culture, almost — for young people to engage in these activities and to do so in conjunction with alcohol. Many youngsters who would not normally be seen with cans or bottles in their possession are seen with them around the bonfires. We must carefully consider the issues concerning off licences. I know off licences close at certain times on St. Patrick's Day and this may be something to consider.

The fact is that fireworks are legal in Northern Ireland but illegal in the Republic and we all know they are bought very easily along the Border. What level of Garda activity will be undertaken in this area? Those who do not recycle their tyres but leave them readily available for young people to take must be prosecuted. It happens all the time in the lead-up to Hallowe'en that tyres, which cost a certain amount of money to be recycled, are left available by garages and other outlets to be stolen.

In the interests of our emergency services who do good work, and of the elderly and young people, it is time to put in place adequate policing facilities and recreational facilities for young people to ensure that we do not have more than mayhem at Hallowe'en, as the situation could easily result in a fatality if we do not take adequate care.

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Moloney)

I apologise to Deputy Costello for the absence of the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, this evening. I thank the Deputy for raising this matter on the Adjournment. The Minister shares his view, and that of communities throughout the country, that anti-social behaviour at Hallowe'en must be prevented to the greatest extent possible and kept under control.

The Garda authorities take proactive steps each year to combat anti-social and criminal behaviour around Hallowe'en by putting specific provisions in place and will do so again this year. Particular attention will be paid, especially in the Dublin metropolitan region and Border divisions, to prevent and detect the organised importation for sale of fireworks in the lead up to Hallowe'en. Since the enactment of the Criminal Justice Act 2006, it is an offence for any person to possess a firework with intent to sell or supply, without a licence; to throw an ignited firework at any person or property; and to light unlicensed fireworks in a public place. The penalties for those offences have also been significantly increased.

Proactive policing arrangements will be in place to cover the period up to, and the night of, Hallowe'en. Additional patrols will be carried out, as considered necessary by Garda management, by uniformed personnel as part of high-visibility policing initiatives, supported by district detective and drug units, divisional crime task forces, traffic corps personnel and community policing and mountain bike units.

The Garda Síochána also engages with local communities, local authorities and other stakeholders, such as Dublin Bus, in putting plans in place to address issues that arise around the Hallowe'en period. It puts liaison arrangements in place for the removal of identified stockpiles of combustible materials. Through the schools programme and other local programmes, members of the Garda Síochána publicise the message that fireworks are illegal and highlight the dangers associated with illegally imported fireworks. Gardaí also advise managers of off-licences to ensure that their staff are made aware of their obligations under licensing legislation relating to the sale of alcohol, in particular to under-age persons.

Members of the Garda Síochána from local community policing units ensure that any information received regarding bonfires and other anti-social behaviour is acted upon in advance of Hallowe'en. During this period additional public order patrols will, as necessary, be directed to pay particular attention to areas where anti-social behaviour and drinking in public might occur.

More generally, all members of the Garda Síochána proactively target public disorder and anti-social behaviour. Areas identified as public order hot spots by local Garda management are the subject of additional foot and mobile patrols. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately in accordance with the law. More than 643,000 offences have been detected since the commencement of Operation Encounter by the then Commissioner in February 2002 to target public disorder and anti-social behaviour against the local and business communities, with particular emphasis on alcohol-related behaviour.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in that regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In addition, the Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

The Intoxicating Liquor Act 2008 gives further powers to the Garda to tackle misuse of alcohol, which is too often at the root of crime and anti-social behaviour. Gardaí now have the power to seize alcohol in the possession of under-18 year olds which they suspect is for consumption in a public place. They can also seize alcohol where they reasonably believe there is a danger of public disorder or damage to property and require a person to leave the place. They also now have the power to issue fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place. These notices will lead to a more efficient and effective use of Garda resources and avoid court proceedings where an offender pays the penalty.

The Criminal Justice Act 2006 strengthened the Criminal Justice (Public Order) Act 1994 to make it an offence to assault, or to threaten to assault, or to impede medical personnel in a hospital, people assisting such personnel, a member of the Garda Síochána, a prison officer and a member of the Defence Forces, members of the fire brigade and ambulance personnel.

I am confident that the Garda Commissioner will deploy the considerable resources of personnel and equipment available to him to combat the anti-social behaviour which unfortunately is apt to take place during the Hallowe'en period.

Community Development.

Deputy Simon Coveney

I spoke to the Minister with specific responsibility for this area yesterday evening and he explained that he would not be able to be here this evening. I understand I will have an opportunity to meet him next week to discuss the matter. I wish to put a number of issues on the record. I look forward to the official response from the Minister in writing.

I am very concerned at the current plans to essentially dismantle the community development project infrastructure across the country and to amalgamate those projects into regional and local partnership schemes. A number of years ago there was an independent assessment of the CDP, community development project, structure. It was highly complimentary in terms of value for money because the vast majority of people linked with community development projects are volunteers.

For anyone who is not familiar with the structure, essentially, an administrator and a project co-ordinator are put in place in the heart of a community to work with local voluntary groups in the areas of youth work, adult education, re-training, development skills for interviews or CV preparation, and care of the elderly. It is the job of the co-ordinator and administrator to assist voluntary groups to develop their capacity and skill base locally.

In my constituency there are two CDPs, one in Ballyphehane-Togher and the other in Mahon. The one I am most familiar with is in Mahon. There are eight CDPs in Cork. What the Minister seems to be proposing, which is bizarre, is to amalgamate all eight of those CDPs into one partnership model. The partnership offices are on the north side of Cork city in Blackpool. It would be one thing if that solution were the result of an evaluation process but we are in the middle of an evaluation process of CDPs, yet the Minister has announced what will be the new structure. That does not make sense to me.

I do not think anyone would have a problem with an assessment of CDPs, of which there are 180 across the country, in terms of delivering value for money in communities. Some of the 180 projects probably need to go. New areas have probably developed in the past five to ten years that need new CDP structures put in place. Nobody has a problem with the Minister seeking value for money and requiring a cut in expenditure and costs, but what I do have a problem with is the Minister prescribing a new structure before the evaluation process is complete as, in essence, he is giving a signal to the people carrying out the evaluation as to what he wants them to determine at the end of that process.

One cannot get the same value from local community structures if one amalgamates them into a regional management entity because one takes away locally based decision making power, the capacity to make decisions quickly, the taking into account of local concerns and responding to local concerns. The cost to the Department of the two employees in the community development project in Mahon is, I understand, approximately €130,000 per annum. However, through their fundraising efforts with other local voluntary groups, these individuals generate more than €250,000 from other sources, including Departments. They are a catalyst for successful, efficient and improved voluntary services in the Mahon community. We need these types of services more than ever for obvious reasons. I appeal to the Minister to reconsider his approach towards community development projects to ensure that we can keep what has been a great success in empowering local communities from a structural point of view.

Deputy John Moloney

I apologise again for the Minister's absence. The Deputy will recall that the Department of Community, Rural and Gaeltacht Affairs was established against a background of concern at the multiplicity of structures and agencies through which local and community development schemes and programmes are delivered. The Department inherited many local and community programmes that were established and operated under different Departments. There was an inherent danger of fragmentation of services and diffusion of resources. The cohesion process initiated by the Minister to address these concerns resulted in a dramatic reduction and simplification of local delivery structures for a range of rural development and community development programmes.

The Department still has a wide agenda of reform to advance. The next phase, now under way, concerns improving and joining up the outputs from programmes, as well as further consolidating structures. The local development social inclusion programme, LDSIP, and community development programme, CDP, are the Department's two main social inclusion-community development programmes. Both have a community development element and are delivered through separate local delivery structures.

The Minister of State, Deputy John Curran, has indicated that his strong view is that a single focused programme with a single integrated delivery structure is needed to maximise the impact of these two programmes which serve disadvantaged communities. The Centre for Effective Services is preparing proposals for the Minister in this regard, which will draw on good international practice and independent advice. The Minister hopes to receive these proposals in the near future with a view to rolling out a new programme early next year.

The Minister's overall aim is to ensure that, from 2010, disadvantaged communities will benefit from a more focused programme with clear objectives and simplified and streamlined delivery structures, leading to significant administrative savings and impact efficiencies. In advance of proceeding to establish a single programme across community development projects and partnerships, the Department has initiated an evaluation of individual CDPs. Many of these projects span two decades, with diverse activities. The Minister hopes to have proposals from his Department in the near future.

The Minister envisages that the main elements of the new integrated programme will comprise a small number of unambiguous goals to be achieved through clearly articulated outcomes for disadvantaged communities. Continuous evaluation and measurable targets will also be key features of the new programme, which the Minister hopes to launch for early 2010. While he cannot be specific at this stage about the impact on specific bodies in particular areas, disadvantaged communities will benefit from a more focused programme with clear objectives and simplified and streamlined delivery structures.

Turbary Rights.

Deputy Paul Connaughton

I place on record the disgust, annoyance and downright opposition of thousands of turf cutters to the impending decision to prevent them from cutting their turf on their bogs for domestic purposes. In recent months, large numbers of people — up to 400 people — have attended meetings all over the west to protest in the strongest possible manner about the cessation of turf cutting on the 32 raised bogs under the EU habitats directive. Thousands of signatures have been collected, acres of space have been given to this problem by local media and local radio extensively covers the many and varied objections rural people have to this atrocious attack on their personal lives.

This is not an ordinary protest where people slowly retreat into the background when they have made their point. Turf cutters are prepared to make concessions and have no major problems in having the various bogs taken over under the EU directive, provided their plots of turbary are left for turf cutting for domestic purposes. Surely in bogs such as my own at Carnagopple, Mountbellew, County Galway, which extends to almost 1,100 acres, of which no more than 60 acres are used for domestic turf cutting, it is possible to come to an agreement to acquire the 98% of the bog that is unused without interfering with the turf cutting area.

I ask the Minister to revisit the primary European legislation, the habitats directive, with a view to having its transposition into Irish law scrutinised in an effort which would allow the Government to meet its commitments under the directive, while providing flexibility to allow existing turf cutters to cut domestic supplies of turf. I strongly suggest that great thought and negotiation skills be employed to deal with this problem as otherwise what I and all other turf cutters believe is an unjustified attack on the history and customs of rural Ireland will provoke great contention, anger and opposition.

On a commercial basis alone, given the dreadful mess our economy is in, one must ask the reason the European Union or a national government would want to prevent people from supplying their own domestic fuel supplies at a time when the price of imported oil is steadily rising to a record level. The Exchequer does not have a red cent to pay for anything, without resorting to the use of taxpayers' money to pay turf cutters for bog they do not want to sell. I call on the Minister to take this issue seriously because if flexibility and goodwill are not shown to turf cutters, there will be great opposition to the confiscation of the bogs next spring.

Deputy John Moloney

I am pleased to take this Adjournment on behalf of my colleague the Minister for the Environment, Heritage and Local Government.

Ireland's raised bogs are important and unique habitats hosting ecosystems that are extremely rare. In recent history, almost all of western Europe's peatlands have disappeared or been severely damaged. While Ireland has around 60% of the remaining uncut areas, less than 1% remains of Ireland's active raised bog, that is, raised bog on which indigenous flora are still growing and peat is forming.

Ireland is required to protect habitats of European importance under the habitats directive of 1992. Active raised bog is a priority habitat under the directive. It is also protected under our own legislation, the European Communities (Natural Habitats) Regulations 1997 in respect of special areas of conservation and the Wildlife (Amendment) Act 2000 in respect of natural heritage areas. Turf cutting is scheduled to end at the end of the current season on 32 raised bog special areas of conservation. Outside these 32 bogs, cutting may continue as normal. This means it may continue in the vast majority of areas. In particular, blanket bogs which comprise most of the areas of peatland are not affected by the arrangements. Of the 1,500 to 1,600 raised bogs in the State, only 130 bog complexes are designated and turf cutting is to cease in 2009 on only 32 of these bogs. This approach is in accordance with the ending of a ten year period of grace given by the Minister for Arts, Heritage, Gaeltacht and the Islands in 1999. The grace period was designed to allow turf cutting for domestic purposes to continue on these special areas of conservation for up to 10 years while domestic turf cutters found an alternative source of fuel. A similar ten year derogation still applies to bogs designated after 1999.

When natural heritage areas were designated in 2004, under an agreement with the farming organisations another ten year derogation was put in place allowing cutting for domestic purposes in these areas until 2014. However, since then, a review of the state of our bogs — an examination on the ground — has revealed severe and continuing damage by domestic turf cutters. In the ten years since commercial cutting was ended in designated areas, some 35% of the remaining area of active raised bog has been lost through domestic cutting and its associated drainage. We are losing a further 2% to 4% of our remaining active raised bog per annum.

The overall scientific assessment of this habitat is "unfavourable, bad", which is the worst of three categories. European Union member states which report such unfavourable habitat status must take measures to ensure improvement. In light of the scientific evidence, it is clear that continued turf cutting on these sites is not compatible with their preservation.

Since 1999, the Government has actively encouraged the cessation of domestic cutting by buying traditional turf cutting rights through a voluntary scheme of compensation. This covers SACs and NHAs.

Earlier this year an interdepartmental working group on the cessation of turf cutting in designated areas began examining all the implications of cessation, including the question of replacement fuel sources. It invited and received submissions from interested groups and individuals. In the past few weeks it met representative groups concerned with turf cutting and with groups concerned with protection of the bogs. It is due to report, with recommendations, later this year.

The Minister for the Environment, Heritage and Local Government, Deputy Gormley, appreciates that this is an issue of concern to a number of Deputies, particularly in regard to the impact any cessation might have on those who rely on their bog plots on designated sites as a source of fuel. This is a central consideration of the interdepartmental group and will be fully considered in its advice on how the Government should meet its obligations regarding protecting at least a portion of what remains of this irreplaceable part of Ireland's and Europe's natural heritage.

Schools Building Projects.

Deputy Lucinda Creighton

The recent and impending cuts in the education field are of concern to everybody on both sides of this House. In this case it is encouraging that there is a potential solution on the horizon. I wanted to bring this matter to the House and put it on the record. I intend to speak to the Minister directly in the coming weeks.

There is a profound and severe lack of primary school places in the Donnybrook parish area. There is huge pressure on St. Mary's national school, which is located on Belmont Avenue, for a number of reasons. I understand in the current school year some 60 pupils were turned away — they were just the ones who went to the bother of applying for a place. It is well known in the area that there is major pressure for places for junior infants on the school. The reason is that a school in Miltown was closed due to the sale of institutional lands there. There is no English-speaking primary school within the parish of Beechwood, so there is major pressure from neighbouring parishes to access places in St. Mary's school.

It is an excellent school of the highest possible quality, with excellent teaching staff and very encouraging results, but there is huge pressure on it. There is an onus on the Department of Education and Science to find a solution, that is, an alternative site for the school. It has been sanctioned for an upgrade, although I do not know if the funding for it will come down the track. An extension was sanctioned for the school to be built upwards as the existing site is inadequate and cannot be expanded in terms of square footage. However, that is currently parked.

Even if it were to go ahead, it is not a satisfactory solution because there is no space to expand the play area. The idea of accepting additional students to a school which does not have the facilities to accommodate them is not a realistic solution. However, there is a potential solution. RTE has a massive site comprising 32 acres in Donnybrook and is currently proposing that Dublin City Council agree to rezone the site from Z15 for institutional use to Z10, a much broader use, to enable it to develop its lands and allow for the development of commercial, retail and residential units on the site.

There is an opportunity because RTE is very keen to develop the site and there seems to be a willingness from it to entertain the idea of giving something back to community. There is not only a willingness and a preparedness to do that, but there is also an obligation under the Planning Acts that there be community gain through the process of any such development. In this area the form of community gain, which would be recognised as essential by all parties and almost all of the local residents, would be a school, which is a top priority. This is not something which has been proposed by parents of children in the school but by all generations, young and old. Everybody identifies this as a real crisis issue for the area and one for which there is a potential solution at hand.

There is an obligation for community gain. Having had discussions directly with RTE and the city councillors for the area, I found there is a willingness to examine the proposal. We now need some sort of action. The Minister for Education and Science, Deputy O'Keeffe, has a very important role in recognising that there is an opportunity to secure a site for the area and there is a need for him to be proactive, creative and seek a solution to the problem and challenges which face the area in terms of the primary school. The opportunity presents itself in terms of RTE and the onus is now on the Department of Education and Science and the Minister for Education and Science to be proactive in the area and speak with RTE. The barriers between Departments should not be allowed to cause an unnecessary blockage in the system.

Deputy John Moloney

I recognise the Deputy's involvement in progressing the site identified in advance of coming into the House. I am happy to respond on behalf of the Minister, Deputy O'Keeffe, and I want to thank the Deputy for raising this matter. It gives me the opportunity to outline to the Dáil the Government's strategy for capital investment in education projects and also to outline the current position in regard to the school referred to by Deputy Creighton, namely, St. Mary's national school, Donnybrook, roll number 19727G. Modernising facilities in the Department's existing building stock as well as the need to respond to emerging needs in areas of rapid population growth are significant challenges. The Government has shown a consistent 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.

The forward planning section of the Department of Education and Science has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social and Family Affairs in addition to recent schools' enrolment data. The study indicates that the requirement for additional primary provision in 2010, 2011 and 2012 is likely to be greatest in more than 43 selected locations across the country, based on significant changes to the demographic profile of those areas. This information has been circulated to all existing school patrons who have been invited to bring forward proposals for the expansion of existing schools or indeed to put themselves forward as patron for any new primary school, should it be required.

The requirement for the establishment of new schools will of course be lessened where it is possible to expand and extend existing schools in those areas. The forward planning section of the Department is in the process of carrying out an analysis of each location to identify the school accommodation requirements up to and including the school year for 2014 to 2015. When the required reports have been completed for these initial areas selected, the forward planning section will continue to work on preparing reports on a priority basis for the remainder of the country which will include the Montrose and Donnybrook area.

Currently the school referred to by Deputy Creighton has a project in architectural planning to extend and refurbish the existing school on Belmont Avenue. The refurbishment project has been assigned a band 2.1 rating. This project is at an early stage of architectural planning and additional information to the addendum of the first stage submission is currently awaited from the design team.

Some 256 pupils are enrolled at St. Mary's national school. The school has eight classes, two of which are based in prefabricated classrooms. When the current project has been completed, the school will have nine mainstream classrooms. The brief for the project includes the conversion of some existing classrooms to ancillary accommodation and their replacement with four new full-size classrooms which will be provided as additional accommodation. A degree of additional ancillary accommodation will also be provided. The Minister met a delegation from the board of management of the school, including its chairperson and its principal, on Tuesday of this week. At the meeting, the school authorities informed the Minister of their tentative exploration of the possibility of acquiring a site within RTE's Montrose campus for the development of a new school. This was the first time such a proposal was brought to the attention of the Minister or the Department. The representatives of the school were at pains to stress that it is a tentative prospect at best. Indeed, the proposal from the RTE Authority to seek rezoning of the Montrose site is at an early stage. The school authorities clearly stated that their priority is to make progress with the refurbishment project on the existing site. They added that they do not wish to follow a dual-track approach that might cause the project to be delayed. As the meeting concluded, the school authorities once more expressed their clear commitment to pursuing the refurbishment project at the existing school site. I thank Deputy Creighton for giving me an opportunity to outline to the House the current position with regard to the building project at St. Mary's national school in Donnybrook.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 13 October 2009.