Vol. 694 No. 1
78 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform if he will review and revise the national disability strategy in view of the postponing of the implementation of legislative elements of the strategy; and if he will make a statement on the matter. [40363/09]
The key elements of the national disability strategy are the Disability Act 2005, the Citizen's Information Act 2007, the Education for Persons with Special Educational Needs Act 2004, sectoral plans and a multi-annual investment programme targeted at high-priority disability support services to run until 2009. The strategy is, in large measure, being implemented. Implementation continues to be monitored by the national disability strategy stakeholders monitoring group chaired by the Department of the Taoiseach.
The Deputy will appreciate that whereas the Department of Justice, Equality and Law Reform has responsibility for the co-ordination of the strategy, other Departments are designated with responsibility for particular legislative provisions. However, I can state in general the following.
All sections of the Disability Act 2005 have been commenced. Part 2 of the Act, which provides for all children with disabilities an entitlement to an independent assessment of health and education needs, was commenced on 1 June 2007 for children under five years of age. It had been intended to have the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004 fully implemented during 2010 in respect of children between five and 18 years of age. This would have required significant additional investment in 2009 and 2010 to prepare the education and health sectors for the operation of the legislation and to support the statutory processes that would be required. In the light of the current financial circumstances, it has become necessary to defer further implementation of the two Acts. The Government will keep this matter under review and is committed to the full implementation of both Acts at the earliest possible date.
The statutory basis for the introduction of a personal advocacy service under the Citizen's Information Board was provided for in the Citizen's Information Act 2007 but it was not possible, due to budgetary circumstances, to proceed with the service in 2008 as planned and this remains the case. The provision of an advocacy service remains a priority for the Government, the Department of Social and Family Affairs and the Citizen's Information Board. The board has developed a community and voluntary sector advocacy programme for people with disabilities and has funded 46 separate advocacy projects. Up to the end of October 2009, 5,550 members of the public had availed of the services provided by the projects.
Additional information not given on the floor of the House.
Sectoral plans, also provided for in the Disability Act 2005, are an integral part of the national disability strategy. They contain the service delivery and implementation arrangements of six Departments. The sectoral plans were published in December 2006 and in accordance with the provisions of the Disability Act, they are due to be reviewed and progress reported by the end of the year. The National Disability Authority is assisting with the process of the reviews and representatives of people with disabilities are involved in consultation with the Departments and with the authority. There is no doubt that Ireland is faced with a particularly difficult and uncertain point of economic transition which requires re-prioritisation of public expenditure. Nevertheless, the Government and social partners have confirmed their commitment to work towards the long-term goals set down in Towards 2016 for each stage of the life cycle, that is, children, people of working age, older people and people with disabilities.
The national disability strategy as endorsed by the Government and social partners in Towards 2016 continues to be the focus of policy. Implementation of the strategy is prioritised in the renewed programme for Government and will continue to be monitored rigorously. The Government will ensure that the national disability strategy is driven and managed from a whole of Government perspective and will continue to prioritise and protect this important area of Government policy.
Does the Minister of State agree that the disability strategy is now in tatters? He has already outlined the key elements of the strategy, including the Disability Act, the EPSEN Act and the Citizen's Information Act. The carers' strategy is also gone and we are still waiting for the mental capacity Bill. Departmental plans have been delayed. Is it not time for the Government to come forward with a realistic strategy and stop the bluffing that is going on and the pretence that something is happening?
Why did it take the Department so long to supply figures to me on the amount of money spent in this area? How much money has been spent since 2006 in the area? I reckon it is only about €490 million out of a promised €900 million. The Department of Health and Children is all over the place and is short by approximately €100 million on its spend. I only got those figures about an hour ago but I asked the questions of the Minister six months ago. There is great disparity in the figures so will the Minister of State explain them?
I do not think there is great disparity in the funding. If the Deputy had the chance to read the renewed programme for Government, he would see that the Government has again committed to supporting the national disability strategy.
How much?
I will come to that. It is also important to make the point that not alone is the Government supporting it in words, it has committed to a disability strategy based on the possible effects of the recession. This has been accepted by the disability groups, most of whom I have met.
On the funding, while we could not support the EPSEN Act fully last year, some €10 million was put specifically into services for people with disabilities. It was ring-fenced and provided 125 therapists. The figure being spoken about by the Deputy is in excess of €800 million. The requirements under the Disability Act are being met.
With regard to the delay in providing the funding figures to the Deputy, it is a very busy Department that stretches across 633 groups in the disability sector. There is no device to withhold information and there is the matter of pulling that information together from the many sectors involved.
I understand it is difficult. Will the Minister of State consider these figures and come back to me with a comprehensive and easily understood table of figures because I cannot follow the figures provided to me at all? Hundreds of millions of euro are missing. It took six months to get the figures to me, but they are still not right.
Last year, €17 million in current funding that was supposed to be for disability services was handed back to the HSE and the Department of Health and Children. Why was that money not spent? Is the Government taking this matter seriously? In 2006, current spending on disability services was €71 million. The estimated out-turn for this year is €3.6 million, which shows that the budget in this area has been filleted. How will these people survive? I ask the Minister of State to take this issue by the scruff of the neck. He should give this House the information, which I asked for six months ago, in clear and comprehensible tabular form. The people in question are insisting that they are not getting the money or the services. Is it not time for the Minister of State to supply the clear information I asked for six months ago?
Since my appointment, I have been meeting at least three or four disability groups every week. I have made it clear to them that I intend to introduce a value for money reform programme to ensure that the moneys saved in the disability sector will remain in that sector. I have also made the groups aware——
It is not happening.
I am trying to respond to the Deputy in the interests of transparency and openness. I have advised all the groups that I am prepared to meet them individually in a public forum to debate these issues and answer queries like those raised by the Deputy. The disability sector will always recognise the fact that whereas the Department might not be to the fore at all times when it comes to providing money, it is to the fore when it comes to providing information. The bottom line is that I have agreed a date to meet all the groups, to explain the value for money process and, most importantly, to explain the Government's commitment to retaining its belief in the national disability strategy. That meeting will be held sometime in the next two or three weeks.
Will the Minister of State give the House the figures I asked for six months ago?
I will.
79 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the number of senior Garda officers who have sought early retirement from An Garda Síochána in the past six months, in 2009; if those retiring will be replaced; and if he will make a statement on the matter. [40338/09]
109 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform the number of applications received to date in 2009 in respect of early retirement from members of the Garda, broken down by rank; the way this compares with the same period in each year from 2002; his views on reports that a significant number of senior gardaí are planning to take early retirement; the implications of such retirements for policing; and if he will make a statement on the matter. [40148/09]
282 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his plans to ensure that positions made vacant through members of the Garda Síochána retiring are filled; and if he will make a statement on the matter. [40372/09]
I propose to take Questions Nos. 79, 109 and 282 together.
I have been informed by the Garda Commissioner that the numbers of applications from members of the Garda Síochána to retire, voluntarily or on age grounds, that have been received so far in 2009, along with the numbers of members of the force who retired in each year from 2002 to 2008, are as set out in the table that follows this reply. Practically all Garda retirements, whether they occur early or late in a member's career, are voluntary, in a technical sense, in that they do not occur on the last day of potential service. An exceptionally small number of members of the force choose to serve until the day on which they must retire compulsorily on age grounds. In summary, the figures show that the number of such voluntary retirements was 234 in 2002, 252 in 2003, 323 in 2004, 284 in 2005, 238 in 2006, 177 in 2007, 243 in 2008, with 708 applications so far in 2009.
It is clear that the current rate of retirements represents an appreciable increase on previous years. It must be remembered that the retirement age for the ranks of garda, sergeant and inspector was increased by three years, to 60, in 2006. Three years on, we may be seeing an element of deferred retirements. It is significant that even with this trend of increased retirements, 2009 will see an overall increase, to 14,716, in the number of attested gardaí with full police powers. The number of personnel who will become attested this year — over 900 — significantly exceeds the anticipated rate of retirement.
My top priority is to maintain the crime-fighting capacity of the Garda Síochána. The Garda Commissioner, who is mindful of the general moratorium on public service appointments and the need to make a strong case for any exceptions, has carefully assessed the capacity available to him at a senior level within the force. The Commissioner's approach has been to identify those posts which are especially important for operational policing. As a result of submissions to me from the Garda Commissioner and following agreement with my colleague, the Minister for Finance, the Government has confirmed the appointments of three chief superintendents, ten superintendents and two assistant commissioners since the introduction of the moratorium. The Commissioner is carefully monitoring the situation and will continue to assess the policing capacity available to him in light of ongoing developments. My officials and I will remain in close touch with him to ensure he continues to be in a position to maintain a viable command structure.
|
Rank |
2009 |
2008 |
2007 |
2006 |
2005 |
2004 |
2003 |
2002 |
|
Commissioner |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Deputy Commissioner |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Assistant Commissioner |
3 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Chief Superintendent |
12 |
0 |
0 |
3 |
2 |
2 |
0 |
5 |
|
Superintendent |
28 |
2 |
7 |
8 |
8 |
4 |
1 |
6 |
|
Inspector |
31 |
13 |
6 |
9 |
10 |
6 |
6 |
9 |
|
Sergeant |
170 |
52 |
36 |
54 |
62 |
66 |
39 |
48 |
|
Garda |
464 |
174 |
128 |
162 |
202 |
244 |
201 |
168 |
|
Total |
708 |
243 |
177 |
238 |
284 |
323 |
252 |
234 |
Is the Minister concerned about the loss of experience and expertise to the Garda Síochána, especially from its senior ranks? Can he guarantee the House that front-line services will not be affected? When gardaí retire from the front line, those positions should be filled rather than left vacant. Can he give any reason, apart from the 2006 change in the retirement age, for the increase in retirements? Does he agree that gardaí may be retiring because they are worried about the possibility of lump sum payments being taxed in the future? Is that a factor?
Can the Deputy remind me what his first question was?
I asked about the possibility of expertise being lost to the force as a result of the retirement of senior gardaí.
Every organisation has to renew itself. There is no doubt that new people bring new energy, new ideas and new knowledge.
Does the Minister think that applies to the Government?
I refer to the use of technology, for example. I have given the House figures to demonstrate that more people are joining the Garda Síochána this year than are leaving the force. The number of gardaí in the State will reach an all-time high of 14,800 later this year, despite the fact that the number of retirements will be greater than it has been in previous years, as a result of the commitment of the Government over recent years to increase the strength of the force. It is clear that the effects of the moratorium on recruitment will be kept under review. I have mentioned that the Government has agreed to make an exception to the moratorium in line with the case that was made to the Minister for Finance. It has sanctioned the filling of a number of senior positions to ensure there is a proper command structure. The Garda Commissioner and I are satisfied that the force has the required resources. We will keep the situation under review.
The Minister referred earlier to the number of gardaí on the ground. Dundalk must be very well supplied with gardaí if the Minister thinks there are many gardaí on the ground. If the Minister visits my constituency, he will not see many gardaí on the ground. The gardaí in my area are entirely over-stretched in terms of numbers, etc. I do not know how the Minister can be so complacent. Is it not the case, on the basis of the figures the Minister has given the House, that more than three times the average number of gardaí will retire from the force this year, the end of which we have not reached? If three times as many gardaí plan to retire in 2009 as in any of the previous seven or eight years, we cannot say it is not an unusual phenomenon. If the Minister for Finance does not intend to tax the lump sum, would it not be helpful for him, or the Minister for Justice, Equality and Law Reform, to make a statement to that effect at this point, in the interests of helping the Garda to retain its experience and expertise?
It was suggested by the Commission on Taxation — it may have been in the McCarthy report — that in the case of a public sector lump sum of over €200,000, the balance of the gratuity over that amount should be taxed. I suspect that the vast majority of gardaí would not be affected by such a move. It is probable that those at the very top of the Garda are the only people in the force who receive gratuities of over €200,000. If the recommendation in question were to be implemented by the Minister for Finance in the forthcoming budget, I can hazard a guess that it would not affect anyone.
I am not answerable for the life choices made by individual gardaí when they are contemplating whether to retire. If a garda has completed 30 years of service and has reached the age of 50, he or she can retire. In such circumstances, he or she will receive a pension of half of his or her existing salary for the rest of his or her life, along with a tax-free gratuity of one and a half times his or her salary. People have to make their own choices.
On the general issue, I accept that the current level of retirement is unprecedented. Equally, there has been an unprecedented level of recruitment to the Garda Síochána. The net figures for this year will show that Garda numbers are going up. The McCarthy report did not indicate that there should be a reduction in Garda numbers.
I remind Deputy Rabbitte that his party colleague, Deputy Sherlock, recently said we cannot bury our heads in the sand. He suggested that the Government should actively deal with the public sector wage bill. He specifically referred to the need to examine allowances and practices within the HSE and the Garda. The Labour Party is having it every way, to a certain extent. It is complaining that there are not enough gardaí while Deputy Sherlock is making comments like those to which I have referred. Equally, Fine Gael is calling for extra this and extra that at a time when Deputy Bruton is saying we should be curtailing expenditure.
I call Deputy Rabbitte for a brief supplementary question after which I shall call Deputy Joe Carey.
I am concerned that the Minister might have left the impression with senior gardaí in anticipation of retirement and indeed wider than that through the entire public sector that they might relax now and take the Minister's assurance as an assurance that the lump sum will only be taxed in excess of €200,000. I would be concerned that the Minister would have an opportunity to clarify that because he could be the cause of a wave of complacency throughout the public service if they said that a senior Minister of such rigorous composure as the Minister Justice, Equality and Law Reform assures public servants that they will only be hit if the lump sum exceeds €200,000. Perhaps the Minister might thank me for giving him the opportunity to make plain that that is not what he meant. On the other hand if it is what he meant, it is fair that the public service and its unions should know it now. It might be helpful in the context of the discussions going on with the Taoiseach and others at Government Buildings.
I do not need Deputy Rabbitte to help me in any shape or form.
That is what I am here for.
Perhaps the Deputy did not read the report of the Commission on Taxation. That report stated that any gratuity in excess of €200,000 should be taxed and that anything less than €200,000 should not be. If the Minister were to implement that, it would not affect any of the gardaí, apart, perhaps, from the Garda Commissioner and a few assistant commissioners.
I call Deputy Joe Carey.
I think that is helpful.
Deputy Rabbitte should let Deputy Joe Carey in.
Perhaps the Deputy should read the report of the Commission on Taxation and not use it as a doorstop.
Deputy Joe Carey has been called.
I can assure the Minister that I have read it. I can also assure him that I read the McCarthy report, which is not something one would divine from hearing the Ministers who sponsored and paid for it, and have since disowned it.
I want to allow Deputy Joe Carey in before we move on.
It is important to record again the assurance from the Minister that it is very unlikely that anything other than the recommendation of the Commission on Taxation——
I did not say that.
——will be implemented in the case of retirements.
The record stands as the record stands.
I think that will be helpful.
I did not say that.
I have listened to the Minister respond. Does he agree that there is an enormous age profile disparity? Of the 181 Garda superintendents, 101 have spent more than 30 years in the service and are eligible for early retirement. On the other hand 40% of the force have less than five years' experience. A crisis is emerging, which the Government has caused. Gardaí are running out of the force; there is a brain drain. What is the Minister doing about it?
The Minister is sitting on the fence.
Based on the Minister's figures there will be a trebling in the loss of knowledge from the Garda Síochána in the current year. Given that specialist units such as CAB, the new armed unit and so forth needed to be developed, how many gardaí are carrying out day-to-day general policing duties on the ground? In my constituency and in every other constituency we are not seeing a dramatic increase in the number of gardaí on the ground carrying out day-to-day Garda duties as the Minister seems to have in County Louth.
If the Deputy tables a parliamentary question he will discover that in every division there has been an exponential increase in gardaí, including in the Deputy's constituency. I would put on a bet with him that the numbers have increased in his area.
The Minister should come down and I will show him where thieves are running amok due to the mess that has been made because of Garda division anomalies.
The numbers of gardaí this year will reach a record high of 14,800.
It is a farce. I warned at the time but no one listened.
If the Deputy remembers Enda's famous contract——
The college is empty.
I am not being allowed to answer, a Leas-Cheann Comhairle.
Allow the Minister to reply.
Enda's famous contract suggested that if Fine Gael got into government it would increase the garda numbers to 15,000 by 2012. We will reach it in 2009.
Does the Minister want to take a bet on that outside the House?
The college has closed down.
Exponential.
Deputy Rabbitte should go and read that report.
Written Answers follow Adjournment Debate.
