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Dáil Éireann debate -
Tuesday, 26 Jan 2010

Vol. 700 No. 1

Adjournment Debate.

Turbary Rights.

In the five minutes at my disposal I shall condense a subject that one might spend two hours discussing. I raised the matter many times in this House but never in the teeth of the situation that pertains today. As I understand it, under an EU Habitats Directive, on 1 January 2010 the derogation ran out for turf cutters on 32 designated bogs. This means that thousands of Irish turf cutters — I count myself as one — will be shunted off our bogs this coming summer. We find it extremely difficult to understand how any Government or European Union bureaucrat would organise a scheme whereby ordinary turf cutters are not allowed to cut their own domestic supply on their bogs at a time when the price of a barrel of crude oil is rising by the day and we are in the middle of the worst recession since the 1930s. It is unbelievable that a Government would stand for this carry on.

I am delighted the Minister of State, Deputy Killeen, is present but am equally sorry the Minister concerned, Deputy Gormley, to whom we spoke during a previous debate, is not in the House. This is his watch.

Only a fraction of these bogs are cut. I can only speak for the bog I know best, Carnogopple in my parish. It measures 1,200 acres, of which the State owns almost 1,000. The turf cutters control only 120 acres and cut perhaps only an acre or and an acre and a half between them every year. It is against that background that we cannot understand why we cannot be allowed to continue to cut our 10% of the bog as we have been doing for generations while the other 90% is subject to conservation. The same situation applies to most of the other 31 bogs over the country but primarily those in the west of Ireland.

In the 1930s my grandfather got a small holding of land from the Land Commission, as did thousands of other Irish farmers. That body was so far seeing at the time it ensured that every man around the country like my grandfather got an acre of bog. It was sustainability, that big word of the Green Party nowadays. It ensured they could have their cooking and heating as part of the overall package of their everyday life. They had no need of imported fuels. In the fullness of time my grandfather transferred the right to my father who, in turn, transferred it to me. I am in a lucky position. I have a son to whom I will transfer my right and am equally delighted to say I have a grandson to whom I hope it will go in the fullness of time. I will not be the weak link in that generation chain and allow the bureaucrats of Brussels or the Government stop us from doing something that is so very traditional and so very Irish. It has almost no effects on climate change or on anything of that kind.

Because of who he is and where he comes from, I know the Minister of State, Deputy Killeen, will understand fully what I am talking about. If he got half a chance he would echo my exact words. I genuinely believe that the thousands of people who will be discommoded will not allow this to happen, on model grounds. They will cut their turf this year in the ordinary way and will believe themselves within the law, as I believe they — and I — will be. The Minister set up an interdepartmental committee last September. We have heard nothing from him and I want to know where we stand because there are only six weeks to go before the start of the turf cutting campaign.

I understand the Deputy's desire to raise this matter which is obviously of concern to turf cutters affected by the cessation of cutting.

In 1999, 32 raised bog special areas of conservation, SACs, were designated. At that stage the Minister for Arts, Heritage, Gaeltacht and the Islands ended commercial turf cutting on these sites but allowed turf cutting for domestic purposes to continue for up to ten years from the date of designation. This was intended to allow turf cutters to find an alternative source of fuel. This period has now expired and a complete cessation of turf cutting on these sites is now required. Further cessation will become necessary in 2012 and 2014 as the ten-year derogation expires on other designated sites. However, ending this derogation will still leave by far the major proportion of all bogs — some 96% — available for turf cutting.

Ireland's raised bogs are important and unique habitats hosting ecosystems that are extremely rare. Because we have a large proportion of the little that remains of this habitat in western Europe, we have a particular responsibility to preserve it. Ireland is required to prevent the loss of habitats of European importance under the Habitats Directive of 1992. Active raised bog is a priority habitat under the directive and Ireland has designated a representative sample of raised bogs for preservation.

A review of the state of our designated raised bogs in the form of examination on the ground has revealed severe and continuing damage caused by domestic turf cutting. This is the result, not only of the physical removal of peat, but of the drainage that is caused in the process. This drainage effectively bleeds the bogs. The result is that the active area, where peat is formed, contracts, and the typical flora disappear. There is, therefore, a very obvious physical loss at the face bank and a less visible, but more extensive, loss of priority habitat across the entire bog.

In the 10 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 in these sites per annum. It is vital that we halt and reverse this damage, if we are not permanently to lose this irreplaceable ecological resource.

Outside the 32 bogs mentioned, cutting may continue as normal. In particular, blanket bogs, which comprise most of the areas of peatland, are not affected by the arrangements. Of the 1500 -1600 raised bogs in the State, only 130 bog complexes are designated and turf cutting is to cease now on only 32 of these.

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

That has come to an end also.

Last year, The Minister for the Environment, Heritage and Local Government established an interdepartmental working group on cessation of turf cutting in designated areas. This is examining all the implications of cessation, including the question of replacement fuel sources. The working group invited and received submissions from interested groups and individuals. It also met representative groups concerned with turf cutting and with groups concerned with protection of the bogs.

The working group is currently finalising its report, including recommendations for managing the cessation. The Minister expects to receive the report shortly and having considered the recommendations, will make an early decision on necessary measures. He will be in touch with representative groups and individuals as soon as possible thereafter, to advise them of any arrangements that are to be put in place.

The Minister appreciates that this is an issue of concern to several Deputies, particularly in regard to the effects 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 to the Minister.

Radon Gas Levels.

Radon gas levels were the subject of a "Primetime" programme on Thursday evening last. I raised this matter in the House in February 2005 and numerous questions relating to it have been raised here in the interim. New research published yesterday by the Radiological Protection Institute of Ireland, RPII, shows extremely worrying levels of radon gas in households throughout the country. According to the new data, every county in Ireland has at least some homes that exceed the safe limit of 200 Bq/m3 of air. Radon is a naturally occurring radioactive gas which is colourless, odourless, and tasteless and that is what makes it so dangerous. It is cited as the leading cause of between 150 to 200 deaths from lung cancer each year. Up to 90% of these cases occur in smokers or ex-smokers. These individuals have a much higher chance of developing lung cancer following exposure to radon than do non-smokers.

Results from counties in the west, south east and south show particularly high levels of radon. However, no part of Ireland is immune. County Sligo has the highest percentage of homes with levels of radon that are above the national reference level in respect of the gas. Some 24% of the homes tested in Sligo are above the safe level. More than 15% of the homes tested in Waterford, Galway, Carlow, Wicklow, Mayo and Wexford are also above the safe level. To date, almost 38,000 homes have been tested since the introduction of such testing in the early 1990s. The RPII believes that only 5% of the estimated homes with unsafe radon levels have been identified. It is believed that 91,000 homes are above the national reference level. This is a matter of grave concern because thousands of people are being exposed, unknown to them, to radon gas in their homes.

Some 40% of the 50 highest measurements of radon levels in homes throughout the country were recorded in Kerry. These include the highest ever recorded level of radon in a home. The house in question is in Castelisland and the level recorded there was 245 times higher than the safe limit. In the past 12 years, three of the people who occupied the house have died. The RPII announced on the 13 October last that two homes in Tralee were identified as having levels of radon that were among the highest found in Europe. These new reported levels were the third and fourth highest measurements found in the country to date. The homes involved had concentrations of radon of 13,797 Bq/m3 and 8,490 Bq/m3, respectively. The data to which I refer indicates that the Tralee-Castleisland area is a major radon hot spot. It also indicates that many more houses in area have high, unsafe levels of radon but have not been identified because they have not been tested.

I appeal for the introduction of a national strategy in respect of radon. The RPII cannot deal with all aspects of the radon issue. Although there has been good co-operation between the RPII and other State agencies, including local authorities, the Health Service Executive and the Health and Safety Authority on reducing the risk posed by radon, it is important that this co-operation be developed into a cohesive national strategy aimed at addressing the radon problem. The strategy should be spearheaded by a Minister. This approach was advocated at the radon forum which took place last November.

In 2009, the World Health Organisation published a radon handbook containing models for radon programmes. One of the recommendations contained in the handbook is to link radon to the conveyancing of homes. Certificates confirming that radon levels are below the reference level are already required to be produced in England, Wales, Sweden and some parts of the United States when houses are being sold. Ireland should follow that example. In 1999 the Swedish Government decided that radon levels in all homes should be below the reference level by 2020. It should be our objective to ensure that all homes in this country are below this level by 2030.

Since the introduction of the building regulations in 1997, there has been a requirement to the effect that radon barriers should be put in place in new buildings in high radon areas and that stand-by sumps should be installed in all areas. I strongly recommend that the regulation should be changed to provide radon barriers in all new houses in every part of the country.

Another recommendation that could be considered for inclusion in a national strategy is the provision of free testing and remediation grants in designated hot spots. At present, Sustainable Energy Ireland provides grants in respect of house insulation. This scheme could be extended to include a grant for radon remediation, where required.

This is an issue of national importance. The introduction of a strategy such as that to which I refer could mean life or death for many people. It is time the Government showed leadership. It should not leave it to the RPII, other agencies or individuals to resolve the difficulties relating to this matter. I hope the Government will put in place a national strategy because that is the only way in which we can tackle this issue.

I thank Deputy Deenihan for raising this important matter and I welcome the opportunity to inform the House of the current position in respect of radon.

In July 2008 the RPII published the results of a landmark study, Radiation Doses Received by the Irish Population. The report indicates that natural radiation sources account for almost 86% of all radiation exposure received by the Irish population. Radon alone accounts for 56% of total exposure. By comparison, artificial radiation sources, such as those emanating from overseas nuclear energy facilities, account for a mere 0.4% of the total radiation dosage we receive. The report concludes that in terms of reducing our exposure to radiation, radon is the area where the greatest impact is possible.

Radon is a naturally occurring radioactive gas which is found in variable amounts in rocks and soil. Ireland's unique geology gives rise to radon levels that are above the international average and are the sixth highest in the world. Radon is a known carcinogen. Long-term exposure to high radon levels presents a direct risk to human health. This makes radon a public health issue. The RPII estimates that 150 to 200 annual lung cancer deaths in Ireland are linked to radon. These figures represent approximately 10% to 15% of all such deaths.

The national survey of radon in Irish dwellings was conducted by the RPII between 1992 and 1999. Approximately 28% of the country is designated as a high radon area, where more than 10% of households are predicted to have radon concentrations above the national reference level of 200 Bq/m3. This is the threshold, defined by the RPII, above which it is recommended that remediation works be carried out. High radon areas found in almost every county but are mainly concentrated in the south east and the west.

From the results of the national radon survey, it was estimated that approximately 7% of our total housing stock has radon levels above the national reference level. The RPII recommends that every householder have his or her home tested for radon. The RPII and a number of private companies offer a radon measurement service to householders. The cost of this service varies from €40 to €80. Radon measurement is non-intrusive, involving the placing of two small, palm-sized radon detectors in the home. It takes three months to complete.

Since 1998 the building regulations require all new buildings to incorporate radon protection measures at the time of construction. With regard to houses built before 1998, the Government's approach, which is similar to that of the majority of EU member states, is to concentrate on awareness-raising. The RPII, in partnership with local authorities and the HSE, has carried out targeted information campaigns in high radon areas. In some areas where particularly high radon levels have been found, householders have been contacted directly. This encourages householders to address monitoring and remedial requirements effectively and economically.

There are proven and effective remediation techniques to reduce indoor radon concentrations at a reasonable cost. Technical guidance on radon remediation techniques is available in a booklet issued by the Department of the Environment, Heritage and Local Government and the RPII. In addition, the website of the RPII provides a list of companies which can provide radon remediation services and which can offer specific advice and recommendations. There is nothing complex about these techniques and the majority involve relatively simple building work.

The Department has given approval to a number of local authorities to undertake, on a sample basis, radon surveys of their housing stock in high incidence areas. In addition, the RPII has directly contacted local authorities with known areas of high radon concentration in order to encourage them to test their housing stock for radon and, where necessary, take remedial action. A number of local authorities are already taking action in this regard and it is intended to build on their and the RPII's experience in this area.

The Department will continue to work closely with the RPII, the HSE, local authorities and other interested agencies to raise public awareness and to promote radon testing and remediation works. This multi-agency approach to dealing with radon is in line with international best practice.

Grant Payments.

I have asked for this issue to be debated in the light of the failure of the Department of Agriculture, Fisheries and Food to pay farmers in Kerry, and in other counties, the money they are due under REPS 4. At present only 466 of 1,960 applicants in Kerry have been fully paid. That is less than 25% of all applicants. For the other 1,494 farmers who have not yet received their payment this represents a considerable setback at a time when farm incomes are already under severe pressure. In most instances farmers in receipt of REPS are on the lower income bracket. Given that they were led to believe their payments would have been received prior to Christmas, many farmers were dependent on having their money for Christmas so that they could make some sort of Christmas for their families. However, in my county, Kerry, and in many others that has not been the case. Many farmers borrowed money to carry out farm improvements and other work, but now find themselves unable to meet repayments on time.

The situation throughout the rest of the country is that almost 55% of applicants are in the same position. That amounts to nearly 16,000 farm households who have been let down and many of them are those who can least afford a further financial setback at this time. Kerry, for some reason has the third highest percentage of applicants who have not been paid, with only Waterford and Wicklow having a worse payment record. When I raised two cases in parliamentary questions last week the reply stated this was due to administrative problems in processing the claim. Surely that cannot be the case in so many individual cases and across such a large group in every county. One of the replies I received stated that payment issued to applicants whose applications required no further examination following administrative checks, but that queries arose in those checks for a significant number of applicants. I have been told by agents who work on behalf of applicants that in previous years applications with the same wording to the letter gave rise to no query. It is no wonder that many farmers are questioning the motivation behind the failure to make these payments. Some of them suspect the Government is doing it deliberately in order to save money and others are questioning whether adequate staff are available in the Department offices in Tralee to process the applications.

Perhaps the Minister of State will explain the nature of the problems that have arisen so that 1,494 Kerry farmers will be able to do what is necessary in order to receive their payments. Do the problems relate to the manner in which the forms were submitted? Is there a priority list regarding the submission of forms? If so, surely enough time has passed since the applications were received for such problems to have been identified and addressed. Is it the case that problems within the Department regarding staff shortages and so on are responsible? I know there have been staff changes in the Tralee office. Is this a contributing factor? Whatever the reason it still does not explain why the Minister has failed to honour the commitment he made last year that the payment process would have moved well beyond this by now. The specific undertaking was that payments would begin on 14 December and be completed in January. That has not happened.

The Minister therefore must honour his promise to these farmers, many of whom are experiencing real hardship, and ensure that the payments are made as a matter of urgency. Many of those farmers in Kerry have loans and mortgages from the bank, which were given on the understanding that REPS payments would be received to clear off what is outstanding. I ask the Minister to give the matter his immediate attention.

I thank the Deputy for giving me the opportunity to clarify the situation. Any farmer in REPS 4 whose application has been processed for payment has been paid already, not only in Kerry but also throughout the country. I assure the House that the Department will continue to process applications to payment stage as a priority.

The first payments for the 2009 REPS 4 scheme year issued on 18 December 2009 and payments have continued to issue in the meantime. To date some 9,823 REPS 4 participants have been paid in full. A further 4,508 have received the first phase of 75% of their payments and are due to receive the balancing payment of 25% shortly. Payments will go out this week to a further 1,300 applicants. In Kerry, there are 2,039 REPS 4 participants of whom 462 have received payments. A further 143 have been cleared for payment and payment will issue this week.

I am well aware of the importance of REPS payments to farmers and farm family incomes, especially at this difficult time. However, the Department has to operate in the context of strict EU regulations. These regulations require that detailed administrative checks be carried out on all applications before any payment can be made. The position, in Kerry as elsewhere, is that queries arose in the course of checks on a significant number of applications. The queries arise under a range of issues including area measurement and nutrient management plans. Where queries arise, Department staff are working to resolve the issues as quickly as possible so that payments can be made with the minimum of delay. In many cases, it will be necessary for officials to contact farmers directly about their applications and a number of farm plans have already been sent back to applicants to be amended in line with the terms of the scheme. Amended plans will be processed for payment without delay.

The current situation should not in any way detract from the merits of REPS. The scheme has been one of the most successful operated by the Department since its launch in 1994. It has delivered multiple benefits to the environment in terms of water quality, biodiversity, conservation and landscape enhancement. It has also brought welcome income benefits to farmers, with more than €342 million paid out to REPS participants last year and a total of more than €2 billion paid since 1994. Payments in 2009 reached their highest level ever. The original allocation for last year was just €330 million but additional funds were provided in December last and approved by Dáil Éireann by way of a Supplementary Estimate. Payments due to REPS farmers this year will continue at this high level.

Notwithstanding the Government's decision to close REPS to new entrants in July of last year, which was unavoidable given the state of the public finances, those farmers who are already in REPS will see out their five-year contracts. This means that there will still be farmers in REPS right up to the end of 2014. By the time the scheme finally comes to an end, payments to farmers will have exceeded €3 billion.

Last Wednesday in Brussels, the Rural Development Management Committee of the European Commission agreed to an amendment to Ireland's rural development programme. Part of this amendment included proposals for a new agri-environment scheme. This scheme will be funded partly by the EU but will also get very substantial support from the Irish taxpayer. The new scheme will focus on the priority areas of biodiversity, climate change and water management. It will consist of a menu of actions from which farmers can select those that complement the environmental profiles of their farms. The shape of the new scheme reflects the increasing emphasis at EU level on having schemes that deliver clearly identifiable and measurable benefits to the environment and to society. Details of the operation of the new scheme are being finalised within the Department and the intention is to launch it once the formal approval of the European Commission has been received.

REPS is of course not the only scheme contributing to farmers' cash flow at present. Yesterday, the Department started payments under the 2009 suckler welfare scheme. These payments will be worth €30 million in respect of 2009-born calves for the 53,000 applicants in the scheme and payments will continue into 2010.

Earlier this month, the Minister for Agriculture, Fisheries and Food, Deputy Smith, authorised payments of a further €190 million in grants to farmers under the farm waste management scheme. This expenditure was in addition to the €49 million already paid out by the Department by way of the second tranche of grant aid under the scheme towards the end of 2009. Total Exchequer funding for this scheme now exceeds €1 billion. All participants in the scheme have now received at least 80% of the payments due and many have been paid in full. I assure the House that the Minister will continue to implement schemes and services to support farm incomes and that, in the case of REPS, will continue with efforts to expedite payments to all participants.

Schools Refurbishment.

I thank the Ceann Comhairle for the opportunity to raise this important issue regarding a proper water supply for St. Brigid's girls' national school in Killester, Dublin 5. I am here tonight to support the parents, pupils and teachers on this urgent matter. The school needs support and I call on the Minister to provide the funding to St. Brigid's to deal with the water issue, the tanks issue and above all to ensure that the school has a safe and regular supply of water so that the teachers and pupils can get on with their work. The background to this issue is the recent water crisis in the Killester area. The residents in the area suffered major problems with water supply and many people had to go without water for days, which is unacceptable. The Minister needs to ensure that the Department of the Environment, Heritage and Local Government and Dublin City Council get their act together and provide for a long-term solution for the water issue in the Killester area.

Were it not for people like Independent Councillor Damian O'Farrell and his team who did an excellent job going around Killester with his trailer and 25-litre containers of water, many more would have suffered. The long-term water issue in Killester must be resolved as well as the school issue.

St. Brigid's girls' national school was forced to close because of lack of water. Its tanks are outdated and it urgently needs a new water system to ensure the smooth running of the school. The principal and the board of management has applied to the Department for the funding to resolve this issue. I urge the Minister to release the funding to St. Brigid's. This is an urgent appeal and now is the time to act.

This would be of major assistance to the pupils and the school. It would remove the uncertainty of not knowing whether they will have water and all the toilets, wash-hand basins and sinks would be working properly. This would have a positive impact on the school and above all, ensure the smooth running of the educational service there. I again urge the Minister to support the school with the funding. It is ready to roll at the moment. I am here tonight representing the people of Killester and hundreds of families in the area. I urge the Minister to listen to their request for funding to ensure a constant and safe water supply to St. Brigid's.

This is not a major educational issue alone, but also a major health and safety issue. Funding from the Department is the solution in helping this school. It needs proper tanks and a safe supply of water to ensure it is run on a proper professional basis. A school cannot be run without water.

Finally, I urge the Minister to act now, not to put matters on the long finger, and grant this funding to Killester girls' national school as a matter of urgency.

Gabhaim buíochas leis an Teachta as ucht deis a thabhairt dom freagra a thabhairt ar an ábhar tabhachtach ar chionn oideachais. I am taking this adjournment matter on behalf of my colleague, Deputy Batt O'Keeffe, Minister for Education and Science.

I am happy to outline to the House the Department's position regarding a proposed application for capital grant aid for emergency works by St. Brigid's girls' national school, Killester. The main purpose of the emergency works scheme is to ensure the availability of funding for urgent works to those schools most in need of resources as a result of an unforeseen event of a capital nature that can arise during the course of a school year. The application process requires the provision to the Department of specific relevant information to enable a verifiable, speedy and equitable assessment and decision.

Primary and post-primary schools requiring capital grant aid for emergency works in the current year must apply under this scheme. The purpose of the scheme is solely for unforeseen emergencies which cannot be funded by the school's own resources. All relevant and supporting information in regard to an application must be provided in order to support a claim for grant-aid under this scheme. All applications are dealt with on an individual basis.

I understand that the school authority has been in telephone contact with the building unit of the Department concerning a problem with the water tanks. I further understand that an application for emergency funding will be submitted in the near future. When this application is received it will be assessed without delay and the school authorities will be notified of the outcome. I can confirm to the Deputy that the school has applied for funding for water conservation measures. This application was made under the terms of the summer works scheme for 2010.

When the Minister announced details of this scheme last year, he said that he was anxious to help schools to conserve water and keep their water bills as low as possible now that full water charges are on the way. He introduced a new category under the 2010 summer works scheme to address this issue.

The most appropriate water conservation design approaches have been identified by the Department for many years and form part of the standard low energy school designs that are used when new schools or major extensions are being built. The Minister now wants to focus on existing buildings to minimise, as far as possible, the impact of water charges on all school budgets. Specific simple and straightforward measures have been identified by the Department which should minimise excess consumption of water and reduce wastage. These measures will also contribute to the Government's national targets on reducing carbon dioxide emissions.

The water conservation measures will be funded as part of the usual broader summer works scheme to make structural and other improvements to school buildings while pupils are on their holidays. The closing date for the receipt of applications under the summer works scheme for 2010 was 27 November 2009. The applications received, including that from the school in question, are now being assessed.

In keeping with the timetable published with the governing circular letter for the scheme, the Minister expects to be in a position to publish the list of successful applicants in the spring. I again thank the Deputy for giving me the opportunity to outline the current position to the House.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 27 January 2010.
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