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Dáil Éireann debate -
Wednesday, 24 Feb 2010

Vol. 703 No. 2

Adjournment Debate.

Mental Health Services.

I welcome the opportunity to raise this issue, which I have raised previously over a number of years. I am prompted to do so having attended and addressed the European Association of Psychotherapy Conference in Vienna last week, which provided a great understanding of and much information in regard to what is happening in Europe.

I again express my concern that there are no statutory regulations in Ireland for the registration of psychotherapists and counsellors. There is no State control over who and what qualifications are held by those practising in these areas. It is dangerous for untrained, unskilled people to probe others' unconsciousness. They are dealing with human vulnerability and serious damage can be done to such delicate people.

The Government introduced the Health and Social Care Professionals Act 2005 to provide for the registration of persons qualifying to use the title of a designated profession and for the determination of complaints relating to their fitness to practice. Some 12 professions are listed as designated professions under the Act. When I challenged the then Minister, former Deputy O'Malley, on this issue during the debate on that Bill in the Dáil, he stated that regulated professionals had become so regulated by a process of discussion and consensus. However, the psychotherapists and counsellors group failed at that time to agree an approach to the regulations. The Minister stated that statutory regulation in such circumstances would have serious legal implications. He accepted the principle that all psychotherapists and counsellors should be properly qualified and pointed out that in consultation with the professional groups involved he was unable to obtain agreement on the criteria. The Minister stated that he asked the groups to revert to him with agreed proposals and that he could, rather than return the matter to the Dáil, designate them under ministerial order.

In response to the Minister's request, 22 organisations established a psychological therapies forum for counselling and psychotherapy. The forum accepted that it was imperative that the public is protected by the promotion of high standards of conduct, education, training and competence among the professionals of counselling and psychotherapy. It pointed out that all bodies involved with the forum provided a code of ethics by which their members must abide. It further stated that while this form of self-regulation provides protection to clients of these organisations, it falls short of optimal protection, as under our common law system it is possible for any person to take the title of counsellor or psychotherapist and practise accordingly without any training or competence. In other words, any person can put up a sign stating they are a counsellor or psychotherapist and charge €80 per hour for performing an act as a psychotherapist or counsellor, which is extremely dangerous to vulnerable people.

The current anomaly does not lend itself to good clinical governance and the maintenance of high standards of patient care. The Health and Social Care Professionals Act 2005 provides a mechanism to drive forward the clinical governance agenda. It creates a framework through which practitioners are accountable for continually improving the quality of their service and safeguarding high standards of care by creating an environment where excellence will flourish and optimal protection is afforded to the public who access counselling and psychotherapy.

The psychological therapists forum provided a proposal for statutory regulation of counsellors and psychotherapists. We have been informed that the 12 organisations already designated must have full recognition of designation before counsellors and psychotherapists are included in the Bill. This is critical to vulnerable people in crisis who will be damaged by counsellors and psychotherapists who are not properly trained or qualified, people who are mavericks involved in this area. We believe the issue of their designation should be given priority under the Bill.

I am replying to this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney. I thank the Deputy for raising this issue and for giving me the opportunity to update the House on the ongoing regulatory programme undertaken by the Department of Health and Children, including the regulation of health and social care professionals.

The Health and Social Care Professionals Act was passed by the Oireachtas in 2005. The Act provides for the establishment of a system of statutory registration for 12 health and social care professions. The 12 professions to be regulated under the Act are clinical biochemists, dieticians, medical scientists, occupational therapists, orthoptists, physiotherapists, podiatrists, psychologists, radiographers, social care workers, social workers, and speech and language therapists. This new system of statutory registration will apply to the 12 professions regardless of whether they work in the public or private sector or are self-employed and it is the first time that fitness to practise procedures for those professions will be put in place on a statutory basis.

The structure of the system of statutory registration will comprise a registration board for each of the professions to be registered, a health and social care professionals council with overall responsibility for the regulatory system and a committee structure to deal with disciplinary matters. As a first step in the implementation of the system of statutory registration, the Minister for Health and Children launched the Health and Social Care Professionals Council in March 2007. The chief executive officer of the council was appointed in 2008 and additional senior administrative staff took up duty with the council in late 2009. The council must establish a registration board for each of the 12 professions currently covered by the Act. These appointments, and further progress in the establishment of a suitable organisational structure, will greatly assist the council in its ongoing work in preparing for the establishment of the individual registration boards, the first of which, the social work registration board, is to be established shortly.

The council is currently working to put in place the necessary structures for registration, education and fitness to practise for the 12 health and social care professions designated in the Act and it is hoped to bring additional registration boards on stream in late 2010. The council will enable health and social care professionals to practice in a regulated, controlled and safe environment and in a manner which will ensure the provision of high quality interventions, meeting the challenges of increasingly complex and evolving care for service users. Health and social care professionals will be facilitated in ensuring responsible and accountable practices while providing the highest level of patient care and service.

While the proposed system of statutory registration applies in the first instance to 12 health and social care professions mentioned, the legislation empowers the Minister for Health and Children to include, on the basis of specific criteria, additional health and social care professions in the regulatory system over time, as appropriate. The priority for the Health and Social Care Professionals Council is to establish in the first instance statutory registration for the 12 designated health and social care professions. The issue of inclusion of other grades, such as psychotherapists and counsellors, within the scope of statutory registration, will be considered after the initial designated 12 professional grades have been fully addressed.

Building Regulations.

I thank Deputy McEntee for allowing me to share time with him on this important issue. In October 2007 I called on the Minister for the Environment, Heritage and Local Government to immediately set up a task force to tackle this urgent situation. However, the Minister took no action. He stated he would have his Department audit all quarries in the country to ascertain whether pyrite is present in the stone being used in the infill for housing. However, no report was issued on the matter. It is believed that between 2003 and February 2007 more than 2 million tonnes of stone were taken from the Irish Asphalt Limited quarry located in Bay Lane, County Dublin. To date only 100,000 tonnes or 5% of the material extracted has been traced back to the buildings and other infrastructure on which the material was used. What happened to the other 95% of that material? What happened in all the other quarries given that pyrite has turned up in various houses and various infrastructure projects including the Dublin Port tunnel and apparently also in the M3 in County Meath?

Pyrite has been detected in many developments in my constituency, Dublin North-East, in Deputy Reilly's constituency, Dublin North, and in Deputy McEntee's constituency, Meath East. As up to 20,000 homes have been affected, this is a national issue. The Government needs to wake up and deal with it head on. The Minister claimed he had no responsibility in this area yet he got the National Standards Authority of Ireland to publish additional guidance protocols for testing under-floor infill material. He is awaiting further technical guidance documentation from the European Commission. He strengthened the enforcement powers given to building control authorities after 1 March 2008. However, that is of no benefit to those householders who now find themselves in extreme difficulty where the walls and floors in their homes are cracked. Many of them are in a difficult enough position being in negative equity, but to find that the physical buildings around them are unsafe is beneath contempt.

We want the Minister to immediately close down the quarries that are dishing out this defective infill material and to set up a task force and a fund to help these house owners who find themselves in extreme difficulty through no fault of their own.

Tonight is the start of the disclosure of one of the greatest catastrophes to hit this country following the bank crisis. I do not say that lightly. HomeBond, which is in trouble, has confirmed that it has received claims from the owners of 20,000 houses with pyrite. At one stage pyrite reached Canada and is also a problem in England. Some 20,000 people have lodged claims with HomeBond which is not in a position to pay to get these houses fixed properly. The builders involved — most of them very good builders — have disclosed that their insurance companies do not cover pyrite.

I know Members of this House do not really know what pyrite is. Pyrite is a substance used in filling, which when it reaches a different atmosphere swells like gypsum. It brings all with it, including floors and walls. There is only one solution, which is for these floors to be taken up and the fill removed and replaced. I got involved with one family 12 months ago and have seen it from start to finish. Other builders have tried to do the same. HomeBond has 20,000 confirmed claims. It is far more epidemic here than in any other country.

We have no choice but to set up a committee organised by the Minister. People are coming home every night to witness further deterioration in their houses. There is no money to fix it. They do not have the money themselves to even do the proper tests to determine the level of pyrite. I have a list of projects, which I will not read out, paid for by the State that will reach the same conclusion. I ask the Minister for Transport to call in representatives of the NRA to discuss the issue of the M3. I asked the question nine months ago and got a bad answer. I am proud of the M3 and want to see it opened. The M5 in England had to be closed because of this problem. Up to last week material was still being excavated from quarries that have far in excess of the 1% pyrite allowed. Some quarries in Counties Dublin and Meath have levels of 6% and 7%. This is an environmental and financial disaster. I ask for somebody to take note of this immediately because it is not going to go away. Tonight is just the start of what we will witness in the next five or six years where people are losing their homes and nobody is there to protect them.

The Minister for the Environment, Heritage and Local Government would like to thank Deputies McEntee and Terence Flanagan for raising this important matter regarding the standard to which new homes are built.

The issue of pyrite was brought to the attention of the Department of the Environment, Heritage and Local Government in mid-2007. Having consulted the statutory Building Regulations Advisory Body, the Department issued a circular letter to each county manager and local building control authority in August 2007 to bring this matter of pyrite to their notice and request co-operation in the enforcement of relevant requirements set out in the circular.

Following an intervention from the Department, the National Standards Authority of Ireland published a new amended standard recommendation on the use of aggregates as infill for civil engineering and road construction work. The new standard recommendation came into effect on 7 December 2007 and it is intended to address the quality standards of new homes and buildings in so far as problems relating to pyrite are concerned.

Deputies will be aware that the national building regulations, responsibility for which rests with the Minister, Deputy Gormley, set out the legal requirements for the construction of new buildings, including houses. The related technical guidance documents provide guidance on how to comply with those regulations. The Department incorporated the NSAI standard recommendation into the relevant technical guidance document, TGD-C, of the building regulations. A copy of the relevant amendment to TGD-C, which deals with site preparation and resistance to moisture, is available on the Department's website. Local authorities, the Construction Industry Federation, the Irish Home Builders' Association and other key stakeholders have also been notified of the provisions of the amended TGD-C. In addition, the Minister is aware that HomeBond, a private company which provides a ten-year structural guarantee for new houses, has included the amended NSAI standard recommendation in its published sixth edition of the house building manual.

Responsibility for compliance with the building regulations is a matter for the owner or builder of a building. Thereafter, enforcement of the building regulations is the responsibility of individual building control authorities.

The Minister is satisfied that the measures outlined represent an appropriate response by his Department and he has no proposals to establish a task force on the matter. He acknowledges fully the real difficulties experienced by homeowners whose homes have been affected by the use of pyrite in certain developments in and around Dublin. The purchase of a home is a major investment, both financially and emotionally, and he is keenly aware of the hopes and expectations which accompany that transaction. Nonetheless, he remains of the view that the resolution of problems arising between building owners and builders is a matter for the parties concerned, namely, the building owner, the relevant developer, and the builder's insurers. Where the construction of a building is the subject of a contract between the client — the housing authority in the case of publicly funded housing -and the builder, enforcement is a civil matter.

Alternative Energy Projects.

Is the Minister of State, Deputy Killeen, dealing with this matter? He is. It is not that I would not deal with the Minister of State, Deputy Barry Andrews, but I doubt very much that there would be much growing of miscanthus in Dún Laoghaire. I am glad to see what I might term a rural Minister of State present.

I recently met a group of approximately nine or ten farmers who approached me about a particular problem. They had set up what one might call a co-operative. There are five of them in Ireland based on groups of farmers who a few years ago undertook to grow what was then termed the revolutionary crop, miscanthus, commonly known as the elephant plant, which is used to produce biomass. They had obtained assurances that the ESB power plant in Lanesboro would take what their crop. They set about growing it and I understand received some grants from the Department of Agriculture, Fisheries and Food. Some were successful and grew satisfactorily in line with what had been expected. However, some have not been successful whether through erroneous advice being given with regard to sprays, the soil or the climate at the time of planting. The mystery has not been solved, but they had received start-up grants for the planting and growth of miscanthus. Perhaps it is the size of the bulb that is the problem, since they have to import them from the UK, as they are not available locally.

In any event, those concerned want their efforts to be regarded, I believe quite properly, as experimental. They regard themselves as a group of pioneers doing experimental work, which if eventually proven to be successful all-round, will be a major boost for the energy market in Ireland. We googled some material today which indicated that miscanthus and real energy was what was described as "just hot air", and it is a matter of whether it can be successfully conducted in its growth patterns and in its outcome.

I had a few words earlier today with the Minister for Agriculture, Fisheries and Food while we were voting, and asked him whether the Department would view the grants given as part of the experimental process whereby when a whole new regime of planting is introduced, such as the revolutionary crop of miscanthus, the growers should be regarded as pioneers in that sphere, with the grant being treated as part of the learning curve for present or future growers throughout the country, if it catches on sufficiently.

The Minister asked me whether they wanted to give up or stay with the project. Each of those I met wants to stay with the growing of miscanthus. They believe the way forward is in the growing of the crop. Once it is established and growing properly, there is no tending involved, and it will recreate for up to 20 years with little caring or disturbance. Well done to those whose crops have grown, but those who were not successful should be exempted from repaying the grants vouched to them by the Department. Perhaps they can now press on with their efforts based on the lessons they have learned along the way in growing this experimental crop. I hope the Minister of State will have something to say to me and I thank the Acting Chairman for allowing me to raise the matter on the Adjournment.

Gabhaim buíochas leis an Teachta as ucht deis a thabhairt dom freagra a thabhairt ar an ábhar tábhachtach seo.

Miscanthus is a perennial species of grass, otherwise know as elephant grass, that can be used to produce green energy in the heat or electricity markets. The cultivation of miscanthus and willow is a relatively new activity on Irish farms. Potentially these crops can deliver positive outcomes in terms of reduced carbon dioxide emissions, better energy security and extra sources of income and employment for rural communities. They also provide opportunities for residue and waste utilisation as the resultant crops are for fuel rather than food.

In line with our commitments in the national bioenergy action plan, the Department introduced the bioenergy scheme on a pilot basis in 2007 to provide farmers with establishment grants to plant willow and miscanthus — both biomass crops — for use in the bioenergy market. Establishment grants are once off payments to cover up to 50% of the initial set-up costs including ground preparation, the purchase of planting stock and planting. The maximum grant payable was €l,450 per hectare. Grants were paid in two instalments — 75% following establishment of the crop and 25% in the year after establishment. The bioenergy scheme 2007-09 supported 364 farmers in the planting of 2,100 hectares of miscanthus and 360 hectares of willow to the end of 2009 at a cost of €2.9 million.

Applications for grant aid under the 2007-09 scheme were processed and checked for ownership or leasehold title, end-use contracts, verification of area, environmental and archaeological checks, ground suitability, etc. On-farm inspections were carried out on a percentage of applicants. Approvals were granted subject to the terms and conditions of the scheme.

Eligibility for payment of first and second instalment grants depended on adherence to the scheme terms and conditions and also on the degree of satisfaction with crop establishment. Crop inspections were carried out on all applicants' lands eligible for payment of first instalment grants. The inspections were carried out to verify adherence to scheme conditions and the area planted and to ensure a satisfactory level of crop establishment. Where weaknesses in crop establishment were identified, payments were deferred and growers were advised in writing as to the necessary remedial work required for satisfactory establishment and that such work would be necessary to qualify for the establishment grant.

Following the first grant instalment inspection process, all applicants were advised in writing of the ongoing need to maintain and manage the miscanthus crop in accordance with best practice guidelines and to carry out any necessary management measures required to ensure full crop establishment. Years 1 and 2 are a critical phase in the establishment of miscanthus and the proper management of the crop during this period is essential to allow crops establish fully and to reach their full potential. Management measures in year 2 included the following: first year cut-back and continued measures for the control of grass and broad-leaved weeds; patch-planting and infilling where the crop is unlikely to increase in sufficient density to cover in any what are termed "sparse or gappy" areas; monitoring and taking the necessary control measures to prevent damage from rabbit grazing; and stockproofing.

First and second instalment grants were delayed if the criteria for crop establishment were not satisfied. The proper establishment of miscanthus is effectively a two-year process. There have been some difficulties at a number of sites due to a variety of factors including the inexperience of growers in establishing such a new crop, planting techniques, weed control and the quality of the rhizomes. A problem arose in the spring of 2009 in relation to some miscanthus crops planted in 2008. Almost 50 growers were affected to some degree and some 200 hectares will require remedial work. The level of damage varied from moderate to severe in some cases where crops completely failed. The problem was due to the non-emergence of plants after the winter, ranging from as low as 5% non-emergence to almost complete non-emergence. Affected plants showed signs of growth below and just above ground in many cases but then just died off. A number of different factors may be at play, including a question as to the incorrect timing or inappropriate application of a herbicide for the control of weeds in the spring.

The Department met with growers' representatives and has agreed to defer inspections and payments for the affected crops until autumn 2010 following a commitment by the growers that these crops would be re-established in the spring of 2010. Progress on this issue is being monitored. It is not the case that the Department is demanding the return of grant aid from the affected farmers. The matter is still under investigation.

It was evident from the response to the pilot scheme that there is considerable interest in growing miscanthus and to a lesser extent willow in Ireland. We have recently launched the new bioenergy scheme and the closing date for this scheme is 31 March 2010.

That is clearly a very positive of answer and I am glad of that. I thank the Minister of State.

Special Educational Needs.

I thank the Ceann Comhairle for choosing this matter on the Adjournment. I want to appeal in the strongest possible way against the proposed reduction of four special needs assistants in St. Anthony's school, Castlebar.

The school has 40 students, ranging in age from four to 18, all of whom have mild general learning difficulties. However, many have other conditions such as Down's syndrome, ADD. ADHT, autism, cerebral palsy and speech disorders, to name but a few. I have visited the school and spoken to many of the parents who are full of glowing praise as regards the wonderful progress their children are making due to the diligence and commitment of all the staff, including the special needs assistants.

The key issue in this whole matter is that the criteria being used for the review of special needs assistant numbers is the same as that in use for mainstream schools. This is unfair, unjust and discriminates against the most vulnerable in our society who cannot speak for themselves. At present the school is just at coping level with six classes, including one for multi-disabled students. Each class has two special needs assistants and there is a nurse who cares for the medical needs of the pupils. The whole school evaluation carried out last January outlined the vital necessity of the 13 special needs assistants time and again. The proposed cut of four SNAs, special needs assistants, or 30% of staff is due to be implemented by Easter, only a short number of weeks away. This decision must be reversed.

I am pleased to share my time with Deputy Flynn tonight. This issue is above politics. As we speak, a public meeting is taking place in Castlebar which is waiting for the answer from the Minister of State. I urge Deputy Flynn to use whatever pressure is at her disposal to correct this matter. The campaign starting tonight in Castlebar is only the beginning. A positive answer here could result in the end of the campaign and the securing of employment for the four staff due to be cut. Otherwise, this will come back to haunt the Government.

I am very pleased to speak on this issue tonight. As my colleague outlined, St. Anthony's national school in my home town of Castlebar caters for children with mild general learning difficulties. The children also have physical, emotional and behavioural difficulties. There are 40 pupils, six full-time teachers, three part-time teachers and 13 SNAs. It is a county-wide school, not only for pupils in my home town. It deals with pupils from Achill to Ballyhaunis in a county some 120 miles in diameter.

A report reviewing the position of the SNAs in the school was carried out and will be presented tomorrow, along with an official decision from the National Council for Special Education. The recommendation will be that four SNAs will be cut from the school. It will retain the current number of teachers, but a cut of four SNAs, to be effective by Easter, is simply unacceptable.

A review of this school also took place in March 2007 using similar criteria. At the time, only two short years ago, the current level of SNAs was approved. There were 39 pupils in the school at the time, whereas there are 40 there today. Of those 40 pupils, it is worth bearing in mind that ten are autistic, three are visually impaired, two have cerebral palsy, one is deaf, two have hearing impairments, three have epilepsy, two are grossly obese, one is in a wheelchair, one has high anxiety and nine have dyslexia. They also have behavioural difficulties, multi-sensory problems, personal care needs, one child has attention deficit hyperactive disorder, ADHD, another child has brittle bone syndrome and there are children from five nationalities in the school.

I am very uncomfortable with the independent review process carried out by the National Council for Special Education in this case and I am very uncomfortable with independent studies carried out at arm's length from the Department. When such decisions are taken, the flak comes on politicians although we have had no input. I do not like this and such reviews should be carried out by the Department of Education and Science where, at least, as politicians, we can answer for the decisions taken. It is completely unacceptable that any change would occur during the middle of the year. To take away four SNAs during the middle of a year is simply not acceptable. It is also very disappointing that when this decision becomes official tomorrow, the only avenue open to the school is an appeal process. This school should not have to go through an appeal process because it should be treated differently.

SNAs in a special needs school fulfil a different role from those in mainstream schools. They are not simply SNAs, but also classroom assistants. The SNAs in this school have first aid skills and sign language, some have braille skills, they have completed crisis prevention courses and two of the SNAs drive the school bus. Many of the SNAs provide a bus escort service in the school from 7.15 a.m. to 5 p.m. Such is the dedication of the staff.

A whole school evaluation was carried out some time ago for this school. It received a fantastic result and the Department can check this fact. The school had been informed that one blind child is entitled to 0.25 of an SNA. That is an absolutely crazy decision and it is completely unacceptable that such a determination could result from any review. Ten autistic children have been allocated to four SNAs and one special class has been allocated one SNA. I appeal to the Minister of State to bring the message to the Minister for Education and Science to treat special needs schools differently from mainstream schools and to reverse this decision because it is simply not acceptable.

Gabhaim buíochas leis na Teachtaí as ucht an ábhair thábhachtach seo a chur os comhair na Dála. Tá mé ag freagairt thar ceann an Aire Oideachais agus Eolaíochta. I wish to make very clear that the education of children with special educational needs has been and remains a key priority for the Government. It has put vast resources into schools to enable them to meet the needs of children with special educational needs. In excess of €1 billion was spent within the education system for this purpose last year. Students with disabilities will continue to receive support as they have for the past ten years.

I emphasise what is really important. Schools which have enrolled children who qualify for support for a special needs assistant, SNA, will continue to be allocated SNA support. This scheme is under way at present. The National Council for Special Education continues to process applications from schools for SNA support. The SNA scheme has been a major factor in both ensuring the successful integration of children with special educational needs into mainstream education and providing support to pupils enrolled in special schools and special classes. The SNA scheme will continue to be supported. The terms and criteria for the SNA scheme have not changed. Where the criteria are met, SNA posts are being allocated.

The criteria are the problem.

I assure the Deputies there is no question of posts being removed from schools where they meet the scheme's criteria.

That is not the case.

However, there is also no question of posts being left in schools indefinitely where they are deemed to be surplus to the care needs of the pupils or where the pupils themselves have left. In the SNA allocation process the allocation for any school and any adjustments to that allocation depend on a number of factors such as the number of pupils with care and medical needs who leave, the number of new pupils and the changing care needs of existing pupils in the school. SNA allocations are, therefore, not permanent. They are increased or decreased as pupils who qualify for SNA support enrol or leave a school. They are also decreased where a child's care needs may have diminished over time. The Deputies will be aware that the NCSE, National Council for Special Education, through its network of local special educational needs organisers, SENOs, is responsible for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within the criteria of the Department of Education and Science in allocating such support. The NCSE is independent in the making and issuing of its decisions relating to the allocation of such supports.

The Department of Education and Science requested the NCSE to review all SNA posts because the Department had become aware that a number of SNA posts were in schools where the care needs of the pupils in the schools concerned did not justify such an allocation. Accordingly, the Department requested that the NCSE carry out a nationwide review of all schools to ensure that SNA posts were allocated to schools in line with the care needs of the pupils and that any excess posts would be withdrawn.

The NCSE, through its network of SENOs, is carrying out a review of SNA allocations in all schools with a view to ensuring that the criteria governing the allocation of such posts are properly met. SENOs are communicating the outcome of the review directly to schools as the review progresses. It is expected that the NCSE will have completed the review by the end of March this year.

The Deputies are fully aware that the Department of Education and Science has prioritised the provision of special education supports to schools, a key Government policy. However, this does not mean that resources allocated in response to various historical factors are retained in schools ad infinitum. At a time of constrained resources it is essential to ensure that public resources are deployed as effectively as possible. Resources left in an area that are not in accordance with criteria mean public resources are not available for another deserving area.

Deputies will share the Minister's concern to ensure a consistent application of policy in respect of the allocation of special needs supports throughout the country, which amounts to what is taking place at the moment. The Minister for Education and Science assures the Deputies that supports will continue to be made available to schools which have enrolled pupils who qualify for such support. I thank the Deputies again for raising this matter.

The Dáil adjourned at 9.30 p.m. until 10.30 a.m. on Thursday, 25 February 2010.
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