Dáil Éireann debate -
Wednesday, 24 Mar 2010

Vol. 705 No. 2

Adjournment Debate.

Hospital Services.

Deputy Paul Connaughton

I raise a matter of huge importance to east Galway, where there is grave fear that Portiuncula Hospital in Ballinasloe will be downgraded. This concern has come to the fore because of a public demonstration to be held next Sunday in St. Michael's Square, Ballinasloe, which I expect will be attended by thousands of people.

Portiuncula general hospital is important to five or six adjoining counties. The hospital serves counties Galway, Roscommon, Offaly, Longford and Laois, as well as parts of County Clare and several other areas. The people served by the hospital want a top-of-the-range surgical hospital with modern accident and emergency facilities and the preservation and extension of the hospital's wonderful maternity unit, which is the jewel in the crown and where a record number of babies were born in the past three years. The maternity unit is now regarded as one of the most up-to-date maternity facilities. We also want support for the day care services, cardiology department and all the facilities of a good general hospital. Not alone do we want to hold services at the hospital. We want them improved. We hope that the configuration of hospital services will include Portiuncula Hospital, Ballinasloe at the level I mentioned.

One of the reasons the unions, many staff members and the general population of the area have become jittery in the past three or four weeks is that the attitude of the HSE seems to be that a new general manager is about to be appointed who will have direct responsibility for the University College Hospital Galway, Merlin Park University Hospital, Portiuncula Hospital, Ballinasloe and Roscommon hospitals. It is felt rightly or wrongly that under those circumstances Ballinasloe Hospital may be downgraded.

A matter that seems to be cropping up not only in Ballinasloe Hospital but in many other hospitals concerns the lines of communications from the top to bottom, namely from the HSE down to the various staffing levels. For some strange reason the HSE is not able to tell everybody concerned the story as it applies to him or her. There is always a section in an institution such as this that has not been well briefed about its future and people cannot be blamed for thinking the worst if they have not been told exactly what is happening. I hope that this matter will be addressed. With all means of communications available today, that should not be a problem. I spent three or four hours with representatives of the HSE at a meeting of Joint Committee on Health and Children yesterday dealing with the medical card fiasco and I do not believe the people in the HSE are listening to anybody.

I hope the Minister of State will be able to tell me tonight that this progressive hospital will continue on the graph it is on and that it will continue to provide the professional facilities we all want. It is a centre of excellence in terms of the service it provides. University College Hospital Galway is also a centre of excellence in its own right and we are lucky to have the two hospitals where they are located. I would like a commitment from the Minister of State tonight regarding this hospital, which would prove that the rumours believed by many people in the general area are not correct, but I have to be convinced of that. When one hears rumours sometimes murky work can be going on behind the scenes about which we do not know.

Minister of State at the Department of Health and Children (Deputy Barry Andrews)

I am taking this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney.

The Government is committed to ensuring the delivery and maintenance of the best quality health service possible and providing the highest standard of patient care in an effective and efficient way within the resources allocated. Portiuncula Hospital plays an important part in the HSE West network of acute hospitals and there are no plans to lessen its importance in the provision of services. It is an acute general and maternity hospital which provides a range of acute, diagnostic and support services to both adults and children in the catchment areas of east Galway, Roscommon, north Tipperary, Offaly and Westmeath. The hospital has a total of 197 beds — specifically, 173 inpatient and 24 day care beds.

Portiuncula Hospital benefits from a committed workforce that, throughout 2010 and in line with the hospital's service plan, is projected to provide services for over 10,000 inpatients, more than 7,000 day cases, 20,000 emergency presentations, 42,000 outpatient attendances and more than 2,000 births. The hospital also has strong partnerships with colleagues in the primary, community and continuing care sectors in order to provide patients with a fully integrated service.

The Government has shown its commitment to Portiuncula Hospital in recent years, with capital developments such as the new special care baby unit, the recent upgrading of the emergency department and the overhauling of the oncology day unit and the physiotherapy department in 2007. This demonstrates that the Government continues to see a very important role for the hospital as part of a high quality health service to the population of the region.

Work has also been undertaken in recent years to enhance collaboration between Portiuncula Hospital and Roscommon County Hospital in the provision of services. This is occurring, for example, in the re-configuration that is taking place of the surgical and anaesthetic departments of the two hospitals into a joint department of surgery and anaesthesia.

The HSE plans to recruit a general manager with responsibility for Galway University Hospital, Portiuncula Hospital and Roscommon County Hospital. This initiative involves the expansion of the current post of general manager at Galway University Hospital. It is designed to promote good co-ordination between hospitals. It is not about downgrading any hospital or reducing services. It is about improving management processes and thereby improving services for patients.

The appointment of a general manager with responsibility for the three hospitals concerned is also in line with the approach of the governance of acute hospitals recommended in the Health Information and Quality Authority's report on quality and safety of services at the Mid-Western Regional Hospital, Ennis, which was published in April 2009. This report identified integrated governance across hospital networks as an important factor in ensuring higher quality services for patients.

The HSE is committed to full engagement with all stakeholders in regard to this matter. The final interviews for the general manager post will not be held until the competition to appoint a regional director of operations in HSE West is concluded. This means that the regional director can take an active part in the selection process. I understand this process is due to be concluded shortly.

The HSE has already met the unions involved to discuss the context of the appointment of the general manager. It is due to have a further meeting with the unions in the near future.

The Minister is satisfied that the plan to recruit a general manager with responsibility for Galway University hospitals, Portiuncula Hospital and Roscommon County Hospital will enhance the capacity for collaboration in service provision, provide a more strategic approach to the management of the hospitals concerned and ensure the provision of better and safer services to the people of the region.

I wish to assure the House on the Minister's behalf that Portiuncula Hospital will continue to play a key role in the provision of hospital services to the population of east Galway and the other areas it serves.

Search and Rescue Service.

Acting Chairman (Deputy Johnny Brady)

Deputies O'Shea, Coveney, Kehoe, Stanton, Deasy and Browne have ten minutes and therefore they will have about a minute and a half each.

Deputy Brian O’Shea

Since it became known in the south east and south coast regions on Monday of last week that it is proposed to reduce the coastguard search and rescue helicopter service from Waterford Airport to daylight hours only there has been outrage across the board. The protest against the proposed downgrading of the helicopter service is about safety — the safety of fishermen, sailors and those involved in sea based and water based leisure activities immediately come to mind.

The fundamental question is whether the safety of these groups in the south east region and along the south coastline is less important than the safety of similar groups in other parts of the country. When major emergencies occur at sea, speed can often be the essence in the matter of best outcomes in regard to life and death. Are the Department of Transport and the Irish Coast Guard seriously suggesting that in the absence of the search and rescue night-time helicopter service at Waterford Regional Airport seafarers in distress at night along the south east and south coasts can be reached as quickly as with the current 24 hour service? Why was the fact that many international air routes cross the area within range of Waterford Airport not taken into consideration as part of the risk assessment?

The decision to downgrade the search and rescue helicopter service at Waterford Regional Airport must be rescinded immediately and I demand that the Minister does just that. When taken in conjunction with the proposal to close the Waterford-Rosslare railway line, the Minister for Transport appears to be hell-bent on reducing transport provision in the south east while developing services elsewhere.

Deputy Simon Coveney

In the absence of the Minister for Transport, I ask the Minister of State, Deputy Andrews, to take serious note of this issue. It is very unusual in an Adjournment debate in this House that the three main parties are represented and speaking off the same hymn sheet with the same concerns.

I am one of the people who has been privileged to experience first hand the professionalism of the search and rescue helicopter service coming from Waterford, having been picked up off a boat in fairly rough conditions, and I am convinced that this is a misguided decision. It will put people's lives in danger and in time will be reversed following a tragedy off the south or south east coast, whether that be 50 miles south of Waterford or off Kinsale or Cork Harbour. It is not acceptable to have only day time cover for the entire south coast, from Wexford through to Glandore and 50 miles southwards. These are busy fishing waters with shipping lanes which are used for recreational purposes, including angling and sailing. It is not true that a helicopter based in Shannon or Dublin could cover this section of water in an adequate time period. Time is of the essence if a boat is sinking or someone is in the water at night. Fortunately, a number of lives have been saved in the past two or three years directly as a result of having an active and professional helicopter service based in Waterford.

To seek to save no more than €1 million per annum in the context of a contract worth €500 million over ten years is irresponsible and will, unfortunately, result in a tragic and unnecessary death off the south coast. I understand the contract will be signed next week. I ask the Minister of State to appeal to the Cabinet to reverse its decision before the signing take place.

Deputy Paul Kehoe

It is unfortunate that I must speak tonight on the Coast Guard helicopter service serving the south east and waters off the south east and south coasts. This is a vital service for people in counties Cork, Waterford, Wexford and south County Wicklow. As a Deputy from a county with a strong fishing industry, I am all too aware of the importance of the Coast Guard helicopter service. A number of fishing tragedies occurred in late 2007 and early 2008, primarily in counties Waterford and Wexford, although a number of boat owners in County Cork were also involved. At that time, the importance of the service became clear.

Deputy Coveney is correct that the proposed measure will be reversed when lives are lost. I cannot believe the Cabinet gave a green light to a recommendation to reduce the Coast Guard helicopter service based at Waterford Airport. The decision to reduce the service to daylight hours only is a major issue in the affected counties. It is sad that the Cabinet agreed that lives will be put at risk for the sake of money.

When I asked how a major tragedy off the Cork, Waterford or Wexford coasts would be handled by emergency helicopters based in Shannon, Sligo or Dublin, I was informed the new fleet of helicopters is 50% faster than the current fleet. I do not accept this is a solution because having a local service is the best and safest practice. It is unacceptable that the Waterford based service will be reduced to daylight hours. A person's life is worth more than the potential savings from the proposal. A full 24 hour, seven day service would cost an additional €1 million.

I ask the Minister of State to tell the Minister for Transport and his officials that people living along the southern and south eastern coastlines will not accept the Government's decision lying down. The proposal is a holy scandal and the Minister for Transport must reconsider it.

I thought members of the Cabinet were considerate individuals. The decision to reduce the Coast Guard helicopter service in the southern and south eastern coasts is absurd. I ask the Minister to reverse it before the contract is signed in the days ahead.

Deputy David Stanton

I thank the Ceann Comhairle for allowing Deputies to raise this important issue. I am disappointed, however, that the Minister for Transport is not present to hear our contributions.

The two lifeboats based in Youghal and Ballycotton in my area work closely with the Coast Guard helicopter service in search and rescue operations. My colleagues referred to accidents and tragedies. One of the busiest shipping lanes in the world is located only 50 miles south of Youghal, Knockadoon, Ballymacoda, Ballycotton and Cobh. Moreover, pleasure boating has increased significantly in recent years and we are hoping to have new marinas in the area shortly. This is important in light of the strong emphasis on tourism at present. People become sick and have heart attacks on boats and ships. Time is, therefore, of the essence.

I could not believe the news that we would only have a daytime service in the region as a result of the night service being removed from Waterford. The decision does not make sense. The crews in Waterford know the region and have trained in the area, which is important in the case of services of this nature. If the newer helicopters are faster than the current fleet, why not locate them in Waterford and have a 24 hour service in the region? I understand the new helicopters are smaller and may not be able to carry as many survivors.

In the matter of saving lives, which is what we are discussing, time is of the essence and minutes count. Irrespective of whether someone has had a heart attack on a ship or boat or somebody is in the water, it is vital that help arrives as quickly as possible. I am afraid that this decision, if implemented, which I hope will not be the case, could put lives at risk. Let us see sense and stop the measure.

Deputy John Deasy

In recent days, the Minister for Transport, Deputy Noel Dempsey, has made a number of what could be characterised as insulting or at least dubious comments. At a road opening a couple of days ago, he stated that the Coast Guard service was the entity that made the recommendation on the helicopter service which went before Cabinet for decision. That is not true, as we learned in our discussions with representatives of the Coast Guard service a couple of days ago. They made clear that while they laid out some options for the Department, it was the Department that made the specific recommendation that went to Cabinet. That is an important point of distinction.

The Minister also stated the measure would result in a better service. While it may create a better service for people on the western and northern seaboards and parts of the eastern seaboard, it will certainly not create a better service for the southern and south eastern coastlines. The important point is that someone who ends up in the water after an accident will have to wait longer for a helicopter to come to his or her rescue.

The budget for the rescue service contract over ten years has been increased to more than €500 million. How one can end up with a worse service after increasing the budget demonstrates, without a shadow of a doubt, bad government.

Deputies debated the Road Traffic Bill this week. I cannot help but recall the premise cited for introducing the Bill, particularly its provisions on drink-driving. It was touted in the newspapers week after week that the drink-driving measure would save between one and ten lives every year. The decision by the Cabinet to remove the 24 hour helicopter rescue service from Waterford will cost lives in the south and south east. The level of concern shown for road traffic accident victims does not appear to be matched by concern for people in the region affected by the decision.

Deputy John Browne

I will share time with my colleague from County Waterford, Deputy Brendan Kenneally.

For many years, people from across the political divide fought to secure a 24 hour helicopter rescue service for Waterford. Having secured the service in 2004, it is daft that in 2010 we are informed it will be reduced to a 12 hour service. We have had discussions with officials from the Department on the matter. When I met the Minister for Transport this evening on a walk through the House, I informed him, as a Fianna Fáil Party Deputy and chairman of the Fianna Fáil Parliamentary Party, that it is unacceptable to Deputies from the south east that this service will be reduced for the sake of achieving savings of €1 million per annum.

In recent days, the Department informed us that the budget for the emergency rescue service has been increased from €27 million to €52 million. Despite this increase, people in the south east will suffer because of a shortfall of €1 million. We are talking about Arklow, Rosslare Europort, major fishing ports, Belmont Harbour and right into Cork, involving probably 1 million people along the coastline. Only a small amount of money is involved but it is very important to the people of the south east that this service is restored.

I ask the Minister of State, Deputy Andrews, as a Fianna Fáil Deputy, to bring the message loud and clear to the Minister for Transport, Deputy Dempsey, and to the Taoiseach, that we want a 24 hour service from 2013, the same as exists at present. Nothing else is acceptable. We are entitled to the same service for our people on the south-east coastline as that enjoyed by the people in the west, the south and Dublin. It is not good enough to say that a helicopter will arrive only nine minutes later because now they are faster, better and more modern, with paramedics on board and all of that. If a person is in the water, nine minutes is a long time. This situation should not have to be accepted. A huge amount of money is being spent in the Department of Transport. The sum of €1 million per year is a mere pittance and I ask the Minister to reverse this decision. More important, I ask the Taoiseach to ensure at the next Cabinet meeting, in the ten days before the contract is signed, that we will have our 24 hour service returned.

Deputy Brendan Kenneally

I thank Deputy Browne for agreeing to share his time with me. I agree wholeheartedly with all the previous speakers. We are discussing health and safety and in my view one cannot put a price on that. I shall relate a very quick story arising from a telephone call I received from a woman who rang my office and spoke to me about her experience a number of years ago when she was on a ferry leaving Rosslare. This was before we had the 24 hour service in Waterford. It was a very rough crossing and unfortunately a man was swept overboard. The captain was informed immediately and the boat turned around. It takes a while to turn one of those vessels around. People could see the man floundering in the water. He was able to keep swimming for some time but it was too rough to launch a boat to go to him. The ship could not get too close because it would drag him underneath. The crew had called for the helicopter, which was not coming from Waterford, but a few minutes before it arrived that man drowned. He could not keep going any longer.

If we do not bring the 24 hour service to Waterford this will happen again and again. We cannot put a price on health and safety. At the briefing we had with officials in the Department of Transport last Monday, they told us it would take an extra 9.5 minutes for the helicopter to arrive during the down period in Waterford Regional Airport. That would have been too late for the man I mentioned and it will be too late for the next person if the same thing happens to somebody on a ferry or a fishing boat or to a person involved in leisure activities. It is not good enough.

We in the south east give cross-party support to this matter and are as one on it. We will not stand for the cutback and I hope the Minister of State will bring that message back to the Minister, Deputy Dempsey.

Deputy Barry Andrews

I am very pleased to have this opportunity to speak on the subject of the search and rescue helicopter service. There has been much ill-informed comment about the proposed new helicopter contract. As we are in a standstill period of the procurement process and are about to commence contract negotiations I am somewhat constrained in what can be said. However, I can make the following points. The new contract has been presented as a cutback in services. Nothing could be further from the truth. Far from being a cutback, the contract is a massive half a billion euro investment in maritime search and rescue capability on the island. The new contract will cost significantly more on an annual basis than the current contract because of the improved service to be provided. The proposed contract represents a dramatic increase in funding for search and rescue helicopter services——

Deputy Simon Coveney

Can we have a copy of the Minister of State's speech?

Deputy Barry Andrews

I do not have any copies. In normal circumstances the ushers circulate copies. I will undertake to ensure they will be provided to Deputies at the earliest time possible. I appreciate their flexibility.

The proposed contract represents a dramatic increase in funding for search and rescue helicopter services in Ireland, from approximately €30 million to €50 million per annum. This is an increase of €20 million a year for this service alone in difficult circumstances. The Government has also approved the retention of four helicopter bases, including Waterford, for a period to at leas 2023. The new contract represents a stepped improvement in the capacity range, speed and capability of Ireland's SAR service.

Deputy John Deasy

Did the Minister of State say 2023?

Deputy Barry Andrews

The date was 2023, with regard to Waterford.

Deputy John Deasy

Was it for a 24 hour service?

Deputy Barry Andrews

The existing contract expires on 30 June 2010 but includes a once-off option to extend individual bases flexibly, by different lengths, to a maximum of three years to 30 June 2013. The Government therefore decided to replace the current flight at a significant additional cost of approximately €20 million per annum.

Modern helicopters are much more capable than the current aircraft and fly at about 155 knots. They can lift more people from further out at sea and are usually able to fly in cloud. They are also more available and dependable, requiring less routine maintenance and are less prone to break down.

Bidders were required to quote for a number of options by which the target level of service could be provided. Each of the compulsory options meant that the Coastguard helicopter would reach at least 70% of all incidents within one hour. The preferred bidder has now been nominated and the Department of Transport is in the standstill period before contract negotiations can begin. The annual cost will increase very substantially as a result of the provision of modern helicopters. This increased cost must be found from within the Department of Transport's existing budget over the next ten years. However, it will deliver a marked improvement in the service. The new helicopters will fly to the scene of the mission faster, find the vessels or persons in the water more efficiently using better search surveillance and tracking tools, winch them to safety more quickly, provide better medical facilities on board and return them to safety in the shortest time possible.

I confirm again that there will be no change in the 24 hour availability from the Waterford base from July 2013, if ever. Furthermore, the future of Waterford Airport as a base for a coastguard SAR helicopter will be cemented until at least 2023. Although a 12 hour contract is to be negotiated for the post-2013 period the Government is committed to keeping this position under review in the light of the operational requirement at Waterford, the availability of funding and contract negotiations. To put the 12 hour operation in context, in 2009 this would have required 13 of the 113 missions flown from Waterford to be met from another base. In some cases the new helicopters would have arrived earlier but, on average, the additional time required would have been about ten minutes.

At a national level, in difficult financial circumstances, this new contract is a major recognition by the Government of the value of the Irish Coastguard and the communities it serves. It is also a substantial commitment to the continuing development of Irish maritime safety services.

I thank the Deputies for their understanding.

Invalid Marriages.

Deputy Joe Costello

I am delighted to have the opportunity to raise this issue. It came to public attention about two weeks ago that foreign couples who married in their countries' embassies in Ireland had contracted invalid and illegal marriages. Naturally, this came as a great shock to more than 3,000 non-nationals who had married during the past three years in the embassies of their countries. Those affected came not only from European Union member states but also from non-EU states. Everybody who married in a foreign embassy in this country was affected.

The situation arose from a requirement under the Civil Registration Act, which was passed in 2004 and came into force in November 2007. From that date onwards there has been a requirement to have an official registrar attend the embassies where marriages take place. Failing that, under Irish law the marriage is invalid and declared null and void and illegal. The same situation operates with regard to international law because a marriage must be valid in the country in which it takes place. This means that even though the foreign nationals may think the marriage is valid in the eyes of their own countries' law it cannot be so because the requirements of the country in which the marriage took place have not been fulfilled.

We have a right legal mess and as a result 3,000 couples find themselves in a complete legal limbo. In a situation like that all sorts of legal problems are created for the couples and their children. How can they get their birth certificates registered? Is there a single parent, or are there two, in terms of the marriage? How can one deal with the legal issues in that respect? It seems incredible that it took the best part of three years for the Irish Government to inform the embassies of the legal situation. I understand it only came to light when the General Register Office wrote to the embassies last month — approximately three years later — to inform them of the situation that now exists.

We have to do our best with the situation, which is as it is. I understand that complex legislation will be required to remedy this intricate problem. There is a danger that we will pass legislation that regularises the situation from here on in, without being sure that it regularises the situation that existed in the interim limbo period after these marriage ceremonies were performed. What are the implications of the actions that have been taken since such ceremonies by couples who were certain they were married, but were not? They may have entered into numerous contracts, etc. Some form of retrospective legislative decision-making will have to take place. That is always very dangerous in constitutional terms. I would like the Minister of State to tell the House what immediate steps the Government plans to take. When is it proposed to bring legislation before the House? Has the Government received the advice of the Attorney General on the ramifications of this problem?

Deputy Barry Andrews

I am pleased to have an opportunity to address the House on this issue on behalf of the Minister for Foreign Affairs. If a marriage performed in Ireland is to be recognised by Irish law, it must be conducted in accordance with the Civil Registration Act 2004. This means, among other things, that the marriage must be performed by a registered solemniser under that Act. Only ordained ministers of religion, or registrars employed by the Health Service Executive, are eligible for registration as solemnisers. Foreign diplomatic personnel are not eligible under the present law. While marriages performed by embassies in Ireland have never been recognised in Irish law, they may be recognised in the laws of the states whose embassies perform them. In international law, a marriage performed at an embassy will be internationally recognised only if it is recognised in the country in which it is performed. For this reason, a state proposing to perform marriages at its embassies abroad should ideally consult the relevant local authorities in advance to establish whether such marriages will be recognised in all states, or only in the state whose embassy performs the marriage. As Irish law does not recognise or regulate embassy marriages, we have no statistics on how many such marriages have been performed here. Under the Vienna Convention, embassies here are obliged to respect Irish laws and regulations, just as Irish embassies abroad are required to respect local laws. Many countries will not regard as valid a marriage performed by a foreign diplomat or consul in their territory. This means the marriage would be unlikely to be regarded as valid in any country other than the diplomat's sending State.

Nothing in Irish law authorises an Irish diplomatic or consular officer to perform a marriage ceremony on the premises of an Irish diplomatic mission. When it recently came to the attention of the Department of Foreign Affairs that a number of embassies have been performing marriages, the Department contacted the Registrar General and the then Department of Social and Family Affairs and advised all embassies of the requirements of the law governing marriages in Ireland. A number of embassies recently raised concerns regarding the non-recognition of embassy marriages. The embassies acknowledged the right of the Irish authorities to regulate this area as they consider appropriate and said no further marriages were being arranged. However, they were concerned about the position of those who had contracted embassy marriages in the past. They requested the assistance of the Irish authorities in this respect. The Department of Foreign Affairs issued a note to all resident embassies in Dublin informing them of the legal requirements for the conduct of marriages in Ireland. The note stated:

There is no provision in the Civil Registration Act for the recognition of diplomatic or consular officers as solemnisers of marriage in Ireland. Accordingly, marriages performed by diplomatic or consular officers at embassies or any other locations are not recognised in Ireland as valid marriages.

The matter is being reviewed by the Departments of Social and Family Affairs and Foreign Affairs to consider what, if any, assistance can be provided to couples who have encountered practical difficulties as a result of the non-recognition in Irish law of marriages performed at embassies here. The Department of Foreign Affairs will be in contact with embassies as soon as these consultations have concluded.

The Dáil adjourned at 9.25 p.m. until 10.30 a.m. on Thursday, 25 March 2010.