Dáil Éireann debate -
Wednesday, 26 May 2010

Vol. 710 No. 2

Inland Fisheries

Deputy Seán Sherlock

This issue boils down to some simple facts. Fermoy Town Council has been instructed to fix a fish pass on the River Blackwater in Fermoy to adhere to an edict from the European Commission handed down on foot of a complaint by persons or bodies unknown on the matter of the impediment to fish swimming up river west of Fermoy. The local council does not have the means to pay for the repair of the fish pass, which is protected and which the council owns. The estimated cost of repair is €100,000. The Department is unwilling to cover the cost of the repairs. Last Christmas, the Minister of State, Deputy Conor Lenihan, gave Fermoy Town Council until the end of 2010 to repair the damaged fish pass at Fermoy weir to become compliant on foot of the complaint to the EU Commission.

The Southern Regional Fisheries Board, which may or may not have been the originators of the complaint and which favours the replacement of the weir with a rock ramp pass, when asked through a freedom of information request about its involvement in the matter informed the secretary of the rowing club, Mr. Donal O'Keeffe, that old files were destroyed in a flood in 2009. In the meantime, the Minister of State, Deputy Conor Lenihan, informed Fermoy Rowing Club last week that he is deeply concerned no progress has been made in the past six months. He went on to indicate that the rock ramp would definitely happen if Fermoy Town Council does not repair the fish pass. When informed that the council has no money to effect these repairs, the Minister of State made it clear it is the duty of Fermoy Town Council, as owners of the weir, a protected structure, to find the money somewhere. The Minister said that he cannot give them money towards the cost of repairs to the fish pass. However, the Government, of which the Minister is a member, is willing spend a multiple of €100,000 in order to install a rock ramp pass at the behest of the Southern Regional Fisheries Board.

Incidentally, there is no indication that the EU Commission has instructed the Government to install a rock ramp pass but it was satisfied that the repair of the fish pass was sufficient. In the meantime, we still do not know how many salmon are moving up river, because there is no fish counter in Fermoy town.

We all want to see fish being caught on the rod, and I do not particularly wish to see the Duke of Devonshire taking the lion's share of the spoils below in Clondulane weir, but we must ensure that there is a balance struck between ensuring that fish have safe passage and guarding the future of the rowing club.

Let the Government assist with the cost of the repair of the fish pass and install a fish counter in Fermoy. Let common sense prevail.

Deputy Conor Lenihan

I welcome the Deputy raising this evening the impact of fish migration at the weir in Fermoy, which is in the ownership of Fermoy Town Council. The Deputy's acknowledgement of the need to ensure adequate fish passage on the River Blackwater, in order to comply with our obligations under European law, is also to be welcomed.

The council, which acquired the weir some years ago, is responsible, as are other weir owners, for the maintenance and upkeep of the weir. Following a complaint to the European Commission and the technical investigations undertaken subsequently, the town council was directed to reduce the barrier effect of the weir on the migration of certain protected fish species, in order to ensure compliance with the EU habitats directive. The council was also directed to ensure that the activities of the local rowing club were not adversely affected by the works necessary to ensure the passage of migratory fish.

On taking up responsibility for the inland fisheries brief, I reviewed the approach to resolving the barrier to fish passage at Fermoy. I was aware of the importance of making progress to deal with problems of fish passage and was anxious to avoid any further delays in this regard. Accordingly, I actively engaged with the town council and the local rowing club on the matter, in terms of how they considered their needs could also be met. I listened carefully to the arguments of the council and local rowing club and their strong view that an alternative to the rock ramp proposal would provide a viable solution to the issue of fish passage at Fermoy.

While the advice available to me differs from this position, having listened to the arguments of the council and rowing club, I agreed to afford the council, the owner of the weir, an opportunity to implement its preferred solution of repairing the existing fish passes on the weir. I have made huge efforts to go towards the council, the rowing club and other interests in Fermoy, including local Deputies, so that I can accommodate their obvious concerns in this area. I now urge them to continue to do and complete the works as directed. I would add that I also made it abundantly clear that if that solution did not work, then I would have no alternative, indeed no hesitation, in requiring the rock ramp proposal to proceed.

To give practical effect to my decision, I revoked the original 2006 direction and issued a new direction in December 2009 to the Fermoy Town Council under section 116 of the Fisheries (Consolidation) Act 1959. That direction required the council to undertake immediate repairs to the existing damaged fish passes in the weir in order to reduce the barrier effect of the weir on migratory fish species.

In light of my discussions with the European Commission authorities, having listened to the council and the rowing club and having had the advice of the Attorney General, as the chief law officer to the Government, I came to the conclusion that affording the council an opportunity to explore its preferred solution of the repair of the existing fish passes was the appropriate immediate action. That was not an easy decision for me to make in the light of the technical and scientific advice I was being given by my Department. I have given the council every opportunity to act immediately and with speed to repair and make the relatively minor works envisaged by the repair of the existing fish pass.

Deputy Seán Sherlock

What about the cost arguments?

Deputy Conor Lenihan

If that is done, there is every chance the rowing club and all of the local interests, political and otherwise, can and will be satisfied. If people do not move quickly, I, given my EU obligations, will have no option but to act in the other direction, which is where the technical and scientific advice is leading me.

All parties involved must, however, recognise the conservation imperative here in our management of salmon stocks and appreciate that Ireland is a committed member of the European Union. We are equally dedicated to meeting our responsibilities under EC law. I have created an opportunity for the council to demonstrate that its preferred solution of repair to the fish passes offers a viable solution to the issue of fish passage at Fermoy.

I flew directly to Brussels to consult with the EU Commission on this matter. I am satisfied, given the advice I have received from the Commission and the Attorney General, that we have an opportunity here. The council's most favoured option, and that of many local interests, to repair the fish pass can and should be executed but it should be executed quickly. Further delay will not be helpful. It is now a matter for Fermoy Town Council, the owners of the weir, to implement its proposals in 2010 and monitor their effectiveness. In creating this opportunity, I would stress that there is no dilution of Ireland's commitment to meeting its obligations in relation to protected species under the habitats directive.

The effect of the repairs proposed on fish migration will be closely monitored and if the required improvement in fish migration is not achieved, I have made it clear that I will not hesitate to direct the town council to undertake further major works. I will be seeking a progress report from the town council on this matter.

I have always made it clear that the work was to be undertaken without delay and have urged the council to seize the opportunity that I have presented, as further delays in addressing this issue will not be acceptable. I am acutely aware of Ireland's obligations under the habitats directive and our reliance on the town council to provide the for improved fish passage on the River Blackwater. I am anxious that the repair works should be carried out as soon as possible in 2010.

I thank the Deputy for raising this matter again. Whatever about the protestations and claims of not having resources, the town council should go ahead with the relatively minor works. The other works are extremely expensive.

Deputy Seán Sherlock

Even minor works are unaffordable to the town council. The Minister of State's response is wholly inadequate and quite disingenuous.

Deputy Conor Lenihan

I must respond to that. I have moved hugely and extraordinarily to assist the people in Fermoy. I have spoken to them directly. It is now up to them to deliver.

Services for Children with Autism

Deputy Richard Bruton

I am sure the Minister of State is as much aware of this sort of problem as I am. On the north side of Dublin we have a problem with primary schools getting services for the support of autistic children. However, what is most distressing is that when children have secured those services, after waiting, and make progress through the education system with the support of appropriate services, they then move to second level where the whole support structure falls away. In my constituency, St. Joseph's post-primary school in Fairview has 17 children in need of autism services. Only eight of them have the support services of speech and language therapy, occupational therapy, psychological support and psychiatric service, as one would normally expect. Of the other nine, five are on a waiting list and the others are getting no service.

Is that good enough? These children are in the system. There is no question of people not knowing about them. However, when this was questioned the service provider, Beechpark, said it did not know of the existence of some of the designated children and they thought there only six children and not 13. Where was the Department of Education and Skills in keeping track of children and the service provider and in making sure Beechpark knew about them?

The children were told enrolment was not a matter for them, so that if children were enrolled it was not a matter for them and being enrolled did not guarantee them access to needed support services. How can one say a child who makes progress and has support at primary level has no right to continuing support at second level, other than joining the end of a queue? That is what seems to be happening. I cannot understand how the Department can stand over the lack of what it calls a demand-led scheme in the case of children who have been in primary education and are moving on to secondary education, as any child should. The system does not anticipate their need. This leaves the service provider, Beechpark, in an impossible position in that it must turn to the school and say it cannot support the children and that they must be put on a waiting list. There is no prospect of the children of the waiting list getting help this year.

The school is in an impossible position. What is to happen if there is an emergency requiring the children to have psychological or psychiatric support? There is none available to them. How is the school supposed to continue to cope with that?

Some of the children are subject to what the Department calls a transferral period, whereby they receive support for six months before being put on the waiting list. There is a worry that, at the end of the six months, they will just disappear into the ether and that there will be no continuing commitment.

This is a huge issue. The House passed the Education for Persons with Special Educational Needs Act so every child would have support provided according to his needs. In the case in question the Department is allowing the whole structure to fall apart where a child moving from primary to secondary education, as is natural. This is not good enough in St. Joseph's in Fairview. Apart from the nine children in question, there are 66 children in the wider catchment in Dublin North-East in the same boat.

This is a chronic problem. I am sure the Minister of State is aware of the problem from his constituency experience and I ask him to talk to the Minister about it. Something must be done to crack it. Children with special needs of the kind outlined must not be abandoned after so much was put into their development. The Department is risking a falling apart of the system for want of continuing support services.

There is a lack of joined-up thinking in the Department of Education and Skills. It delegates responsibility to the Department of Health and Children, which is equally bizarre, and the child is left swinging. The Minister of State needs to take a hard look at this issue. If he cannot address it tonight, will he consider it further to determine whether a solution can be found?

Deputy Conor Lenihan

I thank Deputy Richard Bruton for raising this matter and I am pleased to take this opportunity to outline to him the position on the provision of services for children in the autistic or Asperger's range on the north side of Dublin.

Government policy and best practice recognise that clients and service users need to be at the centre of service delivery. On an ongoing basis, we are examining the way in which services are delivered to ensure people with disabilities are provided with the best possible services in an efficient and appropriate manner.

Progress has been facilitated in a number of areas in recent years by close co-operation between the health and education sectors, in particular the cross-sectoral team established by my Department and the Department of Education and Science in 2006.

Two legislative elements of the national disability strategy are the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004. Part 2 of the Disability Act 2005 commenced for children aged less than five years with effect from 1 June 2007. This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment.

In light of the current financial circumstances, it has become necessary to defer further implementation of the Disability Act and of the Education for Persons with Special Educational Needs Act.

The Government has put considerable resources into schools to enable them to meet the needs of children with special educational needs. Over €1 billion was spent within the education system for this purpose alone last year. Students with disabilities will continue to receive support as they have for the past ten years. The Deputy is fully aware that the Department of Education and Skills has prioritised the provision of special education supports to schools. This is a key Government policy.

The Deputy will be aware that the National Council for Special Education, NCSE, through its network of local special educational needs organisers, is responsible for allocating resource teachers and special needs assistants to schools to support children with special educational needs. The NCSE operates within the criteria of the Department of Education and Skills in allocating such support. The NCSE is independent in the making and issuing of its decisions relating to the allocation of such supports.

The NCSE has advised that it is actively identifying and meeting the demand for places for children with Asperger's syndrome and autism in north County Dublin. The NCSE will continue to engage with schools in the area with a view to establishing further autism classes, as required.

On the matter of support services raised by the Deputy, the HSE provides services for individuals with autism spectrum disorders from childhood to adulthood, either directly or indirectly by both statutory and non-statutory service providers. These services include assessment, diagnosis and ongoing treatment and intervention supports. Ongoing interventions and supports may include home support services, respite services and multidisciplinary team supports.

As the name of the school has not been provided, the HSE has assumed that the Deputy is referring to St. Joseph's school in Fairview. Beechpark, as a HSE service, provides clinical supports for children with a specific diagnosis of autistic spectrum disorder, who do not have a significant developmental delay, up to 18 years of age who attend designated special schools, outreach preschools and outreach classes and a number of ABA/ABACAS facilities in Dublin, Kildare and Wicklow.

The Beechpark north-side outreach service provides the clinical supports for children attending schools on the north side of Dublin. This service is not a demand-led service and must operate within a defined allocation of resources. There is currently a capacity issue regarding the number of children Beechpark can support across the Dublin, Kildare and Wicklow areas.

The HSE understands there are four pupils moving from St. Joseph's national school into the post-primary school in September. These children are being wait-listed for support services, but as with all pupils from outreach classes who complete primary education, a six month transition support program is available from the clinical team to ensure a smooth transition to the next level.

Beechpark has a number of children wait-listed for multidisciplinary support services arising from the volume of new classes that have been established across the Dublin, Kildare and Wicklow areas. These children are in preschool, primary and post-primary education. In Dublin's north-eastern region, there are 11 new classes with an overall capacity of approximately 66 children, including those transferring from the St. Joseph's school in Fairview, who may require supports in September 2010.

The provision of supports to these new classes requires additional resource capacity which is not being made available to Beechpark services in 2010. The resources currently available to the four children currently in St. Joseph's primary school do not transfer into post-primary education as there are children on the waiting list to take up the places vacated within the primary school.

Deputy Richard Bruton

They lose the support. How can the Department stand over that?

Deputy Conor Lenihan

The HSE is currently carrying out a national review of autism services. This review, which is due to be completed by September of this year, will identify the core principles of service delivery and standards of practice that will guide national autism services. The issues concerning services to children with autism spectrum disorders, in addition to those relating to services to adults with autism spectrum disorders, are being examined.

Deputy Richard Bruton

How can the Minister of State stand over abandoning them when they move from primary to secondary education? It does not make sense.

The Dáil adjourned at 9.20 p.m. until 10.30 a.m. on Thursday, 27 May 2010.