Dáil Éireann debate -
Tuesday, 24 May 2011

Vol. 733 No. 1

Adjournment Debate

Registration of Deaths

Deputy Seán Kyne

I thank the Ceann Comhairle for this opportunity to speak on the important issue of the registration of deaths abroad.

It is now over a year since the Bring Them Home campaign made a presentation to an Oireachtas committee on the need to amend the Civil Registration Act 2004. Unfortunately, no changes to the legislation have been made to rectify the issue which the campaign raised and explained so clearly. The position remains today that a family of an Irish person who dies abroad cannot have that person's death registered in Ireland. The legislation, as it stands, stipulates that the death of an Irish citizen abroad may only be recorded and registered in Ireland if that death occurred on an Irish ship or aircraft, on a foreign ship while it was in transit or if the deceased person had been a member of An Garda Síochána or the Defence Forces. It is right and proper the deaths of our service personnel abroad be recorded in this State. However, it is also right and proper the deaths of all Irish citizens abroad be recorded by the issuing of a death certificate by the State.

Deaths abroad may be recorded by a registrar, other than a death to which section 39 applies, "if there was not at the time of the death a system of registration of deaths in the place where the death occurred or such a system that applied to such a death, or it is not possible to obtain copies of or extracts from civil records of the death".

Following representations from families who had lost relatives, in particular sons, daughters, brothers and sisters, the then Minister for Social Protection, Deputy Éamon Ó Cuív, committed to a review of the legislation in April 2010, a most welcome commitment. The then Minister held several meetings with the Bring Them Home campaign but the results of the review did not come to fruition prior to the fall of the previous Government, despite the many intervening months between the announcement of the review and the general election.

The latest position appears to be that the review, which is being undertaken by the Office of the Registrar General, is still ongoing. I acknowledge that reviews can, with the procedures to be followed, be complex and time consuming, no more so than when amendments to legislation are involved. However, this review is long overdue. The inability of us as legislators to be in a position to amend the Civil Registration Act is merely prolonging the pain of families who have lost loved ones abroad. This is unacceptable.

Thankfully, personally I have not lost a loved one abroad but every Member will have experienced loss of some type be it a parent, sibling, friend or neighbour. The loss of a loved one is traumatic. Can Members imagine those citizens who have suffered the horror and upset of a foreign death of a family member? Can they imagine the trauma of repatriation of the remains and the delays that could take place? Can they imagine that even when the burial is complete and the moving on begins, the State cannot give closure to these families by the issuing of an Irish death certificate?

In the case of our nearest neighbour, when a death of a citizen in the case of England and Wales occurs unexpectedly abroad, it is registered according to the local regulations of that country, a similar process to ours. However, the one important difference is that the death must also be reported to a coroner as if the death had occurred in England or Wales. If the death were expected, the family may register it and receive a UK death certificate, the record of which will be kept at the General Register Office's overseas registration section in Britain.

The Bring Them Home campaign has made use of the social media website, Facebook. To date over 4,100 people have lent their support for the amendment of the Civil Registration Act. A simple perusal of the campaign's Facebook page reveals the number of people — family and friends of deceased Irish people — for whom a small change to our legislation would mean so much. For many, it would represent closure and help in moving on while never forgetting their relatives and friends. It would also enshrine the memory of those citizens who have tragically died abroad and ensure future citizens will know the truth of what happened to their ancestors.

The review of the Civil Registration Act must be concluded as soon as possible. It must bring about a change in the legislation to allow for the registration of the deaths of Irish people abroad. It is such a minor change but would be a major difference to many. Will the Minister and the Government put pressure to bear to achieve this change?

Minister of State at the Department of Health and Children (Deputy Kathleen Lynch)

I am taking this matter on behalf of the Minister for Social Protection, Deputy Joan Burton. She apologised for not being able to take it but was already committed to a previous engagement.

Deputy Billy Kelleher

That is a slur on the House.

Deputy Kathleen Lynch

I thank the Deputy for raising this matter, a concern to many families.

The provisions and procedures governing the registration of deaths in Ireland are contained in Part 5 of the Civil Registration Act 2004. Where a death occurs in the State, it is the duty of a qualified informant, normally a relative of the deceased, to attend at a registrar's office and register the death on foot of a certificate of cause of death supplied by a registered medical practitioner. Where a death is referred to a coroner, the death is registered by a registrar on foot of a coroner's certificate.

In general, only deaths which occur within the State are registerable. However, section 39 provides for exceptions such as the deaths of members of the Garda Síochána or the Permanent Defence Force or of the spouse or specified members of the family of such a member outside the State while the member is serving outside the State as such member. It also provides for deaths of persons on board an Irish aircraft or an Irish ship, deaths of Irish citizens on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State.

Section 38 makes provision for the registration of a death of an Irish citizen domiciled in the State in certain specific circumstances. Where the death of an Irish citizen domiciled in the State occurs abroad, the death may be registered here if there was not at the time of the death, a system of registration of deaths in the place where the death occurred, or such a system that applied to such a death, or it is not possible to obtain copies of or extracts from civil records of the death such as a death certificate. In other words, if the death could not be registered or if a death certificate could not be obtained, the death can be registered here. Although the number of such cases is extremely small, it is considered reasonable to make provision for them.

The reasoning behind these provisions is simply to ensure that where deaths cannot be registered abroad, they can be registered here and that in all cases the relatives of the deceased have available to them a certificate of the death for personal, legal and administrative purposes. Usually, when an Irish citizen dies abroad the death is registered by the civil authorities of the place where the death occurred and a certified copy of the death registration is obtainable. This certificate, translated, if necessary, is normally sufficient for all legal and administrative purposes here and for these reasons alone there is no necessity for the death to be registered in the State.

Any broadening of the current provisions will require careful consideration. It will be appreciated that the number of people who live and die in other countries and who have or are entitled to Irish citizenship is very large. This would have implications for the registration process and for the vital statistics relating to deaths which are derived from registered events. The number of Irish citizens who are domiciled in Ireland and who die abroad is relatively small in the context of total deaths occurring here in any given year. The figures available in respect of some recent years are as follows; 2007, 150; 2008, 205; 2009, 243; 2010, 210 and for the first quarter of 2011, 56. My understanding is that the vast majority of these people were travelling abroad for leisure or business purposes. The Minister is conscious that each figure represents a tragedy and because the deaths occur away from home it is an additional heartache for the family.

As I stated, a death certificate is readily available in the overwhelming majority of these cases. However, the Government appreciates that many families of the deceased feel strongly that by registration of the death, the person's death is given recognition in his or her own country and also that this fact would assist during a period of considerable grief. The Department will, therefore, have this matter reviewed in the context of future amendments to the Civil Registration Act 2004. A general review of the provisions of the Civil Registration Act 2004 is expected to be completed later this year.

It might be possible to take a look at what our nearest neighbours have done in regard to legislation in this area and I will bring what the Deputy had to say in this regard to the Minister's attention.

Nursing Homes Support Scheme

Deputy Billy Kelleher

I hope the Minister of State with responsibility for older people can bring clarity to the issue of funding for nursing homes in the context of the fair deal scheme, which so far the Minister for Health and Children, Deputy Reilly, has been unable to do.

Deputy Jerry Buttimer

That is not fair.

Deputy Billy Kelleher

I am talking about the fair deal scheme. This is not about political gamesmanship. This matter has caused a great deal of distress and concern to many families and individuals who were in the process of being assessed and approved for funding for nursing home support under the fair deal scheme. To date we have had conflicting views in terms of the Minister's statement that the immediate issue of funding had been resolved; that anyone who had been assessed would be approved under normal procedure; and that a review would be carried out simultaneously and the HSE's statement that it will continue to assess but not approve applications. There is a divergence of views on this matter.

When the Minister, Deputy Reilly, assumed office he took ownership of the HSE and amid a fanfare of publicity arrived at its headquarters and sacked the board. However, to date he has been shy in regard to pointing out where the funding allocated for the fair deal scheme in the Estimates and budget went and whether that funding had been misappropriated. The Minister said on a number of occasions that he had concerns about where the money provided for the nursing homes support scheme went and whether it had been misappropriated. The HSE has stated that all funding went to care for older people in accordance with the various subheads. This is causing a great deal of concern and anxiety among older people. Also, there is absolute confusion between the Minister, who runs the health services, having appointed a new interim board and the HSE.

I would appreciate if the Minister of State could tell us tonight that the HSE is wrong in not approving people who have been assessed for the nursing home support scheme. This would bring clarity to the issue. I would also like to know what is wrong with the budgetary provision allocated last year. This matter was brought to the Minister's attention when he assumed office around 6 or 7 March. It is clear from the briefing documents the Minister received at that time that there were difficulties with funding going forward in the context of the anticipated level of demand which was over and above that of last year.

I know that the Minister of State is committed to her responsibilities in this area. We all welcome the fair deal scheme, which has addressed the concerns of families and individuals in regard to how they will fund nursing home care for their loved ones or themselves. We must ensure we do not create further anxiety in this regard. The following is stated in the programme for Government — this was obviously written late at night or in the early hours of the morning and certainly not in Government Buildings: "Investment in the supply of more and better care for older people in the community and in residential settings will be a priority of this Government." It also states: "Additional funding will be provided each year for the care of older people." I am quite certain that the people who wrote this were at the time aware of the budgetary position and constraints facing the incoming Government yet it is stated that additional funding would be provided each year. I am assuming that includes 2011.

The scheme was suspended for a time. The Minister was eventually flushed out and made a statement that the immediate issue of funding had been addressed pending a review. It is hoped that the Government will live up to its commitment in the programme for Government that additional funding will be provided each year for the care of older people. The programme also states that funding will go to more residential places, home care packages and the delivery of more help and other professional community care services. While the programme contains a strong aspiration for support of older people we would really like to see people put the money where their mouths have been over the past number of years and months in particular to ensure the anxiety, fears and concerns of families and their loved ones are addressed immediately.

Deputy Caoimhghín Ó Caoláin

I am disappointed that the Minister, Deputy Reilly, is not here to take this matter on the Adjournment. There is now serious confusion over what is happening with the fair deal scheme and it is the Minister's job to clear up that confusion and tell us, and more important, worried older people and their families how this is going to be resolved.

Last Wednesday, 18 May, it emerged in the media that the HSE had informed hospitals that funding allocated for the fair deal scheme in 2011 was running out even though we are only in the fifth month of the year. Naturally, these reports spread huge concern among older people and their families, including people already availing of the fair deal scheme and those who had applied or would be applying for it. Age Action reported that it was inundated with phone calls from concerned older people, some of them in tears.

On Friday evening we had the statement from Minister, Deputy Reilly, in which he claimed that €100 million in funding for fair deal was used for what he described as ancillary services, including therapies and drugs. The Minister was quoted as saying there was "tremendous confusion"between the HSE and his Department. He spoke of "some very strange figures coming through from various parts of the HSE." Then, quite amazingly, he said that through "confused messaging" money that belonged to one subhead has been spent on other subheads. We are talking about tens of millions of euros in public money. For "confused messaging" to exist about its allocation and spending is totally unacceptable. There was a sigh of relief when the Minister said that the fair deal scheme would recommence approving applications. That relief has been short-lived. I contacted the HSE only to be told that applications are not in fact being processed. I was told that the computer system for processing them has been shut down. In fact, the term used was that "the computer access has been disabled", which is shocking.

The HSE was reported today on the Irish Health website as stating that it has not yet recommenced approving applications for the fair deal scheme as it is still seeking clarity on the funding issue from the Department of Health and Children. The HSE also stated that it was not the case that money was diverted away from where it should have been spent, as claimed by the Minister. So, now we have the Minister and the HSE contradicting each other on this vital matter of the care of older people. Are we drifting, with our eyes wide open, into yet another crisis? When will the approval of applications re-commence? Staff in the various nursing homes support units throughout the country are denied access through the computer system.

The pressure on the fair deal scheme in the past year has already led to a situation where there are increasing numbers of delayed discharges of older people from hospitals, that is, older people are being kept in hospital beds longer than medically necessary because there are no nursing home places for them to go to, or now, as it seems, no fair deal scheme in operation to support them. The longer this situation drags on the worse the bed shortage in our already over-stretched hospitals will become. We have some 1,500 public hospital beds closed and, despite their election promises, there is no sign of the new coalition Government opening any of them.

We need absolute clarity and we need it now. We need the funding confusion cleared up and the funding restored. We need applications to be approved and older people to have some sense of security. We need all available beds accessible to those already cleared to occupy them.

These are real people. Tonight, in my home town of Monaghan an 89 year old lady remains in her flat, dependent on a limited home-care package and the continuing 24/7 care of her loving family. She was approved for fair deal access to a bed vacancy in a local state-of-the-art nursing home that became available yesterday. However, with no fair deal final processing she is unable to take up the offer at this time. That is outrageous. There are many other older people like the lady I refer to.

I appeal to the Minister of State, Deputy Lynch, to impress on the Minister to have the blockade of the computer system lifted and the process recommenced immediately.

Deputy Kathleen Lynch

I thank the Deputies for raising this issue. I agree with both of them that this is a very worrying time not just for elderly people, but for their families and those who support them.

This issue relates to the nursing homes support scheme, the fair deal, which is a system of financial support for individuals in public, voluntary and approved private nursing homes. The scheme is available to anyone assessed as needing long-term nursing home care, including dementia-specific nursing home care. The scheme involves a fundamental change in the way in which long-term nursing home care is funded. The new scheme supports the individuals in need of long-term nursing home care, not the facilities providing the care. This means that money follows the patients, regardless of whether they choose public, private or voluntary nursing homes. It ensures that these facilities are not being funded for empty beds. Almost 21,000 applications for the scheme have been received since its commencement, with nearly 3.000 applications received in the first quarter of 2011. Over 16,000 of these have been processed to completion.

It is important for people who are already in care to be assured that there is no threat to them. Old people are vulnerable enough and it is easy to worry them.

The legislation underpinning the scheme enshrines the principles of a resource cap, patient choice and funding following the patient. In this regard the total long-term residential care budget in 2010 was €979 million. The budget for long-term residential care in 2011 is €1.011 billion. This is effectively funding for the nursing homes support scheme, albeit that transitional arrangements, for example subvention, contract beds and saver cases in public nursing homes, must also be facilitated from within the subhead. The Nursing Homes Support Scheme Act 2009 defines "long-term residential care services" as maintenance, health and personal care services. The services which fall within the scope of long-term residential care include nursing and personal care appropriate to the level of care needs of the person; basic aids and appliances necessary to assist a person with the activities of daily living; bed and board; and laundry service.

The cost for each public nursing home has been determined using the definition of "long-term residential care services" underpinned by an agreed set of cost components which has been laid before the Houses of the Oireachtas. The scheme does not cover therapies because a person's eligibility for other schemes, such as the medical card scheme or the drugs payment scheme, is unaffected by the nursing homes support scheme. In other words, a person can continue to receive goods and services in accordance with the terms of these other schemes regardless of whether they are in a private nursing home or elsewhere. In determining the services covered by the nursing homes support scheme, it was considered very important that the care recipient and the taxpayer would be protected and would not end up paying for the same services twice. For this reason, goods and services that are already prescribed for individuals under an existing scheme are not included in the services covered by the new nursing homes support scheme because this would effectively involve paying twice for the same items or service.

As the Deputy is aware, the Minister for Health and Children has recently been made aware of a serious shortfall in the budget for this year. The budget is coming under pressure from, among other things, increases in overall costs and increases in net demand for long-term care. Furthermore the HSE has advised that the long-term residential care subhead is also funding services other than those covered by the nursing homes support scheme.

I should point out that we understand these other services, which include therapies and medication, are being provided to people in nursing homes. The Minister is currently seeking to ensure that only agreed costs are met from the long term residential care budget. The Minister has sought further information about the level of funding provided for, and the costs drivers impacting on the fair deal budget. The main priority at this stage is to establish what steps might be taken to allow more people to benefit from the scheme. In the meantime, applications for financial support under the scheme will continue to be accepted and processed. However decisions to grant approval will be subject to the availability of funding. A full examination of the funding situation is underway, conducted jointly by the Department of Health and Children and the HSE. The commitment in the programme for Government to review the fair deal scheme will be undertaken separately.

I find it rich to listen, not to Deputy Ó Caoláin, but to a Deputy who was a Minister of State when the Government allowed the Minister for Health and Children to distance herself so far from the Department that it was not merely at arm's length but out of her control. What we are looking at here must have been seen by the previous Government before it went out of office.

Deputy Billy Kelleher

We did not write the programme for Government. The Government wrote it. We do not mind being blamed for things we are responsible for.

Deputy Kathleen Lynch

I find it difficult to listen to that kind of rhetoric——

Deputy Billy Kelleher

We had to listen to it for 14 years.

Deputy Kathleen Lynch

——putting elderly people and their families under such pressure.

Cork Airport Security

Deputy Jerry Buttimer

I dtús báire cuirim fáilte roimh an Aire Stáit. I thank the Ceann Comhairle for allowing me to raise the issue of the breach of security at Cork Airport last Sunday. I ask the Minister to indicate in his reply the measures that will be taken to ensure the safety, not only of staff and passengers but of everyone at Cork Airport and other airports.

The breach of the security barrier in Cork Airport last weekend has caused much concern and raised many questions. Fortunately, there was no loss of life or serious injury on the ground at the airport. It is important to note that the frightening events began in Patrick Street, when a member of An Garda Síochána was confronted and attacked while driving his patrol vehicle, which was then taken by the assailant. The vehicle was driven through busy pedestrianised streets before, apparently, being driven through a barricade near the old terminal building at Cork Airport. I commend the bravery of the gardaí involved in the incident. Despite being attacked and having to place themselves in the way of danger, their actions prevented innocent bystanders from also being injured during the course of this incident. Over the past week, we have seen the excellent work that gardaí performed on important public occasions, but this incident shows the risks that each and every member of An Garda Síochána takes when they go on duty to protect all members of our society, for which they must be commended.

In raising this Adjournment matter, I am conscious that airport staff and the travelling public need reassurance. I very much welcome the fact an internal airport security review is under way. The incident last Sunday on the grounds of Cork Airport is serious and poses many questions. If one watches the event on YouTube or RealPlayer, one will see that a period of greater than ten minutes period elapsed before the car ran into a luggage truck bringing bags to an Aer Lingus flight bound for Amsterdam.

The issues raised by this security breach go beyond Cork Airport alone. Given that our airports are managed and controlled by a central body, neither Cork Airport nor Shannon Airport has full autonomy to decide how it is run. Therefore, the issues raised must be considered in the context of all three major airports. Security barriers obviously need to be improved and I call on the DAA to provide funding to upgrade the security of the perimeter fencing around Cork Airport. This incident could have been one with gargantuan consequences. Imagine if a fuel truck or aeroplane had been struck. We must ask if Cork Airport is secure and if its grounds are protected against a terrorist attack.

The Minister should also consider the wider issue of airport security. If such a breach can occur at Cork Airport, could a similar incident not occur at any of the other airports in the State? These events should cause us to reconsider how we operate our major airports and to ask whether they have adequate security staff on duty, whether the powers of the airport police are sufficient to secure a modern strategic infrastructural facility and whether there is a sufficient Garda presence at each of our airports. It is time to reconsider a security and operational model which has been in place for many years. Last weekend's incident has confirmed to us that state-of-the-art security measures should not just be confined to banning bottles of liquids greater than 100 ml on board aircraft, nor should it just be the scanning of individual passengers. It is obvious that we must consider all aspects of a modern airport to ensure that, in so far as is possible, all security weaknesses are minimised. I again thank the Ceann Comhairle for allowing me to place this matter before the House.

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

I thank the Deputy for the opportunity to discuss this matter. As Minister for Transport, Tourism and Sport, I have responsibility for formulating policy in the area of aviation security. I also have a statutory function to ensure the monitoring of compliance by airports, airlines and other relevant entities with national and international aviation security requirements. This function is carried out by my Department through the implementation of a comprehensive quality control programme at Irish State and regional airports which aims to ensure that security at Irish airports is at, or exceeds, best international practice.

It is important, however, to note that the actual implementation of security measures at individual airports within the State is, for operational reasons, a matter for the individual airport operator concerned, which, in the case of Cork Airport, is the Dublin Airport Authority, DAA. Therefore, when breaches of security of the kind that occurred in Cork last Sunday happen, it is the responsibility of the DAA in the first instance to deal with the matter.

I have been in contact with the DAA on the matter and it informs me that, on Sunday last, a male driving a Garda jeep at high speed breached the security fence close to the airport's cargo area, gaining access to the ramp area at approximately 4.45 p.m. It subsequently emerged that this man had stolen the jeep from a garda on Patrick Street in Cork city, following a violent assault with a knife. Cork Airport Police immediately responded to the incident and gardaí were notified of the incursion. I understand that at no point did any vehicle enter the live runway area. However, as a precaution air traffic control was notified to hold all flights to prevent any landings during this period. I further understand that, following a chase lasting some minutes, the Garda emergency response unit arrived on the scene and, with the assistance of the Airport Police, restrained the man with the aid of a Taser. He was then arrested and taken into custody.

During the incident at the airport, a garda was injured and some vehicles were badly damaged. I am sure the Deputy will join me in commending all those involved in resolving this incident for their contribution and their bravery on the day. I believe this is the first such incident of its type in the history of Cork Airport. Furthermore, based on current information, I am informed that it appears unlikely this was a premeditated act of unlawful interference with civil aviation. Rather, it was a criminal incident, albeit a very serious one.

Notwithstanding this, I note and share the Deputy's concern on this matter and, in particular, his view that, if possible, rectification measures need to be taken to ensure that the safety of all those using the airport is maintained and enhanced into the future. In this regard, it is worth commenting both on the actions taken immediately following the incident as well as planned future measures. I understand that immediately following the incident, the Garda sealed the area as a crime scene. Furthermore, I understand that all stands and taxi-ways were fully secured in accordance with standard operating procedures prior to being released into operation. Finally, until the fence breach was closed, an airport police officer and a garda were stationed at the gap to prevent further unauthorised access. The fence was repaired within hours and is now fully operational again.

It is worth noting that the perimeter fencing is regularly inspected and patrolled by the Airport Police. The fencing is the same type as is used in the vast majority of airports across the EU and beyond. It complies fully with the European security regulations as laid down in my Department's national civil aviation security programme, which itself is based on the highest international standards set down by the International Civil Aviation Organisation.

I know this incursion by a vehicle into the critical part of a security-restricted area is being taken very seriously by the DAA and that a review is being undertaken by the Cork Airport security officer, with the assistance of senior security personnel from Shannon Airport and from the health and safety, security and environment department of the DAA. This review will consider what reasonably practical additional measures can and should be deployed to reduce the risk of a recurrence of such an incident. I believe that a review of the incident is also being undertaken by the Garda, the results of which may also contribute to ensuring that the likelihood of such a random and in many ways abnormal event happening in the future are significantly reduced. The outcome of this review may be relevant to all other Irish and EU airports.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 25 May 2011.