Adjournment Debate

State Airports

Deputy Joe Costello

The matter I wish to raise on the Adjournment is the need for the Minister for Foreign Affairs and Trade to introduce an inspection regime at Shannon Airport to ensure that the integrity of Irish airspace is protected.

As the Acting Chairman will have read in the newspapers, there have been some disturbing revelations in regard to WikiLeaks in recent times. These revelations show that the previous Government was effectively paying lip-service to maintaining the integrity of Irish airspace. One of the main concerns was that one of the coalition partners, Fianna Fáil, was keeping its other partner, the Green Party, in the dark about what was going on. In the revelations the former Taoiseach, Bertie Ahern, is quoted as being: "behind Ireland's steadfast support for the United States in permitting US military transits (347,000 US troops alone in 2005) that backstop US activities especially in Iraq and Afghanistan". Clearly, Shannon was the hub for the transportation of the vast majority of US troops to and from Iraq.

The Iraqi war was initiated under false pretences, namely, that the Iraqi regime was in possession of weapons of mass destruction, which was patently untrue. Nor did the war have a UN mandate at the time of its initiation. The Minister of State will remember that more than 100,000 people marched in Dublin alone against the war and the use of Shannon Airport for the transportation of US troops to what was then an illegal war.

The Iraqi war has ended, I presume no further troops are going to Iraq through Shannon and the Afghan war is coming to an end. Given the fact that we have a new Government with a new mandate, it is appropriate that we introduce a new regime of inspection, which was not done by the previous Government. The programme for Government reads, "We will enforce the prohibition on the use of Irish air space, airports and related facilities for purposes not in line with the dictates of international law". It would be impossible to ensure international law was observed and implemented unless some mechanism was put in place to supervise that implementation. This would require an inspection regime that at least involved some degree of random inspection of military and civilian aeroplanes.

Another commitment in the programme for Government effectively requires Ireland to assert its neutrality and the integrity of its air space. The programme reads, "We will position Ireland, in particular Shannon airport, to become an international hub for the storage and distribution of emergency humanitarian supplies". To do this, we need to assert our integrity in terms of our air space, our adherence to international law and our neutrality.

I will briefly mention a few background points. Irish law and international human rights law make specific provision against torture, inhumane and degrading treatment and placing individuals at risk to such treatment. The Dáil transposed the European Convention on Human Rights into Irish law in 2003. In 2006, the Parliamentary Assembly of the Council of Europe conducted a report, the findings of which were alarming, namely, that there was a considerable amount of passive and active collusion with CIA flights to and from EU countries, including Ireland. Subsequently, the European Parliament took up the issue and made the same determinations. For example, it found that there had been 1,245 CIA-operated flights in EU air space between 2001 and 2005, the secret detention of prisoners and the illegal transportation or extraordinary rendition of detainees. In Ireland's case, the Parliament determined that 147 stopovers at Shannon Airport were made by CIA-operated aircraft that came from or were bound for countries linked with extraordinary rendition. Some of these aircraft were shown to have been used for the transportation of detainees by the CIA. Amnesty International took up the issue in 2008. Its report reads, "Also aircraft directly en route or returning from rendition missions have transited Shannon Airport".

Given the number of serious allegations about the abuse of Irish air space and the lack of an independent or governmental mechanism to determine what is occurring, does the Minister of State not agree that now is the appropriate time to introduce a supervisory regime as mentioned in the programme for Government?

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Fergus O’Dowd)

I congratulate the Deputy on his good news today. I wish him all the best in his Chairmanship.

I am taking this matter on behalf of the Tánaiste and Minister for Foreign Affairs and Trade. As the Deputy will recall, the programme for Government makes clear that the Government "will enforce the prohibition of the use of Irish air space, airports and related facilities for purposes not in line with the dictates of international law". In the House in March, the Tánaiste stated, "Shannon will not be used as a means of rendition, facilitating torture or any other activity which violates human rights".

It will be appreciated by the Deputy that responsibility for Irish air space and airports lies not with the Tánaiste, but with the Minister for Transport, Tourism and Sport. A significant level of international traffic in terms of civilian aircraft transits through this jurisdiction, particularly through Shannon Airport. This traffic is controlled, serviced and despatched in accordance with the standard practices obtaining in the civil aviation industry worldwide. The handling of this traffic also accords with the rules and practices set down by the relevant multilateral instruments governing air traffic.

Under legislation, the Garda has the authority to inspect and enter any civil aircraft on Irish territory. The great majority of US service personnel who pass through Ireland do so on chartered civilian aircraft, which are subject to the normal regulations applying to civilian aircraft, including the provisions of the Air Navigation and Transport Act 1946. In addition, if the aircraft in question are carrying arms or ammunition, such as personal service weapons, prior permission must be obtained under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989. When such permission is granted, it is a condition that the weapons must be stowed in such a way that they are not accessible to passengers while the aircraft is in flight or on the ground.

The situation regarding military aircraft is different. In accordance with the Chicago convention of 1944, which provides the basis for the regulation of international civil aviation, military aircraft are deemed to be state aircraft and are excluded from the convention's application. Accordingly, section 3 of the 1946 Act excludes state aircraft from its provisions. In accordance with international practice, military aircraft are not normally subject to search or inspection.

Under the Air Navigation (Foreign Military Aircraft) Order 1952, all foreign military aircraft require the permission of the Tánaiste and Minister for Foreign Affairs and Trade to overfly or land in the State. Permission is requested by the embassy of the country concerned. When overflight or landing permission is granted to foreign military aircraft, certain conditions are normally applied, such as that the aircraft are unarmed, are not carrying arms, ammunition or explosives, are not engaged in intelligence gathering and are not taking part in military exercises or operations. Arrangements for the overflight and landing of US military aircraft have been continuously in place for more than 50 years and no changes of practice in this regard are envisaged.

Where complaints of alleged unlawful activity concerning the use of Irish airports have been made to the Garda, investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. In no case has a direction to prosecute been given.

On learning of the first allegation of US involvement in extraordinary rendition, the then Government made contact with the US authorities to seek assurances that such renditions had not taken place and would not take place through Irish airports and to make clear that such activity would be illegal under Irish law. Specific and unique assurances were sought and received from the US authorities that no such prisoners had been transferred through Irish territory, nor would they be without our express permission. None of the various investigations into allegations of extraordinary rendition revealed any evidence that rendition through Irish airports had occurred, nor is there any new information or allegation linking Irish airports to extraordinary rendition.

To conclude, adequate protection for the integrity of Irish air space exists in the inspection powers available to the Garda under existing legislation and this is combined with the specific and high-level assurances received from the US on the issue of extraordinary rendition, reassurances we have no reason to question.

Fisheries Protection

Deputy James Bannon

I thank the Ceann Comhairle for affording me time to discuss an important issue, namely, the need for the Minister for Communications, Energy and Natural Resources to expedite a review of the by-laws that banned eel fishing in 2009 and left a reported 500 fishermen out of work. The review is not due until 2012, but the delay is untenable.

What happened to eel fishing thanks to the previous Government was an environmental scandal. It was also a legislative and economic scandal. A considerable question hangs over the fact that the then Minister for the Environment, Heritage and Local Government exceeded his brief by introducing the ban on eel fishing through a by-law, No. CS 303, 2009, without seeking legislative enactment. Scientific advice such as that provided by the International Council for the Exploration of the Sea, ICES, and European Council Regulation No. 1100/2007 is no justification for the previous Minister going on an over the top and ill-advised save the European eel campaign, above and beyond requirements. He single-handedly introduced changes to the detriment of our native eel fishing industry. Properly handled, the eels, the rights of our eel fishermen and those with an interest in fishing as a leisure pursuit could have been protected. The bottom line is that both councils recommended measures for a recovery plan and cutting down of eel fishing and not wholesale closing down of such activity. The directive from Europe was for a 40% reduction and not the 100% reduction introduced by the then Minister.

Rather than depriving fisherman of their livelihood, it would have served the previous Minister better had he turned his attention to the main reason the eel stock has been depleted. Unregulated electric generation turbines have destroyed much of our eel population, which is evident in the Shannon. For example, turbines at Ardnacrusha power station have been causing problems with eel and salmon since inception of the station in the 1930s. Turbines are the elephant in the room. Promises to protect migrating fish have not been kept and salmon have been wiped out on the Inny and the Shannon system and no money has been spent by the ESB to rectify this appalling situation.

In terms of the national economy, salmon fishing could be worth far more than the electricity generated at Ardnacrusha. Given the tourism potential, salmon fishing on the Shannon could generate €1 billion per annum. In what can only be referred to as a total farce, the catch and release programme results in 20 tonnes of fish being caught and released while 200 tonnes are destroyed in the turbines. In what defies belief, a local smokehouse and another in County Clare, were recently offered dead eel to smoke by the ESB. What is to happen to the boats, engines, nets and lines of those fishermen who depend on eel fishing for their livelihood? The by-law mentioned diversification but no money was provided for this or for compensation for fishermen. The loss of eel fishing has hit not only fishermen but associated businesses which supply outboard motors, boats, boat repairs, nets and so on. It must also be remembered that 100% of eels caught in Ireland are exported. While Ireland is forced to lose such revenue fishing is still taking place in other European countries, with France in particular exporting to Asia.

The by-law also stipulated that those disaffected by its provisions could appeal to the High Court. A case in this regard, which was to be heard next month, has been brought forward and has been before the courts for the past three days. I appeal to the Minister to bring forward a review of the over-zealous provisions made by his predecessor. I cannot over-emphasise the need for him to reconsider this matter and to provide an equitable solution for the preservation of the eel stock and a guarantee of employment for our eel fishermen.

I thank the Acting Chairman, Deputy Mathews for his indulgence and look forward to a positive reply from the Minister.

Deputy Fergus O’Dowd

I thank Deputy Bannon for raising this matter, which he has discussed privately with me on numerous occasions. I am taking this Adjournment debate on behalf of the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte.

International expert advice is that European eel stocks have declined steeply and in 2008 the expensive delicacy was listed as officially endangered, following a 90% plunge in stocks during the previous 30 years.

Following scientific research conducted by the International Council for the Exploration of the Sea, ICES, indicating that European eel stocks are in a critical state, the EU introduced Council Regulation 1100/2007, the objective of which is to achieve recovery of the stocks to previous high levels. The regulation required that all member states prepare a national eel management plan, EMP. Ireland's plan was approved by the European Commission in July 2009.

The decision to cease the eel fishery was taken based on the best management and scientific advice available, along with other conservation measures to support a recovery of the stock in the shortest time possible. The conservation of eel fishing by-law No. CS303/2009 gives effect to this decision and provides for closure of the fishery until June 2012 when the status of stocks will be fully reviewed and reported on to the European Commission. This review will consider whether the eel fishery could be reopened in any river basin district in light of the data gathered in the interim and the performance of stocks. The EMP includes a comprehensive programme of monitoring and evaluation of management actions and their implementation. It also includes a programme of scientific eel stock assessment to establish a stock baseline, estimate current silver eel escapement and monitor the impact of the management actions on the local stocks.

In 2010, ICES reiterated its previous advice, that all anthropogenic mortality — recreational and commercial fishing, barriers to passage, habitat alteration, pollution, and so on — affecting production and escapement of eels should be reduced to as close to zero as possible until there is clear evidence that the stock is increasing. A concerted effort by all European countries to conserve eel habitats is urgently needed. ICES concluded that there is no change in the perception of the stock. The status remains critical and shows no sign of recovery. The advice remains that urgent actions are needed to avoid further depletion of the stock.

The report to the Minister of the National Eel Management Plan for 2009 and a recent update from Scientific Eel Group, who are responsible for monitoring their scientific actions outlined in the eel management plan for 2010, states that the gathering of information continues and indications are that some local stocks are in a perilous condition. The 2010 report is due to be submitted shortly. I understand that comprehensive surveys and assessments of recruitment, yellow eel and silver eel were undertaken in 2009 and 2010 by Inland Fisheries Ireland, the National University of Ireland Galway, ESB and the Marine Institute.

In summary, recruitment remains low but patchy. Some yellow eel stocks are showing indications of low recruitment, low numbers of small eels and increasing average size, density dependent responses to low recruitment — higher proportions of larger female eels — may be leading to higher than expected biomass but this may not be sustainable. Preliminary estimates of silver eel escapement in some catchments have shown a positive response to the fishery closure and these preliminary estimates of escapement are in the range of expectations presented in the eel management plans.

Full estimates of silver eel production and escapement will be available for the 2012 report to the EU. It is still not possible to estimate stock size for large water bodies or for transitional waters and these are the subject of long-term mark-recapture studies and modelling exercises to try to estimate local stock size and potential or actual silver eel production. The continued spread of the invasive swimbladder parasite, Anguillicoloides, gives cause for serious concern. In so far as the international response to the decline in stocks is concerned, there are 18 EU Commission approved eel management plans in accordance with the Council regulation.

In December 2010, the EU scientific review group assessed the situation for European eels and agreed unanimously that it was not possible to perform a "non-detriment finding" for the export of European eels. This essentially means that no exports or imports of eel can now take place between EU member states and third countries. Last year, for the first time ever, the UK environment agency imposed a temporary ban on all fishing for mature eels, declaring a six-month closed season in England and Wales. Fishing for elvers and glass eels was similarly restricted.

A revised Dutch EM plan was submitted to the Commission for approval before the start of the silver eel fishing season in April. Following the discovery that eels in certain areas contained higher dioxin levels than those allowed, the Dutch authorities are preparing legislation to forbid the sale of eels caught in these areas. They expect that, as a result of the ban, fishing effort may be diverted to areas which constitute key migration routes for eels. In order to avoid a negative impact on the stock, the Dutch Minister, Mr. Bleker, has decided to close these key areas to fisheries.

I understand that 2008 data indicated the Irish eel fishery harvested approximately 100 tonnes per annum and there were up to 150 fishermen who held a maximum of 296 licences, not all of which were actively fished. However, the low recruitment of juvenile eels in 2009 appears to be the worst yet, and gives rise to serious concern for the future of the eel. We owe it to future generations to do whatever we can to save this vulnerable species, not only for its own sake but also to protect ecological biodiversity. To do otherwise would consign our remaining stock, challenged by so many pressures from ocean changes due to global warming, habitat degradation, parasites and disease, to possible extinction.

Hospital Services

Deputy Nicky McFadden

I thank the Minister of State for agreeing to take this Adjournment matter. Athlone district hospital, as it was known, is now a care centre for the elderly but it encompasses physiotherapy, occupational therapy, X-ray services, visiting consultant services, mental health services, primary care and MIDOC. As matters stand, the centre has 18 long-stay patients on one floor and 22 on the lower floor, which is a result of HIQA standards. Particularly in light of the Rostrevor nursing home case, I appreciate that HIQA must be a serious watchdog. However, we must get value for money. There are nurses and care assistants who are not only prepared but tripping over themselves to care for the elderly. I am deeply concerned that as patients are dying, new patients are not being admitted, which is why I have put down this Adjournment matter.

I agreed fully with the Minister, Deputy James Reilly, when he said today that 95% of elderly patients stay at home, which is proper because they live with dignity and respect in the home. However, there are people who need to be cared for and some need specialised nursing care. I would advocate that new admissions be accepted at Athlone hospital. I have taken up this issue with the HSE and have spoken to the relevant manager. I am aware there is new management in the hospital and I look forward in the near future to new admissions being taken in.

The care, compassion and the understanding the elderly are treated with in Athlone hospital is phenomenal. A four bed hospice unit attached to the campus of Athlone hospital has been newly built following the raising of a lot of money by the community. It is urgent and necessary that there would be new admissions. Families of the existing patients are worried that it will be gradually closed down. As a politician, I know of great numbers of people who want to be cared for in this excellent centre.

I await the Minister of State's reply and hope it is positive.

Deputy Fergus O’Dowd

I thank Deputy McFadden for raising this issue. The Government is committed to supporting people to live in dignity and independence in their own homes and communities for as long as possible. Where this is not feasible, the HSE supports access to quality long-term residential care where this is appropriate. We continue to develop and improve health services in all regions of the country to meet this objective and to ensure quality and patient safety. The HSE has sole operational responsibility for the delivery of health and social services, including those at St. Vincent's Hospital, Athlone.

St. Vincent's Hospital was built in 1946 and occupies two floors. It is located on a campus with a variety of community care facilities, including a public health centre, mental health services, an out-patient clinic and an out-of-hours GP service. The hospital, as of today, has a capacity of 40 long-stay beds and four palliative care beds. The current capacity is directly related to the number of staff available to provide services within the confines of the public sector moratorium and allocated budget.

As the Deputy will be aware, significant work has been undertaken over the last 18 months to bring the services provided in line with recommendations from the Health Information and Quality Authority. This required some strategic decisions to ensure the sustainability and viability of St Vincent's, including the development and opening of a four-bed level 2 palliative care unit in September 2010. The decision, for clinical reasons, not to allow further admissions was taken to allow necessary capacity to be created to facilitate the transfer of a prioritised client with complex needs from a hospital in Dublin to Athlone. This situation is being monitored on a regular basis. Once the transfer is complete, it is expected that beds will become available.

The Deputy will appreciate that all developments have to be addressed in the light of current economic and budgetary pressures and any decisions taken by the executive must have regard to this and the current moratorium. The executive has been asked to make a rigorous examination of how existing funding might be re-allocated to ensure maximum service provision. In particular, we need to ensure that the highest standard of care will continue to be provided to all residents in a safe and secure environment.

The employment control framework for the health sector gives effect to Government priorities on employment policy in the public sector and provides that there will be a net reduction in employment to 2014. The framework is designed to maintain tight control on the cost of providing public services while protecting front-line services as far as possible. It is necessary to ensure that there is sustainability in the cost of providing public services relative to the Government's revenue.

The framework does allow for the targeted growth of certain grades which are exempt from the moratorium on recruitment, including medical consultants, physiotherapists and social workers, in order to deliver on key priority services. It also provides for the filling of non-exempted posts on exceptional grounds in order to maintain essential services and to meet priority service change or re-organisation requirements. However, given the overall requirement on the health services to achieve the target employment reductions and to live within the overall funding available, the number of exceptions is minimal.

The HSE has confirmed it is committed to the future of St. Vincent's Hospital and it has indicated that there are no plans or proposals to close any beds. The Department of Health is currently reviewing the provision of public long-stay care in light of the need to meet national standards and regulations, local demographic pressures and public and private provision. The review will inform the development of an overall strategy on how the HSE should continue to provide this service in future in view of current budgetary and other pressures. It is expected the review will be completed later this year.

I would like to confirm to the House that following his appointment as Minister for Health, Deputy Reilly requested that the HSE suspend any current plans to close or withdraw residential care beds until he has had an opportunity to review the position. I should make it clear, however, that the HSE must maintain appropriate staffing levels to meet the needs of residents. Providing quality and safe care will have to remain at the heart of any considerations.

The Dáil adjourned at 7 p.m. until 2.30 p.m. on Tuesday, 14 June 2011.

Dáil Éireann debate - Thursday, 9 Jun 2011