Dáil Éireann debate -
Thursday, 24 Nov 2011

Vol. 747 No. 5

Topical Issue Debate

Oifig an Choimisinéara Teanga

Deputy Michael P. Kitt

Tá mé an-bhuíoch don Cheann Comhairle as seans a thabhairt an cheist seo a phlé sa Dáil, agus tá mé buíoch don Aire Stáit as teacht isteach chun freagra a thabhairt.

Tá mé ag caint anseo faoi chearta teanga. Tá a lán bainte amach ag an gCoimisinéar Teanga agus ag an bhfoireann atá aige le seacht mbliana go leith anuas. Tá a lán bainte amach acu chun cearta teanga a chur ar an gclár náisiúnta. Tá díomá ar a lán daoine roimh ráiteas an Rialtais go gcuirfear Oifig an Choimisinéara isteach le hOifig an Ombudsman. Tugtar tacaíocht láidir don choimisinéar ag Teachtaí Dála agus ag Seanadóirí. Nuair a ath-cheapadh an Coimisinéar Teanga tugadh tacaíocht ag gach pháirtí sa Dáil, ag an Taoiseach agus ag an Tánaiste don chinneadh sin.

Oifig bheag neamhspleách is ea Oifig an Choimisinéara, agus cúig go leith duine ar an bhfoireann faoi stiúradh an choimisinéara. Tá an oifig ar léas ó Údarás na Gaeltachta agus cíos dá réir á íoc ar ais sa Státchiste. Ní ceart go ndúnfar an oifig. Státseirbhísigh ar fad atá ag obair ar fhoireann na hoifige agus tá an coimisinéar féin ceaptha ar chonradh sé bliana, ó Feabhra 2010 go Feabhra 2016.

Tá a lán díospóireachta déanta againn faoi Straitéis 20 Bliain don Ghaeilge. Deirtear i straitéis sin an Rialtais i leith na Gaeilge go gcuirfear Acht na dTeangacha Oifigiúla 2003 i bhfeidhm go hiomlán. Tá sé tábhachtach go mbeadh Coimisinéar Teanga againn agus oifig agus dualgais aige chun an straitéis sin a chur i bhfeidhm.

Ba mhaith liom a fháil amach ón Aire Stáit cén fáth go bhfuil na hathraithe seo ag teacht anois. Cén fáth go bhfuil an Rialtas ag rá go mbeidh an dlúth-cheangal seo idir an coimisinéar agus Oifig an Ombudsman?

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley)

Ba mhaith liom mo bhuíochas a chur in iúl don Teachta Micheál Kitt as an deis seo a fháil labhairt leis an dTeach inniu maidir le cinneadh an Rialtais Oifig an Choimisinéara Teanga a chónascadh le hOifig an Ombudsman. Ba mhaith liom a bheith an-soiléir nach bhfuil Oifig an Choimisinéara Teanga le dúnadh. Is é an cinneadh atá tógtha ag an Rialtas go ndéanfar feidhmeanna na hoifige sin a chónascadh le hOifig an Ombudsman agus go gcuirfear an cinneadh sin i gcrích i gcomhthéacs an athbhreithnithe ar Acht na dTeangacha Oifigiúla 2003 atá ar siúl ag mo Roinnse i láthair na huaire. Go deimhin, tá sé luaite go sonrach sna téarmaí tagartha don athbhreithniú go "mbreithneofar na forálacha a leagann amach ról Oifig an Choimisinéara Teanga".

Sílim go mbeadh sé cabhrach dá bhféadfainn cinneadh an Rialtais i dtaca leis an gcónascadh seo a chur i gcomhthéacs don Teach. Rinne an Rialtas seo soiléir ón tús ina chlár Rialtais go raibh sé tiomanta do leasuithe substaintiúla a dhéanamh ar an tseirbhís phoiblí, go háirithe ar an mbealach a dhéantar seirbhísí a sheachadadh don saoránach. Mar chuid den athbhreithniú cuimsitheach caiteachais atá ar siúl ag an Roinn Caiteachais Phoiblí agus Athchóirithe faoi láthair, tugadh treoir do na Ranna Rialtais go léir dul trí gach uile líne caiteachais, lena n-áirítear aon chaiteachas ar áisíneachtaí agus ar oifigí éagsúla. Is mar thoradh ar an bpróiseas sin a rinne an tAire Caiteachais Phoiblí agus Athchóirithe moltaí don Rialtas chun athchóiriú a dhéanamh ar an tseirbhís phoiblí, moltaí ar glacadh leo ag bord an Rialtais. Tá na cinntí Rialtais seo tógtha mar chuid den athbhreithniú cuimsitheach caiteachais a thionscain an Rialtas agus atá faoi stiúir na Roinne Caiteachais Phoiblí agus Athchóirithe.

Is í an phríomhaidhm atá le plean an Rialtais chun athchóiriú a dhéanamh ar an tseirbhís phoiblí ná a chinntiú go mbeidh seirbhís níos trédhearcaí, níos cuntasaí agus níos éifeachtaí ann ar mhaithe le saoránaigh an Stáit. Ní hamháin chun costais a ghearradh a bhfuil cinntí tógtha ag an Rialtas, athchóiriú a dhéanamh ar an tseirbhís phoiblí. Creideann an Rialtas go mbeidh buntáistí le baint as líon na gcomhlachtaí poiblí a laghdú, ní hamháin i dtéarmaí laghdú costais ach i dtéarmaí timpeallacht riaracháin níos simplí agus níos éifeachtaí a bheith ann. Tiocfaidh na buntáistí is suntasaí ón dtimpeallacht riaracháin sin, rud a thabharfaidh cuntasacht dhaonlathach níos fearr, níos lú dúblála agus línte freagrachta níos soiléire maidir le seachadadh seirbhísí don saoránach.

Ba mhaith liom a mheabhrú fosta nach é Oifig an Choimisinéara Teanga amháin an t-aon oifig ombudsman atá luaite i bplean an Rialtais chun athchóiriú a dhéanamh ar an tseirbhís phoiblí. Tá cinneadh tógtha ag an Rialtas oifigí éagsúla, a bhfuil feidhmeanna ombudsman acu, a chónascadh ar mhaithe le cur chuige níos éifeachtaí agus níos sruthlínithe a chur i bhfeidhm maidir le seachadadh seirbhísí do shaoránaigh an Stáit.

Tá sé soiléir ó phlean an Rialtais go bhfuil Oifig an Choimisinéara Cosanta Sonraí agus Oifig an Choimisinéara Teanga le cónascadh le hOifig an Ombudsman, chomh maith leis na feidhmeanna cúloifige a bhaineann le hOifig Ombudsman na Leanaí. Ó thaobh an tsaoránaigh de, luíonn sé le réasún go mbeidh cur chuige níos éifeachtaí ann mar thoradh ar dhaoine a bheith in ann triall ar Oifig an Ombudsman in ionad iad a bheith ag triall ar oifigí éagsúla Ombudsman.

Tá go leor ceisteanna á gcur maidir le cur i bhfeidhm an chónasctha idir Oifig an Choimisinéara Teanga agus Oifig an Ombudsman. Ar an gcéad dul síos, teastóidh leasú reachtaíochta chun an cónascadh a chur i bhfeidhm. Cé is moite de leasuithe reachtaíochta, déanfar na mionsonraí maidir leis an gcónascadh a oibriú amach i gcomhthéacs an athbhreithnithe ar an Acht teanga.

Maidir leis na himpleachtaí don fhoireann in Oifig an Choimisinéara Teanga, is státseirbhísigh iad an fhoireann, cé is moite den gCoimisinéir Teanga féin. Dá bhrí sin, níl aon chailliúint post i gceist. Maidir leis an gCoimisinéir Teanga féin, athcheapadh don dara téarma é sa bhliain 2010 agus maireann a théarma go dtí an bhliain 2016. Beidh mo Roinn ag plé na himpleachtaí a eascraíonn ón gcinneadh seo leis an gCoimisinéir Teanga agus leis an bhfoireann in Oifig an Choimisinéara Teanga sa tréimhse amach romhainn. Aontaím leis an Teachta Kitt go raibh sár obair á dhéanamh ag an gCoimisinéir teanga sna dualgais agus na freagrachtaí a tugadh dó agus is é sin an fáth gur tugadh síneadh ama cúig bhliain eile don oifig anuraidh. Is cinnte gur vóta muiníne é sin. Ach mar adúirt mé, is é cuspóir an Rialtais ná na heagraíochtaí uilig a bhíonn ag plé le hábhair mar sin a chónascadh sa dóigh is go mbeidh sábhailt airgid ann nuair a bheidh seo curtha i gcrích, ach ag an am céanna go mbeidh teacht ag an bpobal ar na seirbhísí. Dúirt an Taoiseach é féin maidir leis an scéal nach mbeadh ísliú ar bith ar éifeacht, fhreagracht ná cur chuige an Choimisinéara teanga, fiú amháin nuair a bheidh an cónascadh seo déanta.

Acting Chairman (Deputy Joanna Tuffy)

The Minister of State's time is up.

Deputy Dinny McGinley

Tá roinnt eile anseo, ach is dóigh gur féidir é a chur isteach i dTuairisc na Dála.

Acting Chairman (Deputy Joanna Tuffy)

We will just get the supplementary question first from Deputy Kitt.

Deputy Michael P. Kitt

Tuigim go bhfuil dhá nóiméad agamsa agus dhá nóiméad ag an Aire freisin. Táim an-bhuíoch don Aire ach ní aontaím leis an méid atá ráite go h-iomlán. Labhair sé faoi chaiteachas ach ansin dúirt sé nach caiteachas amháin atá i gceist. Ar ndóigh, aontaíonn an tAire Stáit liom go bhfuil sár-obair á dhéanamh ag an gCoimisinéir teanga agus a fhoireann, ach an bhfuil a fhios ag an Aire Stáit go bhfuil coimisinéir teanga ceaptha anois sa Bhreatain Bheag agus gur thóg an tír sin sampla Oifig an Choimisinéara Teanga sa tír seo leis an cheapachán sin a dhéanamh. Aithníonn an Bhreatain Bheag Oifig an Choimisinéara Teanga i nGaillimh mar shampla de "best practice" sna gnóthaí seo. Tá an-mholadh tuillte ag an gcoimisinéir as an moladh sin a fháil ón Bhreatain Bheag.

Mar a dúirt an tAire Stáit, ní chaillfidh aon duine atá ag obair san oifig a phost. Tá an fhoireann ag obair go dian do chearta teanga. Cinnte, ní bheidh aon airgead le sábháil go dtí 2016, mar tá an coimisinéir athcheaptha go dtí sin. An cheist atá agam mar sin ná: Cén fáth an bhfuil an tAire Stáit ag caint faoi athruithe nuair atá an coimisinéir agus a fhoireann ag déanamh sár obair agus nuair nach mbeidh aon athrú ann go ceann cúig bhliain eile? Ba mhaith liom dá ndéanfadh an Roinn athbhreithniú ar an cheist seo ar fad.

Deputy Dinny McGinley

Go raibh maith agat a Theachta. Ba mhaith liom a rá arís gurb é an cinneadh atá déanta ag an pointe seo ag an Rialtas ná comhtháthú agus cónascadh a dhéanamh idir Oifig an Choimisinéara Teanga agus Oifig an Ombudsman. Níl aon socrú eile déanta ag an bpointe seo. Is é an t-aon socrú eile atá déanta, agus bhí sé seo i gclár an Rialtais a d'aontaigh na páirtithe, ná go ndéanfar athbhreithniú ar Acht na dTeangacha Oifigiúla atá ag feidhmiú anois ó 2003. Dúradh freisin go ndéanfar san athbhreithniú sin, athbhreithniú chomh maith ar ról agus ar Oifig an Choimisinéara Teanga. Sin an t-aon socrú atá déanta go dtí seo.

D'fhógair mé i gCill Áirne ag an Oireachtas cúpla seachtain ó shin go bhfuil an t-athbhreithniú sin faoi lán seol anois maidir le Acht na dTeangacha Oifigiúla. Beidh muid ag súil le aighneachtaí ón phobal agus na heagraíochtaí agus tá mé cinnte go gcuirfidh siad a gcuid tuairimí agus a gcuid barúlacha in iúl agus go mbeidh a gcomhairle le fáil maidir leis an socrú nó cinneadh seo atá déanta ag an Rialtas a chur i bhfeidhm. Níl muid ach ag tús an scéil anseo. Tá bóthar fada romhainn agus tá na mion sonraí go léir le socrú. Déanfar iad sin a shocrú agus déanfar cinneadh ansin i dtuilleamaí an comhairlí agus an phróisis athbhreithnithe athchóirithe.

Déarfaidh mé arís, ní hé Oifig an Choimisinéara Teanga an t-aon oifig den chineál a bhfuil cónascadh á dhéanamh uirthi. Luaigh mé cinn eile. Is é dearcadh an Rialtais ná go bhfuil an-chuid áisíneachtaí sa tír agus go gcaithfidh muid comhtháthú a dhéanamh. I mo thuairim, is é an phríomh rud ná go mbeidh seirbhís iomlán agus seirbhís chomh maith ar fáil nuair a bheidh an cónascadh curtha i gcrích, cibé cén dóigh a ndéanfar sin, agus atá go dtí seo in Oifig an Choimisinéara. Bhí mé san oifig agus tá meas agam ar a chuid oibre. Tá mé cinnte agus lán dóchasach nuair a bheidh an próiseas seo críochnaithe go mbeidh an oifig lán chomh héifeachtach agus atá sí anois.

Luaigh an Teachta an Bhreatain Bheag. Bhí Acht teanga acusan agus thug muide isteach Acht teanga cosúil le Acht na Breataine Bige. Sílim go bhfuil an Bhreatain Bheag ag cur an tAcht teanga ar ceal anois agus go bhfuil sí ag tabhairt isteach coimisinéir. Athraíonn rudaí ó thír go tír. Mar a dúirt mé, tuigim an obair thábhachtach atá le déanamh maidir le cur i bhfeidhm an Achta nuair a bheidh sé leasaithe. Beidh reachtaíocht le tabhairt isteach chomh maith. Tá an tAcht agus Ombudsman bunaithe ar reachtaíocht agus tá muid i dtús phróisis. Tá an comhairliúchán ag dul ar aghaidh agus is cinnte go mbeidh deis againn éisteacht le tuairimí gach duine agus scaifte sula mbeidh na cinntí agus na sonraithe críochniúla déanta.

Flood Relief

Deputy Catherine Byrne

I thank the Minister of State, Deputy Brian Hayes, for taking this topical issue and for his recent reply to my questions regarding the flooding in Dublin city. I welcome both the long-term redress measures outlined in the Minister of State's reply to me and the different stages in which things will happen in the next couple of years. However, I am greatly concerned by the here and now and by what measures are being taken to help flood victims living across the Camac and Poddle rivers, many of whom have been left homeless for weeks with nothing but the clothes they wore on their backs when they left that evening. As winter approaches, what is being done by the Office of Public Works and Dublin City Council with regard to the recurring floods that may take place in the coming weeks and months?

Last month, residents of Kilmainham Lane, Carrickfoyle Terrace, Millbrook Terrace, Harold's Cross and Kimmage were devastated by the flash flooding. In a matter of minutes, some suggest it was as few as eight minutes, their homes were completely flooded and in some cases, to an extremely dangerous level. Having witnessed personally many houses that had been flooded to the ceiling, it was difficult to understand how people had managed to escape. All their possessions were destroyed and in some cases, major structural damage was done to the houses with the result that some people may never enter them again. For instance, this is the third time since the 1940s that the Lady's Lane-Carrickfoyle Terrace area has been flooded. As a result of flooding in the past, residents there have found it very difficult to get insurance. Moreover, it now appears as though the small number who previously have managed to do so will not be able to get insurance in the future. At present, with nothing but sandbags to keep the water out of their homes, they themselves state they have no hope of being insured by anyone unless immediate action is taken.

I wish to compliment the Civil Defence, the emergency services and Dublin Fire Brigade in particular, which reacted quickly on the evening of the flooding. They appeared in certain areas within minutes simply to help people from their homes, never mind to deal with the water that was surging through the walls. As the water level rose quickly, there was little time to save many of the homes, some cars and in particular, personal belongings. I stood in many houses after the waters had subsided and many residents had lost treasured and beloved personal items that never can be replaced. Tragically, as Members are aware, two people lost their lives during the floods and one must do everything possible to prevent such deaths in future.

At present, sandbags along the Camac River are not the solution. A permanent emergency structure must be installed to reinforce the boundary wall of the river. I am not an engineer or anything like that but in the past I have noticed how some places have been shored up with steel plate girders to reinforce the banks while waiting for the measures that will be taken later. I understand perfectly that money and everything else may be an issue.

Unfortunately, however, many of the people concerned have been left with nothing. I am very concerned about them, their mental health and everything else. They still feel abandoned and that they have been left on their own. I ask the Minister of State to make a statement on what can be done to immediately help them. I welcome the Minster for Social Protection, Deputy Burton's fund of €10 million which has really started to kick in, although it has taken time to organise on the ground. If anything can be done immediately to help those living on the banks of this river who find that their only protection against another flood in coming months is sandbags, it should be done.

Minister of State at the Department of Finance (Deputy Brian Hayes)

I thank the Deputy for raising this issue and giving me the opportunity to set out for the information of the House some issues regarding the Camac and Poddle rivers. Many residents of Dublin city suffered trauma on the night of 24 October. I take the opportunity to express my personal sympathy and concern to the victims of the flooding, in particular those who lost family members, and other members of the public who had homes and businesses destroyed.

The Department of the Environment, Community and Local Government, as the co-ordinating Department, under the emergency management framework is carrying out an in-depth review of emergency response procedures, actions and mechanisms with a view to identifying improvements within the framework. In the light of the severity of the flooding event on 24 October, that Department is carrying out a review of the event for consideration by the Government task force on emergency planning at its next meeting.

I understand Dublin City Council is still compiling its reports on the impact of flooding in its area, including the impact of the flooding of the Camac and Poddle rivers on the night of 24 October. Owing to the multiplicity of the flooding instances on the night, it will take some time to complete this report. When it is completed by the council and it asks the OPW to take action, either by way of the minor works scheme or alternatively by way of a longer term solution, possibly under the CFRAM proposal, we will follow up on this. I assure the Deputy the funds are available in the Department, although the lead Department is the Department of the Environment, Community and Local Government. Our task is to respond to ideas that come from local authorities. We have yet to receive the report but when we do, we will work with the city council on the measures that can immediately be taken.

The minor works scheme is very effective because applications come in on a 24-7 basis to my Department and are turned around on one criterion only, namely, that if there is any value to be gained in spending the money, we will spend it. However, we are in the hands of Dublin City Council until it brings forward applications on a range of measures it considers necessary. We will then take action. Funds are in place this year and for next year. We have managed to ring-fence the capital budget for the purposes of flood defences, which are very important. Approximately €250 million will be spent in this area in the next five years, some €45 million each year for the next five years.

As I said, we are very much in the hands of local authorities. I can understand in the case of Dublin City Council why it might take some time for it to assess the damage done and produce a report. When the report is received by my Department and we are asked to take action on emergency or more long-term measures arising from the CFRAM study of both rivers being examined, we will take action.

Deputy Catherine Byrne

I am happy that money has been put aside. I perfectly understand that dealing with what happened in October crosses many Departments. However, since the initial response was made on the night by Dublin City Council, it has taken a while to get things in place. I know about the concerns of people living along the Camac, that the only things between them and rising water in the next couple of weeks are sandbags. I hope the Minister of State's Department or Dublin City Council will consider providing for an emergency structure, for example, steel plates to provide reinforcement. On Lady's Lane, many people have begun to clear out their homes to undertake remedial works to try to get back to live in them in basic conditions; many are living with their families, sleeping on settees and so on. This is not an adequate solution to their problems.

Many apartment blocks were flooded on the night and many people lost cars. I have heard stories that people are still being asked to pay management fees and rent, although in some buildings the electricity has not been switched back on. While that has nothing to do with the Minister of State, I make the point nonetheless. Although I may have to raise this issue with other Departments also, I welcome the response of the Minister of State and hope that when the report is compiled by Dublin City Council, the work will be done quickly for those who want to remain in their homes for the next 100 years, given that the houses on Lady's Lane are 140 years old.

Deputy Brian Hayes

I again thank the Deputy for raising the issue. Mine is a funding Department which gives out money based on applications received. Within the Department there is considerable expertise in engineering and hydrology. We will work with the local authorities concerned.

I understand the Deputy's frustration at the length of time it is taking to have the report published. In each of the affected local authority areas, whether it be South Dublin County Council or Dublin City Council, it takes time to find out the number of houses affected and the number with or without insurance. Obviously, it is very important when an event happens that we encourage people in the first instance to contact their insurance companies. Most of the claims have already been made and are being turned around. As the Minister for Social Protection, Deputy Burton, has informed the House, there is a very substantial humanitarian fund of up to €10 million available which can be accessed on the basis of needs, particularly by those who do not have insurance cover either because they are unable to obtain such cover because of a past event or, alternatively, because they cannot afford it. It is crucial that we turn around applications as soon as possible and receive the report. We would appreciate any effort the Deputy could make with the local authority to have applications submitted to us and she may be assured that they will be turned around as quickly as possible.

Community Legal Services

Deputy Terence Flanagan

I thank the Ceann Comhairle and his staff for giving me the opportunity to raise this important matter which relates to the provision of funding for the Northside Community Law Centre, an independent, community-based legal centre which serves to protect the legal, social and economic rights of individuals and groups. It provides services for individuals and groups which reside in the Dublin North-Central and Dublin North-East constituencies, as well as for other residents in north Dublin. It is a registered charity and governed by a voluntary board of directors. More specifically, it seeks to provide free information and advice for those individuals who require legal advice but are not in a position to pay for it. It also seeks to raise awareness in the community of issues that have an effect on it and empower residents through education and other campaigns.

Last year the centre assisted over 3,300 people with information, advice and legal representation. Its services were most readily sought in dealing with family law issues, welfare queries and employment law matters. A significant amount of advice was also proffered on debt and debt resolution issues. The centre has embraced new legal remedies and facilitated mediation on a range of issues such as parental conflicts, workplace difficulties. It also provides conflict coaching. The number of volunteer hours amassed by the centre in 2010 came to an impressive total of 1,500.

The centre was able to provide its invaluable services owing to funding provided by the Department of Social Protection. In fact, 63% of the centre's income came from the Department last year, in addition to some funding provided by the Law Society of Ireland, the Bar Council of Ireland and the Community Education Network. The funding from the Department of Social Protection, which represents 45% of the centre's funding, was continued for this year but there was a 17% reduction in it. The Bar Council of Ireland has not provided funding this year to date and now the centre is faced with the prospect that the Department of Social Protection will not be in a position to provide funding next year. The centre has been advised that the funding stream is not secure and that it needs to secure funding from alternative sources such as the Department of Justice and Equality.

The law centre has carried out a comprehensive investigation of the possibilities of securing funding from other sources, but the Department of Justice and Equality has informed the centre that it is already funding FLAC, which its considers is providing a very similar service and as such it would not be in a position to fund the centre.

I have spoken in depth with the management of the centre and it has highlighted the differences between the service it provides and the service FLAC provides. Unquestionably, FLAC provides a very good service but it is not at the heart of the community on the northside where the Northside Community Law Centre is based. The centre has been operating in the area since 1975 and knows its community and the problems and obstacles the people there face. It does not simply make legal representations for individuals when the need arises but is dedicated to providing ongoing training and support to members of the community on issues that affect them in their daily lives. The centre can be said to be more accessible than FLAC as there are advice clinics held on a weekly basis as opposed to on a monthly or fortnightly basis. A dedicated family law solicitor is on hand every two weeks and appointments outside this timeframe can also be made.

A significant factor is that the law centre provides advice on appointment with the Money Advice and Budgeting Service and it is specifically retained to advise MABS. This gives the centre a significant insight into the debt concerns and problems people are experiencing and it is very knowledgeable about the debt problems that average households in the communities face. The centre is critically aware of the problems in this area and as such is well equipped to inform the community on how to navigate through their difficulties with debt.

Funding for the centre is an important issue and one that needs to be addressed in light of the service it provides to a significant number of people on Dublin's northside. If the centre is unable to secure future funding from the Department, it will not be able to provide the service on which so many people have come to rely. To ensure those most vulnerable are represented and have access to free legal advice and support, we must ensure the funding is made available. On behalf of my constituents in Dublin North-East, I call for funding to be made available to ensure the Northside Community Law Centre can continue its invaluable work. I hope to receive an assurance from the Minister of State that discussions can resume with the Department of Social Protection on this matter.

Deputy Brian Hayes

The Minister for Justice and Equality has asked me to thank Deputy Flanagan for providing him with the opportunity to debate this matter. The Minister understands that the Northside Community Law Centre, NCLC, which is based in the Northside Civic Centre, Dublin 17, has been in operation since 1975 and that it was the first community law centre in the Republic of Ireland.

The Minister notes from its website that the NCLC provides services to individuals and groups that reside within the Dublin North-Central constituency and Deputy Flanagan's constituency of Dublin North-East. The NCLC, in addition to being a community law centre, is an independent law centre and, as such, is not one of the local law centres established by the State to provide legal services in regard to civil law matters by the Legal Aid Board.

The Legal Aid Board, which comes under the remit of the Department for Justice and Equality, is an independent, publicly funded organisation. It has been in existence since 1979 and was set up as a statutory body on foot of the Civil Legal Aid Act 1995. The board's objective is to provide a professional, efficient, cost-effective and accessible legal aid advice service. The board has an executive management structure primarily located at its head office in Caherciveen, County Kerry and also at an office in Mount Street, Dublin. Most importantly, particularly in regard to this debate, the board also has 33 full-time law centres located throughout the country, including seven such centres which are located in Dublin. The board also operates a private practitioner service, a refugee documentation service and a library service in Montague Lane, Dublin. In addition, the functions of the Legal Aid Board were recently extended to include a family mediation centre.

In 2007, just over 10,150 persons sought legal services from the board in regard to general civil, non-asylum, matters. This figure increased to 17,175 in 2010 while the number of applicants in the first six months of this year was almost equal to the total number for the 12 months of 2007. As these figures clearly demonstrate, the Department of Justice and Equality and its agencies are, due to reduced financial resources being available, under severe pressure to meet the demands placed on them to provide existing services.

The Minister for Justice and Equality understands that the Department of Social Protection has for some years provided finance to the NCLC. The Minister is informed that a number of meetings took place earlier this year between the NCLC and officials from the Department of Social Protection and that, as a result, a total of €350,000 is to be made available to the law centre during 2011. The Minister for Justice and Equality further understands that the Department of Social Protection will not be in a position to provide such financial assistance going forward.

The Department of Justice and Equality does not fund the NCLC. It has been approached on several occasions in recent years regarding funding for the law centre but no funding source was identified or money made available to the NCLC.

The Department of Justice and Equality funds the Legal Aid Board which provides civil legal aid to persons of insufficient means. While the Minister acknowledges the service provided to the community by the NCLC he does not have any financial resources which he can allocate to it or to similar bodies.

Acting Chairman (Deputy Joanna Tuffy)

Does Deputy Flanagan wish to ask a supplementary question?

Deputy Terence Flanagan

Yes. I thank the Minister of State for replying to this matter. The Northside Community Law Centre assisted 3,300 people last year with the provision of advice, representation and education. It provides many services to people on the northside.

The centre received funding of €350,000 from the Department of Social Protection this year and it seeks that such funding will be ring-fenced and will continue to be provided for next year — it is not seeking an increase in funding. Historically, the centre was funded through the Department of Social Protection but the Department of Justice and Equality has a responsibility in this area in that solicitors are being provided with training through intern schemes in the law centre and various services are being provided. Volunteers provided 1,500 hours freely to deal with various issues and queries. Debt issues can be complex and that is the reason people need help. They would not use this facility if there was no demand for it in the first place. It is imperative that this issue be dealt with. The centre has been at the heart of the community since 1975 and the amount of funding required is very small.

The centre has been involved in innovative solutions in the area of mediation in terms of the community, parental, workplace and elder mediation and conflict coaching. It has been innovative and has provided a great deal of education, support and training for law graduates as well as helping people in the general community. I ask the Minister of State to ensure that the Department of Social Protection continues discussions with the law centre to ensure it remains on a stable footing for next year.

Deputy Brian Hayes

I appreciate the point the Deputy makes regarding the extraordinary work that goes on in the centre and the impact it has had on so many people who need recourse to legal advice but do not have means to get that privately. I understand from the reply that discussions are not ongoing and that the view of the Department of Social Protection is that this money is not being ring-fenced. I understand from the Department of Justice and Equality that it cannot provide funding for it either. That is fairly concrete evidence from what both Ministers have said. If this issue can be taken up again with either the Department of Social Protection or the Department of Justice and Equality——

Deputy Terence Flanagan

It must be taken up with them as this is a very valuable service

Deputy Brian Hayes

It needs to be. I advise the Deputy to raise it directly with both Ministers. I will certainly make sure that both Ministers are fully informed of the important contribution he has made here and the case he has put so eloquently for the law centre and its work.

Deputy Terence Flanagan

I thank the Minister of State.

Building Regulations

Deputy Joe Costello

I welcome the Minister. Three blocks of quite new apartments, namely, the Foundry, the Forge and the Kiln, are based at the junction between Railway Street and Beaver Street in Dublin 1. Some of these are private apartments and others belong to Dublin City Council under Part V arrangements. All three blocks are part of the same overall development which was developed by Townlink Limited.

Bord Gáis conducted an inspection of some of the apartments in the Foundry and discovered degradation in the gas flues. It then decided that the other units in the development would need to be inspected to establish the extent of the problem. On inspection of the Kiln and the Forge it was discovered problems also existed there. Bord Gáis then decided to turn off the gas supply to these units until a full inspection could be done by a competent engineering company.

The problem rests with the developer who used McKeon Brothers mechanical engineering company to carry out the installation. The boilers were sourced from a UK company which was contacted about the problem and insisted on coming to Dublin to monitor and inspect the work to be carried out to rectify the matter. Parts had to be obtained which caused a further delay.

The initial problem started on Thursday, 8 November, but nothing had happened by the weekend which is when I began to receive calls. Luckily it has been a relatively mild November but one can imagine what it would have been like if it had happened last year. People have been deprived of all heating and cooking facilities for more than a fortnight. Dublin City Council provided heaters after a number of days had passed but the private owners of other apartments are in difficulty with little assistance.

I understand work is to begin today with the parts having being supplied. However, it was also supposed to have begun last week. I am not sure how long it will take. It is of major concern that part of the original construction and design work of three new blocks of apartments was faulty. The gas flues between the ceilings and upper floors were not properly secured and degradation has already occurred in the joints. This sounds very serious, and if this is the case, are we sure these are the only flaws in the construction and design? I am concerned about the safety of the tenants and residents. Their discomfort is the immediate problem but no home owner or tenant walking into a brand new development would have expected something like this would happen so soon.

There have been many problems with pyrite in the constituency, and elsewhere we have had issues such as the inadequate development at Priory Hall. I am very concerned that we will find similar problems here. Will the Minister ensure when the work is completed that an independent survey is conducted of the construction, design and completed work?

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

I thank Deputy Costello for raising this matter. Dublin City Council is aware of the serious safety concerns about the premises at Railway Street and is already taking appropriate steps to address the situation. The safety of the residents is of paramount concern and I appreciate this is a stressful time for all concerned.

The residential units at Railway Street were built by a private developer. Dublin City Council purchased 25 units for social housing and took possession of them in 2005. This includes 16 units at the Kiln and nine units at the Forge.

Following boiler problems reported by residents, I understand the gas company investigated the matter and became concerned with the way the gas boiler flues were installed. Potential health and safety concerns required the disconnection of gas supply to some units in the Forge and the Foundry. Eight of the nine social housing units in the Forge were disconnected and the tenants were supplied with electric heaters by the council.

The legal requirements in relation to building works to new and existing dwellings are set out under the Building Control Acts. Part J of the building regulations in particular addresses the technical and safety issues relating to heat producing appliances. Part D of the building regulations specifies that materials, which includes components and fittings such as heating appliances and their flues, should be fit for their intended use and installed to a proper standard of workmanship. A comprehensive suite of related technical guidance documents provide detailed guidance on how to comply with the regulations in practice.

Responsibility for compliance with the regulations rests with the builder and the owner of a building. Enforcement is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings when considered necessary.

Representatives of the residents met the developer following which the contractor responsible for installing the heating system agreed to inspect the units and rectify any problems. The contractor went on site on Tuesday and is working from a vacant unit made available by Dublin City Council. It is expected that the work will take five weeks to complete. The manufacturer of the boilers has also sent a representative on site to ensure the works are completed to its recommended standards.

I am satisfied that Dublin City Council as the designated building control authority and housing authority has the wherewithal to effect a satisfactory resolution in this matter. The overriding priority is to ensure the optimum outcome for the households concerned by ensuring that defectively installed heating systems are remediated and that the costs of so doing fall where they should. I have asked Dublin City Council to liaise with the tenants in this regard to ensure that any issues in the social housing units are rectified immediately and satisfactorily. The Department will continue to liaise closely with Dublin City Council on the matter.

Deputy Joe Costello

I thank the Minister for his reply. It is of great concern that the expected works will take approximately five weeks to complete. The initial estimation was that it would take only a few hours. In five weeks' time we will be well into the Christmas period and the inconvenience the residents will have experienced between now and then will be enormous. It will mean being without proper heating and cooking facilities for almost two months. This will be a nightmare for them. It is not acceptable that more than two weeks have already passed since the matter was identified but the work is still not taking place. I am not sure anything happened on Tuesday. I understand work was to commence today but we do not know what problems will arise.

Is it possible to do something to speed up the process and ensure the work is carried out and completed before Christmas? This involves families who require heating, cooking and privacy. They do not want to have workmen in their homes over the Christmas period. This would be a nightmare and unacceptable. Will the Minister ensure every effort is made to have the work carried out more quickly? Whatever extra measures or personnel are required to have it done in double time should be used so the workmen will have left the premises well before Christmas. Will the Minister also ensure that Dublin City Council carries out a full inspection after the work is complete so that we have a report on the matter which will tell us where we are?

Deputy Phil Hogan

I share the Deputy's concern about the speed with which the work will be carried out. I certainly undertake to contact Dublin City Council to ensure the work is completed as quickly as possible. I am sure the Deputy will agree that the issue of health and safety is the overriding concern for the tenants. We do not want any particular difficulty arising from the escape of gas or any technical issues that might cause damage to the health of tenants. Each unit must therefore be inspected individually and this may involve accessing the ceiling void to inspect fluids, connections and joint fixings. I am told that some extra brackets may have to be installed. The location of the boiler may have to be changed in a small number of units and it is expected to take that length of time in order to do all that. I am talking about the overall project, although not every tenant may be so affected. The manufacture of the boilers, Valiance, which is UK-based, has also sent a representative on site to ensure the works are completed to the recommended standards. I will convey the urgency of this matter to Dublin City Council later today.