Topical Issue Debate

Pension Provisions

Deputy Brendan Ryan

I thank the Ceann Comhairle for affording me an opportunity to raise this important issue, namely, the need for the Health Service Executive to tackle the backlog in processing pension entitlements for 1,888 low paid, part-time former health board workers whose pension entitlements are integrated with social welfare payments. The change in the way in which the service and remuneration of these workers is to be reckoned for pension calculation purposes was announced in Circular 20/2005 entitled, Public Service Pension Reform: Revised Arrangements for Part-time Public Servants, which was issued seven years ago. Having pursued this matter since 2005, I am extremely frustrated that little progress has been made and it was for this reason that I felt compelled to take the matter to the floor of the House and seek commitments directly from the Minister. Unfortunately, he is not present but I await his response on the matter.

The change announced in the circular would result in a difference in pension benefit and contribution level for low paid, part-time HSE workers. This would come in the form of integration of benefits from full topro rata integrations for the pensions of part-time public servants. The resultant changes would result in an increase in a weekly pension of between €5 and €70, depending on individual circumstances. I am sure the Minister will agree that given the current economic hardships facing pensioners, any increase would make a massive difference to their quality of life. Unfortunately, the retrospective element of this circular has not been fully implemented and backlogs remain in many of the former health board regions.

The former Eastern Health Board region, including Dublin, Western Health Board region and Midland Health Board region have yet to clear their backlogs, with the result that 1,888 pensioners are awaiting changes to increase their pensions. I understand from previous responses to parliamentary questions I have submitted on this matter that processing these changes is a substantial piece of work and resources within the Department are stretched. However, changes for low paid pensioners appear to be constantly placed bottom of the HSE's priority list. This should not be the case as it is grossly unfair.

Low income pensioners are among the most vulnerable in society at this time. Older people must be a priority and I ask that, if necessary, extra resources be made available to clear the backlogs associated with the circular. Having waited for seven years, it is time something was done. Will the Minister provide a guarantee that priority will be given to clearing the backlogs as soon as possible and ensuring low income pensioners receive their entitlements at the earliest possible time?

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

I thank Deputy Brendan Ryan for raising this important issue, which I am taking on behalf of the Minister for Health, Deputy James Reilly. I appreciate that the retirees concerned have been waiting for a considerable period for clarity on their full pension entitlements.

In July 2005, the Department of Finance issued a circular to public service employers notifying them of a change in the method of calculating pensions of former employees whose pension entitlements are integrated with social welfare benefits. This had the result of generally improving the pension paid to lower paid workers. The Health Service Executive has confirmed that all eligible staff who retired since the circular came into effect have had their pensions calculated in accordance with the arrangements introduced in 2005. However, as the Deputy stated, the cases of a cohort of staff who had retired before the changes were introduced had to be reviewed to establish whether their pension entitlements needed to be revised. The HSE has been working to address this issue.

It is important to appreciate that, as with other areas of public administration, the health service pensions function has experienced a loss of staff in recent years as a result of retirements and the requirement to reduce the size and cost of the public service. Pensions administration is a complex area of work, requiring a considerable level of staff expertise and experience. For this reason, it can be difficult to supplement existing capacity in the short-term. Moreover, the workload in this area nationally has been much increased as a result, in particular, of the health service voluntary early retirement and voluntary redundancy schemes in 2010 and 2011, as well as approximately 4,700 retirements during the latter stages of the pensions grace period which expired in February 2012.

A concerted effort is being made to address the backlog in respect of staff who retired before the revised integration arrangements came into effect. This work is being undertaken at regional rather than central level and involves the systematic review of manual records. I understand the necessary recalculation has been fully implemented in the areas which previously constituted the north eastern, south eastern, southern and mid-western health boards. The pensions of more than 400 pensioners in the north west have been reviewed and the review in this area will shortly be complete. Arising from this work, approximately 300 pensioners will have increased pensions paid in July 2012. This will come as good news to the individuals affected.

Work has commenced in the west and east - two areas specifically referred to by Deputy Ryan - with a view to completing this task by the fourth quarter of the year. Particular resource issues have arisen in respect of pensions processing capacity in the midlands and the HSE is working to put in place additional supports to address the backlog in this area. I understand the concerns expressed by Deputy Ryan with regard to areas where the matter remains unresolved. The Minister assures the House that the HSE is making all possible efforts to bring this long-standing issue to a satisfactory conclusion.

Deputy Brendan Ryan

While I understand the constraints facing the HSE superannuation section and the loss of staff to the organisation in recent times, this issue first arose in 2005. We could accept the HSE's excuse if the issue had arisen only recently but it has been ongoing for such a long time that no excuse is acceptable. I ask that extra resources be made available to the relevant unit in order that it can process the backlogs as soon as possible.

This issue is being addressed on a regional basis and certain regions, including the former North Eastern Health Board, South Eastern Health Board, Southern Health Board and Mid-Western Health Board areas, have cleared their backlogs. This demonstrates that some regions have given it the priority it deserves and completed the work required within a seven year timeframe. It is not unreasonable to ask that the remaining regions bring some urgency to processing their backlogs in light of the time that has passed since the circular was released.

In the final analysis we are dealing with pensioners who worked in low paid jobs and do not have Rolls Royce pension pots to live on. With the economic challenges biting all in our society, pensioners are especially vulnerable. Any increase in a pensioner's income would go a long way. It might mean an extra bit of food in the fridge, or coal for the fire. I ask the Minister to make a priority of clearing these backlogs and ensure these pensioners receive what they are entitled to and that this is done urgently.

The other important point to make is that many of the people who are entitled to this have since died. That is shocking.

Deputy Jan O’Sullivan

I will certainly convey all the points made to the Minister. The Deputy raised the possibility of getting extra staff to replace the outgoing staff. I understand that this work is quite technical and that it takes a while to develop the necessary expertise, so it is not just a matter of transferring people across to do the work. They have to be trained appropriately. The HSE East and the HSE West are aiming to have the backlog cleared by the end of the autumn. The midlands is probably the biggest problem area.

Child Care Services

Deputy Charlie McConalogue

Thank you, a Cheann Comhairle, for selecting this issue, following the publication of the report of the child death review panel yesterday. The report made for harrowing reading, showing that 196 children in the care of the State or known to the State and the HSE since 2000 died, 112 of whom died from unnatural causes. At the outset I commend the work of the report's authors, Geoffrey Shannon and Norah Gibbons, for the immense amount of time and effort they put into completing such a thorough report. They got to the nub of each story about these children, many of whom met a very unfortunate and untimely end. I would also like to acknowledge my former colleague and Minister of State, Barry Andrews, for initiating the report, as well as the Minister for Children and Youth Affairs for publishing the report yesterday without redaction.

There are very important lessons we must learn from this report. We must reform our child protection system so every possible step is taken by the State to ensure that those vulnerable children receive the services they require. Reform is required to deliver that, but the resources must also be delivered so that the capacity exists in our child protection system to meet the needs as they arise. To that end, I ask that the Minister for Children and Youth Affairs look at reinstating the exemption to the public service recruitment embargo that had applied to social workers in the area of child and family services. Over the course of the last year, we have gone from a system whereby all those positions were being backfilled to a system where it is being left to the discretion of the HSE. In that time, we have gone from a situation where 93.9% of children in the care of the State had an assigned social worker to a situation in March 2012 where that dropped to under 92%.

The Government must move to introduce mandatory aftercare. In the report, we read that 27 of the 32 children in aftercare died by unnatural causes. That shows the danger and difficulty that many of those children experience once they leave the care of the State. It also shows how the State is failing those children by not ensuring that the aftercare is provided to them.

There is a recommendation in the report to remove thein camera restrictions, whereby reporting cases involving child protection is not allowed. We must ensure the recommendation is fully implemented. It is only by shining a light on our child protection system that we can ensure the type of cases highlighted in this report do not happen again.

Deputy Jan O’Sullivan

I thank the Deputy for raising this very important issue. I am taking this debate on behalf of the Minister for Children and Youth Affairs. Unfortunately, she cannot be here this afternoon but she did attend the committee this morning.

Yesterday saw the publication by the Minister of the report of the independent child death review group. The report, prepared by Dr. Geoffrey Shannon and Norah Gibbons, gives details of the 196 children who died between 2000 and 2010, both of natural and unnatural causes. The children in the report include children who were in the care of the State at the time of their death, young adults who were in aftercare and other children who were not in care but were known to the HSE. The report contains details of the 112 children who died of unnatural causes. Of these children, 17 were in care, 27 were in receipt of aftercare and 68 were not in care but were in some way known to the HSE child and family services.

In the first instance I would like to extend my deepest sympathies to the families of all the children and young adults who are the subject of this report. The report highlights system failings in the Irish child protection services, including poor risk assessment, poor co-ordination between services, poor flows of information, limited access to specialist assessment and therapeutic services, as well as limited inter-agency work for children and families with complex needs. The report further highlights a lack of early intervention and family support services responding proportionately to the needs of children at risk and families in crisis. I have no doubt that if the system had done a better job, outcomes for some of these children might well have been very different.

It should be noted, however, that the report also comments on evidence of good practice, the wide range of services made available and the efforts made to intervene and build relationships to address the underlying vulnerabilities of the children by the HSE. There are sufficient examples of excellent, compassionate practice for us to determine realistically that what is required is a system which supports and expects such good practice as standard.

The Minister for Children and Youth Affairs has welcomed the findings and recommendations of this report and accepts fully the need for action in the areas identified. At this morning's joint committee meeting, the Minister confirmed that she will be putting in place an implementation programme with regular reports to the Government. However, before publication of the report, action was already underway in a number of areas identified in it. The Minister will be making an announcement in September on the further development of an independent child death review structure, following consultation with some of the key bodies and experts involved. Next month will see the publication of the new HIQA national standards for the protection and welfare of children which will set out a new standards-based approach to the delivery of an effective and accountable child protection service. Later this year, the Government will bring forward a proposed constitutional amendment to strengthen child protection further and give constitutional recognition to the best interests of the child.

A key element of the ongoing reform programme is the removal of child welfare and protection services from the HSE and the establishment of a new child and family support agency. The task force, established by the Minister to advise on the new agency, will present its final report by the end of this month and the agency, led by CEO designate Gordon Jeyes, will be established and up and running in January 2013. The Minister will work with the new agency and the Minister of State, Deputy Kathleen Lynch, on the provision of a seamless interface between child protection services and child and adolescent mental health services. The Minister is also working with the Minister of State, Deputy Róisín Shortall, and the HSE on developing a fresh approach to identifying and addressing the hidden harm posed by substance misuse. This is an area highlighted in a number of cases contained in the report.

The provision of nationwide 24-hour social work assistance is being worked on in the context of the establishment of the new agency.

The Minister, Deputy Fitzgerald, is consulting the Minister for Justice and Equality and the Courts Service on the preparation of new regulations regarding thein camera rule - to which the Deputy referred - to allow access to child welfare and protection hearings. Yesterday, the Minister also announced the preparation of legislation to provide clarity around the issue of after-care provision to build on an improving picture of service provision in this area in recent years.

The report of the independent review group makes for stark and uncomfortable reading. I hope it is clear that this Government is committed to transparency and honesty regarding the challenges in getting children's services right. Child protection remains a high priority on our agenda and changes at every level, including those relating to policy, law, structures and individual practitioners, will continue to be made and these will make a difference for the future.

Deputy Charlie McConalogue

I thank the Minister of State for her reply. The challenge of reforming our child protection system and making it fit for purpose does not begin or end with the publication of the report. The challenge to ensure proper and appropriate services are delivered to vulnerable children must continue to be met daily. The report published yesterday relates to the period 2000 to March 2010. Since the latter date and May of this year, some 46 further children who were in the care of the State or who were known to the HSE have died. That number reflects those contained in the report. This illustrates the ongoing need for the HSE to ensure those children who are most vulnerable obtain the resources they require.

I welcome the Tánaiste's announcement this morning that a referendum on children's rights will be held before the end of the year. This referendum will ensure the voice of children will be key and that children themselves will be central to everything we do. I also welcome the proposals for reform. It is vital the establishment of an agency separate from the HSE leads to real and meaningful reform and to the integration of services in the area of child welfare. It is also important the Government should put the necessary resources into the system. This issue was highlighted by both authors of the report published yesterday who stated the system does not have the required resources and is overstretched. I accept reform is required but there is also a need to provide resources.

I ask the Department and the Government to reinstate the full exemption relating to the recruitment embargo that was in place. In addition, they should consider increasing the numbers of social workers and those employed in the area of mental health services in order that we might ensure services are delivered to children as they need them. In recent months, the number of children in care with assigned social workers has been in decline. We must put a stop to this and ensure that, as a basic right, every child in the care of the State has a social worker assigned to him or her. Those social workers will be able to look after those children's cases and ensure they obtain access to co-ordinated services and receive protection from the State.

Deputy Jan O’Sullivan

It is important to acknowledge this matter is non-partisan in terms of party politics. I acknowledge the support of Deputy McConalogue and others in respect of it. Our focus must be on children and their needs. I agree with the Deputy that a consistent focus is required in order that we might continue to address the various areas highlighted in the report. The Government's commitment in respect of the referendum on children's rights has been clearly outlined. The referendum will certainly be an important element in all of this. There is a great deal of work to be done in respect of these very young and vulnerable children.

I will convey to the Minister the points the Deputy has made. I am sure the Houses of the Oireachtas will maintain a very strong focus on this matter in the coming years to ensure we make better provision for these vulnerable children in the future.

Urban Renewal Schemes

Deputy Paschal Donohoe

I thank the Minister of State for being present to take this matter. I am sure she is familiar with the background to the Dominick Street regeneration project. It is one of the flagship regeneration projects that has been promoted by Dublin City Council in recent years. It was recently dealt a hammer blow when the construction company that was in place declared itself no longer to be in a position to deliver the project. This has plunged the project into grave difficulty.

The Dominick Street regeneration project is located at the top of O'Connell Street in the city centre. The community there is a long-standing, vibrant and very proud one and its members have been making do in very difficult circumstances. The one ray of light for them in recent times was the fact the project finally received planning permission from An Bord Pleanála. The Dominick Street regeneration project had been plagued by two huge difficulties, namely, the lack of a lead developer and also the lack of planning permission. As a result of the fact that planning permission had never been granted, it was extremely difficult to attract a lead developer. Those who were interested in becoming involved with the project were never quite sure what they were going to be in a position to build.

I tabled this matter to urge the Department of the Environment, Community and Local Government to take the most active role possible in either facilitating or funding the facilitation of this project. The community in the Dominick Street area has put up with a huge number of difficulties and has done really well in such circumstances. Its members now finally have an idea with regard to how their physical environment might look in a few years time. I appeal to the Minister of State to ensure everything is done to give them the support they so badly need and really deserve. I anticipate what I hope will be a positive reply from her.

Deputy Jan O’Sullivan

I thank Deputy Donohoe for raising this issue. As he is aware, regeneration is a matter in which I have a particular interest. I wish to begin by restating my commitment and that of my Department and the Government to the national regeneration programme. My Department supports an ambitious range of regeneration projects which seek to address the causes of disadvantage in communities and large social housing estates through a holistic programme of physical, social and economic regeneration. Of the €390 million available to me under the 2012 housing programme, I have set aside some €90 million - 23% of the total - to progress regeneration projects in 2012, including that at Dominick Street.

As the Deputy is aware, Dublin City Council previously intended carrying out the redevelopment of Dominick Street by way of a public private partnership. Under these arrangements, it was intended to deliver a significant mixed-use development at no net cost to the Exchequer. However, by late 2008 the downturn in the housing market and wider economic conditions had made the original plans for the public private partnership project unviable. With support from my Department, the council established a multidisciplinary special housing task force to examine alternative redevelopment options. As a result of this process, the council developed a proposal for a mixed-use development at Dominick Street to include 58 housing units, seven commercial units, a new community centre with a multi-purpose hall and related facilities, a covered sports pitch and 3,525 sq. m of public realm improvement works locally. An Bord Pleanála granted planning permission for the proposed development on 22 May last.

The next step in this process will be the preparation of a detailed proposal by Dublin City Council for submission to my Department. I expect this submission will build on the good work done by the council in consultation with the local community and regeneration boards and will address the social, economic and physical regeneration needs of the community in the area. I have allocated over €40 million to regeneration projects in Dublin this year, some €15 million of which is earmarked for regeneration projects including Dominick Street, Croke Villas, O'Devaney Gardens, Saint Theresa's Gardens, Saint Michael's Estate and Dolphin House. Dublin City Council continues to operate a de-tenanting strategy, with the support of the Department, for the relocation of households out of the regeneration areas to facilitate the demolition of vacant buildings. Of the funding available to Dublin City Council in 2012 approximately €7 million has been assigned for this purpose. I anticipate that demolition works on some of the flat blocks in the Dominick Street complex will commence later this year.

Now that the statutory planning element has been dealt with, it is a matter for the city council to prepare the detailed regeneration plan for the Dominick Street complex and to set out how this will be delivered over the next few years. Given its strategic location, I expect that there will be considerable private sector interest in the commercial element of the project. There is potential to involve approved housing bodies in the residential and community elements and also, in the interests of furthering the sustainable communities agenda, to make some housing units available for private purchase or for purchase under the incremental purchase scheme. In the meantime, my Department will liaise closely with the city council in finalising the detailed plans and will continue to provide funding for ongoing regeneration work locally.

Deputy Paschal Donohoe

I thank the Minister of State for her response. When the regeneration plan comes from the city council, following the successful granting of planning permission, I hope the Department of the Environment, Community and Local Government will do all it can to respond positively to the regeneration plan. The Minister of State has highlighted the likelihood of commercial interest in the site. It is in an amazing location in the city centre. Given the amount of money the Government has already earmarked for regeneration in the capital, there is potential for the Department to make an amount of money available upon which the city council can build, using its own resources and the funds it will attract from the private sector.

The collapse of this regeneration project was one of the heralds of the end of the period of extraordinary growth through which the economy went. I hope the future funding of the project will herald the return of a better kind of growth. I ask the Minister of State to keep this in mind.

Deputy Jan O’Sullivan

I thank the Deputy. I understand the importance of the location of this project and its potential for the local community. Again, I emphasise my commitment and that of the Department to regeneration and to continued funding of it. Co-operation with the city council will be an important part of that.

I cannot anticipate the submission of Dublin City Council but I assure the Deputy that I will fully co-operate and respond to the submissions that come to the Department.

Turbary Rights

Deputy Clare Daly

Serious issues were raised by the stand-off in Clonmoylan last night which the Minister needs to address. Fully assembled State forces amassed against ordinary decent citizens. This represents a major new departure in State policy and sets a dangerous precedent. We cannot ignore the fact that this took place against a backdrop of the closure of many rural Garda stations, of women in some areas being told their safety cannot be guaranteed at night because of lack of Garda resources, and so on. In this climate, there assembled last night between 40 and 50 gardaí, more than 20 vehicles belonging to the Garda and the National Parks and Wildlife Service and the Garda emergency response unit. Dozens of the unit's members assembled on a rural country lane, to deal with what threat to the State?

The incident that provoked this response from the State was an attempt by the National Parks and Wildlife Service to confiscate the private property, a hopper and excavator, of Mr. Michael Darcy. Gardaí attempted to load the property onto a low loader and were met by a peaceful protest by residents of the area.

How did this situation develop as it did? We are talking about private property on privately owned land. It was alleged that the equipment had been used to cut turf on a special area of conservation, SAC. On what basis was the decision to confiscate the machinery made? I would like the Minister to deal with the fact that the property, which cost approximately €70,000, was later burnt out. Who will compensate the owner for that? The owner is in hospital and will remain there for some time. Residents came from as far afield as Castlebar, Kerry, Sligo and Laois to offer solidarity with the peaceful protest.

The incident took place against a backdrop of the House, including the Minister, accepting a Private Members' motion recommending a process that would resolve the issues raised by the turf-cutters and achieve the goal, which we all share, of protecting raised bogs. Why is the Government not pursuing that resolution? Why is it not being worked on? How much effort is being put into securing it? It would cost the State far less money to do that than to assemble the forces that were deployed last night against ordinary citizens.

I would like the Minister to deal with the fact that the report, which the House endorsed, would have allowed a greater proportion of raised bog to be protected but would also have given turf-cutters the right to access their traditional turf cutting. Why is that not being pursued? It is the solution to the crisis.

Why was the armed response unit deployed in this way? It was an attempt to intimidate citizens and to force them to yield to State power. It will not work. It is an incredibly dangerous tactic. Weaponry was assembled against citizens on country laneways last night. Anything could have gone wrong. I am sure most people believe the armed response unit should be used only to deal with a national emergency, such as a kidnapping. It certainly should not be used against ordinary people.

I would like the Minister to deal with these points. How does he think the situation will end? The only resolution, from the point of view of justice and economic and environmental sustainability, is to deal with the issue on the basis of dialogue and discussion and to accept the compromise put forward by the turf-cutters and contractors and endorsed by the House a few months ago.

Minister for Justice and Equality (Deputy Alan Shatter)

I welcome the opportunity to affirm the reasons for the Garda involvement in relation to the matters in question.

It speaks volumes that the Deputy has raised the matter by referring to "the use of State forces in Clonmoylan Bog". By referring to the Garda Síochána in this manner she shows an extraordinary lack of respect for the Garda Síochána and for the work it does. This is no more than an emotive attempt to denigrate public servants who are simply doing their job. Let me say with absolute clarity that I support fully the efforts of members of the Garda Síochána to deal with a difficult situation not of their making, but encouraged by Deputy Luke "Ming" Flanagan and other Deputies, who seem to believe there is anà la carte menu of laws, some of which they can choose to comply with and others which they and ordinary citizens may reject. The gardaí recognise the strength of feeling of those involved in the protests and had no desire for a confrontation with them but, as guardians of the peace, they have a duty to see that the law is observed.

Of course, carrying out this difficult duty is not helped by Deputies in this House who consistently act as if obeying the law is a matter of choice; that if persons do not approve of a law they have no obligation to obey it. However it is dressed up, that approach flies in the face of democracy and the rule of law. The Deputies are simply fooling those whom they claim to support by implying that a failure to obey the law will change the facts of the situation.

The background to these most recent events is well known. Further to Ireland's obligations under EU law to protect rare and threatened habitats, it has been overwhelmingly clear for some time that turf cutting of Ireland's 53 raised bog special areas of conservation, SACs, could not continue. The Government has put in place a compensation package for those affected, involving the option of a financial payment over 15 years or relocation. This process is in place under the independently chaired Peatlands Council and I understand the vast majority of those concerned are engaging constructively along these lines, which is very much to be welcomed.

My colleagues, the Ministers, Deputies Jimmy Deenihan and Phil Hogan, have also met the European Commissioner for the Environment and secured his agreement that a national raised bog SAC management plan should be developed in the coming 12 months. This was a major step forward and in keeping with a motion adopted in this House to which the Deputy referred. The plan will be wide-ranging and address each of the 53 sites, looking at the practical aspects of conserving, restoring and managing the affected bogs. It will also allow solutions for affected turf cutters to be explored in detail, including continued cutting in exceptional circumstances if the tests of the habitats directive can be met.

Notwithstanding these developments and the unambiguous legal position, cutting has continued in a number of what seem to be organised instances. This activity is misguided but I dare say encouraged by grandstanding by some Members in this House and elsewhere. In these instances, the National Parks and Wildlife Service has a duty to uphold and enforce the law and has endeavoured to do so in a sensitive fashion and with care to avoid unnecessary confrontation. The Garda has maintained close liaison with the service to ensure the law and public order are upheld.

Turning to the events near Portumna, I understand the National Parks and Wildlife Service legally impounded some equipment at Clonmoylan bog giving rise to protest. In view of the circumstances and the large number of people involved, a significant number of gardaí have been present there to ensure the law is upheld. Policing is an operational matter for An Garda Síochána and in situations such as that which occurred it is a matter for the Garda authorities to decide on the appropriate deployment of personnel and the relevant policing strategy. As Minister, I have no direct role in such matters, but I have every confidence that the Garda has carried out its duties in a fully professional manner.

The House will appreciate that the situation at Clonmoylan has evolved. However, the latest briefing I received before coming into the Houses indicated that the Garda, in the discharge of its duties, had removed a piece of equipment for the purposes of technical examination, with a view to preparing a file for the Director of Public Prosecutions. On conclusion of that examination it is intended to return the equipment to its owners on the basis that it will not be used in breach of the law. I also understand the protest has ended.

Neither the Garda nor the Government has any difficulty with peaceful protest, but people do not have a right to break the law or obstruct those implementing it. I encourage those involved in protests to step back from unlawful activity and engage, as others have done, with the process in place. The Government maintains an open door for engagement to find an accommodation for turf cutters within the law. Apart from anything else, this would allow the Garda to get back to meeting the ordinary policing needs of communities, for which it has my support and that of the public at large. It is a bit rich of the Deputy to make reference to gardaí being deployed at this location where people were engaged in serious illegality and then criticise gardaí for not being elsewhere.

Deputy Clare Daly

I was not criticising the Garda at all and I certainly was not grandstanding. I was wondering how the Minister for Justice and Equality could stand over a situation where people in my constituency in Malahide, Rush and other areas were bereft of Garda resources and yet at the drop of a hat, ordinary citizens in Galway could be met by 40 to 50 gardaí at any one time assembled throughout the night. The Minister made the point that laws had been breached, but he did not specify which laws had been breached. What took place in Galway last night was a peaceful protest engaged in by ordinary citizens. The response of the State forces - that is what they are - to an assembly on a country lane, of the armed response unit-----

Deputy Alan Shatter

Perhaps the Deputy might refer to them as the Garda Síochána.

Deputy Clare Daly

That means people who work for the State and who are armed were assembled against elderly, rural people who were out to cut turf. Does the Minister deem this to be an acceptable practice that an armed response unit should be sent to respond to ordinary citizens engaged in peaceful protests? That is the nub of the issue and what led to it. The reality is that this House asked the Government to implement an arrangement and to seek a transitional arrangement in the European Union to allow turf cutters to continue to cut turf while an alternative plan was being constructed. As everyone knows, it is now common knowledge that the Government did not do this. The incidents last night were not incited by anyone; ordinary people were responding to the Government's lack of action on a decision made by this House. That is where the responsibility lies. If the Government thinks it can achieve things by heavy-handed tactics against ordinary citizens, I am sorry to say it is very much on the wrong path, as the turf cutters have been strengthened by the incident. They are resolved to moving towards dialogue and a peaceful solution, but the Minister must meet them half way. Carrying on the way the State did last night can only serve to alienate otherwise law-abiding and decent citizens. I would like the Minister to answer the question on whether he will continue to use the armed response unit against peaceful protesters, be it on the issue of turf cutting or others.

Deputy Alan Shatter

As the Deputy well knows and as she said herself, the National Parks and Wildlife Service sought to remove equipment from the location in question.

Deputy Clare Daly

It was private property.

Deputy Alan Shatter

It did so in circumstances that were totally lawful and to enforce the laws of the State, but it was obstructed by the protesters from so doing. The numbers who had accumulated at the location required a deployment of members of An Garda Síochána so as to ensure the law was upheld and appropriate steps were taken. It is absolutely clear that what the Deputy and her colleagues are engaged in is provoking ordinary people to engage in conduct that is unnecessary and misleading them into believing the Government has not done everything possible at European Union level to implement the motion passed in this House, which is untrue. It is time the Deputy and her colleagues in the Technical Group worked out whether they are parliamentary democrats or perpetual street protesters encouraging others to engage in protest. Irrespective of the depth of feeling of those involved in protesting, we cannot have a situation where implementation of the law is compromised. Members who are elected as legislators have a particular duty to enforce laws either passed by this Parliament or that the State is obliged to meet as a member of the European Union. The Deputy cannot have it both ways. One cannot be both a law breaker and a law maker or encourage others while one is a law maker to break the law.

Deputy Clare Daly

Will the Minister answer the question he was asked?

Deputy Alan Shatter

At a national level it is clear that a failure to fully implement EU environmental law in this area leaves the State open to significant fines which could amount to €25,000 a day. The European Commission is being vigilant in its monitoring of the situation. All members of the community will be at a loss if fines are imposed. I hope those involved in illegal turf cutting will reflect again on these consequences. I again encourage them to cease such cutting attempts and avoid further confrontation of the nature we saw last night. The Government maintains an open door for engagement on the basis that we can work together to find an accommodation within the law for turf cutters. I acknowledge and thank the many people who have worked with us in this regard. I thank the Garda Síochána for the work in which it was engaged last night and I am pleased to note the protest is over. I hope we will not see a repetition of similar protests.

Deputy Clare Daly

I hope not. If the Minister engages with people, we will not.

Dáil Éireann debate - Thursday, 21 Jun 2012