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Dáil Éireann debate -
Thursday, 28 Feb 2013

Vol. 794 No. 3

Leaders' Questions

Today's edition of The Irish Times carries a report of a letter that the chief executive of the Health and Safety Authority has been forced to write to the Department of Jobs, Enterprise and Innovation about the devastation of the authority and its staff due to the "accelerated and additional cut in resources proposed" for the authority. He further warns that the proposed cuts will lead to preventable increases in the number of deaths and serious accidents and illnesses in the workplace. In other words, people may die. These are not my words but those of an authority that is not known for exaggeration or hyperbole. In 2012, 47 people lost their lives in workplace accidents, and to date in 2013 there have been six workplace deaths. That is a total of 53 lives, on average almost one a week. We all agree that those lives could have been saved and those accidents should not have happened. That is why we support the work of the Health and Safety Authority.

Yesterday many of the Tánaiste's colleagues spoke of "agonising" about the decision to abolish the various mobility allowances. On this occasion, however, they do not need to agonise. The Government has been put on notice by the authority charged by the Government with protecting people who work that it is not in a position to fulfil its role. It has put the Government on notice that its inability to fulfil its role will lead to preventable increases in the number of deaths and serious accidents and illnesses in the workplace. It is as stark as that. There is no need to agonise over saving the lives of workers. There is clearly a need to save workers and their families from having to agonise over serious injury or fatal accidents. What is the Tánaiste's position on this letter and the cuts approved by the Minister? Does he as Tánaiste and leader of the Labour Party intend to engage with the Health and Safety Authority on this issue?

We are all keenly aware of the challenges posed by the State's finances, where public expenditure continues to outstrip revenues collected. All public sector organisations must continue to deliver improved services in the context of constrained resources. The careful balancing of resources across organisations is an ongoing exercise. I understand that against this backdrop the agencies operating under the Department of Jobs, Enterprise and Innovation were recently informed of 2013 staffing targets as part of the ongoing employment control framework.

The HSA has had an excellent record in recent years in the context of declining resources, which has been achieved largely through the hard work of its staff, through workplace inspections and as a result of its development of innovative tools including BeSMART, its online risk assessment tool, its new online licensing portal designed to make compliance easier, simpler and less costly, and GeoSmart, its inspection management system. Furthermore, awareness campaigns, the involvement of industry organisations and its encouragement of greater compliance by employers contributed to the achievement of strong workplace health and safety levels in Ireland, including a reduction in fatal workplace injuries in 2012.

Sectoral changes, including the collapse in employment in the construction sector, have changed the operational landscape in which the HSA works, and the HSA will continue to adapt. Notwithstanding the concerns expressed about its 2013 staffing target and the undoubted challenges it faces, the authority has proved itself to be an adaptable and high-achieving organisation, having met all of its ECF targets since 2009. Its recent strategy and its programme of work for 2013 outline the HSA's commitment to working smarter - for example, the targeting of its resources at higher-risk sectors, such as agriculture, and places of work; the concentration of information and legislative programmes on higher-risk areas; and the identification of new ways of delivering services by deploying its innovative IT-enabled inspection management tools to support more effective inspections and making more use of desktop inspection for specialist areas - for example, in chemicals. The Department of Jobs, Enterprise and Innovation will work with the HSA over the course of 2013 to monitor progress on its targets and to achieve the best use of available staff and resources.

There are no guarantees in that answer. Yes, the HSA and all of its staff are doing a very good job, but the chief executive has been forced to write to the Secretary General of the Department to say that the target proposed is not achievable, based on his experience of current processes and mechanisms. The man whom we charge with heading up the authority that has done such a good job is saying he cannot do that any more. He cannot fulfil his role.

The Tánaiste spoke of workplace inspections. In 2013 the number of inspections will be down by 30%, and there will be further reductions in all services, including the work the HSA does in advising high-tech companies on their processes and resources for research and development. So, here we go again: last Monday there was a big glitz-and-glamour announcement about a research and development programme, but on Thursday one of the agencies charged with assisting that programme has to write to the Department to say it will not be able to assist these companies in doing their job.

A cut and paste answer to that specific charge made by someone charged by this House with delivering a function is frankly not good enough. It is clear in the Secretary General's letter to the HSA that the Minister has signed off on these targets. The authority knows it cannot deliver on them and has outlined the consequences. Again, will the Tánaiste make a specific intervention to ensure the authority will be resourced to deliver? He spoke about tight resources, but the HSA, in its letter to the Minister, has cited a number of examples of organisations, including the Houses of the Oireachtas, ComReg and the Commission for Energy Regulation, that have been given extra posts this year. We are telling an organisation in charge of protecting workers that it will not receive extra resources, while other organisations with less important remits will. It is a question of choices. Is the Tánaiste going to choose to act on behalf of the health and safety of workers?

The Government gives high priority to the issue of health and safety in the workplace. The HSA does a very good job. However, the employment landscape has changed. The numbers involved and the level of activity in construction which used to occupy much of the attention of the HSA have changed. The way in which the authority is conducting its business, for example in online activity, has changed. All of that said, of course, the views of its chief executive are taken seriously by the Government.

They are ignored.

No, they are not. The Secretary General of the Department of Jobs, Enterprise and Innovation is due to meet the chief executive officer of the HSA today to discuss the content of the letter sent. The Government takes the issue of safety very seriously, as well as the views expressed by the HSA's chief executive officer. There is clearly a context in which this issue has to be discussed, namely, the financial constraints we are experiencing and the changed employment environment. The Secretary General of the Department of Jobs, Enterprise and Innovation will meet the chief executive officer of the HSA today.

On 10 November last the people voted to enshrine the rights of the child in the Constitution. At the time the Tánaiste said the referendum was an opportunity "to state clearly and unequivocally that we, the Irish people, value children and childhood." That was the rhetoric and we know the reality has been very different. The reality is that the Government, through the Department of Children and Youth Affairs, is making cuts to youth services across the State and in Dublin city. These cuts will bite hard and target some of the most disadvantaged communities across the State. The City of Dublin Youth Services Board is proposing cuts, some of them of the magnitude of 14%, in projects across the city. For instance, the SWAN project in the North Wall will lose over €62,000 in funding. Cabra For Youth will have its funding cut, while Ballyfermot Youth Service will lose over €74,000. The Base Youth Service in Ballyfermot will take a significant hit, while the Bradóg Regional Youth Service based in the north-west inner city is facing a massive cut of €65,000. The Sphere 17 Regional Youth Service in Darndale will lose over €122,000.

That is outrageous.

BRYR in Ballymun will lose nearly €150,000, while the Finglas Youth Resource Centre will also be hard hit. There are many others that I could list for the Tánaiste. Each of these projects that deals with children on the front line, some of them in crisis, others in trouble, represents real value for money and the State gets bang for its buck. Every cent invested in our youth and these projects gives a direct return to society, the State and the Exchequer. The scale of the proposed cuts will be devastating for youth projects across the State and in Dublin.

What about the Tánaiste's much heralded commitment to valuing children, childhood and youth? What about the Government's commitment to disadvantaged communities and children? What will the Tánaiste do about these cuts? The Minister for Children and Youth Affairs is set to sign off on them next week. Will the Tánaiste intervene to stop her?

The Government does value children and childhood. This is the first Government to have a dedicated Department of Children and Youth Affairs, headed by a Cabinet Minister. This is the Government that delivered on a commitment that had been spoken about for 20 years, namely, to enshrine the rights of children in the Constitution. The Government spends a considerable sum of money in the delivery of youth services which are delivered through the vocational education committees and the various youth bodies and services organised throughout the country. From time to time, the demand for services, the numbers using them and the numbers involved vary. Accordingly, the amount spent in an individual service may go up or down. I know the Minister for Children and Youth Affairs has an ongoing dialogue with youth service providers. She consults them regularly about what is the best way to deploy and use the resources of the State to ensure these services are working in the interests of the young people for whom they are provided.

The establishment of Departments and changes to the Constitution are only of value if they are actioned, become a reality and inform public policy. For all of the Tánaiste's rhetoric, the truth is the youth affairs budget has been cut by 10%. This will directly translate into a 14% cut for the SWAN project in the North Wall. This project caters for 350 young people and does immensely valuable work. If its work is undermined or disrupted or services are lost, the Tánaiste must be very clear that we will lose on the double. Children and youth lose the opportunity attached to the service available to them, but the State loses too. The Government should not be penny-wise and pound-foolish in this matter. The sum of €62,000 which this project will lose might not be a big deal for the Tánaiste as it is a fraction of his own salary and of those disgraceful pensions that so many former politicians receive. Just as families on small incomes struggle with a small cut, so too do projects with lean budgets.

I put it to the Tánaiste again that these cuts are wrong and I do not believe he can stand over or defend them. Will he intervene with the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and insist on the cutbacks being stopped? Will he and the Government insist on the commitments they made to children and disadvantaged communities being honoured?

It is outrageous to cut services in Darndale.

When it comes to rhetoric, nothing can take second place to the rhetoric of Sinn Féin.

The Tánaiste would know all about it.

We have had another example this morning of the party's "Father Ted" economics-----

Answer the question.

-----whereby they take one percentage figure and add it to another and we end up with a calamity.

If Sinn Féin is Fr. Ted, the Tánaiste is Fr. Jack.

On provision of youth services, the Minister for Children and Youth Affairs has in place a process of discussions, dialogue and consultation with the providers of youth services.

What about youth services in Darndale?

Where there is a difficulty with an individual youth service and the resources available for it, there is a channel of communication between the service providers and the Minister for Children and Youth Affairs.

There is a difficulty with all of them.

As I said, from time to time, because of changes in population, demand and the range of services provided, the allocations to individual services and projects may change.

It sounds like a change in promises.

If there is a difficulty with any service, there is a channel of communication between the providers of youth services and the Minister for Children and Youth Affairs. Where service providers have difficulties, they can use that channel of communication to have the issues discussed.

Will the Tánaiste not intervene?

Yes, but there is already-----

There have been cuts.

Why intervene when there is already a direct channel of communication?

Perhaps because the Tánaiste is the leader of the Labour Party and supposed to defend these services.

The reason there is a direct channel of communication is we have a dedicated Department of Children and Youth Affairs which is dealing with this issue.

What about the children who will not have meals? Will the Government cut funding for their meals also? Is that what is next?

Figures released this week in my constituency, Waterford, show that the number of home burglaries in January was up by over 30% on the figure for the same period last year. The rising statistic are on a par with figures throughout the country. In some areas the number of home burglaries has almost tripled in the past year. I suspect, given all the facts and figures, the real figure is a good deal higher.

I encounter victims of burglaries on a regular basis, all of whom paint a similar picture of the terrible pain and misery caused by this violation of private space. Often this horror is revisited when the perpetrator is brought to court and spared from a jail sentence. Often, items taken are never returned. They include personal jewellery and items close to people's hearts. I was in a house last week in which the mother and the father of the residents had died tragically some months before. Jewellery belonging to them was taken and more than likely will never be returned. I witnessed a husband and a wife crying in front of me. Many cry outwardly and many into their hearts. The psychological effects of having one's home violated cannot be underestimated and can last forever.

One point frequently under-reported concerns the cost of replacing items in a home and repairing the damage done by intruders. Many opt not to claim under insurance policies because of a fear premiums would go through the roof. Many others cannot afford to take out insurance policies. Research undertaken by Eircom PhoneWatch puts the average value of goods stolen in home burglaries at a staggering €1,868, a colossal expense.

I have one further comment to make before I come to my question. With many others, I believe the criminal justice system is failing the victims of burglaries. Today in every city and town, probably in every estate, someone's house will be burgled. Will the Tánaiste consider introducing legislation to force those found guilty of burglary, regardless of whether a community service or custodial sentence is handed down, to repay the cost of repairing the damage they have done? Under such legislation, every judge in every District Court would be instructed to ensure the perpetrator, regardless of means, would make reparations which could be deducted from his or her wages or social welfare payments.

I know the Tánaiste is aware of this matter; having spoken to other Members, I know they are aware of it also. It is a crime that has gone unnoticed compared to serious crimes against the person. It is destroying people's lives throughout the country. There is a fear among people that they are being abandoned and not taken notice of. Often, I have been in court when an out-of-touch judge, because of some do-gooder, says kind words about the perpetrator, while the victim is left abandoned. We need to do something about this problem urgently.

I thank the Deputy for raising this question which is both serious and relevant. I agree that the effect of the burglary of a person's home cannot be measured simply in financial terms in respect of the goods stolen or interfered with. There is also an absolute sense of violation felt by the victims. The sense that someone has been in one's home and bedroom tampering with one's personal belongings and, in some cases, stealing or damaging things that may not be of great financial value but which are of considerable sentimental and emotional value to the victims is unnerving. The suggestion the Deputy has made is constructive. In terms of penalties, the Minister for Justice and Equality has a strong personal view in favour of restorative justice. I will bring to his attention what is a worthwhile and constructive suggestion made by the Deputy and ask him to have the Deputy's comments considered as a way of dealing with the issue. Naturally, the proposal could never repair the sense of violation and damage experienced by someone whose home has been burgled, but perhaps it might be a more pragmatic, effective and appropriate way of dealing with the perpetrators than some of the ways by which they are being deal with.

I believe the remarks of the Tánaiste are sincere and imagine many people throughout the country will be most comforted by them. They will send a clear message that there is a price to be paid if one violates the home of another. I am not here to make any direct attack on the Judiciary. However, I put it to the Tánaiste that throughout my political life I have spent a good deal of time representing people in court in Waterford city, as have some of my fellow Members. People can be taken aback at some of the sentencing procedures carried out by the Judiciary. How often have people who have burgled homes been seen walking around the streets the following day by the very individuals whose homes had been broken into? They are shocked and bewildered in such circumstances. At times the Garda can prepare very good cases and I have been with gardaí in the District Court, but because a given judge is out of touch, no sentence is applied and the person responsible can go back out and reoffend. I read a report in a local newspaper in Waterford on one person who had reoffended 25 times. I am comforted by the response of the Tánaiste and believe others will be also. I hope that within a short period he will act on my suggestion.

Yes, I will. As I said, I will bring the Deputy's remarks to the attention of the Minister for Justice and Equality whose views are very much along the lines of restorative justice. Naturally, we should understand this end of the equation is considered after the damage has been done. Even where a financial penalty was imposed by the courts, a strong sense of violation would still be experienced. A stolen item of sentimental value, for example, a wedding ring inherited from a mother or a grandmother, can never be replaced.

It may not be the financial value but rather the family or sentimental value that is important. This is why we have to address the issue of home burglaries by preventing them. The work that is being done by neighbourhood watch groups and community gardaí helps in advising local communities and home owners about simple precautionary measures, such as not leaving the bathroom window open when one is on one's way out because one has forgotten to close it. Householders can get advice on these simple precautionary measures. Community gardaí and neighbourhood watch groups have developed ways of identifying and marking personal goods to enable gardaí to identify their owners when somebody is detected. There is also a requirement for a sense of good neighbourhood in communities so that people keep watch over the homes of those who live alone and who may be vulnerable. This is a big issue and it causes considerable worry for people. The suggestions that the Deputy made this morning are valuable and constructive, and I will ask the Minister for Justice and Equality to consider them.

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