Dáil Éireann debate -
Wednesday, 6 Mar 2013

Vol. 795 No. 2

Topical Issue Debate

Road Safety

Deputy Ann Phelan

I thank the Ceann Comhairle for affording me the opportunity to speak in the House today on this important topic.

Road safety has been a serious issue in this country for some time with many losing their lives or becoming badly injured on the nation's roads. While the situation has somewhat eased in the past number of years, it is still unacceptable that so many are killed or injured on the roads every year. There are many reasons for this and now is not the time to delve into that discussion.

I bring the attention of the House to one aspect of road safety that simply must be further legislated for. According to a recent report by the Transport Research Laboratory, there are concerns over the quality of windscreen replacements in this country. In all the replacements that have taken place in the past year, 35% of them were found to have a safety or quality issue and 14% were found to have serious signs of safety issues. While I do not want to over-dramatise the position here today, it is important.

The windscreen of a car now accounts for up to 30% of its structural integrity and it prevents the roof from collapsing if the car rolls over. Also, once the airbag has been activated, it relies on the support from the windscreen in order to make it work properly. A windscreen that is fitted properly is, therefore, crucial to the overall safety of the occupants of the car and an incorrectly fitted one could significantly increase the potential for serious injury or worse in the event of an accident.

In addition, windscreens are becoming increasingly complex as car manufacturers have over the years added electronics to their construction, as well as tinting and curving them more than ever before. The industry is producing ever more complex windscreens and we must be able to trust the appropriate company to replace them properly.

However, little or no regulation exists in this area, one which is crucial to road safety. I might add that this is not peculiar to Ireland. It also is the case in other countries.

It has been highlighted at the Joint Committee on Transport and Communications, of which I am a member, that there is another worry associated with this industry, that is, the practice of steering.

Many insurance companies now offer policies that give free windscreen replacement to those who take out motor insurance with them. As policyholders with certain insurance companies, we are steered towards a particular windscreen company for a replacement. In order for a windscreen company to get that business, standards are often cut and shortcuts taken. These insurance companies are trying to keep their costs down and so in order to get one of the lucrative contracts windscreen-replacement companies can be tempted to cut their costs by using inferior materials and shoddy work practices, leading in turn to a poor quality service.

Consumers are entitled to have any component replaced or repaired so that the vehicle is as good as it was before an accident. This is not helped by the lack of proper regulation governing this industry. Most people are unaware of the lack of standards in the industry, and may be driving a vehicle with a windscreen that is defective and may render the airbag useless.

I look forward to the Minister of State's reply. I do not wish to overdramatise the situation but it is important. I had my windscreen replaced approximately four weeks ago and I was completely unaware that one should go to a reputable company. I did not realise the windscreen was so important to the overall safety of the car.

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly)

I thank Deputy Ann Phelan for raising this important issue. I know it is of concern to her as she has spoken to me about it privately.

The poor fitting of replacement vehicle windscreens is currently a consumer affairs matter relating to the delivery of a service, for which the Minister for Transport, Tourism and Sport has no functional responsibility. However, if there are apparent flaws in the manner in which replacement windscreens are fitted, I believe the issue would best be addressed by agreement among all interested parties to improved training standards for windscreen replacement and by adopting an industry-wide operational code of practice, which I believe the Deputy would welcome. Such agreement would necessitate a combined collaborative approach between the windscreen-replacement industry, vehicle manufactures and insurers within the Irish market in coming together to agree standards and the sanctioning of the installation of replacement vehicle windscreens by reputable well-trained windscreen replacement technicians only.

With regard to legislative provisions relating to the service and-or repair of a vehicle, I am advised that at present there is no specific legislation governing windscreen repair and fitting companies, individuals or indeed the standard of workmanship for fitting or repair of windscreens. However, there are regulations regarding the quality and fitness for purpose of a vehicle and of a vehicle component, and the standard of a service provided or performed in respect of a vehicle or of a vehicle component. For example, the Sale of Goods Act 1893, as amended, provides that a good, which would include a windscreen, sold in the course of business must be of merchantable quality and must be reasonably fit for the purpose for which it was intended and that a service, including a service or the repair of a vehicle, is subject to four requirements. These include that the supplier has the necessary skill to render the service; the person supplying the service will do so with due skill, care and diligence; where materials are used, they will be sound and reasonably fit for the purpose for which they are required; and where goods are supplied under the contract, they will be of merchantable quality.

The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, SI 190 of 1963, as amended, requires windscreens to be made from a suitable material that is clear, stable and will not splinter if fractured and that is either safety or laminated glass. Additionally, the European Communities (Road Vehicles: Entry into Service) Regulations 2009 require replacement windscreens for European approved vehicles to be of the same standard and specification as the original windscreen fitted when the vehicle was manufactured. Compliance with this legislation is checked at the vehicle's periodic roadworthiness test when the windscreen is inspected to ensure that it is labelled with specific safety and approval markings. The windscreen is also visually checked to ensure that it is not damaged and is secure.

Poor quality fitting of replacement windscreens, as highlighted by the Transport Research Laboratory's report, which had been commissioned by Autoglass, was brought to the attention of the RSA which has responsibility for vehicle standards policy. After reviewing the report the RSA agreed that a correctly bonded windscreen plays an important role in the strength of a car in the event of a collision. Correctly fitted and bonded windscreens may also play a role in the correct deployment of passenger side airbags.

I understand that after reviewing the report the RSA engaged with the Garda national traffic bureau which advised it was not aware of any instances of ill-fitting windscreens being responsible for fatal or serious injury caused to any person in any collision. The RSA also engaged with the Irish Insurance Federation which forwarded the report to motor damage claims specialists in a number of its member companies for comment. The IIF indicated that should Autoglass conduct further research disclosing safety and standards issues, it would be happy to work through the IIF and others to address them.

The RSA concluded from the information contained in the TRL report that it appears that not all windscreen replacers are following the correct procedures and workmanship when fitting windscreens resulting in possible safety implications and value-for-money considerations for vehicle owners. RSA engineers reviewed the fitting process of a replacement windscreen and agree that in order to ensure a good bond is achieved between the windscreen and the vehicle a prescribed series of steps must be followed utilising manufacturers recommended adhesives and curing times. As with many other vehicle repairs, a certain level of training, competence and quality assurance is required to ensure that individuals carrying out such work do it correctly to an appropriate standard and to manufacturers' specifications.

In order to improve the standard of workmanship in the windscreen replacement industry it is suggested that the industry engages with insurance companies, the Society of the Irish Motor Industry and vehicle manufacturers to agree on standards, training, quality control and codes of practice that should be used when repairing or replacing windscreens. This approach of upskilling and training of windscreen fitters, combined with agreement from the insurance companies that only suitably trained individuals can carry out work on their behalf, will drive improvements in the standard of workmanship in this important area of vehicle safety.

An Ceann Comhairle

Go raibh maith agat.

Deputy Alan Kelly

Both the Department and the RSA would welcome such developments and in general support any efforts that will improve the standard of the national fleet including upskilling and training of those involved in the maintenance and repair of vehicles in the national fleet. In the meantime, in the absence of such industry-wide agreement on this issue, it is each vehicle owner's responsibility to ensure that his or her vehicle is in compliance with the law and maintained in a roadworthy condition at all times.

An Ceann Comhairle

I am afraid we are over time.

Deputy Alan Kelly

Road traffic law places the onus on users of vehicles on public roads to ensure that their vehicles comply with the law and are safe. I thank the Deputy for raising a really important issue which the Department and the RSA will take quite seriously.

Deputy Ann Phelan

I thank the Minister of State for his comprehensive reply. I ask him to put pressure on the motor insurance companies which also have a role to play in the matter. Providing windscreen repair and replacement companies with accreditation to a technical standard would have the effect of encouraging quality and safety in the market and would provide a mechanism that could be used to drive the necessary improvements.

Sometimes when in doubt one throws something into the area of education. The national car test might have a role to play in the matter. I believe a pressure test could be developed to prove if the windscreen has been fitted properly. I take on board everything the Minister of State has said and I look forward to developments in the matter.

Deputy Alan Kelly

I again thank the Deputy for raising the issue which gives food for thought. We are investigating whether a code of practice can be encouraged. The Deputy's comments on the NCT are ones we will be pursuing through the Department to see if there is a requirement to revisit the standards and if something needs to be addressed. The issue raised was worthy of discussion, and I thank the Deputy for doing so.

Mental Health Services Report

Deputy Maureen O'Sullivan

Gabhaim buíochas don Teach agus ba mhaith liom a rá go bhfuil áthas orm go bhfuil an t-ábhar seo á phlé againn inniu. Tá sé riachtanach go gcoimeádfaidh muid an t-ábhar seo, cúrsaí sláinte intinne, os ar gcomhair amach anseo. We know the plan for community-oriented multidisciplinary mental-health teams that will allow people to access treatment without hospitalisation, but it is not moving as efficiently as it should. Apart from the human advantages, there are also significant economic advantages. The money for mental health services has not always gone into mental health services, where we know it is needed.

There is a need for a system that would track the activities of community-based mental health services and funding. I draw the attention of the House to the report, published on 1 February, of the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Mr. Juan Mendez, which looks at abuses in health care settings that may cross the threshold of mistreatment and be a form of torture or cruel and degrading treatment. In looking at mental health legislation within the UN Convention on the Rights of Persons with Disabilities and UN Committee on the Rights of Persons with Disabilities, Mr. Mendez established that community living with support is no longer a favourable policy development but an internationally recognised right.

Community mental health services are not an established right in Ireland. While this was first proposed in 1984 and again in A Vision for Change in 2006, we are still awaiting the move from residential and institutional care to community care. While the policy in this regard has been in place for more than 30 years, it has not been the practice. I support the call by Amnesty International for legislation in this area to provide that health authorities are duty-bound to account for and ultimately deliver community mental health services. Mr. Mendez also calls in his report for legal provisions to be revised, which currently permit detention on mental health grounds in mental health facilities and allow coercive interventions and treatments in mental health settings, without the free and informed consent of the person concerned. The report also calls for a ban on forced and non-consensual medical interventions for persons with disabilities, be that psycho-surgery, electric shock treatment, mind altering drugs, restraint or solitary confinement. I would like to know where we stand on these matters.

Another issue of concern is the status of the appointment of the director for mental health services and whether that person will have budgetary control and an implementation plan for delivery of A Vision for Change. I have previously tabled parliamentary questions to the Minister, Deputy Reilly, and Minister of State, Deputy Lynch, on staffing issues. Between March 2009 and December 2012, there was a 12.1% decrease in staff numbers in mental health services. We do not want a recurrence in 2013 of the delays which occurred in 2012. There must be visible accounting in terms of what is happening in terms of funding and staffing for mental health services.

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

I apologise on behalf of the Minister, Deputy Reilly, and Minister of State, Deputy Lynch, for their not being in the House to respond to this important issue raised by Deputy O'Sullivan.

In line with the agreed programme for Government, the Government has prioritised the reform of our mental health services and is committed in particular to the delivery of more and better quality care in the community, as envisaged in A Vision for Change. Deputy O'Sullivan referred to the 1984 document, which I recall because I was a student at that time and did a special report on it. That report focused on the move to a community model. I recall distinctly well the context of the report at that stage. Implementation of the recommendations of the report has been slower than originally expected owing to a number of factors, including the changed economic context, constraints on public expenditure and the moratorium on recruitment. However, with regard to residential services, a great deal of progress has been made with the accelerated closure of old psychiatric hospitals and their replacement with bespoke new facilities such as the Phoenix Care Centre which was recently opened in St. Brendan's, Grangegorman. Beyond new capital developments, progress also encompasses shorter episodes of inpatient care and involvement of users in all relevant aspects of mental health policy and services. One of the most fundamental changes in recent years, as the Deputy will be aware, has been that people within the mental health service now have advocates who argue for their requirements, in terms of services, locally. This is happening across mental health service provision in this country and has given an additional voice to people who need help.

A Vision for Change recommended that a modern mental health service is best delivered in the community. The Deputy will be aware that a special allocation of €35 million was provided in 2012 for mental health services to strengthen community mental health teams in adult and children's mental health services; provide an additional 414 full-time posts to enhance suicide prevention measures; initiate psychological and counselling services in primary care, specifically for people with mental health problems; and advance relocation of mental health service users from institutional care to independent living arrangements. Full utilisation of the 2012 funding, together with a further €35 million for the new service put in place for 2013, represents an extra €70 million, with more than 800 associated mental health posts to improve and reform services. Recruitment of 307 of the additional 410 posts approved in 2012 has been completed. The HSE aims to fill the remaining posts by end March 2013. I hope to be able to report progress in this regard over the next few weeks.

Under the national implementation framework for the National Housing Strategy 2011-2016 for people with a disability and mental health issues, initial funding of €1 million has been made available by the Department to support the commencement in 2013 of the transitioning of people from existing settings to independent mainstream options. The renewed investment in mental health also facilitates the full implementation of the clinical programmes in this area and will drive service delivery and consistency, with a major emphasis on early intervention and improved collaborations within the primary care system to ensure the provision of a 21st century mental health service in Ireland. Ireland has a strong human rights record. The protection of such rights is central to our domestic and foreign policies. The practical fulfilment of this objective is of paramount importance, including proper reflection in evolving policies and settings across a wide range of our health and personal social services.

Deputy O'Sullivan referred to the most recent report of the Special Rapporteur, Mr. Mendez. There are significant findings in that report in terms of the setting that is now chosen for the majority of people in this country with mental health issues. I understand that the Department is studying the report in detail and will issue its considered view on it in due course.

Deputy Maureen O'Sullivan

I take heart from the fact that the Department is studying Mr. Mendez's report and will issue its findings on it. It is, however, difficult to accept much of what the Minister of State had to say about budget cuts and the moratorium on recruitment given the issue of mental health has not suddenly appeared on our agenda. This issue has not been a priority for any of the parties, including Fine Gael, Fianna Fáil and the Labour Party, in Government since 1984, although it has become a priority in recent times.

What was promised in 2012 did not materialise. The fear in the mental health setting is that the same will happen in 2013. The point that must be made is that political will alone has not worked when it comes to the provision of mental health services. A different approach is now needed, which could be provided by way of enactment of legislation to provide that the HSE is obliged to account for progress in this area and for the production of regular transparent reports in this regard, including to this House. It is important also there is development of mental health services for people with an intellectual disability. I ask that these proposals be taken on board. As they are included in the report, I presume the HSE will respond to them.

Spending on community mental health has been static at 27%. Spending on residential care has been consistently 58%. I acknowledge the opening of the Phoenix Care Centre, which I attended. I was disturbed by the attention of the media on that occasion to the Minister, Deputy Reilly, and Minister of State, Deputy Lynch, being stuck in a lift rather than on that amazing facility. The opening of that facility presented an opportunity to look at the whole area of mental health in a much more progressive manner rather than on the mishap in the lift.

Deputy Brian Hayes

I do not disagree at all with what the Deputy said and there is much common sense in it because we should focus on the merits of the issue rather than frivolities or otherwise of people getting stuck in lifts. There is a message in this for the media and those who pander to them with simplistic commentary rather than detailed policy work. The Deputy is right to say that even with the cutbacks there has been a renewed commitment on funding on the part of the Government, and the Minister of State, Deputy Lynch, in particular has taken a huge interest in this area. Fair is fair and in circumstances where cuts have occurred a special allocation of an additional €35 million was made last year. Our commitment was to have an additional 414 places. As of now, 307 of these are in place and a commitment has been given that the great majority of the remaining number will be in place in a matter of weeks. I understand the 2013 budget also contains a commitment that an additional €35 million would be put in place to allow these additional posts to be filled.

Even in very difficult times when budgets are being cut this is an area where budgets are expanding because we recognise there has been a real deficit in the number of trained personnel working in the area. I expect, because of the notes I have in front of me, these people will be in place by March this year. This will represent an increase of €70 million over the past two years and an additional 800 posts over a longer period of time. Slowly but surely we are beginning to recognise the need for proper mental health services, as the Deputy has rightly said. Even in difficult times we can still do this. I am sure the Deputy and others will encourage the Minister to get even bigger budgets and have a larger number of supporting personnel. As the Deputy rightly pointed out, there is an issue with regard to how developments in this area will have a practical impact throughout the HSE service and this is something of which we need to be very mindful. We should not have doctrinaire ideological views on something if evidence shows a better system, or at least a more flexible system, needs to be put in place. We need to be mindful of this and change policy accordingly.

Special Educational Needs Services Provision

Deputy Simon Harris

The parents of children with special needs in County Wicklow need and want to hear from the HSE and the Department of Education and Skills about the future plans for St. Catherine's Association and all of the services it provides to children in the county. Yesterday 58 superb staff members were let go. Today parents in Wicklow are concerned, frustrated, angry and confused. They do not know what is going on. I understand a meeting will take place on Monday with the board of directors for all parents whose children use the services of St. Catherine's Association and this is a very important process. The five Deputies from Wicklow, and Deputy Donnelly is in the House while Deputy Ferris is out of the country, are all working together on this in an effort to ensure services are retained.

I know there are serious corporate governance and financial management issues in the organisation but my priority and that of the people in County Wicklow is to see its services and the level of care retained. Everything done by St. Catherine's Association was done for the good of children with special needs. The service grew out of need and love. Clearly there are very serious issues and the new board of directors of St. Catherine's Association very much acknowledge this and have been working hard over the past month to attempt to rectify it. These issues must be addressed. From our perspective, we need the HSE and the Department of Education and Skills to work together and meet the new board of directors and put in place a structure to ensure the health, education and residential services can be retained. St. Catherine's Association provides a unique service and we need to ensure it continues. Yes, significant changes need to be made but we need assurances to be given to parents and children that services will be retained and that the issues will be addressed.

Deputy Billy Timmins

It is most important that we as a society and a Government protect those who are most vulnerable. In recent years, much concern has been expressed by disadvantaged groups who feel they are taking a disproportionate cut in the services provided to them. I am confident this will not be the case in this situation. St. Catherine's Association was established several decades ago as a voluntary organisation to provide services for those with intellectual disabilities. On a voluntary basis many people campaigned, fund-raised and worked for many hours to establish a service when the State provided very little, if anything, in the area. It has developed and grown and provides an excellent service to many families along the east coast of Wicklow. It is going through change at present but it is very important. I am aware the Minister of State, Deputy Lynch, has had dealings with the HSE in this area in recent months and it is important that she gets out the message that the service provided will not suffer and that in whatever manner it is revamped the facilities and services of St. Catherine's Association will remain available to the residents and families. It is important to acknowledge the excellent work done by the many volunteers throughout the years and I hope once we go through this process that people will be reassured. I welcome the decision of the board of directors to meet the families in the coming days to reassure them that services will stay in place. The Minister of State can go a long way to reassuring people and the public that this is not a case of cutting back a service but of revamping one.

Deputy Andrew Doyle

Like my colleagues I am glad to have an opportunity to address the subject. St. Catherine's Association was established at a time when families or those with an interest in special needs had to push harder than they do today for anything they got. They got money and established a service at a time when there was no such thing as service level agreements or corporate governance. The service was born in this era, and it is the property of not only the families but also the community which feels it established it. This weekend the local Lions Club will run a fund-raiser for St. Catherine's Association. It will run vintage car runs and make other efforts to raise money to enhance the services provided by State funding through the HSE and the Department of Education and Skills.

It is regrettable that it has come to this. There are issues which have needed to be addressed for some time and it behoves everybody involved to get proactively engaged in resolving the issues. It is very important at this stage that the families, parents and children who are service users are reassured about the quality and type of service that will remain once the process has been completed. This is the most important thing and I urge the senior management of St. Catherine's Association, with or without the HSE, to meet the parents and give them this reassurance and explain to them exactly what has gone on. Too much has been up in the air for the past six months. I ask the Minister of State to bring this message to the Minister and the relevant people involved.

Deputy Brian Hayes

I thank my colleagues, Deputies Timmins, Doyle and Harris, for raising this issue. I understand people's concern and the necessity to use the Chamber for a very clear statement on the part of the Minister for Health and the Minister of State at the Department and the Minister for Education and Skills. I know St. Catherine's Association as when I was education spokesperson on the other side of the House I worked with it on a number of issues with regard to special educational needs support. I take the point made by Deputy Doyle that this is not just a local concern. It is more important than this because St. Catherine's Association is a fundamental part of the national infrastructure for educational support of children with special needs.

I understand all Deputies in the Wicklow constituency are concerned about the future of the services of St. Catherine's Association in the context of difficulties which have emerged with regard to financial and governance issues, and in particular the fact that St. Catherine's Association has decided that a number of current employees will not have their contracts renewed. It is important to reassure the Deputies and the wider community that the HSE and the Department of Education and Skills are working closely with the service to ensure it will be sustainable for the future.

St. Catherine's Association delivers services to children with intellectual disability and is a valued service provider to people in the area. Services currently provided include multidisciplinary support services to approximately 250 children in St. Catherine's special school and early services including preschool to a number of children on the autistic spectrum. It also provides residential places for 11 children and two adults, and respite services for approximately 75 children.

The HSE provides funding to St. Catherine's Association - which, in 2012, amounted to in the region of €9 million - under a grant as provided for by section 39 of the Health Act 2004. The Department of Education and Skills funds the educational elements of the service separately. In that context, I am assured by the Department of Education and Skills that St. Catherine's Special Needs School remains open to its pupils. The difficulties currently being experienced do not concern the education provided to the pupils. Department of Education and Skills officials have arranged to meet with the school tomorrow morning to discuss the current difficulties and to assist the school.

St. Catherine's has grown significantly over a short timeframe in an unsustainable way. The HSE recognises the value of this service and is anxious to help the organisation to return to sustainability as soon as possible. A financial and governance review is being finalised by the HSE at present and the aim of the close engagement by the HSE is to ensure that this valuable service can continue on a sustainable footing. As part of the resolution of the matter, I understand that St. Catherine's has decided in recent days that it will not be renewing the contracts of a number of staff attached to the educational part of the service. While I understand this may be of concern to parents of children who attend St. Catherine's, it is important to note that it is in everyone's interest that the service be run in a financially sustainable way.

I understand that the Minister of State, Deputy Kathleen Lynch, recently met with all the Deputies for County Wicklow. She emphasised that every effort is being made to assist this organisation and, in particular, the children and parents who rely on its services. The aim of this is to protect services for families in a sustainable way.

Deputy Simon Harris

I thank the Minister of State for his response. It is particularly encouraging to hear that departmental officials will meet with the management of St. Catherine's tomorrow. It is good news that the Department of Education and Skills will now engage with those concerned.

The Minister of State is correct that our collective aim as a group of Deputies is to protect the services that are in place. I hope the meeting on Monday between the new board of directors and the parents will pave the way forward. The St. Catherine's service is unique and, therefore, it may be necessary to examine new funding methods. It may also be necessary to look at new ways for the Department of Education and Skills, the Department of Health and the HSE to work together to continue to deliver some of the innovative services which make St. Catherine's a centre of excellence.

I thank the Minister of State again for his response and I look forward to us working together to protect this service in future.

Deputy Billy Timmins

I thank the Minister of State for his comprehensive and positive response. I regret the fact that a number of people on short-term contracts will lose their jobs, but I hope they can be re-employed somewhere in a similar area of work.

While the Minister of State's reply is reassuring, there have been a few weeks of uncertainty for the families concerned. I regret that the HSE did not keep public representatives for the area briefed on exactly what was happening. If we had had the contents of the Minister of State's speech a few days ago, it could have spared people some difficulties. However, I acknowledge and welcome the commitments that have been made by the Minister of State.

Deputy Andrew Doyle

The Department of Education and Skills has reaffirmed that its contribution to the education system, including the teaching of these children, will not change. We will have to discuss in some detail, however, the relationship between the HSE, the management of St. Catherine's and the Department of Education and Skills. There has been some tangling of wires in that area because what was part of a €9 million budget for care may have become part of an education stream of funding also. This is the nub of the problem with regard to governance. In anyone's language, €9 million is a substantial amount of money for a service. We could probably never give enough but at the same time there have been no departmental or HSE cuts in this area. It is important to remember that. It is a matter of getting the governance structures right and rebuilding from there.

The Minister of State said that St. Catherine's grew quickly but unsustainably. It is not that long ago, however, that the school was sustainable. It should be possible, therefore, to bring it back to the previous sustainable model which has served so well for over 30 years.

Deputy Brian Hayes

I very much take on board the points that have been made by the three Deputies. Where an issue like this arises, there is a responsibility on the HSE to inform local elected public representatives, including Members of this House, to help assuage community concerns. There is nothing as bad as a vacuum, so I hope that the HSE and others will learn lessons from this. They simply cannot go around the place without informing elected representatives, who understandably will take on board queries and concerns from constituents. I hope the HSE will learn lessons from this affair because that information was not provided, albeit through no fault of the Minister. On the contrary, the Minister of State, Deputy Kathleen Lynch, met all the Deputies concerned last week. On foot of her intervention, she made it abundantly clear, both to the Department of Health and the Department of Education and Skills, that the Deputies should be properly informed. In particular, the parents of the children concerned should not be unduly afraid.

This is a unique setting. We have a special school, which is one of a number of such schools around the country. There is also an adult setting and respite services are being provided. Under a number of different expenditure sub-heads, the total expenditure has to be sustained and dealt with properly. As Deputy Doyle said, there are governance issues here which I am sure the HSE and others will work through.

On foot of her representations, the Minister of State, Deputy Kathleen Lynch, wants me to state that a meeting will occur tomorrow morning between the school management and the Department of Education and Skills. I am grateful for this opportunity to reply on her behalf in order to put that information into the public domain. We should not cause undue concern to parents because the service will remain. There may be changes in the funding model, but it is crucially important to get that model back on a sustainable level. In that way, these excellent services can be provided to the young people who use them. This is not just important to the people of County Wicklow, but is also part and parcel of a network of special schools around the country that provides a fantastic service to children with challenging behavioural issues.

Miscanthus Industry

Deputy Michael Moynihan

I am grateful for the opportunity to raise this issue. People around the country have invested a large amount of money in growing miscanthus, but they are worried about the future of the industry which may be at risk. The fear is that the sector is in jeopardy and it is believed that the Department of Communications, Energy and Natural Resources has not adjusted the REFIT scheme to allow the entire crop to be sold to the Edenderry power station in the coming weeks. The biggest difficulty is that approximately 300 farmers have invested a significant amount of money in the sector in recent years to develop the industry and grow almost 6,000 acres of miscanthus.

Rightly or wrongly, there was a belief that the farmers concerned would have an outlet for this crop when it was ready to be harvested. It now appears this outlet, through the REFIT programme or any other scheme, is not available. Many people have invested heavily in this crop in the belief they were securing their future. Although almost 100 jobs are associated with the crop from the growers' perspective, they have been informed the renewable energy feed in tariff, REFIT, scheme will come into being only in 2015. While I am delighted the Minister is present in the Chamber to reply to this matter, more than 300 farmers, who are located in nearly every community, but in my own and in west Limerick in particular, have bought into this. They have planted a crop about which there always was an expectation that the outlet for it would be through Bord na Móna and its Edenderry plant. However, this has failed to come to pass and there is a belief among those who invested in this crop that the Department is not coming up trumps in this regard. I believe I have set out the issue without waxing lyrical on it because people are concerned about their investment and their future. The Minister might clarify the position for me.

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte)

I am glad Deputy Moynihan has raised this matter because it is an issue about which I am concerned and have a little knowledge. Moreover, I met the company directly to try to tease out the issue. The background is that to meet Ireland's 2020 binding targets to increase renewable energy to 40% in the electricity sector, 10% in the transport sector and 12% in the heating sector, the Government is committed to so doing under the 2009 renewable energy directive. At present, to meet its current energy demands, Ireland is importing approximately 90% of its fuel requirements at a cost of approximately €6 billion per annum. Developing robust indigenous renewable sources of energy will help Ireland to meet its 2020 targets and to reduce its dependence on such fossil fuel imports.

In February 2012, I opened a REFIT scheme for biomass technologies to promote the use of renewable energy from biomass. REFIT 3, which is the scheme to which Deputy Moynihan is referring, was designed to incentivise the addition of 310 MW of renewable electricity capacity to the Irish electricity grid. The technologies being supported include anaerobic digestion and combined heat and power, which also will contribute to Ireland's renewable heat targets. It also contains incentives for co-firing of biomass, including energy crops such as miscanthus and willow in existing peat-powered generation plants and the use of biomass for generation of electricity only. The scheme operates by guaranteeing a minimum price for renewable electricity generated and sent to the grid over a 15-year period and the cost of REFIT is borne by electricity consumers through the public service obligation, PSO, levy. REFIT payments are made only to electricity suppliers for the renewable electricity exported to the grid. It was never intended to set out a tariff price for biomass itself and prices paid to suppliers of biomass are a private contractual matter between the supplier and the electricity generator. The REFIT schemes are funded, which is paid for by all electricity consumers.

REFIT 3 was designed, in part, to build on the bioenergy scheme operated by the Department of Agriculture, Food and the Marine, which provides establishment grants to farmers to grow energy crops such as miscanthus and willow for use in renewable energy production. It is, however, important to note that the bioenergy scheme was opened in 2007, long before a REFIT scheme for biomass was mooted. Equally, REFIT 3 does not preclude the use of miscanthus by electricity generators other than those co-firing with peat. Miscanthus and other energy crops can be used as a fuel in both the heating and electricity sectors. While miscanthus has certain advantages over other energy crops in respect of returns, I understand it is not suitable for all applications and its high chlorine content can cause corrosion in some boilers. It also is bulky and expensive to transport and therefore, the economics work better when the plantations are close to where it is required. As a result, the markets for miscanthus is limited at present. I understand that most of the miscanthus is used for co-firing with peat at one of the power plants in the midlands. I also understand that a small proportion is processed into heat logs and used in the heat sector. However, I believe that as new biomass plants supported by REFIT 3 come online, this will create further demand for energy from biomass and miscanthus may have a role to play in contributing to meeting Ireland's renewable energy targets.

Deputy Michael Moynihan

I thank the Minister for the reply. The difficulty is it appears to indicate that a logjam has been reached with regard to those people who have invested in the industry and are now faced with a decision in which they had thought they had an outlet for the crop but are experiencing difficulties. I had not been informed that the Minister had met the company concerned. I really seek to ascertain what can be done to assist these people and to ensure there is some outlet for them in the future. In the last line of his reply, the Minister noted that as REFIT 3 comes online, it would create further demand for energy from biomass and miscanthus. When is this likely to happen and what is the likelihood of it coming on-stream in the short term? Do the Department of Communications, Energy and Natural Resources or the Department of Agriculture, Food and the Marine, to which the Minister referred in his reply, have evidence or details regarding a commitment having been given by Bord na Móna or any other entity when these farmers were investing in the crop? The Minister might clarify these two points.

Deputy Pat Rabbitte

That last point about what was the understanding at the time is critical. I should not say or go as far as saying the company asserts it was seduced into a contract at the time with Bord na Móna and that it now is in difficulty. Bord na Móna insists this is not the way it happened and since I came into the Chamber, I have received a communication from JHM Crops Limited, to the effect that contact is ongoing right up to today between the company and my office about what, if anything, I can do to pull it out of the fire, no pun intended. The difficulty is that it is a private contract between the growers and JHM Crops Limited, the company acting as middleman which organises the farmers and transports the miscanthus to the plant in the midlands. The difficulty is that at present, that contract is not rewarding the company for the costs of the enterprise involved. Even were Bord na Móna to enter REFIT 3 in six months' time, the difference would not be adequate to maintain any kind of viable margin for JHM Crops Limited. I also have spoken to the Minister for Agriculture, Food and the Marine about this issue because, as Deputy Moynihan has noted, 300 farmers have been given an expectation, which is a serious matter, apart entirely from the company that acts as the go-between being at risk. Consequently, I am discussing this matter with my colleague, the aforementioned Minister. It is a very difficult issue when it comes down to a private commercial contract entered into between two parties and the role of the State in this is minimal, if it exists at all. On the point Deputy Moynihan raises, the problem is that even were Bord na Móna to enter REFIT 3 as soon as may be, the difference would be very small. As I noted, the discussion still is ongoing and I would like to see a solution to this issue.

There are issues about which the Deputy will be aware relating to the merits of miscanthus compared to willow, what miscanthus does to the plant, the chlorine problem that arises and so on but that is neither here nor there. There was or there was not a contract. It seems difficult to see where either the Department of Agriculture, Food and the Marine or my Department can intrude to force Bord na Móna to do something if it thinks it is not in line with the contract or with its own commercial interests. There is a dispute as to what happened when the original contract came into being.