Dáil Éireann debate -
Tuesday, 16 Apr 2013

Vol. 799 No. 1

Topical Issue Debate

Animal Feedstuffs

Deputy Éamon Ó Cuív

While I have great respect for the Minister of State, Deputy Sherlock, I am disappointed the Minister is not present, although I compliment him on the good results achieved in the area of DNA testing. There is a major crisis in farming and it is particularly acute in the south which experienced unprecedented rainfall last summer. As a result, many farmers did not manage to make the quantity of silage they make in a normal year. The problem is affecting dairy farmers and high intensity farmers with a high turnover and low margin in particular. We have had a long, cold spring and anyone driving in the countryside will note the grass is brown rather than the normal green colour. Despite the milder weather of the past week, it will be another three weeks before farmers are able to fully turn their cattle out to grass. Many farmers are at breaking point. Some have been pushed so far they have tried to self-harm, while several have done worse.

I ask the Minister to take the simple step of allocating €10 million of his substantial budget for an emergency fodder scheme that would be made available to farmers in severe financial difficulty. Under the scheme, which would be administered by the Department and Teagasc, moneys would be disbursed to farmers in crisis who would be identified on the basis of financial information and the position on the ground in respect of fodder. We should put this issue into context. It costs approximately €7,200 to feed 60 cattle for 20 days and many farmers do not have this sum to meet the cost of feed.

Deputy Michael Moynihan

With respect, while the Minister of State will be fully aware of the position on the ground, the Minister, who is around the House or in the Department, should have at least come before the Dáil to discuss a most serious crisis facing the agricultural community. The issue was raised in July 2012 when the problem started and on many other occasions since, yet the Minister and his Department have not once accepted that there is a crisis. In recent weeks, I have been approached by farmers who are at the end of their tether. A small co-operative in Boherbue intervened last week and bought silage to distribute to hard-pressed farmers and other co-operatives have done likewise.

It is similar to the tale of the loaves and the fishes because people are counting the number of bales they have left and the level of rations they are feeding to their animals. Some individuals are feeding 12 or 14 lbs of rations to their animals, which is unprecedented. These are farmers who have been obliged to keep their cattle indoors since last July. In other words, their animals have been inside for nine months. In some instances where conditions have been particularly severe, cattle have had to be kept indoors since the end of June 2012.

This is the greatest crisis facing the agricultural community. The millers who are providing the concentrates at present are at the end of their tethers because their credit has been completely exhausted. They are returning to their customers in the farming community and seeking payments on accounts. However, no one has the money to pay them. Deputy Ó Cuív referred to an amount of €7,200. Some farms do not even have €700 to spend. In some instances the sole income for families comes from their farms but they have no turnover and no cash on hand. During my time as a Member of the House, I have never been known to exaggerate on issues but the impact of the crisis facing agricultural communities in my area and in others throughout the country cannot be overstated. I am of the view that a task force to deal with this matter must be established immediately because there are some whose farms or businesses will not survive the week.

Deputy Jim Daly

Cuirim fáilte roimh an Aire Stáit chun plé a dhéanamh linn ar an ábhar an-tábhachtach seo.

I join my colleagues opposite in highlighting the importance of and stressing the urgent need to deal with this matter. It is no exaggeration to describe what is happening as a crisis. Cattle are starving and farmers across west Cork are facing mounting fodder bills as a result of the exceptionally long winter. I am of the view that exceptional circumstances require exceptional responses. I call on the Minister for Agriculture, Food and the Marine to consider introducing a series of measures - I do not believe any one measure alone will solve the crisis - aimed at rescuing our most vital industry, namely, agriculture. The Minister is not to blame for the bad weather, which is a natural phenomenon with which farmers must deal. I have spoken to the staff of some of the local co-ops in west Cork and I have been informed that there has been a massive and, in many cases, unsustainable spike in the amount of credit being extended to farmers just so they might keep their cattle alive.

Despite the recent and welcome improvement in weather conditions, this crisis will run for some time yet, particularly when the full cost to farmers becomes apparent during the coming months. I believe in prescriptive as well as diagnostic politics. In that context, I wish to prescribe three solutions for the Minister's consideration. I ask the Minister of State, Deputy Sherlock, to communicate these directly the Minister, Deputy Coveney. The first of these solutions relates to the establishment of a hardship fund to be distributed by the co-ops. Farmers will testify that if it were not for the co-ops, they would not be able to survive. The latter have been extremely generous in the context of the credit arrangements they have extended. However, such arrangements are only serving to prevent farmers from going over the edge. The second solution I wish to put forward would involve the Cabinet instructing the banks to exercise more leniency with farmers who are struggling to make repayments. The third solution would involve the Minister - in light of the impact of this crisis - impressing on his colleague, the Minister for Social Protection, the need for the criteria relating to the farm assist scheme to be re-examined in order to make life bearable for farmers.

Deputy Michael Healy-Rae

I support my colleagues in respect of this very important matter. At present, farmers are attending auctions and competing with their neighbours to buy fodder. That is how bad the situation has become. Earlier today I received a telephone call from a woman who was extremely upset. I could not ring her back when her mobile phone ran out of credit. The woman in question did not have enough money to send to the Department to pay for tags relating to new calves. Deputy Moynihan stated that some farms do not have €700 in income. In many cases, those who own farms do not even have €70.

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Sean Sherlock)

I am taking this important matter on behalf of the Minister, Deputy Coveney, who wishes me to convey his apologies to the House regarding the fact that he is not able to be present to discuss it. I fully acknowledge the concerns that have been raised. We have all received visits to our constituency offices from farmers in recent weeks. I am aware that the Dairygold Co-op in my area is planning to import hay from the UK in order to try to alleviate the shortage. We are very conscious of the situation in which farmers, particularly those who live in more disadvantaged areas, find themselves at present.

The Minister has asked me to convey his acute awareness of the difficulties being experienced by some farmers as a result of recent unseasonable weather. The difficult conditions which obtained on farms last summer have been compounded by the extended winter. We acknowledge that the harsh weather of recent weeks has led to delayed grass growth and to increased demand for fodder and feed. Animals which, in normal conditions, would be on grass at this time of year have had to be kept indoors. While it is important to record that the outlook for our livestock sectors remains positive and that prices are relatively strong, it is clear that the conditions prevailing at present have resulted in short—term but significant management challenges. These include cashflow and credit issues - to which the Members opposite referred - for affected farmers who are faced with the burden of fodder shortages and additional feed costs.

In the context of the measures which can be taken to alleviate the problems on farms, the Minister urges farmers to contact their local Teagasc advisers. Where winter fodder is limited, Teagasc is providing specific advice and assistance on how to cope with the consequences of the weather conditions experienced this spring. Staff at all Teagasc offices are available to provide advice to farmers over the phone. Agricultural advisers are equipped and ready to outline the options open to farmers facing difficulties and to make plans which best suit their situations. Teagasc has also made extensive use of national and local media to provide farmers with advice and has co-ordinated with farm organisations, marts, local authorities, co-ops and other suppliers to provide targeted advice to all who need it. Advice for farmers on coping with fodder shortages has also been published, including guidelines to dairy and drystock farmers with little or no grass on feeding this spring. The Minister takes this opportunity to thank Teagasc for its efforts to date and asks that these be intensified in the coming days until the problems being experienced are alleviated by grass growth.

The Minister also notes that farm bodies have urged farmers to assess whether they have surplus fodder in stock and whether they are in a position to make some available to others in difficulty. These efforts are to be commended and the Minister echoes the call for those in need of assistance to be supported and urges people who have fodder to spare to be proactive in making it available to neighbouring farmers who are encountering severe problems. This is an occasion when solidarity is needed among the farming community. It is also the case that farmers have increased the usage of concentrates to fill the fodder gap. While addressing the fodder issue, in some cases this has resulted in problems with cashflow and access to working capital on farms. In response to farmers' concerns in this regard, the Minister has already written to the banks and will meet them shortly to highlight the extreme challenges facing farmers as a result of the weather. At that point, he will urge them to take a flexible approach to dealing with short-term credit issues. He will also write to the grain and feed merchants to urge them to be flexible during this difficult period.

It is important that financial institutions take into consideration the fact that while the current difficulties may cause cashflow pressures for farmers, the overall outlook for the sector is favourable. Commodity prices are very strong and the positive expectations for dairy, beef and lamb prices mean that farmers should see improved market return for their produce this year. The Minister would also ask that co-ops and others operating in the agrifood sector be sensitive to the particular difficulties being experienced by farmer suppliers this spring. The Minister recently announced an extension, to 15 May 2013, for the closing off of the traditional hay meadow measure in the agri-environment options scheme. He has allowed a deferral of one month to the closing-off date and this will help to maximise grass utilisation in the critical recovery period as the weather improves and grass growth resumes.

There is no doubt that the availability of forage on farms presents an ongoing challenge. The Minister has great confidence, however, in the resilience and ingenuity of the Irish farming community. The improvement in soil temperatures during the past week is very welcome and should see a return to more normal growth rates for grass and crops alike. This, together with relatively positive market conditions, should see a significant improvement in the situation in the coming weeks.

Deputy Michael Healy-Rae

It is easy knowing who lives in the sunny south east.

Deputy Éamon Ó Cuív

I am devastated-----

Deputy Michael Healy-Rae

It is shocking.

Deputy Éamon Ó Cuív

-----by the Minister of State's answer. Is the Minister living in the real world? There is an old saying - mair an capall agus gheobhair féar, or live horse and get grass. The Minister seems to be telling the farmers of Ireland to go to everyone else, but not to bother him. Go to Teagasc, the banks or-----

Deputy Michael Healy-Rae

The creamery.

Deputy Éamon Ó Cuív

-----the creamery. However, those bodies do not have credit to give. The Minister has €1 billion in his budget. Putting €10 million aside to help the most needy cases represents just 1%. He has €244 million for administration. He could take €2 million out of it and €8 million of out the remaining €700 million or so for programmes. It would not even constitute a margin of error. He could do something immediately. The Minister of State should remember-----

Acting Chairman (Deputy Ann Phelan)

I must ask the Deputy to conclude.

Deputy Éamon Ó Cuív

-----that animals need food, which costs money. Advice is not money and will not feed cattle. Will the Minister of State tell the Minister that all sides of the House are begging him to put money up front to resolve this crisis?

Deputy Michael Moynihan

I am shocked by the reply. With due respect, the farmers who are in trouble have the best track records in animal husbandry. Check their records. Since the deluges started in June or July, they have followed through on the advice given to them. They have attended Teagasc offices. To be fair to the officials there and to the agricultural advisers across the country, they have integrated, but it was well past the time for advice three weeks ago. The weather will present further difficulties next weekend.

Perhaps I live in the part of the country that is the worst affected, but I am inundated with people discussing this matter. I have tried to assist them in every way. An urgent response is necessary, but there was no sense in the Minister of State's reply that the Government is serious. There must be a response today, not tomorrow.

Deputy Jim Daly

This is a serious issue. Listening to animals roaring with hunger is distressing for farmers who have devoted their lives to caring for them. The House cannot underestimate the crisis. I reiterate my plea to the Minister of State and join with my colleagues across the floor. I cannot quantify the number nationally, but some farmers are in dire straits and need help. Will the Minister of State consider establishing a hardship fund? There is time, as the full extent of the crisis will not become evident for some time. Credit bills are mounting and must be addressed.

Acting Chairman (Deputy Ann Phelan)

I must ask the Deputy to conclude.

Deputy Jim Daly

The Government can play a role in helping.

Deputy Michael Healy-Rae

This is the worst piece of rubbish of a reply ever presented in the Chamber. It is a disgrace. To refer to the resilience and ingenuity of the farming community-----

Acting Chairman (Deputy Ann Phelan)

Deputy, please do not. I indulged the Deputy and allowed him one minute.

Deputy Michael Healy-Rae

I thank the Acting Chairman, but what does the Minister expect farmers to do? It is no wonder that he is not present.

Acting Chairman (Deputy Ann Phelan)

I ask the Minister of State to reply. He has two minutes. He need not worry about my indulgence, but I will need to explain the matter to the Ceann Comhairle if we go over time.

Deputy Sean Sherlock

I take the Acting Chairman's point, but my understanding is that, with due respect to the Chair, three speakers indicated under the rules of the House and four speakers were granted time. If it is my fault that the time allocation has been impacted upon, I apologise and stand corrected.

Acting Chairman (Deputy Ann Phelan)

I take the Minister of State's important point.

Deputy Sean Sherlock

No Deputy does not acknowledge the problems facing farmers, particularly those in rural and disadvantaged areas. Some of the prescribed solutions border on blind rhetoric. Fair enough, as that is part and parcel of what we are about in the House. However, that a former Cabinet Minister claims that €10 million should be made available from administration and other sources within the Department leads me to the conclusion that-----

Deputy Michael Healy-Rae

It is a perfectly sensible proposal.

Acting Chairman (Deputy Ann Phelan)

Please, Deputy. Allow the Minister of State.

Deputy Sean Sherlock

-----it should be taken from other schemes.

Deputy Éamon Ó Cuív

If necessary. That is what I would have done.

Acting Chairman (Deputy Ann Phelan)

Please allow the Minister of State to reply.

Deputy Sean Sherlock

If that is the case, the Deputy should prescribe from which schemes and farmers the money would be taken.

Deputy Éamon Ó Cuív

I will. I suggest that the Minister attend the Chamber.

Deputy Sean Sherlock

This is a difficult situation. Some reasonable interventions were made about the potential development of a hardship fund. In that sense, I will convey the Deputies' concerns to the Minister.

Health and Safety Regulations

Deputy Ciara Conway

I have discussed this matter with the Minister of State previously. It is of particular concern to parents of young children and was recently covered by RTE's "The Consumer Show". Liquid detergent tablets are fairly innocuous household products that many of the Deputies present are familiar with and have bought and used. They are growing in popularity because they are handy, compact, mess free and brightly coloured, wherein lies the problem. Unfortunately, their design and size makes them irresistible to toddlers. While the liquid inside the tablets may be effective at cleaning clothes, it is incredibly harmful and has been the cause of a significant number of severe eye injuries among young children.

Several brands contain alcohol. Combined with other ingredients, this can destroy the tissue of the cornea. There are instances of up to 80% of corneas being burned off by the liquid. However, these products are only labelled as irritants and, as such, do not warrant or attract the level of concern that is necessary. This is a technicality, as the damaged tissue can regenerate within 21 days. However, doctors have pointed out that a child will be in extreme pain or discomfort during that period. A child burned by the chemical in the liquid detergent tablets could face a lifetime of impaired vision and discomfort. An ophthalmic surgeon from the Temple Street Children's Hospital, Mr. Ian Flitcroft, is so concerned by the dangers of these capsules that he recently co-authored a letter to the Lancet medical journal calling for the introduction of child-proof containers for these products. As parents know, it is difficult to keep an eye on a child at all times. Since the tablets are so attractive to children, Mr. Flitcroft believes that these products should be labelled as unsuitable for homes with young children.

A simple label on which is written "Irritant" does not convey the level of risk posed by these tablets to young children. Alarmingly, the National Poisons Information Centre of Ireland received 144 inquiries from parents in 2011 regarding incidents involving detergent tablets. This makes them the most common source of poisoning. We must address this high figure.

Having been approached by "The Consumer Show", I must admit to being shocked, as the Minister of State would be, by the severity and scale of the problem. Some of the manufacturers have stated that they will improve labelling and packaging, but this might not go far enough. The Irish Cosmetics, Detergent and Allied Products Association, ICDA, has promised changes in packaging and-or the tablets in response to growing concerns via a stewardship programme. However, we must go further. As legislators, what can we do?

Could the Department step in and ask for a change in the labelling on this packaging in view of the high number of incidents and the fact that it is currently the number one cause of household poisoning in the country?

Deputy Sean Sherlock

I thank the Deputy for raising the matter. I have a technical response on children ingesting detergent "liquitabs" and I will outline it with your indulgence, Acting Chairman.

Acting Chairman (Deputy Ann Phelan)

My indulgence was not appreciated on the previous occasion on this side.

Deputy Sean Sherlock

Okay. I take the point. I understand that the National Poisons Information Centre was in contact with the Health and Safety Authority, HSA, as the competent authority for detergent regulations last August to September, as it was concerned about the number of incidents reported - as highlighted by the Deputy - involving children and liquid detergent tablets. More than 50% of the inquiries to the poison centre's helpline related to incidents with "liquitabs" involving children, with the majority being between one to three years old.

These products are small, with a soft texture which means they are easy for children to pick up and squeeze or put into their mouths. I am stating the obvious. The National Poisons Information Centre was also aware of a report in the media in 2012 from Scotland, reporting five children, all under the age of two, who were admitted to hospital over an 18 month period as emergencies with stridor - or an abnormal breathing sound indicative of a blockage in the throat - and drooling after biting into a liquid detergent capsule. As a result of that and information from the UK, treatment guidelines now advise that "children aged under five years who are asymptomatic but have been exposed to this product within the last two hours should be referred for medical assessment". Therefore, it is essential that parents and guardians contact the National Poisons Information Centre for advice if their child ingests a "liquitab".

In response, the HSA met with the National Poisons Information Centre and with the manufacturing companies who are placing these products on the Irish market to discuss the issues arising. The HSA also brought the matter to the attention of the EU Commission and colleague EU member states. In response to its engagement with industry on the issue, all of those companies that place the products on the market in Ireland signed up to the voluntary product stewardship programme in December 2012, which involves commitments to change the packaging to reduce the visibility of the capsules and to restrict access to the capsules by small children. The programme also covers product information and communications about keeping these products out of the reach of children, as well as an awareness campaign designed to keep such products - along with household chemicals - out of the reach of children. The campaign is being prepared by the National Poisons Information Centre with the engagement of industry. All product packaging changes should be in place by June 2013. The HSA and the National Poisons Information Centre continue to monitor and review the progress of the product stewardship plan on an ongoing basis.

As recently as last month, the HSA met with the IBEC industry representatives and was updated on proposals in hand with the National Poisons Information Centre concerning awareness plans for the products, along with progress on changes to product packaging. Last November, the HSA formally raised the matter at EU level. In particular, the HSA sought to explore the possibility of taking action under the EU detergents regulation or the EU dangerous preparations directive as a means of addressing the current issue. The EU Commission's considered view was that if EU measures were considered necessary, the provisions of the general product safety directive could be used for immediate action and for long-term measures and what is known as a "restriction" proposal under the EU REACH regulation could be examined. The Commission has indicated, however, that while further discussion would be required with member states to determine the most appropriate measure, it would prefer to await the outcome of the voluntary action being undertaken by industry. I am close to the end of the response.

AISE - the EU industry representative organisation for the sector - explained that the capsules have been developed to meet "sustainability" challenges and consumer requests for "easy to use" detergents. One might say that could be deemed as a typical industry response. It also outlined the actions already put in place or ongoing by practically all individual companies concerned and presented proposals for further future actions, including specific labelling and warning icons on the packaging and awareness raising campaigns. I have a few more points to make but in recognition of the amount of time available I will conclude now and respond following Deputy Conway's supplementary questions.

Deputy Ciara Conway

I am pleased to hear the HSA has taken the matter seriously because it accounts for such a high number of household poisonings, in particular affecting young children. The answer I received could be broken down into two points. The first is the commendable measures the HSA and the National Poisons Information Centre are taking in partnership with industry. We will wait until June to see what measures are agreed. However, industry-led undertakings in other countries did not lead to child-proofing of products and the status quo prevails.

I am pleased to hear about the backing of EU regulation if industry-led measures do not go far enough. We must seriously examine the situation in June. The fact that we are speaking about the matter in the House allows us an opportunity to flag it with parents. Given that the product is only labelled as an irritant and it is considered to be an innocuous product with which we wash our clothes, people do not have the same sense of urgency about keeping it out of the reach of young children as they would perhaps with other household products such as bleach, which automatically rings alarm bells with parents. We must keep an eye on progress in the matter.

I am also pleased to hear the HSA and industry will embark on a public awareness campaign in June. However, I am concerned that the measures to be taken will not go far enough because when a similar solution was sought in America, nothing changed there. The issue merits our attention and action in view of the corneal damage that could be done to a child’s eye and the other risks posed by such detergent products.

Deputy Sean Sherlock

Again, I fully acknowledge the points made by the Deputy. It is fair to say – I speak objectively – that the HSA is quite fastidious in terms of how it approaches matters such as this one. The Government is happy to allow the HSA to continue to work with the National Poisons Information Centre to monitor and review progress on the voluntary product stewardship programme. If further measures are necessary there is potential for the backup of potential REACH-type legislation at EU level on the matter. I again thank the Deputy for raising the matter.

Road Safety

Deputy Simon Harris

I very much welcome the opportunity to raise this issue in the Dáil this evening. I thank the Minister for Transport, Tourism and Sport, Deputy Varadkar, for his personal attendance and the Ceann Comhairle for allowing us to raise the issue.

We are only in the fourth month of 2013 and already Wicklow commuters have had to endure traffic chaos and road closures on the N11-M11 owing to flooding problems. In fact, parts of this major national roadway have been closed for periods of hours on two occasions already this year. People have had enough. At this stage they are extremely frustrated at the lack of answers and buck passing from one agency or local authority to another. We even saw an example of that from the National Roads Authority on the national airwaves after the most recent flooding.

This is a major road. We are not talking about a small back road that experiences a minor flooding problem. This is a major artery of national infrastructure. The road leads to the capital city in one direction and allows hauliers to travel to Rosslare Port in the other direction. It is an essential route on an almost daily basis for thousands of people commuting to work and going about their business. Equally, in terms of attracting investment into County Wicklow, we cannot afford to have flooding difficulties remain without a solution. Legitimate questions are now being asked by commuters and residents as to whether it is an engineering problem and if there is a design flaw in part of the roadway or whether it is simply a case of a lack of proper maintenance. Whether it is an issue for Wicklow County Council, Dún Laoghaire-Rathdown County Council, the NRA, or all three, at this stage we need someone to bang heads together and to co-ordinate an approach.

I ask the Minister to bring the various agencies together and ensure that a review, from both an engineering and maintenance perspective, is carried out as soon as possible.

This is not just a County Wicklow issue but is very much a national issue, concerning a road that leads to our capital city. The N11 is a road upon which we are heavily dependent. It is one of the major roadways in the country and the fact that it has been closed twice already this year, due to flooding, is ludicrous.

Deputy Andrew Doyle

I welcome the fact that the Minister for Transport, Tourism and Sport is in the House to respond to the issue raised by Deputy Harris and myself. As Deputy Harris has said, this is the second time this year the N11 has flooded, causing chaos on the road. The problem arose at the point where the M50 meets the N11. This is a major route, classified as a Euro route, E01, running to the ports, and on the north side joining the M1. This is the major beltway around the country. If such a flooding incident was repeated on the M1 junction with the M50 near the airport, there would be an immediate response to deal with it. It would not be tolerated.

Deputy Harris and I are calling for an engineering and maintenance review of this road. I believe there is something fundamentally flawed here because the site in question seems to be in no-man's land. I note that the director of services in Wicklow County Council briefed members yesterday about a multi-agency meeting that took place, involving ten agencies in total, on 9 April at the offices of Dún Laoghaire Rathdown County Council. Three issues were discussed, namely, a review of communications, an evaluation of incident roles and responsibilities and flood mitigation measures. The first two are essentially fire brigade or crisis management issues but the third one is about dealing with the problem. We must prioritise dealing with this issue because we can have all of the communications, diversion co-ordination and so forth that we like, including diverting traffic through Bray and causing major traffic problems there, but until we deal with the cause of the problem, we will get nowhere.

It is a simple matter in my opinion, as someone who knows a little about this, of drainage. We must be able to get the water off the road quickly when there is major precipitation. That must be addressed as soon as possible. The responsibility must be given to the National Roads Authority, NRA, or one of the local authorities to carry out the necessary works. I note that a consultative company has been engaged to carry out a study and report back by June of this year, but we need immediate action.

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

I thank Deputies Harris and Doyle for raising this issue, which I know is of great concern to the people of Wicklow. The House will by now be familiar with the preamble to debates concerning our national roads network and any plans regarding their future development, but here it is again. I am not passing the buck here but am simply explaining the legal position. As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding relating to the national roads programme. The planning, design and implementation of individual road projects is a matter for the National Roads Authority, NRA under the Roads Acts 1993 to 2007, in conjunction with the local authorities concerned.

The NRA has a budget of €318 million for improvement and maintenance works on the national roads network in 2013. Given the current financial position, the priority has to be given to maintenance and repair of roads, and this will remain the position in the coming years. The statutory position is that, within the capital and current budgets set by my Department, the NRA and local authorities, in their capacity as road authorities, are responsible for overseeing the operation of the national road network, including any engineering reviews or maintenance. In this context, section 13 of the Roads Act specifies that, subject to the functions assigned to the NRA in the legislation, the maintenance and construction of all national and regional roads in a county or city is a function of the council of that county or city and I as Minister have no role in such operational issues.

The M11, like all motorways not the subject of a public private partnership, is maintained by the relevant local authority. The location at Old Connaught is at the very southern end of the Dún Laoghaire-Rathdown County Council area, bordering on County Wicklow. I understand that flooding first occurred early in the morning of Friday, 22 March, due to heavy and persistent overnight rain and as the maintaining authority responsible, Dún Laoghaire-Rathdown County Council engineering and other staff attended the site when they became aware of an issue. Pumps and road sweepers were also on site from an early hour. Personnel present on site on Friday, 22 March, could clearly see that water was running down the side slopes of the motorway cut. Thus, the motorway drainage system had to drain not just the motorway but also run-off from surrounding housing developments and lands, and clearly it was not capable of doing so.

The section of motorway in question did not have a history of flooding until recent times. Some flooding was experienced in late January of this year. Previous intense rainfall events, such as the October 2011 flooding in Dublin, did not result in major flooding of the motorway at this location. Subsequent to the January 2013 flooding, Dún Laoghaire-Rathdown County Council carried out some remedial work in the area.

I understand that investigations into the flooding are under way and are focusing on two questions. First, what was causing run-off onto the motorway from surrounding developments, when previously this does not appear to have been a problem? Second, is there an issue with the performance of the motorway drainage system? I also understand that a CCTV survey of the motorway drainage system is being undertaken and a series of site surveys are under way to assess the condition of the motorway drainage system and to investigate the performance of the local road and land drainage network to the west of the M11. A final report is expected shortly and I look forward to its recommendations being acted upon.

Deputy Simon Harris

I thank the Minister for his comprehensive response and for providing some very useful information for the people of Wicklow. The fact that a CCTV survey is being conducted, along with a number of site visits, with a report expected shortly is both proactive and welcome. As a representative for County Wicklow, I hope to be in this House at some stage in the future obtaining information from the Minister on the timetable for an upgrade of the N11. I am very confident that the upgrade will go ahead but I ask, in that context, that lessons are learned in advance of that work starting. The flooding problems and issues on parts of the roadway should be factored in to the overall upgrade of the road. It is important that when the report is finalised, its recommendations are acted upon and that Dún Laoghaire-Rathdown County Council and the NRA work together on this.

Deputy Andrew Doyle

I also welcome the Minister's response. I referred earlier to the fact that a study is being conducted, with a report expected soon. The CCTV survey of the drainage system should reveal extremely useful information, not least whether there is something impeding the drains. I would have presumed that at the time of their installation, the drainage pipes would have been of a sufficient size to cater for any water flowing from the road itself and from the surrounding hills. The area in question is not excessively hilly. It should be possible to divert water away from the roadway through some mitigation works. I urge the local authorities to take responsibility here. There seems to be an issue here with regard to the location being in no-man's land. I have tried a number of times to have a sign for the local hospital, St. Columcille's, erected at this location. I have been pushed from one local authority to another and on to the NRA when I asked for a sign to be erected at the exit which simply says "Ospidéal/ Hospital". This is part of the problem.

Deputy Leo Varadkar

I thank the Deputies for raising this issue. Investigations are under way and will be completed shortly. Once we know what the problem is, the matter can be dealt with and whatever necessary works can be programmed and carried out.

Protection of Tenants in Receipt of Rental Supports

Deputy Dessie Ellis

The rent supplement scheme, RSS, and rental accommodation scheme, RAS, are two schemes which, despite their flaws and their large cost to the State, are holding housing at the brink and have been doing so for a number of years. We have never had such a great need for social housing, with figures on waiting lists as high as 98,000 and 124,000 or more in receipt of RSS and RAS payments. Without these schemes, due to the absolute refusal of this Government to provide real, sustainable public housing, we would not simply have a housing crisis but a housing catastrophe. It is for this reason I raise this very serious issue today.

Across the State and especially in Dublin, we are facing a crisis within a crisis. I refer to the problem of landlords who are not paying their mortgages and who, in doing so, are potentially jeopardising the housing of thousands of people. In the last few weeks, I have dealt personally with five families in Dublin who are facing eviction due to the repossession of their rented homes. The lenders want to sell and wash their hands of the properties and, in some cases, are forcing the landlords to evict the families before they take over, even though these families are paying and are up to date with their rent.

I spoke to a mother of two in Drimnagh who is 13 years on the waiting list and afraid to leave her home to speak to somebody in the council offices because she may return to find herself evicted. She is also afraid to sit in her house as she does not know what she will face when the knock comes to the door. Emma is in the rental accommodation scheme, RAS, and Dublin City Council promised her when signing up that she would not be allowed to go homeless. She is now facing that prospect but she should be guaranteed housing, as she was promised under the scheme.

To be fair to Dublin City Council, it wishes to carry out this promise, but how can this be done when social housing is in such short supply and funding is being cut? We need solutions to these problems. My colleague, Councillor Críona Ní Dhálaigh, has told me she believes that in her part of the city there are approximately 50 people in the early stages of what Emma is going through. The big solution is to provide sustainable public housing not endangered by the whims of the market, lenders or profit-driven landlords. The Minister of State knows that as much as I do. The more immediate solution is to force lenders to enter into a code of conduct with tenants, especially those with an assessed social housing need who may be particularly at risk of homelessness in the event of eviction. This should also include a recognition that tenants have paid deposits and made commitments which should be honoured by those in control of a property. Rent supplement and RAS tenants cannot afford to lose deposits and be thrown out on the street.

The Government must have a strategy for dealing with these grave problems and ensuring that people are not left homeless. We cannot pretend this is not happening. As we face increasing rates of repossession from banks and lending institutions, the problem will only become worse if nothing is done.

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

The grounds upon which a tenancy in the private rented residential sector may be legally terminated are dearly set out in the Residential Tenancies Act 2004. The Act provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board. The Act provides for security of tenure and specifies minimum obligations for landlords and tenants under a tenancy. In addition, the Act contains provisions relating to the setting of rent and rent reviews and sets out the procedures and notice periods that must be complied with when terminating a tenancy.

The ongoing development of a stable, well-regulated rented sector is a key goal for this Government and stability of tenure is fundamental to that goal. The legal framework set out in the Act marked a sea change in this regard and the guarantee of secure four-year tenancies, once the initial six-month probationary period has passed, apply regardless of whether the tenant is in receipt of rent supplement, has a tenancy under the Rental Accommodation Scheme or is not in receipt of any assistance from the State.

The maximum duration of a tenancy under the Act is four years, after which a new tenancy must be registered with the board. Where a tenant has been in occupation of a dwelling for a continuous period of six months and no notice of termination has been served in respect of the tenancy before the expiry of the period of six months, the tenancy continues in being for the remainder of the four-year period, and this is referred to in the Act as a Part 4 tenancy. A landlord may not serve a notice of termination on such a tenant except in very clearly defined circumstances, such as a failure by the tenant to comply with his or her obligations regarding the tenancy, where the landlord intends to sell the property within three months after the termination of the tenancy or where the landlord requires the dwelling for his or her own occupation or for that of a family member.

The Rental Accommodation Scheme, RAS, is an initiative announced by the Government in July 2004 to cater for the accommodation needs of persons in receipt of rent supplement, normally for more than 18 months and who were assessed as having a long-term housing need. One of the main features of the scheme is that local authorities in sourcing accommodation for these households make use of the private sector and enter into contractual arrangements to secure medium to long-term availability of rented accommodation. A residential tenancy agreement is entered into by all three parties, and as with other arrangements, the tenancy is governed by the Residential Tenancies Act 2004. Notwithstanding this, as RAS is deemed to be a social housing support, the local authority retains the responsibility to source further accommodation for a RAS household should the dwelling in which the household is living become unavailable through no fault of the tenants.

Deputy Dessie Ellis

This is precisely the problem we are facing. Many banks are seeking repossessions, with landlords beginning to hand over property. There is no way I can see where we can fulfil an obligation to get a new place for anybody under RAS very quickly, as there will be a lack of properties. Some figures have been released to Dublin city councillors indicating that the RAS cost €1 million more than is given to fund the scheme. Will the Minister of State confirm if that is true and is that the case in other local authorities? What happens if RAS properties cannot be found? Can banks, like Ulster Bank, be requested to keep tenants in situ, and can a code of conduct be put in place?

I spoke to people in Ulster Bank about two very serious cases I know about, with one involving a sheriff. A landlord has been served notice to vacate the premises, with Ulster Bank in turn informing the tenants and giving them the obligatory 130 days to vacate the premises. The problem is where will the people go. They have paid rent but they will now have to return to the local authority. Ulster Bank's argument is that a sheriff's notice has been served and vacant possession is required. The bank will not even speak to the tenants, despite every penny in rent having been paid. With the second case a landlord wants a family to vacate premises with 28 days notice. Ulster Bank has indicated that if a receiver is appointed, it can negotiate with the tenants. The bank cannot negotiate where the sheriff has been appointed.

It is outrageous and we should be trying to keep people in situ when they pay their way. The banks should talk to people and try to find every mechanism to deal with the issues. Families use local amenities, including schools, and we should try to keep people in their local areas. It is a major problem coming down the road.

Deputy Jan O'Sullivan

I thank Deputy Ellis as this is a real issue. I met representatives of the Irish Banking Federation recently because I was concerned about the role of receivers, in particular, and the federation has agreed to draft a rights document for tenants to ensure they know their rights in this context. It is important that the rights of tenants are maintained in these difficult circumstances, and I referred to how they are contained in statute.

I intend to accelerate the construction programme as soon as possible. We are in very difficult economic circumstances and budgets have been cut significantly, not just in the few years since I took this job but in the years before that as well. We need to begin constructing public housing as soon as possible, and I intend to do so when we can ensure funding exists for it. In the mean time we must use whatever mechanisms we have to protect the rights of tenants and ensure we use the supply of housing in the private sector, either through RAS or rent supplement. We have plans to bring the process under the remit of local authorities in the near future.

It is a difficult issue, particularly in cities like Dublin, which has supply concerns. I stress again that tenants have rights outlined in legislation and we want to ensure those rights can be protected. If people need information we are happy to supply it.