Topical Issue Debate

Inland Waterways Maintenance

Deputy James Bannon

I welcome the Minister, Deputy Pat Rabbitte, to discuss this important issue, the urgent need to establish a River Shannon authority as a management structure for the river. In recent weeks Members have seen the devastating effects of flooding and storm damage on householders, farmers and business owners, as well as on people's livelihoods, in many parts of the country, particularly the midlands and the River Shannon catchment area of Longford-Westmeath. Many people in the River Shannon region suffered severe hardship as result of recent flooding which was a recurrence of the November 2009 floods. I sympathise with those affected. In 2010 the then Oireachtas joint committee, after consultation with the various agencies involved, prepared and presented a report on the severe weather events to a number of agencies, including the Office of Public Works, OPW, the Minister's Department and the local authorities. It was felt by the majority at the time that, if implemented, it would ensure future severe weather events would be managed at least partially. During the years most flooding events on the River Shannon have been followed by a report which, in turn, has been followed by little or no action. I had reservations about the last report, as a River Shannon authority was once again sidelined by the Government of the day. Having raised the matter of the establishment of a River Shannon authority several times in both the Seanad and the Dáil during the years, I was disgusted at the response from the then Minister which contained the same old standard speak regarding the co-ordination of flood risk management with the OPW as lead agency and embarking on the development of a catchment flood risk assessment and management plan for the River Shannon. I have heard it all before.

Were my proposal for a River Shannon authority to be put in place by statute, it would have overall control of river management and development in the River Shannon catchment area from the source of the river to the Shannon Estuary. Such an authority would have control of putting in place a flood alert system as part of a national system to increase awareness of potential river flooding. It could alleviate flooding in the Shannon basin in both urban and rural areas by the co-ordination of water levels on the entire river right through the year. It would be the tool with which the 40-plus State agencies and voluntary bodies would work to co-ordinate their activities. The onus is on the Government to act, to put in place this River Shannon authority and bring forward real and substantive plans to manage the River Shannon and prevent serious flooding in the Shannon region like that experienced in Athlone, County Westmeath and Clondra, Lanesborough and Clonmacart, County Longford.

There is a genuine fear, should the proposed abstraction of water from the River Shannon by Irish Water go ahead, that it would have a detrimental effect on tourism in the midlands, as well as on the water supply for group schemes in Longford, Westmeath and other counties. I do not wish to see the River Inny as a casualty, as it supplies water to one third of counties Longford and Westmeath. It is important, before any project commences or water is drawn, that water levels be agreed to by such an authority now that the local authorities will not have authority in this regard. It is important, from the point of view of the public in the midlands, that the drawing of water be measured on the lake or reservoir and a charge be levied on Dublin for every 100,000 Iitres of water drawn. Such moneys could be used for projects outside Government resources, for the benefit of the midlands. The existence of a River Shannon authority would mean the drawing of water could be monitored and administered from the midlands only. There is no structure to ensure the co-ordination of the activities of the bodies involved. A River Shannon authority would provide such a structure.

I am not leaving this proposal here and intend to pursue it again, as its delivery is essential. This is the umpteenth time householders, farmers and business owners in the counties adjoining the River Shannon have faced immeasurable hardship owing to flooding. I reiterate my belief that were this proposal to be taken on board and implemented, it would minimise flooding and allow the natural function of the river basin to develop. This is an issue about which I feel strongly and this authority has long been promised. Its delivery is now essential.

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

I thank the Deputy Bannon for raising this matter. On behalf of my colleague, the Minister of State with responsibility for the Office of Public Works, Deputy Brian Hayes, who is absent on business, I welcome the opportunity to address the House on the subject of the management structure of the River Shannon.

At the outset, it would be useful to outline briefly the position regarding the responsibilities and involvement of different agencies with the Shannon. There are many organisations, national and local, with statutory obligations for the management of the catchment area. For example, Waterways Ireland, WWI, has responsibility for navigation and, as such, will exercise some limited control over water levels in lakes and river stretches. The Electricity Supply Board, ESB, has statutory responsibility for the control of lake levels arising from water requirements for hydroelectric generation of electricity at Ardnacrusha. Environmental concerns, fisheries matters and tourism or recreational issues are dealt with by the relevant agencies with responsibilities in these matters. Local authorities, ten county councils, in the catchment monitor water quality with the assistance of a number of laboratories and have responsibility for its control.

The Office of Public Works main area of responsibility is for maintenance on those tributaries where capital works have been carried out under the Arterial Drainage Act 1945. The OPW hydrometric service also gathers water level and discharge information at a number of sites on the river. Operational control of water flows and levels on the Shannon is therefore primarily the responsibility of both the ESB and WWI. The ESB has overall statutory responsibility for the management and control of water flows and levels on the Shannon. WWI also has a direct role and function in managing levels on the river. A system of management and control is in place involving co-operation by those two bodies under a detailed set of operational protocols and arrangements for the regulation of water levels on the river. I am advised that it is the bodies' view that this system has worked and is working satisfactorily. The OPW has no direct operational responsibility for the management of water levels on the Shannon. The OPW liaises regularly with the ESB and WWI on the operation of the management protocols.

Given the variety of bodies involved and the disparate functions for which each one is responsible, the formation of a single authority or agency to oversee and co-ordinate management arrangements for the Shannon has been discussed on a number of previous occasions and indeed has been the subject of Private Members' Bills in this House. The question of creating a single authority for the River Shannon is a major policy issue because of the very diverse range of powers, activities and responsibilities that would be affected. These include electricity generation, tourism, infrastructure, water quality, water extraction, waste water disposal, flood risk management and a range of environmental responsibilities.

As Deputy Bannon is aware, the question of the optimum structure or structures to manage the Shannon and its tributaries was the subject of a report in 2002 by a sub-committee of the Joint Committee on Public Enterprise and Transport. It is worth noting that the report indicated that a consensus existed among the numerous groups and bodies involved in the management of the Shannon that, while improvements in the management of the Shannon basin were needed, there was no agreement on the establishment of a new organisation as the best means to achieve this end.

The 2002 report attempted to establish how effectively the present organisational arrangements enabled the Shannon catchment to be managed and what might best be done to improve the process. Two main merits attributed to the present arrangements for the management of the Shannon catchment were identified. They were that functional responsibility is clearly fixed in law and each organisation has a precise remit, knows exactly what it is required to do and has clearly established priorities; and communication and collaboration between the various agencies take place using well established mechanisms, such as committees, working groups and partnerships.

The main weakness identified was a lack of co-ordination among the organisations involved. The sub-committee took the view, however, that it would be undesirable to establish any additional institution unless it could be clearly demonstrated that tangible benefits would flow which could not otherwise be achieved. It noted the danger that an extra organisation might usurp or duplicate existing institutions or else be just a talking shop. The report concluded that the establishment of a new organisation would be something that could be recommended only as a last resort.

Deputy James Bannon

I thank the Minister. At the beginning of his presentation he outlined the problem, namely too many bodies with responsibility. He mentioned the 11 local authorities from Fermanagh down to Clare, the various State agencies and vested interests etc. We need a single body to co-ordinate those agencies. I live in the Shannon valley and I see first hand what is happening. The co-ordination is not working. No Government or Minister could do anything about the severe weather conditions but the monitoring was not up to an acceptable standard, considering the amount of land that was flooded. I have raised this time and time again. It does not cost a lot of money to get the weir gates opened and keep the water levels two feet below the weir wall in Athlone.

On the maintenance of the Shannon and the waters feeding it, debris such as leaves and branches flows down into the river. It is important that those blocks are cleared fairly often between Lough Ree and Lough Derg. There needs to be more local consultation and co-ordination, and flood warning systems and emergency management need to be put in place to alleviate the build-up of silt in the River Shannon. We should examine using the cutaway bogs in Counties Longford, Westmeath, Offaly and Roscommon to drain off and store water from the Shannon when necessary.

As I said, a large number of statutory bodies exercise authority over various aspects of the river management and they are all chiefs in their own right. A number of private organisations are also involved. There is no structure to ensure the co-ordination of those activities.

Acting Chairman (Deputy Ann Phelan)

Thank you, Deputy.

Deputy James Bannon

One would have to be on the ground to see that. These bodies are a law unto themselves and a River Shannon authority would provide such a structure. I am not leaving the matter here. I intend to pursue the establishment of a River Shannon authority through a Private Members' Bill.

Acting Chairman (Deputy Ann Phelan)

I must ask Deputy Bannon to conclude.

Deputy James Bannon

I have been with my colleagues in the Bills Office and hopefully it will come before the House in the not-too-distant future.

Deputy Pat Rabbitte

As Deputy Bannon said, one of the main problems with the Shannon is the frequent flooding. I accept that. The management of flood risk on the Shannon is being actively and comprehensively addressed through the OPW's catchment flood risk assessment and management, CFRAM, programme. The CFRAM programme is the core strategy for addressing flood risk in the Shannon basin. The CFRAM study is being conducted by Jacobs Engineering on behalf of the OPW and I am advised that good progress is being made on the project.

The output of this important project will be an integrated plan involving mapping and modelling of the river system and identifying specific measures to address, in a comprehensive and sustainable way, the significant flood risk factors in the Shannon basin. This will also include looking at all existing arrangements for the management of water levels and the roles and responsibilities of the main bodies involved, including the levels of co-ordination between them. The detailed plan to manage flood risk which will be produced under the CFRAM study will consider and make recommendations on any improvements deemed appropriate and workable in the existing arrangements and protocols being operated by those bodies.

We must wait to see what recommendation emanates from the CFRAM study and plan on the best way forward on the co-ordination of the management arrangements for the Shannon, which is what Deputy Bannon argues for. In the meantime the main bodies involved will continue to maintain constructive dialogue with all the main stakeholders to ensure, to the greatest extent possible, that a balanced and fair approach is taken to the management of water levels in the Shannon and its lakes to meet the needs of navigation, power generation and the welfare of those living directly adjacent to the main river channel.

Alternative Energy Projects

Deputy Brendan Griffin

I thank the Ceann Comhairle for allowing me table this matter on the Shannon LNG project. This proposed project is hugely important for the Ballylongford area of north Kerry, but it also has significant positive and economic implications for the entire south-west region. The proposed project is for a liquified natural gas terminal on the Shannon Estuary, near Ballylongford and it is to be operated by Shannon LNG, which is owned by Hess Corporation, and Poten & Partners, a 50:50 partnership.

Shannon LNG secured planning permission originally in 2008 to build on the 287 acre site at Ballylongford and it was to take four years to complete the project, which would be valued at €600 million. A €400 million power plant was also to be built on the site. This would be a total investment of €1 billion, with the potential for 650 construction jobs and from 50 to 100 permanent jobs. This would be a game changer for the region and we are crying out for such a project.

After years of delay, in 2011 the Commission for Energy Regulation, CER, pointed out that Shannon LNG would have to pay €50 million a year towards the use of interconnecting pipes that bring gas between the United Kingdom and Ireland, despite the fact the company has no plans to use that infrastructure. Bord Gáis is the main user of that infrastructure. On 11 December, the courts found against the appeal made in the judicial review by Shannon LNG against the tariff of €50 million per annum. That decision has completely jeopardised the future of the Shannon LNG project. The company has lost a huge amount of money, losing €51 million last year, which was an increase of €20 million on the previous year's losses. These losses have occurred before anything at all has been done with the project. Incidentally, a few days after the judicial decision on Shannon LNG, the sale of Bord Gáis went through.

Policy should incentivise and enable efficient new entry into the gas market here. It should not preclude new entry. If we want to become the best small country in the world to do business, the experience of Shannon LNG is not one we should hold up as a shining example. The idea of levying on a company €50 million to use infrastructure it does not intend to use is like charging me a levy for the use of the M50 while driving around the Ring of Kerry. This is not a sensible proposal for a project that will cost €1 billion in investment in the south-west region and provide hundreds of much needed jobs.

The Minister told me on numerous occasions, both orally in the Chamber and in writing, that it is not his place to give policy direction in individual cases and I accept that. However, the Minister has within his powers the scope to give general policy direction. That is where he could show some flexibility. I ask him to re-examine this issue and find a way to accommodate this huge investment in jobs and the south-west region. I call on the Minister to propose a plan to deal with this. Has he a plan for bringing this project to fruition and rewarding this company for having faith in Ireland? Has he a plan to ensure that we can hold this project up as an example of how a company can overcome red tape and bureaucracy and do business here? I would appreciate hearing whether the Minister has a plan for that.

Deputy Pat Rabbitte

I thank Deputy Griffin for giving me the opportunity to address the House on this important issue. I have already spoken on the issue in discussion with my ministerial colleague, Deputy Jimmy Deenihan, and with Deputy Arthur Spring, both of whom have consistently engaged with me on this issue.

At the outset, let me underline the Government's positive interest in the potential investment by Shannon LNG. While there is a great deal of misunderstanding of the role of the Minister, I want to express again my personal support in assisting Shannon LNG in any way I can to construct an LNG terminal near Ballylongford, County Kerry. Such a facility, together with the bringing onshore of Corrib gas would provide important security of gas supply for Ireland. It would also create some badly needed jobs in north Kerry. However, the recent High Court judgment sets out very succinctly how the decision is not one for the Minister. Deputy Griffin says the decision of the High Court has jeopardised the project, but it was Shannon LNG which sought the judicial review.

Not all Deputies will be aware of the High Court ruling of 11 December last in regard to the judicial review taken by Shannon LNG against a CER decision of 29 June 2012 in regard to the regulatory treatment of the BGE interconnectors. The regulator's decision was a high level decision which set out the principles of a reformed tariffing regime, a regime not scheduled to come into effect before October 2014. In summary, the court upheld the decision of the regulator in regard to reform of the tariffing regime. The court rejected Shannon LNG's claims that the regulator's decision breached national or EU law, and that the decision of the regulator had effectively amounted to a State aid to Bord Gáis Éireann as the transmission system owner. The matter of an appeal of the High Court judgment is, of course, an issue for consideration by the company.

Decisions on the regulatory treatment of the gas interconnectors and tariffing are statutorily matters for the CER, under the Gas (Interim) (Regulation) Act 2002. Therefore, policy on tariff setting has been settled since 2002 when the responsibility for regulation of the gas market was conferred by law on the regulator. The regulator, as the independent energy regulator, has a remit to protect energy consumers, ensure security of supply and support competitiveness. The independence of the regulator in its decision making is expressly provided for in EU legislation as transposed into Irish law. The CER also has a duty to ensure that new sources of gas for the Irish market do not result in unwarranted increases in the price of gas to business and domestic consumers.

Tariff reform is being driven by new entry into the system, new sources of gas for the Irish market and the regulator's overriding concern that new sources of gas do not result in unwarranted increases in the price of gas. Tariffs are one consideration for gas and LNG investors, and investment decisions are commercial matters for developers taking account of a wide range of considerations, including suitability of location, international energy price trends, LNG price trends, LNG capacity issues, proximity to markets and a regulatory regime that has certainty.

I understand that subject to no appeal by Shannon LNG, the CER will be turning its attention to tariff settlement. In its decision making, the CER will be informed by EU and Irish law, in particular by developments at EU level in regard to framework guidelines on transmission tariffs that will be binding on all member states via network codes.

There is a need for all interested parties to have clarity and regulatory certainty at the earliest opportunity in regard to future pricing. I very much hope for all concerned, including business and residential consumers, that the constructive input of stakeholders will facilitate timely decision making by the CER. Shannon LNG has until 31 January to lodge an appeal and until then, technically, the CER, Department and Shannon LNG are still involved in a live court case. We need to be sensitive to this while they are still reflecting on whether or not to appeal.

Deputy Brendan Griffin

I thank the Minister for his response. I wish to reiterate a point I made at the Sub-Committee on Communications, Energy and Natural Resources prior to Christmas and prior to the decision on the judicial review concerning the Minister's role. I want to focus on the Minister's role in regard to being able to give general policy direction, because through that role he has the flexibility to help accommodate potential new entrants to the market. What, if anything, has the Department done to accommodate this company that wants to invest in Ireland?

Has it done anything to accommodate this huge investment of €1 billion in the south west? It would be an unprecedented investment in the area and the feeling in County Kerry and the region is that the State has not done anything to assist and has only put obstacles in the way. What is also stated in the county is that there would be a public outcry if this amount of red tape was put in the way of a company which wanted to establish in Ireland and invest €1 billion and create 700 jobs in Dublin but because it is in a peripheral area - Kerry - no one cares. That is what is stated in the county. Its people need to hear an answer because that is their feeling. For every potential job that will not be created a young person will leave County Kerry or west Limerick because there are not a lot of other companies queueing up to come to the area. Has the Minister made contact with the parent company or Shannon LNG? Has he made any effort to facilitate it or make the path easier for it? We need to see Departments reaching out to companies throughout the world to bring them to Ireland. We do not need more red tape and bureaucracy.

Deputy Pat Rabbitte

I do not regard County Kerry as peripheral and I assure the Deputy that if Shannon LNG proposed to build a terminal at Ringsend, precisely the same European regulatory framework would be applied.

In terms of my capacity to give a general direction, the Deputy is correct, I can do so, but I cannot give a direction that would aid a particular company. I am in a very unusual position, not because of any action of the Department or any agent of the State or the Government but as a result of the decision by the company to seek a judicial review. A distinguished, now retired, High Court judge weighed up all of the issues which the Deputy advanced. I entirely understand the Deputy's passion in the matter. I have had discussions with local representatives in County Kerry, including the Minister, Deputy Jimmy Deenihan, and Deputy Arthur Spring, and understand the compelling arguments about employment and the desirability of such a facility being built in north Kerry, but a regulatory framework is in place and part of the responsibility of the regulator is to ensure neither consumer nor business is subjected to higher prices as a result of any one operator getting a free ride on the system. If this were to happen in the case before us, it would also happen in the case of the Corrib project which will bring ashore gas in mid-2015 and which has the capacity to meet more than 50% of the needs of the domestic market at peak output.

The principles the Deputy is pursuing were subjected to great examination in the High Court and its judgment is there to be read. I do not believe the people of County Kerry are less able to read a High Court judgment than the people of Dublin and suspect some of those drum beating on Radio Kerry know better because they have been well able to read the judgment which was not brought by me but by the company. It obtained the judgment and has until 31 January to appeal it, after which date I will be available to it at 48 hours notice if it thinks there is any way I can help the plant to be established in Ballylongford. As the Minister with responsibility for energy matters, I certainly want to see the plant not only for the purposes of local employment creation but because of the added string it would give to our bow in terms of energy security and security of supply.

Air Ambulance Service Provision

Deputy Aodhán Ó Ríordáin

I thank the Minister of State, Deputy Alex White, for being present. I express my intense irritation at having to come here to raise a Topical Issue on which I tabled a parliamentary question last week to which I received a one line answer. It is not the best use of my time, that of the Minister of State or the Department to have to draft a memo when such matters could be readily dealt with by furnishing me, an elected representative, with a half-decent answer a little longer than one sentence. I have come to the national Parliament to raise what is effectively a local issue. I would not have to engage in a 12 minute debate in the national Parliament on an issue affecting a housing estate beside a hospital with regard to a helicopter landing site if I had been furnished with a half-decent answer by the Minister, Deputy James Reilly, or the Department, but that is where we are.

Last January Beaumont Hospital made a statement on helicopter landings adjacent to it. It stated the football pitch at Our Lady of Mercy College, Beaumont would be used as a landing pad for the air ambulance service and that the initiative would be trialled over the following 12 months. It stated approximately six landings per year were envisaged, with no increase in the number of patients transferring to the hospital. It also stated the national aeromedical co-ordination centre, NACC, would manage the activation of the helipad and that the control centre dispatched Air Corps and Irish Coast Guard helicopters in support of the ambulance service for emergency calls.

A reply to a parliamentary question from a Government colleague of mine which was more complete than the one with which I was furnished stated the NACC dispatched Air Corps and Irish Coast Guard helicopters for emergencies, as well as for planned and routine aeromedical transfers, which is completely different from the response given by the area manager of Dublin City Council in July 2013 who, in answer to a question tabled by Councillor Andrew Montague, stated the national ambulance service had admitted to two test runs using the grounds earlier this year and that, having proved suitable, the grounds had been used on four occasions since. The expected six uses of the service had happened by halfway through the year. It was confirmed that transfer by helicopter was less desirable than transfer by road and that the helicopter service was used only in life and death situations, which is completely different from what was stated previously about planned and routine transfers. It was also stated the service representatives had accepted planning permission had not been granted to use the sports ground as a helicopter landing pad and would examine their options in this regard. Mr. Liam Duffy, the chief executive of Beaumont Hospital, stated in a communication with a resident that he had raised concerns about safety standards for the helipad. There are various points of views from various agencies, including Dublin City Council, the management of the hospital and those running the service.

I tabled a parliamentary question to the Minister for Health to try to obtain clarification on how long it would be used, whether it would be used forever and whether the hospital had a plan for a permanent helipad. Nobody wants a situation where helicopters cannot be used, but the residents are asking a reasonable question as to how long it is envisaged helicopters will land in their estate. I received a one liner stating it was a HSE problem. The Minister of State knows as well as I do that Deputies can wait months for an answer from the HSE. Part of my frustration is due not only to the fact that the residents are trying to find out reasonable information, but also to the fact that have I had to come to the national Parliament to raise an issue about a small housing estate beside a hospital because the Minister for Health or the Department could not be bothered to give me more than one line. Now the Minister of State will make a four minute speech to flesh out the problem.

If I had been given the text of the Minister of State's reply previously, I could have worked on it and I would not have to spend 12 minutes of my time, the Minister of State's time and the Parliament's time trying to flesh out the problem.

Minister of State at the Department of Health (Deputy Alex White)

I thank the Deputy for raising the issue and for the opportunity to provide reassurance that the national ambulance service has no plans to install a permanent helipad at Beaumont Woods. Aeromedical assistance is provided to the HSE by both the Irish Air Corps and the Coast Guard who aim to ensure the highest level of safety in all aeromedical missions. Both the Air Corps and the Irish Coast Guard require predetermined landing zones. These are suitable landing areas that have been surveyed, and are deemed suitable for safe aeromedical operations.

The predetermined landing zone in Beaumont Hospital is inoperable due to ongoing construction works. In the time available, it was not been possible to identify other suitable landing sites within the hospital complex and, therefore, an alternative site outside, but close to the hospital was required. The national ambulance service aeromedical liaison officer scoped the area and identified the football pitch of Our Lady of Mercy school as a suitable temporary landing site. The board of management of the school granted permission for the use of the site and protocols were agreed and put in place to ensure the safe operation of the landing zone. I am informed that the site is used only in daylight hours and has been surveyed by both the Air Corps and the Coast Guard and found to be safe and appropriate. A secure and locked area is provided, which ensures no unauthorised entry can be gained during an aeromedical mission. The protocol also requires that Santry Garda station be informed of an aircraft arrival.

I have no doubt the House will accept it is vitally important, as the Deputy has acknowledged, that acutely ill patients receive all necessary medical care and are transferred as rapidly as possible to an appropriate facility. The availability of emergency helicopter transfers has been a major step forward for patients. However, I stress that the use of helicopters is not routine. Helicopter transfers are deployed only in exceptional circumstances. I am informed that the Beaumont Woods site has been utilised on 17 occasions in the past year.

While there may be local concern regarding the use of the site in Beaumont Woods, the provision of this particular predetermined landing zone has significantly decreased journey time of seriously ill or injured patients to appropriate care. The current alternative site is Dublin Airport, but that would add 30 minutes to the patient's onwards journey to hospital and, in time-critical patients, this additional time might be crucial to their prognosis.

As I have indicated, this is a temporary arrangement which seeks to ensure the fastest access to treatment for acutely ill patients. Ideally, the helicopter ambulance should land on the hospital complex but, unfortunately, this is not feasible during current construction works.

I acknowledge the Deputy's comments. I was not aware of the history of his inquiries. I agree with him that it is appropriate that he or any Deputy should have an answer given to him or her expeditiously and clearly. I cannot account for conflicts in the different answers given to the Deputy but if he requires further information on foot of the reply I have given, I will ensure that is established for him expeditiously.

Deputy Aodhán Ó Ríordáin

I appreciate the Minister of State's reply but I am sure he will agree that if I had been provided with it in response to a parliamentary question, I would not be in the House now wasting everybody's time. This is a reasonably detailed reply. It indicates that the helipad has been used on 17 occasions in the past year, although it was supposed to have been used only six times. However, that is information about which I was not aware previously and I also have an indication as to the reasons for that. If I had received this in reply to my parliamentary question, I would have been able to work on the issue, talk to residents and find out from HSE management when the helipad on this housing estate will no longer be in use and when the helipad in the hospital complex will be used again.

A one-line reply to parliamentary questions such as the one I tabled shows zero respect for Members and for the people whom we are trying to represent. We are not trying to annoy anybody. I asked a genuine question about an important service that the people of the country need, that the hospital deems important and about which residents have a concern. If I had been furnished with this detailed answer previously, I would not have had to raise it as a Topical Issue. I appreciate the Ceann Comhairle affording me the opportunity to do so and I appreciate the sentiments expressed by the Minister of State. However, there needs to be continuous oversight of the use of this helipad because it emerged out of nowhere and residents and people further afield have concerns about it.

Deputy Alex White

I do not know that there is much more I can add because I am not aware of the history of the various inquiries the Deputy made. If he wishes to obtain additional information, the Minister for Health and I will do everything in our power to ensure he is furnished with it. Information and reassurance are vital in these cases. The provision of a helicopter service, though, is crucial, as the Deputy has acknowledged on a number of occasions. We want to ensure patient safety and to ensure they are transported quickly and safely to hospital. If there is anything with which we can help the Deputy, we will do everything in our power to do so.

Prison Committals

Deputy Éamon Ó Cuív

Margaretta D'Arcy and the late John Arden were long time anti-war campaigners. Their opposition was to the entire concept of war and its terrible consequences for people and not for any nation. For the considerable time I have known her, Margaretta D'Arcy has been involved in anti-war campaigns and, in particular in recent years, the campaign at Shannon Airport. I understand she has been committed to prison for three months for refusing to give an undertaking on what she sees as a matter of principle. However, she is aged 79, frail and she suffers from Parkinson's disease.

Knowing the woman, the sincerity of her beliefs and her frailty, her continuing imprisonment offends human rights and I ask the Minister for Justice and Equality to release her on humanitarian grounds. Her continued detention sends out the wrong signal. She is in prison for, if anything, caring too much for other people and not wanting people to get hurt. As a society, we want to be known for our justice system, which should balance justice with compassion. Many ordinary people would fail to understand why she is in jail while many others who wilfully and knowingly hurt people walk free.

Deputy Clare Daly

Last month, I had the privilege along with Deputy Wallace of appearing as a witness on behalf of Margaretta D'Arcy as she defended her case along with Niall Farrell. The case she conducted as a citizen committed to defending Irish neutrality is supported by the overwhelming majority of citizens and, for the service that this women has selflessly given, she finds herself incarcerated, at almost 80 years of age, in Limerick Prison. I would like the Minister's opinion on this national embarrassment. Letters were published in today's edition of The Guardian calling on the British Government to intervene and to bring some rationality to this scenario. I salute the gesture of Mrs. Higgins, the President's wife, who visited her former colleague. That gesture should be repeated by the Minister and he might make a trip to the prison.

Towards the end of last year, the United Nations Committee Against Torture asked the Government what it was doing about its use of Shannon Airport. People like Margaretta D'Arcy have led the fight. Every month we come to the House and we ask the Minister and his colleague, the Minister for Foreign Affairs and Trade, about the countless number of US aircraft that pass through Shannon Airport.

They are supposed to be unarmed, not carrying explosives or ammunition and not engaged with intelligence gathering but even when aircraft display cannons they are not inspected and are granted permission to continue.

How can the Minister allow a committed peace activist to lie in jail without a single garda being sent to investigate US military aircraft travelling through this State? It is a national scandal. The Minister should be ashamed of himself. If he had an ounce of Margaretta D'Arcy's commitment and humanity, he would direct his State forces to deal with those responsible for violence and murder rather than persecute a diligent and loyal citizen.

Deputy Richard Boyd Barrett

It is deeply ironic that Ministers are expressing concern about events in Ukraine, the Government of which is trying to pass a law to make it a serious offence to engage in peaceful sit down protests at public buildings. This has caused a near revolt. Everybody acknowledges that the actions of the Ukrainian Government, following on from the actions of President Putin's Government in Russia, are actions of a repressive and undemocratic regime and that we must uphold the right to peaceful protest. In this country, however, a 79 year old writer - like the Minister - and activist of conscience who engaged in an act of civil disobedience is languishing in prison even though she is ill with Parkinson's disease. Is that not appalling? Whatever one may think of her views, Margaretta D'Arcy is acting on her conscience on an issue with which a huge number - probably the majority - of people in this country are in agreement, namely, that the airports of a neutral country should not be used to facilitate the CIA programme of illegal torture and kidnap or the transport of military equipment and troops used in the bloody wars in Iraq and Afghanistan. She has a right to protest against that and she should not be imprisoned for doing so. I appeal to the Minister to intervene on humanitarian grounds to direct that Margaretta D'Arcy be released. True to herself, Margaretta has asked us not to worry so much about her but to raise the issue. For the umpteenth time, I ask the Minister to investigate the use of Shannon Airport in the illegal kidnap and torture programme and for the purpose of conducting war.

Deputy Mick Wallace

Since 2001 we have facilitated the transport through Shannon of more than 2.5 million US and NATO troops and their munitions and supplies, primarily to engage in illegal wars based on fabricated evidence which wreaked havoc on societies in Iraq and Afghanistan. Hardly a day goes by in which we do not read about deaths in Iraq, Afghanistan and Libya. We were told these countries were being invaded in order to bring democracy and nation building to them but the bombs dropped on Kabul, Baghdad and Tripoli did not build much. They did not replace what they destroyed and they did not replace the people they killed. Sadly, we have played a part in bringing this about. Margaretta D'Arcy has been put in jail at the age of 79 years for highlighting that war is senseless and stupid. Wars allow a small elite to make a crazy amount of money. The permanent members of the UN Security Council have engaged in a colonial carve-up in order to exploit the planet. This woman is a hero. She has done what this State has lacked the courage to do and undertook great risk to highlight the shameful nature of our efforts to facilitate this destruction and murder. She should be honoured rather than thrown in prison.

Minister for Justice and Equality (Deputy Alan Shatter)

I thank the Deputies who have contributed to this debate. The House will appreciate that the courts are, subject to the Constitution and the law, independent in their functions. They are independent of Members of this House and of the Government. In the context of Deputy Ó Cuív's contribution, I note that when his colleague, Deputy Michael McGrath, was asked about this issue and whether the individual concerned should be released, he stated that it was a matter for the Judiciary and that no politician should interfere in such decisions.

What I can say is that the person referred to was convicted at Ennis District Court last month of endangering lives by entering on the runway at Shannon airport in late 2012. She was sentenced to three months imprisonment which was suspended for two years on condition that she enter into a good behaviour bond and stay away from entering any part of Shannon Airport which is not authorised to the public. Having failed to enter the bond, the sentence was activated by the court and the person was committed to Limerick Prison to serve that sentence. As I have already stated, it would not be appropriate for me to comment on the decision of the court whose function it is to apply the law and to arrive at a decision having heard all the evidence in a case. I would add, however, that it is a matter of regret that the person in question did not avail of the opportunity afforded by the judge to enter into a bond and thus avoid the necessity to serve the sentence which the court felt it appropriate to impose.

While I am not going to comment on the specifics of this case, I have to say that encroaching on an airport runway is a very serious and very dangerous act. It potentially places the lives of those who encroach at risk. It also puts the lives of gardaí, airport workers and airplane passengers in danger. It is a highly irresponsible act and cannot be justified by adherence to any cause. This is not a question of someone being deprived of a right to protest. I respect the right of individuals to protest but I expect those people to respect the rights of others.

There has been ongoing protest action around Shannon Airport for a number of years. These protests have resulted in the expenditure of significant additional moneys by An Garda Síochána in policing the protest around the airport. Between 2004 to the end of 2013, additional Garda costs amounting to over €17.3 million have been incurred in connection with the security operation at Shannon Airport. This is money which could have more usefully been used for normal policing work and for the provision of additional Garda equipment but because of the actions of a very small minority in this country, these valuable resources have to be expended on maintaining law and order, ensuring the effective operation of the airport and the safety of passengers, pilots and other airline staff. I remind the House that Shannon Airport is a designated emergency landing airport and there are regular emergency diversions to it.

As regards her imprisonment, I have been informed by the Irish Prison Service that the individual concerned is currently detained in the female section of Limerick Prison and has access to the full range of services there. It has been reported in the media that she suffers from a number of medical conditions. It would not be appropriate for me to comment on this but I assure the House that she has full access to the range of medical services available in Limerick Prison. She was medically assessed on committal to prison and seen by the prison doctor the next day. She has access to a 24-hour nursing service in prison and access to a doctor daily if requested or on referral by the nursing staff. In addition, any hospital appointment she may have scheduled will be facilitated by prison management.

I have been informed by the Irish Prison Service that the duty governor explained the mechanism of temporary release to the individual concerned on her committal to prison. I understand that she has not applied for temporary release and it would not be right for me to make any further comment on that. I should also say, however, that it is my understanding that she remains unwilling to enter into a good behaviour bond. I am sure the House will agree with me in saying that the rule of law must prevail even where it creates difficult circumstances. Nobody is above the rule of law irrespective of their age. I ask those who call for the individual's immediate release whether this individual by future action on her own or accompanied by others again be permitted again to encroach on a runway.

Is she to be ignored and allowed to do so repetitively? If such further encroachment takes place with a resultant loss of life, would any of the Deputies who spoke take responsibility for such an eventuality? Are they prepared to give a free pass to those who so behave and, by so doing, place lives at risk and the law in disrepute?

I do not believe the individual concerned should be presented in this context in heroic guise or that it is in the public interest that she be so depicted. A court decision has been delivered. I am advised it was not appealed. The signing of the bond to keep the peace would result in the individual's immediate release. I am sure that the House will appreciate that, in the circumstances of this particular case, the resolution of the matter rests entirely with the individual concerned. It is something that I expect a majority of people outside this House would readily understand.

Deputy Éamon Ó Cuív

I will be brief because I am aware of the time constraints.

I am aware of the constitutional separation between the Judiciary and the Executive and this House, but I have a straight question for the Minister. Could he outline to this House in what circumstances has he the right to release somebody from prison on humanitarian grounds? I can remember clearly a case in which one of his predecessors in a Fine Gael-Labour Party coalition, on humanitarian grounds, let out somebody I knew well who was serving a sentence in prison.

The Minister is over-egging it a little if he states that it costs so many million euro for Shannon Airport to be made secure against a frail 79-year-old woman. The Minister knows why she will not sign the bond. She believes that signing that bond is tantamount to saying that the use of Shannon Airport, in her view, for war purposes, is right. We have often seen how people have supported persons of conscience even if they always did not agree with either their tactics or their view on an issue.

Deputy Clare Daly

The Minister will be aware that two years ago Ms Mary Kelly had her conviction for damage to a US naval aircraft overturned in the Court of Criminal Appeal because it was deemed to be a defence of lawful excuse if the action she took was designed to protect herself or others from a bigger danger. That, in essence, is what Ms Margaretta D'Arcy has also done. Her stance is a stance against the greater problem of the slaughter in Iraq and the continued use of Shannon Airport to facilitate drones and other military aircraft. It is quite an insult to people in this State for the Minister to talk about enforcing the rule of law, saying it must be upheld in this case, and talk about this almost-80-year-old woman being a danger to lives while there is no such talk from him about the law being upheld in investigating US military aircraft landing in Ireland and no such talk about the endangering of lives that results. There has been no report to the United Nations Committee Against Torture, which asked the Minister to update it on the investigations he has carried out to ensure that our airports are not being used for purposes for which they should not be, because he has not carried out such investigations, yet the Minister has the neck to condemn this woman. We urge him to see sense and the greater good in this scenario.

Deputy Richard Boyd Barrett

Quite simply - this is what I believe Margaretta D'Arcy would want to convey to the Minister - the Minister would not have to spend €17 million if the Government stopped facilitating the US military machine at Shannon Airport and stopped facilitating CIA aircraft that are involved in the illegal torture and kidnapping of persons.

Margaretta is acting also on the principle of the Nuremburg judgments, with which the Minister may be familiar, arising out of the trials of Nazi war criminals and the obscenities they inflicted on the Jewish people and other innocent victims of Nazi horror, which stated that citizens of any state were obliged to break the laws of their own state if they believed it was preventing a greater crime. It is precisely on that basis that Margaretta D'Arcy has acted.

Is the Minister really saying there is nothing he can do about an elderly 79-year-old woman languishing in prison on the basis of an act of conscience for doing something similar to what Martin Luther King or Mahatma Gandhi would have done? Do we want to be the type of State that would have imprisoned Martin Luther King or Mahatma Gandhi? We are, as long as Margaretta D'Arcy languishes in prison.

Deputy Mick Wallace

There has been much denial about Ireland's role in facilitating the US war machine, but a WikiLeaks revelation from December 2007 showed the US ambassador congratulating the then Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern, on his staunch rejection of the Irish Human Rights Commission's recommendation that the Government inspect aircraft suspected to have been involved in rendition flights. Ahern suggested that the US ambassador personally engage with the Fine Gael leadership to explain the United States position on running extraordinary rendition flights through Shannon. There is little doubt.

The Minister seems to think that because Margaretta D'Arcy did something wrong by encroaching on the runway in Shannon she deserves to be in jail for three months, even at 79 years of age. Does she deserve to be in jail more than George Bush junior or Tony Blair, who lied in order to start a war in which more than a million people have died? Is Margaretta D'Arcy's crime greater than theirs? The Minister and I know that they will not be in jail. Should she be in jail before them?

Deputy Alan Shatter

-----but it is not adding anything to this debate.

Deputy Éamon Ó Cuív

The Minister should answer the question.

Deputy Martin Ferris

The Minister cannot.

An Leas-Cheann Comhairle

Deputy Ó Cuív should resume his seat.

Deputy Éamon Ó Cuív

He cannot and he will not. He enjoys locking up persons of nearly 80 years of age.

An Leas-Cheann Comhairle

The Minister to conclude.

Deputy Alan Shatter

A sad display from a Deputy who is a former Minister in government and whose own political colleague on his front bench categorically disagrees with the approach he is taking-----

Deputy Éamon Ó Cuív

If he does, so what?

Deputy Alan Shatter

-----and went to the media today to say that he did so.

It seems that those Deputies who are speaking on behalf of the individual concerned need to clarify what it is they are advocating.

Deputy Éamon Ó Cuív

Humanitarian release. Will the Minister answer the question?

Deputy Martin Ferris

He will not answer it.

Deputy Alan Shatter

Are they saying that a judgment of a court should not be respected? Are they saying that an individual should be permitted to continue without hindrance activities that would endanger the lives of others? It seems a straightforward resolution is possible, and it is something that the Deputies present who have raised this issue could urge. It is that the individual concerned give the undertaking that is sought.

That would not mean that she could not continue to express her views, it would simply mean that she could not continue to break the law in circumstances giving rise to the potential to endanger others.

While I deeply regret that any individual of this age should find himself or herself in prison, I find it extraordinary that Deputies would condone the activities of individuals entering on to runways-----

Dáil Éireann debate - Tuesday, 21 Jan 2014