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Dáil Éireann debate -
Thursday, 3 Apr 2014

Vol. 836 No. 5

Topical Issue Debate

I understand Deputy Wallace wishes to defer debate on his Topical Issue matter.

Yes, I wish to defer it until next Tuesday when a Minister or Minister of State from the Department of Health will be able to come to the House to deal with it.

Is that agreed? Agreed. The next Topical Issue matter is in the names of Deputies Ann Phelan, Willie Penrose and Jack Wall. Will Deputies Penrose and Wall be taking part in the debate?

Defence Forces Personnel

First, I extend apologies on behalf of my colleagues, Deputies Willie Penrose and Jack Wall, who strongly support my stance and share my concerns in relation to this matter but due to other commitments are unable to be here. I thank the Ceann Comhairle for affording me the opportunity to speak on the very serious issue of compulsory redundancy of enlisted Defence Forces members.

I am aware that negotiations are ongoing between PDFORRA and officials of the conciliation and arbitration section of the Department of Defence. However, time is of the essence in respect of this issue which is causing great distress in my constituency and, in particular, Kilkenny. The compulsory redundancy of enlisted Defence Forces members, which is based on an upper service limit of 21 years, means those recruited into the force in 1994 and post-1994 stand to be discharged on 10 April next year. These troops will be generally in their mid-30s to early 40s and will have high mortgages, loan repayments, child care costs and young families who must be supported. Many of them are already reliant on the State subsidy of family income supplement. Therefore, this is not just an economic matter but a social one. Continuing in employment is vital to them and their families.

Naturally, the renewal of contracts is based on eligibility criteria being met, including fitness and medical standards, with which I agree. As well as meeting the criteria, members must also complete service duty abroad and have reached the rank of sergeant through the completion of the non-commissioned officer course. Owing to the recession and subsequent closure of the barracks in Clonmel, there was an influx of transfers to the barracks in Kilkenny.

This has resulted in a reduction in the number of places available on the NCO course. Most NCO courses have been over-subscribed, which means that, despite having met the other relevant standards, those applying are unable to make the rank of sergeant due to a lack of vacancies. Post-1994 personnel under the rank of sergeant cannot reach their maximum pension, which is 31 years' service, as a consequence. I am not suggesting that such criteria should be deviated from but I am of the view that a degree of flexibility should be shown.

It does not make sense that serving members of the Defence Forces will be discharged after completing 21 years' service, despite having passed all relevant fitness and medical tests. In some instances, these individuals might be qualified technicians. It also does not make sense for pension and redundancy packages to be paid in respect of these people, only for the positions they held to be filled by other members of the Defence Forces. This means that the Department will be paying pensions, redundancy packages and salaries in respect of the positions in question.

Through the training technician scheme, re-enlistment to undergo technician training takes place seven or eight years after someone joins. In addition, 12 years' service may have been delivered by the time a person is fully trained. As a consequence, a fully trained technician will only serve a maximum of nine years. In such circumstances, I fully support PDFORRA's call to have an upper service limit of 50 years for privates and corporals. This would be much more logical and would give rise to much greater dividends. In no other sector of the public service are service periods limited to 21 years. I look forward to the Minister of State's reply.

I thank the Deputy for raising this matter. My colleague, the Minister for Defence, is aware of the interest in the issue and recently spoke on it in the House.

I will commence by outlining the background to the current upper service limits applicable to personnel who enlisted in the Permanent Defence Force, PDF, after 1 January 1994. Due to the robust nature of many military operations and their attendant physical training regimes, personnel are exposed to a unique range of challenging environments. In these circumstances, it is vital that the age and health profile of personnel be such as to ensure that operational capability and effectiveness are not compromised. In 1990, the Gleeson commission commented on the unsatisfactory age and fitness profile of members of the PDF. Thereafter, an in-depth study of the Defence Forces which was compiled by the then Price Waterhouse consultants - who were engaged by the efficiency audit group, EAG - and published in 1994 expressed severe criticism of the age profile of members of the Defence Forces. The EAG's report was accepted by the then Government in 1995. The findings contained in this report reflected the serious concerns which the military authorities had held for a number of years in respect of the age profile of members of the Defence Forces.

The current terms of enlistment for general service recruits arose as a result of the criticisms in the EAG report. One of the key areas identified for urgent action by the EAG was the development of a manpower policy, with an emphasis on lowering the age profile of Permanent Defence Force personnel. In an effort to alleviate the situation, the Government that was in office in 1993 had already decided to enlist personnel on a five-year contract basis, following consultation with Permanent Defence Force Other Ranks Representative Association, PDFORRA. In 1997, agreement was reached with PDFORRA on a new manpower policy for the Defence Forces. This policy, applying to personnel enlisted after 1 January 1994, provided that service for private soldiers would initially be for five years, with the option to be extended to a maximum of 12, subject to meeting standards of medical and physical fitness and conduct. Longer periods of service were envisaged for non-commissioned officers. In 2004, PDFORRA submitted a claim under the conciliation and arbitration scheme for a further review of the terms of service applying to personnel enlisting in the Permanent Defence Force after 1 January 1994. A set of criteria was agreed with PDFORRA to provide longer careers for those who enlisted post-1 January 1994, while continuing to address the Government's objective of having an appropriate age profile to meet the challenges facing a modern military.

The criteria require that any person re-engaging after 12 years' service must be able to continue to operate at his or her current level, both at home and overseas, on an ongoing basis. Re-engagement is subject to the individual soldier meeting specified criteria in regard to physical fitness, medical category, successful completion of military courses of instruction, service overseas and conduct ratings. The maximum service period for these personnel is as follows: enlisted personnel, up to and including the rank of corporal - and equivalent Naval Service rank - may not serve beyond 21 years; enlisted personnel, in the rank of sergeant may be permitted to continue in service up to the age of 50 years; and enlisted personnel in all higher ranks may serve to the age of 56.

I apologise for interrupting but the Minister of State's time is exhausted. I suggest that he deliver the second half of his reply during his next contribution.

I thank the Minister of State for his reply. He referred to enlisted personnel in the rank of sergeant and therein lies the difficulty. As a result of the influx of other people and the imposition of the moratorium, those who need to reach that level have not been able to do so. Many members of the Defence Forces are skilled in particular areas and they simply will not be in a position to transition into areas of civilian employment. They will be forced to avail of jobseeker's benefit for a period of nine months, at the single rate of €188 per week. The overall amount in this regard will be €1.1 million. The cost to the Exchequer of replacing 100 to 120 post-1994 corporals and privates will run to €1.3 million in pension costs per annum and will give rise to a once-off €2.1 million lost in gratuities. It has been calculated that the State would benefit by €20,000 per individual if they remained in service as opposed to being discharged. Apart from the economic impact this will have on these members and their families, we must ask ourselves what will be the social impact.

This matter is causing huge distress. I accept the medical and other criteria being put forward. However, I do not believe it was ever envisaged that men in their mid-30s or very early 40s would be trying to return to the civilian workforce. We are all aware of the difficulties relating to that workforce at present. It is worth pointing out that most of the people to whom I refer have served in Libya, Lebanon and elsewhere. A number of them are currently in Syria and when they return home, they will discover that they are to be discharged next year. There is an element of injustice in the fact that people who have placed their lives at risk for the rest of us might be treated in this way. I understand that negotiations on this matter are ongoing but I want to flag for the Minister of Defence the importance of this issue to me and to the people of Kilkenny.

As the Deputy quite rightly pointed out, negotiations relating to the scheme are in progress. I cannot say anything about those negotiations because they are confidential in nature.

I accept that.

I hope that they will be brought to a satisfactory conclusion. However, I accept the importance of bringing to the attention of the Minister the points the Deputy raised.

As a result of the fact that military life places unique physical and psychological demands on individuals, it is necessary that members of the Permanent Defence Force be physically and mentally prepared to meet the challenges of all military operations and be in a position to undertake their duties when on deployment overseas. It is, therefore, vital that the age and health profile of personnel be such as to ensure that operational capability and effectiveness are not compromised.

As such, to maintain the age profile of the Defence Forces to carry out the operational tasks required by the Government, it is necessary to have a constant input of recruits. The maximum age for personnel who have enlisted in the Permanent Defence Force post 1 January 1994 provides the mechanism through which a satisfactory age profile can be achieved. I hope this helps Deputy Phelan in some way.

Autism Support Services

Yesterday, The Irish Times printed an essay, I Wish, I Wish, I Wish, which a little nine-year-old girl called Rachel from Meath wrote about her brother, Matthew. She said she wished her brother could be healed of autism. April is autism awareness month and I am speaking in the House today to celebrate uniqueness while also raising awareness of the challenges faced by those with the condition. Little Rachel explained that when Matthew was two years of age he was diagnosed with autism, that autism has no cure and that some children with autism can talk, understand and communicate, although Matthew cannot.

The families facing the challenges that come with autism can and must be helped. It is unacceptable to have what is almost a two-year waiting list for the assessment and diagnosis of autistic children. One of my constituents contacted me recently in a distressed state because she was told that since the waiting list was so long she would be sent monthly e-mails about occupational therapy in the meantime. The sending of e-mails instead of therapy provision is simply not good enough.

The National Educational Welfare Board has stated that it is overstrained but so too are these families. Without early diagnosis parents cannot be assured that their child will be able to access appropriate resource hours or special needs support. This results in children being enrolled in schools for September without adequate support. Every parent should look forward to their child's first day in school, whether in preschool or primary school, but this is not the case for parents of children with autism.

With autism, early diagnosis is essential. Autism is a broad spectrum condition and deserves specific attention. This specific attention should start with a standardised approach to early intervention throughout the country. It is time that we considered the variety of teaching and learning methods being employed for children with autism. At the moment the level of intervention can vary from county to county. I support the wider adoption of applied behaviour analysis, ABA, and picture exchange communication system, PECS, treatments, which have proven to be beneficial for certain children with autism. Little Rachel, whose essay appeared in The Irish Times, specifically referred to PECS and how Matthew's teacher has managed to help him communicate through pictures. With improved and standardised early intervention and training we could provide these children with better opportunities in life and save the State money in the long run.

Last week, the Wall Street Journal featured an article on Patrick Brophy illustrating how autism can be turned into a positive. Patrick, who is from the Dún Laoghaire constituency, was hired by the software firm SAP not only because of his qualifications but also because of his autism. The company values people with autism because of their attention to detail and the different perspectives they can bring to work. I congratulate Patrick on his wonderful achievement; he has broken down barriers. Too often, parents can be made to feel that their child's condition is a burden that places a strain on the State. The Autism Bill 2012 prepared the ground for an autism strategy and was a welcome and positive development. I urge for the process to include widespread consultation, especially with the parents of children with autism.

I thank Deputy Mary Mitchell O'Connor for raising this issue as it gives me an opportunity to outline the current position on behalf of my colleague, the Minister for Education and Skills, Deputy Ruairí Quinn. I thank Deputy Mitchell O'Connor for a detailed outline of the problems relating to this important issue.

April has become synonymous with the raising of awareness of autism and provides an opportunity to consider the challenges faced by children with autism and their families. As Deputy Mitchell O'Connor stated, the month also facilitates a celebration of the uniqueness of children and adults with autism. The Deputy will be aware of the Government's commitment to ensuring that all children with special educational needs, including those with autism, can have access to an education appropriate to their needs, preferably in school settings through the primary and post-primary schools network. The Department of Education and Skills provides for a range of placement options and supports for schools which have enrolled pupils with autism to ensure that wherever a child is enrolled he or she will have access to an appropriate education. Children with autism may be enrolled in a mainstream school, attend all mainstream classes and receive additional teaching support through learning supports and resource teachers.

Some children with autism cannot be accommodated in mainstream education and they may be enrolled in special classes or schools where more intensive and supportive interventions are provided. The Department's position is that as each child with autism is unique he or she should have access to a range of different approaches to meet individual needs. As children differ significantly from one another and as their needs vary and change over time it is not possible to impose a method or approach that will work for all children with autism. Children with autism can enroll in an early intervention class from the age of three years. If they are assessed younger then home tuition can be provided from the age of two and a half. The pupil-teacher ratio for special classes for children with autism is 6:1 and each class has a minimum of two special needs assistants. Each year, children with autism can avail of an extended school year to include the month of July. This is commonly referred to as the July provision.

The Department of Education and Skills has put in place a training programme for teachers in autism-specific interventions, which are delivered through the special education support service. Training is provided in a range of interventions, including treatment and education of autistic and related communication-handicapped children, the picture exchange communication system and applied behaviour analysis. Last year, the Minister for Education and Skills called on the National Council for Special Education to prepare policy advice on the education of children with autism. The purpose was to identify the nature and extent of educational interventions, teaching practices and other supports which should be provided to enable children with autism to achieve educational outcomes appropriate to their needs and abilities. The NCSE has recently undertaken a comprehensive consultation process with parents, schools, professional service providers and other stakeholders. The Minister expects to receive this report in early 2015.

I agree with much of what the Minister has said and I realise it sounds like utopia, but actually this is not what is happening in practice. As a former school principal, I can assure the Minister of State that parents are upset when they even think their child has autism. They cannot get a diagnosis or early intervention. I recognise that if the child gets into a special education school or class, he or she will get PECS and ABA treatment. However, I assure the Minister of State that there are many children with autism enrolled in mainstream schools who are not getting such support.

Something that was not mentioned in the Minister of State's answer is speech therapy. It is important for children with autism or Down's syndrome. The Minister should consider having speech therapists working within the school setting. It happens in some special schools. Instead of working for health boards, therapists should be based in schools in order that principals can ensure children get speech therapy.

I wish to raise an issue that relates to the Ministers for Education and Skills and Finance, namely, autism assistance dogs. There is Revenue recognition for blind people with guide dogs, as the dogs are expensive to maintain and sensitive and have special diets. When I submitted a parliamentary question to Revenue, however, the response was that an autism assistance dog was a companion. I have seen at first hand that these dogs transform the lives of children with autism and their families. Revenue and the Minister for Education and Skills should work together to ensure these families get their due.

I do not have details on the guide dogs issue, but I will bring the Deputy's comments to the attention of the relevant Minister and ask that she be furnished with a report.

While education is not my Department, I know from working on the ground that there is a strong argument for speech therapists working within the school system. I will relate the Deputy's worthwhile suggestion to the Minister, Deputy Quinn, who will be receptive to it. The policy advice will be delivered in spring 2015 and will draw upon findings gathered from an extensive consultation process that has commenced. I urge everyone to make submissions to that process. The Deputy's experience as a former teacher should be fed into the report. The Minister would encourage all interested parties, including the Deputy, to contribute to the consultation process. He expects that the National Council for Special Education's final report will reflect the broadest possible range of views and, importantly, provide recommendations that will assist in the development of policies for years to come. We await that report, but I will relate the other two issues to the Minister.

Flood Prevention Measures

A coastal walkway will help to prevent flooding in Dundalk and Blackrock while bringing immense benefits to tourism and all facets of recreation and addressing the obesity epidemic. As a member of the Oireachtas Committee on Health and Children and rapporteur on the issue of obesity, I feel obliged to remind the House that, while we are making appreciable inroads in the task of stabilising some health problems such as our drink culture and smoking, one of our principal health problems - obesity - is growing at an alarming rate.

As a member of the Committee on Health and Children, I am more exposed on a daily basis to the health and financial timebomb that the growing level of obesity in our population, particularly the youth population, represents. I urge all Deputies to become more aware at their local levels of this ticking bomb and to be more proactive in trying to initiate, in conjunction with their local authority members and managements, local policies, strategies and projects to address this burgeoning problem.

By way of example, in my town of Dundalk I have taken an initiative to catalyse our local council into action so as to provide an extension of our local Slí na Sláinte network. A group of committed local environmental activists recently brought to my attention the fact that our only existing riverside walk, which is just under 2 km in length, could easily be extended to link with an existing heavily overgrown earthen embankment that runs along the high water mark of Dundalk Bay for some 4 km from Dundalk to Blackrock. Although this earthen embankment was built almost three centuries ago, it has lasted - almost completely unmaintained - right up to the present. However, it is suffering the ravages of time and tide and, because it provides protection from tidal flooding to more than 3,500 homes and business premises, we must act urgently and decisively to enhance its flood risk mitigation capacity.

Obviously, my primary interest in connecting our Navy Bank walk to our Dundalk-Blackrock embankment is the Slí na Sláinte potential of the 6 km walkway-cycleway that would be created by joining the embankments and servicing and upgrading them. However, the additional flood risk mitigation for 3,500 homes and business premises that would be secured by the implementation of this strategy is even more important.

The initiative I have taken in co-operation with community volunteers, acting pursuant to the provisions of sections 66 and 67 of the Local Government Act 2001 and in joint venture with Dundalk Town Council and Louth County Council, seeks to provide protection for the Dundalk southern inter-tidal marshland and mud flat area of the EU-designated Dundalk Bay special protection area, SPA, Natura 2000 site, which is an internationally significant feeding and roosting habitat for indigenous and migratory water fowl and other birds. An equally important objective of my initiative is to enhance significantly the flood risk mitigation capacity of the existing Lord Limerick earthen embankment.

The third element of the proposal is to add the long aspired to Dundalk-Blackrock coastal walkway-cycleway Slí na Sláinte to the recreational tourism amenity public infrastructure offering of the north east by heightening, strengthening and extending the embankment and equipping it with appropriately sited, heavily camouflaged ornithological observation posts. It is also envisaged that a moat barrier will be constructed to prevent the increasing and undesirable intrusion by dogs, anti-social elements, hunters and so forth onto the salt marshes and mud flats, thereby allaying the concerns that have been identified and enumerated in various expert studies and reports over the past 20 years. This will be done through the implementation of the strategy that has been developed and proposed by the Louth Environmental Group.

On behalf of my colleague, the Minister of State, Deputy Brian Hayes, I thank Deputy Fitzpatrick for raising this matter and I welcome the opportunity to discuss it in the House. The development of coastal amenities such as walkways does not fall within the remit of the Office of Public Works, OPW, but is a matter for the local authority in the first instance and, in so far as central government responsibility is concerned, would probably be more appropriate to the Department of Transport, Tourism and Sport.

I am advised that there is an existing walkway-cycleway from Dundalk to Soldier's Point, but that it has become overgrown and derelict. I also understand a local environmental group has been working on rehabilitating and reinstating the walkway and that it has done excellent work to date. The proposed development of the walkway along this stretch of coast near Dundalk was first examined ten years ago. In order to provide an additional and enhanced amenity, a proposed extension of the walkway-cycleway to the start point of Blackrock was examined by Louth County Council in 2003. This would have involved adapting existing embankments that were created approximately 100 years ago to protect farmland. A preliminary report was produced and discussions took place between the council and the relevant environmental authority on the subject of how the walkway-cycleway could be built in the area, which includes a special area of conservation, SAC, but work was put on hold by the council to await the outcome of the Irish coastal protection strategy study and the subsequent catchment flood risk assessment and management, CFRAM, study, which is examining the main causes of flood risk in the general area.

Dundalk and Blackrock are areas for further assessment under the CFRAM study, that is, areas identified as having significant flood risk and that are being examined in more detail. The OPW has appointed engineering consultants RPS to undertake this study and it is well under way. Under the programme, work on drawing up draft flood maps will be finalised in 2014 and flood risk management plans will be developed by the end of 2015.

The flood management plan for the Dundalk and Blackrock area will include a list of prioritised measures to address the flood risk in those areas. It may well be that strengthening of the existing embankments on which the existing walkway is situated forms part of the solution. However, it is far too early to know this and we must wait to see what the CFRAM study recommends. In any event, the recommended measures in the study will concern themselves only with addressing flood risk. They will not address other ancillary issues such as the placement of walkways on embankments for amenity or recreational purposes. As I said earlier, this is not part of the OPW's responsibilities. If Louth County Council wishes to address this possibility, it will be a matter for the council to pursue it with the relevant agencies.

It is important to point out that a key element of the CFRAM programme is public consultation. Public information days on the draft flood maps will take place during 2014. These events will be advertised in local press and regular updates will be available on the website www.cfram.ie. There will be plenty of opportunities, therefore, for the public and particular interest groups to make comments and suggestions or to raise concerns about flooding in the area over the next number of months.

I thank the Minister for his observations and advice. I will outline some of the benefits to our community which will accrue from the implementation of this proposal. They are multiple and include the following: reducing or eliminating the imminent tidal flood risk danger to several thousand residential and business premises in Dundalk town and its hinterland, particularly those with floor-levels at or below 4 m ODM - 4 metres Ordinance Datum Malin Head; reducing or eliminating the danger to this internationally significant feeding and roosting habitat of migratory and native birds and fowl, which is the beneficiary of the protection which is afforded by the EU designation of the Marsh South section of Dundalk Bay as a Natura 2000 special protection area, from trespass onto the inter-tidal salt marsh by persons who engage in anti-social behaviour, hunters, dogs and so forth; contributing significantly to the implementation of the national anti-obesity strategy; furthering the Slí na Sláinte campaign by the Irish Heart Foundation; endorsing the necessity to continue to strive to secure the alternative transportation objectives which have been the policy of every Government for over 20 years by continuing to extend our growing network of cycle ways and walk ways; recognising the desirability of providing the people of Dundalk and the wider north-east region with access as of right by ownership, instead of by way of tolerated trespass on private property, to the wonderful ambience of this 4 km section of the Dundalk Bay coastline; catalysing the provision of similar public and tourism recreational and flood risk mitigation infrastructure on the northern Castletown River bank, the Flurry Estuary banks, the Dundalk Bay SPA's northern shores and the Dundalk-Greenore railway rail track bed; and addressing the need to continue to enhance and develop our tourism product, particularly for the cycling and walking fraternity which is widely and validly acknowledged as a long-staying, high-spending segment of our tourist profile.

Much work has been done and much progress has been made in tackling flooding problems throughout the country, with almost €370 million invested from 1995. The OPW has approved total funding of €335,558 to Louth County Council under its minor flood mitigation works and coastal protection scheme since 2009. Three projects have been completed in the Dundalk and Blackrock areas at a total cost of €157,320.

For longer-term solutions we must wait for the recommendations that emanate from the CFRAM study and plan. That will be extremely good for the region. I urge Deputy Fitzpatrick to keep in contact with the council. This could be a wonderful project for that area and I would envisage support for it from everybody. It would be good for the area. As the Deputy said, tourism and health could benefit from a project such as this. However, everything in the flood programme must be examined.

The Dáil adjourned at 5.15 p.m. until 2 p.m. on Tuesday, 8 April 2014.
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