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Dáil Éireann debate -
Tuesday, 15 Feb 2022

Vol. 1018 No. 1

Saincheisteanna Tráthúla - Topical Issue Debate

Farm Costs

Farmers are on the cusp of losing farms, due to the financially crippling fertiliser costs, which are burying local farmers in debt, mainly due to crazy, green policies. The average price of fertiliser a year ago was a costly high of €300 per tonne. Today’s prices have skyrocketed, with CAN fertiliser costing Irish farmers more than €600 per tonne and urea costing more than €900 per tonne. Consequently, for a typical, mid-sized farmer feeding 120 tonnes of ration and using 30 tonnes of fertiliser per year, the rise in input costs will add €23,400 in additional costs.

The main driver for increased fertiliser costs in Europe are the record natural gas prices, due to the Government’s agenda to decarbonise electricity generation through over-zealous and half-baked green policies. The EU's policies to protect the Continent’s fertiliser producers by imposing import levies on fertilisers are also having an impact.

Just a few weeks ago at a meeting of the Joint Committee on Agriculture, Food and the Marine, I challenged Mr. Fabien Santini from the European Commission's Directorate-General for Agriculture and Rural Development on the origins of, and response to, the crisis. He stated that each member state government has been given the latitude to provide unique farmer support through a relaxation of the state aid framework. This mechanism is currently only available until 2022. I cannot understand for the life of me why this Government has not used this mechanism, which Mr. Santini told us is available.

I thank the Ceann Comhairle for allowing us to raise this Topical Issue matter. It is a hugely important issue. This is going to affect every man, woman and child in the State. The Minister of State might ask how that is. Farmers cannot buy fertiliser. Thankfully, credit unions are stepping in to give loans because the banks are not lending and the Government is standing idly by. We have been told by the European Commission that member state governments can make decisions to intervene and try to lessen the price. Sweden has dropped the price of fuel back to 2018 levels but here we are rubbing our hands and talking about packages for the Luas and everything else. We have to do something about the cost of fertiliser because it is adding pressures across the board, to the food chain, to the housewife and to mum's purse on a Friday evening. People just cannot afford it. The farmers cannot afford it. A Green Party Deputy welcomed the cost of fertiliser because he said it would stop people using nitrogen and everything else. That is a warped kind of thinking. Farmers, including mixed farmers, dairy men and everything else practise good animal husbandry. They want to have good fresh grass and fresh produce and to be able to produce it at a reasonable cost, which they can pass on in the price of milk and everything else. If this keeps spiralling out of control, the housewife and mum's purse, or the househusband or whoever else, will not be able to afford to live. It is unbelievable.

I raised this issue back in November and it is now the middle of February, which is when farmers need to spread their fertiliser. To take one product alone, urea was €330 a tonne this time last year. Now it is €930 a tonne. That is the gospel truth. Farmers cannot work without getting some bit of a profit. At this rate they will not survive. They will have to pass their costs on to the consumer. People are wondering about inflation and what is causing it. This is one of the causes. I ask the Minister for Agriculture, Food and the Marine to do two things, the first of which is to forego the levy or tariff of €50 a tonne that is being charged on countries outside the EU. Second, I ask that the Government subsidise fertiliser at this point in time. I am serious. It would mean a difference to the housewife and the farmers and everyone if it did that.

I am here on behalf of the Minister, Deputy McConalogue, who is away at the moment. I thank the Deputies for raising this important matter. The very significant rise in fertiliser prices in the last year, and particularly in recent months, is concerning and my Department is closely monitoring the situation. While there are a number of factors at play in the market, there is no sign of fertiliser prices easing in the short to medium term. There are no fertilisers manufactured in Ireland. Rather, fertiliser companies blend a number of imported fertiliser products into different compositions suitable for agricultural use in Ireland. Indigenous fertiliser companies are dependent on global supply and demand and are subject to euro exchange rates against the US dollar and other currencies on the price they pay for fertiliser. The well-publicised rise in gas prices, which is a key input in nitrogen fertiliser production, has contributed significantly to the upward trend in fertiliser prices. Furthermore, an exacerbating factor is the increased demand for fertiliser from large grain-producing countries, which is being fuelled by strong global grain markets. This increased global demand has impacted on supplies and added to upward pressure on prices. The imposition of anti-dumping tariffs from certain third countries is, of course, an additional, albeit secondary, factor when fertiliser is imported into the EU from these producing countries. It is clear that there has been a confluence of issues over the past 12 months or so, all having an upward effect on global fertiliser prices. Energy prices remain well above January 2021 levels and transport costs have also added to price increases.

In October 2021, the Minister for Agriculture, Food and the Marine requested that Teagasc lay out a credible roadmap to assist farmers in the short term, as well as offering a long-term solution in the move to reduce dependence on chemical fertiliser. The Soils, Nutrients and Fertiliser Campaign was launched on 26 January. Teagasc has put together a comprehensive information pack for farmers and their advisers through a compendium of 20 fact sheets, to optimise the use of plant nutrients and to help farmers address the challenge of maintaining-----

Ah, Minister-----

Deputy, please.

-----their farm outputs in the face of rising fertiliser costs and reduced availability. Teagasc is working with farmers through the Soils, Nutrients and Fertiliser campaign to help them adapt to the current fertiliser market and support them to make informed decisions on what is best for their farms. This is a strategy that can ease the price pressure on farmers. It is a strategy that will be good for the environment and good for farmers' pockets.

At the November meeting of the Agriculture and Fisheries Council, the Minister raised the increasing challenge faced by farmers due to the rising costs of inputs. The EU Commission was called upon to consider all options to ease the pressure on farmers at this time, including whether the imposition of anti-dumping duties on fertiliser imports continues to be appropriate and for this matter to be examined as a priority. Following the November meeting, the Minister wrote to the EU Commissioner, Janusz Wojciechowski, requesting that the Commission's assessment of the ongoing appropriateness of anti-dumping duties on fertilisers be completed as a matter of priority. The EU Commission responded on 26 January to say that it is still collecting information to establish the relevant facts.

In addition, a new €1 million initiative by my Department will support the planting of multi-species swards in order to reduce dependence on fertilisers. This scheme will support farmers to use multi-species grass when reseeding. It will mean a mixture of complementary species will be sown, including clover, which will enable farmers to significantly reduce their use of nitrogen. A pilot soil sampling programme has also been introduced by my Department, which will provide farmers with comprehensive details of the soil health and soil condition of their farm. This will provide them with critical information to make farm management decisions on nutrient inputs to the most efficient levels.

With fertiliser prices constituting such a high portion of a farmer's expenditure, we are aware that the impact of continued high fertiliser prices will have a negative effect on farmers' businesses. Ireland, unfortunately, will remain a fertiliser price-taker in this regard.

I thank the Minister of State. She says her Department is closely monitoring the fertiliser crisis. In the name of God, it has been going on for the last seven or eight months and there has been nothing from the Department. Mr. Santini of the EU agriculture committee said that this country can intervene on this matter but the Government has failed to do that. Fianna Fáil, Fine Gael and the Green Party are going to wipe out the farmers of this country. The Government has had an opportunity to help and it has failed. It is extraordinary that this Government has so far failed to use this tool to assist our burdened farmers and mitigate the higher global prices of farm inputs. It is shameful that it has not done so. The Minister of State talked about Teagasc and collecting information. The information is there. The farmers are facing a massive crisis. When they go to their co-ops, they are unable to purchase or pay for the goods. Would the Government kindly intervene, like it had to do previously during the fodder crisis? Can the members of the Government at least take their hands out from underneath themselves and do something for these farmers? I ask the Minister of State to please not stand idly by on the other side of the House and tell us that the Government is thinking about doing something or looking into it.

We did not even get a copy of the Minister of State's reply. This is balderdash and total bunkum. It is also Green Party policy. Talking about growing clover and mixing things is an insult to farmers. The chairman of the agriculture committee is sitting behind the Minister of State. He knows this. The Green Party is codding Fianna Fáil and Fine Gael. It is shocking. It is destroying agriculture, and destroying Ireland for that matter. We will take decades to recover. Credit unions are trying to bail out farmers and give them loans to buy the fertiliser but what will happen then? We talked about the cost of living for two hours earlier. The cost will be added on to the price of food. The Minister of State knows that; she is from a farm herself. The Government needs to cut out the codswallop and codology and intervene. The EU Commission said member states can intervene but the Minister of State stands idly by and rubs her hands and looks as if she cannot do anything. Of course she can but she does not want to because Green Party policy is to destroy the farmers and wipe out the farming communities completely. We are going to have a wasteland like Jurassic Park where people can come on holidays. It is shocking.

I thank the Deputies. I reiterate that the cost of fertilisers has nothing to do with Green Party policies. It is a global price increase because of gas prices.

Senator Hackett is in government.

If the Deputy has been following any of the current affairs, he will be aware of that. Fertiliser is essentially made from gas. If the gas prices go up, the fertiliser price goes up. I cannot be much clear than that.

I asked the Minister of State what the Government is doing.

We have engaged, as I said, with the EU Commissioner on Agriculture. We have requested that they assess one of the aspects in terms of the appropriateness of the anti-dumping duties. We are making inroads into that. We are hoping that the EU Commission will respond with some positive news on that. Certainly, my colleague, the Minister-----

Why do they not do something themselves?

My colleague, the Minister, Deputy McConalogue, has been seeking that as a priority.

Sleepy wrote a letter.

We need them quick.

To destroy farmers.

Not at all. The Deputy is wrong. It is to enable farmers to become sustainable so that their farms are sustainable for future generations. The current model does not work.

We cannot leave farmers at a loose end with no fertiliser. We need to support farmers to adapt to farming practices. Deputy Michael Collins should know. I understand the Deputy is an organic farmer.

I am. I am proud to be organic but the Minister of State is letting down my neighbouring farmers who cannot afford the fertiliser.

The Minister of State does not understand.

Let the Minister of State answer.

The Minister of State is letting down my neighbouring farmers.

No, no. Please let the Minister of State answer.

They cannot afford the fertiliser.

I am quite willing do so but there are real farmers out there who work their farms day and night-----

-----and they cannot afford it.

Please, Deputy.

The Government has banjaxed the farmers.

-----to reduce the volume of fertilisers we use. My Department is working hard to put in place measures-----

The same as the forestry.

The Government is doing nothing. The Minister wrote a letter.

Please, no. Come on, have a bit of manners.

No. If the Deputies actually bothered to listen to my response at the start, they would have heard a number of measures outlined.

They wrote a letter.

We heard nothing.

The Minister wrote a letter.

(Interruptions).

Deputies, please.

A Ceann Comhairle, it is a disaster.

It is very clear that they have done nothing and they will not do anything.

No, please. This carry-on is not serving anyone's interest.

Pigmeat Sector

The pig sector is in crisis and there is a support package urgently needed for the pig sector.

Since mid-2021, pig farms have been under serious pressure. Losses are escalating by the day. There are a number of circumstances. There is a perfect storm there at present for pig farmers. Whether it is Covid disruption, Brexit or the Ukraine dispute, it is all having a severe impact on pig farms.

The first impact of Covid was to reduce the number of staff in processing facilities. In particular, where pig farmers are sending their pigs north of the Border, given a substantial number of our pigs were going north of the Border, they are finding it hard to get these pigs killed. That has had a twin impact in that the pigs are being kept long on the farm and costing more money to feed them, and the carcase weight is increasing as well and the pig makes less money at the end of the day when it is slaughtered. There is also the threat of African swine fever, which now has advanced as far as Germany as it crosses Europe. This is a serious threat to the pig industry as well and is having a negative impact on pricing throughout Europe. The impact of Brexit has been sorely felt by the pig industry. Prior to Brexit, 50% of all our pig produce was going to the UK. It was a lucrative market and those exports have dropped 50% since the Brexit agreement. Our bacon has had to go to less attractive markets, obviously making a poorer price.

Price inflation has impacted significantly on farmers. Grain prices and feed prices have risen dramatically in the past couple of months. Feed has gone up by 24%, energy has risen by 100% and transport costs have risen by 43%.

I was talking to a normal-size pig farmer - a man with 1,000 sows, in the modern concept in this country, is an average-size farmer. Feed per month is costing €32,300 extra; energy, €5,298 extra; and transport, €862 extra.

The price has collapsed. The price, in early 2021, was at €1.90 per kg. Today, that has gone under €1.40, at €1.38 per kg.

Unless this industry gets support, we will have serious losses. We have only 300 pig farmers left in the country. It is a specialised industry, but it is our third most important sector. It is worth €1 billion to the economy.

These farmers are now under considerable financial pressure and a package has to be put in place. Other countries in the EU have stepped in to help their pig farmers and we cannot quote EU state aid rules as being a barrier to this. Poland, France and the Netherlands have stepped in with a temporary state aid framework that allows farmers in these countries to access funding of up to €290,000 per farmer, which is far in excess of the current de minimis state aid ceiling of €25,000. There is a mechanism within EU regulations to help this sector.

At present, it is estimated that pigs are losing on average €35 a head leaving the farm. That farmer I talking about lately said he is losing €8,000 a week. That is an unsustainable situation. Many of these farmers have invested heavily in their infrastructure in recent years to ensure they have a sustainable method of production and that any risk of pollution is removed. This sector, if it does not get help immediately, will not survive.

On behalf of the Minister, Deputy McConalogue, I thank the Deputy for raising this issue. I am certainly happy to bring the following to the attention of the House: the continued development of the pigmeat sector is a priority for my Department, given the pivotal role the industry plays in the national economic context. It is a large agrifood sector and has shown remarkable growth in recent years. The sector supports approximately 8,000 jobs spanning production, slaughter, processing, feed manufacture and services.

Our pig farmers have always been remarkably resilient but my Department is acutely aware of the challenges they are facing. The pigmeat sector across the EU has faced significant challenges in 2021, including the impact of African swine fever in a number of member states and consequential loss of third-country markets. This has had a knock-on effect on supply and price within the Single Market.

The average price paid for pigs in Ireland has fallen in recent months, in line with trends across the EU. The 2021 average price was more than 8% lower than that of 2020. As of 6 February, the average grade E pig price came in at €141 per 100 kg, that is, just over 7% lower than the same week last year. This is still well above the EU average price, but in the current circumstances is creating a significant price-cost squeeze.

At the recent European Council of Agriculture Ministers, the Minister, Deputy McConalogue, clearly expressed his concerns regarding the difficulties facing the Irish pigmeat sector, both in respect of the ongoing impact of increases in fuel, fertiliser, feed and energy prices over recent times that are putting farmer margins under significant pressure, and the sustained nature of the difficulties being experienced on the pigmeat market. The Minister sought the rapid deployment of appropriate solutions on both issues.

The Minister of State, Deputy Heydon, and the Minister, Deputy McConalogue, met with the main banks to discuss the current challenges in the pigmeat sector and the importance of their ongoing support. At this meeting it was emphasised the importance of the pig sector, its overall resilience and the importance of their support to their customers through the current downturn in the business cycle. The key message was that farmers experiencing cash flow difficulties should engage with the banks as soon as possible to discuss options and that the banks remain committed to supporting their customers in the period ahead.

Separately, they met with the Strategic Banking Corporation of Ireland, SBCI, to discuss the Brexit impact loan scheme and the Covid-19 credit guarantee scheme, both of which are financed by the Department of Agriculture, Food and the Marine in partnership with the Department of Enterprise, Trade and Employment. These finance schemes can be used for working capital finance and include features that address the current financial needs of pig farmers.

We are all aware of the cyclical nature of the commodity markets, which for the pig sector at this time is compounded by rising input costs.

During this period, maximum flexibility of financial matters is needed to ensure the ongoing viability of those in the pig sector.

The Minister of State, Deputy Heydon, chaired the recent pig round table and had a further detailed discussion on the current difficulties with all stakeholders, including farm representatives, the banks, the processing industry and the feed industry. The increase in input costs is likely to continue for at least the first half of this year.

In terms of State supports, Bord Bia outlined the significant efforts being made to promote quality-assured Irish pigmeat on the domestic and export markets and Teagasc outlined the dedicated advisory supports being provided to pig farmers. The Minister, Deputy McConalogue, also attended a meeting with the IFA president and IFA pig committee members to discuss concerns. At this meeting, the Minister reiterated the Government's commitment to supporting the sector, including through the previously mentioned advisory supports provided by Teagasc and Bord Bia. Deputy Cahill can rest assured that the Department will continue to monitor the market situation closely. We are examining all possible measures to assist in supporting farmers through this significant market disturbance.

I am fascinated by the idea of a pig round table.

I thank the Minister of State for her reply. I accept that the Minister met the stakeholders in the past week and promised to reply to them next week on what he can do for the industry.

Maximum pressure must be put on the financial institutions to give extra overdraft facilities to help pig farmers with their cash flow. That will not be enough, however. A package must be provided for the sector. Feed costs are expected to rise by another €30 a tonne in the next month to six weeks. Unfortunately, energy costs still look to be moving in one direction only and labour costs are rising significantly as well. I hope pig markets will start to recover but it is going to be a very long haul to get back to a break-even situation. We must do what other EU countries are doing. A package must be put in place. I urge the Minister of State to provide for a certain period a direct subsidy for each pig slaughtered to try to reduce losses, help cash flow on farms and allow this vital industry to survive.

Swine flu must be monitored. We must increase security to ensure it does not enter the country. It has damaged export markets across Europe and there is no doubt it has exacerbated the problem. I urge the Minister of State to ensure resources are put in place to keep swine flu out of this country.

The Minister of State said the pig sector is resilient. I fully accept that, but any sector can only take so many sucker punches. I do not think the pig sector has ever been in the loss-making situation it is in currently. Small, medium and big pig producers are under significant pressure. There are only 300 pig farmers left, yet it is the third largest sector in the agrifood industry and is worth €1 billion to this country. It would be a disaster if, for want of short-term aid, we did not help the sector to survive this crisis, which is outside its control.

I accept the points made by Deputy Cahill. He is correct that this is one of the worst crises we have seen in the pig sector here. It appears that there is a cyclical nature to the commodity markets, but it is compounded by the increased input costs and fragility of the marketplace for pigmeat. It is important to get on top of African swine flu, which is affecting markets across Europe and also export markets out of Europe. That is having a major additional impact on Irish pork and pigmeat products.

The Department is examining all possible avenues to assist pig farmers during this time of market disturbance. As I outlined, it will continue the significant engagement to date. The Department encourages farmers to engage with Teagasc advisers and bank representatives to explore the options available to them. Whether it is financial assistance or cost-reduction measures they can implement on their farms, they must take the advice that is available. Pig farmers can rest assured that officials in the Department are examining all possible measures to assist.

An Garda Síochána

We move to the third important issue raised by Deputies Daly, O'Rourke and Martin Kenny. They wish to discuss the so-called "heavy gang" and the cases featured in the RTÉ "Crimes and Confessions" programme, which fascinated the nation, not least younger people who did not live through the period. I thank the Minister of State, Deputy James Browne, for being here to deal with this matter.

During the 1970s and 1980s, "the murder squad" or "heavy gang", whatever way one wishes to describe it, travelled around this State when requested. It operated collectively and it often thought collectively. It formed a consensus. Sometimes it was the right conclusion but other times, and on too many occasions, it was wrong. Its conclusions were sometimes outrageous, sometimes malicious and would sometimes have been laughable if the consequences had not been so tragic for the families and individuals arrested. Lives were left ruined and people were tortured. In the case of Ann Donnelly, who was sitting up in the Visitors Gallery last week, her husband was arrested, charged and convicted, but the conviction was overturned on appeal. Her brother had no second chance. He was arrested and later killed as a result of what happened.

The Government was aware of the heavy gang at the time but turned a blind eye. One former Minister, referring to the methods of this gang in the programme, said they did the right thing, if the unorthodox thing. I ask the Minister to commit to the families that there will be a statutory investigation for their loved ones, and to acknowledge the wrong done, meaningfully apologise on behalf of the State, explain how this happened and make recommendations so that we can learn and ensure it does not reoccur.

I raise the case of the murder of Una Lynskey in 1971 at Porterstown Lane outside Ratoath in County Meath in my constituency. It was the first and oldest case covered in the recent RTÉ "Crimes and Confessions" programme. The case destroyed a number of families. Ms Lynskey was 19 years old when she was murdered. The case remains unresolved. The Garda investigation into the murder of Ms Lynskey did not deliver justice; it delivered a miscarriage of justice in the case of Martin Conmey and Dick Donnelly, who had his conviction overturned on appeal. Marty Kerrigan was killed. These families have been failed. There are many unanswered questions 15 years later.

As you said, a Cheann Comhairle, the country was quite shocked by this programme. For younger people who were not around at that time, it was a huge revelation that this kind of thing happened. I have read the Minister of State's response. I thank him for it, but it does not go where it needs to go. The State must take responsibility for what happened. It must be very clear not only that we will ensure this does not happen again but also that we will look back in a very forensic way at how this situation occurred in all of these cases. There are many more cases as well.

I spoke to Mick Peelo, who made the documentary, and he told me that there are numerous other cases around the country on which he could have made similar documentaries. He said that in all of those cases he was convinced from talking to the families that there was a clear trend in all of them of the same modus operandi being used by the same group of gardaí who continued to go into places and very often decided who the guilty party was and then made the evidence fit. That is the difficulty we have here. It is the way this was done and carried out in so many cases. It led to miscarriages of justice and a mistrust of the process and the Garda Síochána in many communities around the country where this sort of thing happened.

I will not name anyone, but I spoke to other people, including one man from Galway who was convicted of a murder he vehemently denies he committed, although he spent ten years in jail for it. I have spoken to others around the country in similar situations. The only way to resolve this is for the State to have the courage to stand up and have a proper commission of investigation into all of these cases. I know issues will be raised about the cost, but at what cost do we have freedom in the justice system and justice for these people who have been so badly wronged?

I thank the Deputies for raising this very important matter. I watched the programme as well.

I am acutely conscious that all of the families and individuals impacted by the incidents which the recent RTÉ series has revisited have suffered significantly over the years as a result of the way in which those investigations were conducted. There is no doubt that the alleged practices detailed were unacceptable at the time and would not be tolerated today. Such incidents cast a shadow over the trust we place in our criminal justice and policing systems to ensure justice is done.

It is important to emphasise, however, that these investigations happened several decades ago and the safeguards which were available at that time to those who were the subject of investigation were very different from those in place today. It was following on from the work of the Ó Briain and Martin committees that the Criminal Justice Act 1984, regulating the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986 and the Criminal Procedure Act 1993, providing a new system of appeal based on miscarriage of justice, were introduced. The available safeguards were further strengthened in the years that followed. Since 2015, An Garda Síochána has a code of conduct which is signed by all members and forms the core of their commitments in relation to behaviour and standards, and I know the Garda Commissioner is committed to upholding the highest standards within our policing service. The Protected Disclosures Act 2014 provides legal protections for anyone who speaks up if they are aware of wrongdoing. There is a protected disclosure policy in place in the Garda which is designed to ensure that any member who raises issues will be fully supported and that each and every Garda member knows they have the right and responsibility to raise their concerns and be confident they will be listened to and addressed.

We have a robust system of Garda oversight in place, including the Garda Síochána Ombudsman Commission, established in 2005. Oversight structures are currently being further strengthened through the Policing, Security and Community Safety Bill 2021, which is implementing the recommendations of the Report of the Commission on the Future of Policing in Ireland, the first principle of which is that human rights are the foundation and the purpose of policing. The Bill will include an expanded remit for the ombudsman and the establishment of a new policing and community safety authority, which will be provided with extra inspection powers and greater independence. Governance within the Garda will be enhanced by the Bill. These provisions, as well as the Garda Síochána (Powers) Bill, will ensure that gardaí adhere to the best international practice in the conduct of all investigations.

Miscarriages of justice serve no one. Those wrongly accused suffer greatly and, equally, the victims and affected families who feel they did not get justice also continue to suffer. As the Deputies will be aware, several of these investigations have previously been the subject of court proceedings, pardons, State apologies and associated compensation settlements. The Tribunal of Inquiry (Evidence) Act makes clear that such inquiries should be established with regard to definite matters of urgent public importance. As the Deputies will appreciate, the Act should be used judiciously and many of the tribunals which have been established to date have proven to be very costly. It is important to listen carefully to the observations made by the judges who have led some of Ireland's recent inquiries, and they have made very clear that public inquiries should serve a clear purpose. It is important also that we remember there are ongoing Garda actions taking place with regard to some of these cases we are talking about. It would not be appropriate, therefore, for any actions to be taken that might impact on those actions. While acknowledging that the details of the methods used in the cases in question remain disturbing, taking all of the current circumstances into account, I do not believe the establishment of a public inquiry into these matters, or something similar, would serve any useful purpose. I will address the Una Lynskey situation in the closing remarks.

I thank the Minister of State for the reply. Because it is the case I am most familiar with, I want to raise the Kerry babies case. The initial inquiry was a total whitewash and while Joanne Hayes and her family were vindicated through a settlement, there are a number of outstanding issues. One is that the apology did not go far enough. For the gardaí to say the investigation fell far short of the standards of a police investigation must be the understatement of the century. It has never been explained. As their solicitor, Mr. Patrick Mann, has often said, how was it that five or six members of the same family in different rooms in one Garda station all made statements that could not possibly have been true? That needs to be explained. It needs to go beyond an apology and it needs to be explained how that happened. Ms Hayes probably does not have confidence in any investigation but it is important that she gets an answer.

I thank the Minister of State for his reply. It outlines a series of updates on what is different now from all those years ago. It outlines what the route forward is not, but it does not outline what the route forward is. The option of a statutory investigation needs to be on the table and it should be actively explored. If it is not a tribunal of inquiry, it needs to be something that will provide a resolution to these matters.

I understand the reply is written for the Minister of State and he reads it out. However, it does not go anywhere near where we need to go. To take the Sallins train robbery and the victims in that case, a crime has been investigated and it is the view of anyone logically looking at it that, in the investigation of that crime, another crime was committed and nothing was done about it. That is what needs to be investigated.

The Minister of State referred to the cost of these things. I have spoken to a number of people, including a man from my own constituency who was a victim of this particular "murder squad" that came down. They beat him and tortured him for three days and then, after he did not sign a confession, he took the State to court and he got a settlement of over €100,000. There are numerous other people in similar circumstances. Part of that settlement was that there was a non-disclosure agreement that he would say nothing about it. There are dozens of similar cases. The cost of all of that down the decades is mounting up. We need to ensure we have a full commission of inquiry to make sure we get to the bottom of this. We simply have no credibility in this place if we do not.

I have addressed the issue of the proposal around a public inquiry or something similar. In regard to the Una Lynskey case, the events of 50 years ago in Ratoath, County Meath, were an horrific tragedy and I would like to express my deepest sympathies to the families of both Una Lynskey and Martin Kerrigan, whose families continue to suffer so many years after their murders. As the Deputies will be aware, Martin Conmey received an apology from the then Minister for Justice on behalf of the State in 2016 and I welcome the further written apology the Garda Commissioner has provided to Mr. Conmey with regard to the miscarriage of justice he suffered. The Garda serious crime review team will be carrying out a review of that case this year. I hope this review will help to bring some closure to all of the families involved in that case. Any further actions which may need to be taken can be considered upon the completion of the serious crime review team.

As the Deputies will be aware, the Sallins train robbery case relates to an offence that was committed over 45 years ago. The events in question culminated in the overturning of the convictions of two persons by the courts in 1980 and a pardon for a particular individual in 1992.

In regard to the Kerry babies case, as the Deputies will be aware, there remains an active Garda investigation in place with regard to the Kerry babies. In that context, it would not be appropriate for me to comment in any detail on what is an ongoing Garda investigation. I believe Joanne Hayes was very badly and wrongly treated by the institutions of our State at that time. I would like to take this opportunity to reiterate the apology made by the then Taoiseach to Ms Hayes in 2018 for the terrible ordeal she and her family endured 30 years ago. Investigating gardaí continue to believe there are members of the public who have information in regard to the death of baby John in April 1984. I join with An Garda Síochána in appealing to those people to come forward and to contact Killarney Garda station, the Garda confidential line or any Garda station in regard to this matter.

Housing Provision

I thank the Ceann Comhairle for facilitating me in regard to this important topic. I want to begin with the Housing for All document. The review of the income eligibility for social housing is pending. It is something I feel strongly about. As a Deputy in Limerick city and north Tipperary, the whole issue of social housing is something I deal with every day of the week with constituents. When we look at the income limits for social housing, we find that the last substantial change to those limits was in April 2011, approximately 11 years ago. There were also some changes whereby the cap for the child allowance was removed last year, which was welcome.

Back in April 2011, the bands for a single person equated approximately to the average industrial wage. That average industrial wage is now up to about €43,000, which is a 20% increase. Furthermore, in that period we have seen an increase of nearly 100% in rents and we have seen an increase of 45% in the average cost of a house, from about €200,000 to €290,000. In April 2011, there was a €5,000 increase in all bands. I am proposing that this time there should be a minimum €5,000 increase across all bands. Second, the €5,000 is a 20% increase for band 3, which is a single person on €25,000. I would like to see a 20% increase in the allowance for an adult, which would go from 5% to 6% with the cap going from 10% to 12%. For a child it would go from 2.5% to 3%.

I do not want something to be done that would have the unintended consequence of being hugely inflationary. With the limits I have proposed, people would still qualify for the housing assistance payment, HAP, and social housing. The follow-on from that is that anyone who is involved in social housing should also aspire to be able to purchase his or her own home. The incremental purchase scheme is in place and I would advance it. However, at the moment many people might not be able to qualify for it with the current income limits for social housing. What I am proposing would increase the amount of a mortgage for someone who is applying for the incremental purchase scheme. This would be of the order of €20,000 because you would have people on €5,000 plus higher income limits within social housing.

Where is the review? When will it be published? I am talking about a €5,000 increase across the board on all bands plus an increase from 5% to 6% for the adult dependent, increasing the cap from 10% to 12%, which is two adults, to keep pace and then an increase in the child allowance from 2.5% to 3%. That is a 20% increase across the board and it somewhat keeps pace with the increase in the average industrial wage. Thus, the same basis that was there in 2011 would apply today. It will also feed into the incremental purchase scheme. Regardless of who one is, one should be able to aspire to own one’s home. The current income limits for social housing make that difficult under the incremental purchase scheme.

I thank the Deputy for raising this important issue and for the consistent work he has done on this, specifically on the income eligibility criteria and the workings he has articulated in his argument. The overarching principle of social housing support is to provide adequate housing support to those households unable to provide accommodation from their own resources. Applications for such supports are assessed by local authorities in accordance with the eligibility and need criteria set down in the Housing (Miscellaneous Provisions) Act 2009 and associated social housing assessment regulations.

The regulations introduced a standard system for assessing applicants for social housing in 2011, as the Deputy referred to, establishing a fair and more consistent and transparent approach to determine eligibility for support. To this end, they prescribed maximum net income limits for each local authority in three different bands according to the area concerned. The income bands are expressed in terms of a maximum net income threshold for a single-person household, with a 5% allowance for each additional adult household member, subject to a maximum allowance under this category of 10% and, separately, an additional allowance of 2.5% for each child. Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.

Housing for All - a New Housing Plan for Ireland, was published in September 2021 and committed to reviewing income eligibility criteria for social housing. The review was considered necessary because, as the Deputy mentioned, the cut-off points for each income eligibility threshold band were determined when average rent prices across the country were decreasing. The continuing suitability of the banding structure was questionable given the significant rental price growth throughout the country since and given that private rents in all local authority areas had risen considerably since thresholds were originally set in 2011. The review was undertaken in 2021 and examined, among other things, the efficiency of the current banding model; the income limits applicable to local authorities; and the new initiatives being brought forward in affordability and cost rental housing. It was completed towards the end of last year, and included recommendations for short and longer term reform of the income eligibility arrangements. The Minister, Deputy O’Brien, is considering the review’s findings and recommendations and he expects to decide on the proposed changes to the recommendations shortly.

The review of income eligibility is part of a broad suite of social housing reforms and complements measures being delivered through the Affordable Housing Act 2021 to put affordability at the heart of the housing system and prioritise the increased supply of homes. The Act was commenced in August 2021 and established a fair basis for four new affordable housing measures, including delivering affordable homes on local authority lands; introducing cost rental, a new form of tenure; introducing first homes shared equity scheme; and expanding the Part V planning requirements to increase the 10% contribution requirement to 20% and applying it to cost rental as well as to social and affordable housing. The Act was supported through unprecedented funding, committed through Housing for All, of €4 billion annually. Specifically, 54,000 affordable housing homes, comprising 18,000 cost rental homes and 36,000 affordable homes, will be delivered between now and 2030. Targeted delivery for 2022 is 1,550 new cost rental homes and 2,000 affordable purchase homes.

I hear Deputy O’Donnell’s proposal clearly. I know the review is complete and I expect that the Minister will act on it shortly. I thank the Deputy for the substantial amount of work he has brought forward on this pressing issue.

Over the past 11 years, rents have gone up by 100% in the private sector, the price of houses has gone up by 45%, and the price of the average home has gone from €212,000 to €295,000. The income limits were set based on the average industrial wage, so these limits must go up to keep pace with that. My proposal is a straightforward one. I ask that we make a €5,000 increase on all bands, an increase for the adult dependant by the same 20% from 5% to 6% with a cap of 12%, and an increase for the child from 2.5% to 3%, which is the same increase. That is a relatively modest proposal. However, it ensures it should not be inflationary for rents. Furthermore, it ensures more people qualify for HAP.

The incremental purchase scheme requires people to be on a social housing payment for a period of ten years. That is either a council tenant or someone on the rental assistance scheme, RAS, or HAP. We have to have this integrated model such that people can go from being in rented accommodation to being able to purchase. However, they must get supports. For anyone on more than €30,000, the incremental purchase scheme is a 40% discount and I know that is changing, but that makes a huge difference. There is social housing and the incremental purchase scheme. The layer above that would be affordable housing and then there are people buying privately. One of the starting bases is that we get the social housing income limits correct, fair and in keeping with what has happened over the last 11 years.

When does the Minister of State expect the review will be published? Will he discuss these measures with the Minister?

Housing for All is a great document but we need an integrated model.

I suppose the question is, what does "shortly" mean?

That is a very difficult question to answer at times. I can only respond on items that are under my control. The Minister for Housing, Local Government and Heritage, Deputy O' Brien, has the review on his desk and is considering it in the context of the other affordability measures that he introduced by way of the Affordable Housing Act.

Under Housing for All the review was due to be published in the fourth quarter of 2021 and the same applies to the tenant purchase scheme. Both should go hand in hand in terms of assessing where the results should land.

Deputy O'Donnell's proposal is very sensible. Since 2011 our society and our economy have changed so much in terms of the journey we have travelled. Constituents have come to my office in very vulnerable positions, looking for a sustainable path to getting on the housing ladder. Everyone should have the aspiration to own their own home or see a pathway to try to do that. I will bring the issues that Deputy O'Donnell raised and the very clear proposals he made to the Minister. It is not often that someone comes into the House with very clear proposals in terms of each the bands, the 20% increase in allowances for partners and children, and the cap. The Deputy has put forward very clear proposals. I will bring them to the Minister and revert to the Deputy.

Cuireadh an Dáil ar athló ar 9.45 p.m. go dtí 9.12 a.m., Dé Céadaoin, an 16 Feabhra 2022.
The Dáil adjourned at 9.45 p.m. until 9.12 a.m. on Wednesday, 16 February 2022.
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