Dáil Éireann debate -
Wednesday, 24 May 2023

Vol. 1039 No. 1

Saincheisteanna Tráthúla - Topical Issue Debate

Missing Persons

Deputy Colm Burke

I thank the Minister for coming to the House to deal with this issue. In view of a recent meeting where coroners presented details of more than 40 remains on which they have information but who have not been identified, will the Minister give consideration to the establishment of an office of State forensic anthropologist to complement and support the work of the State pathologist, coroners, gardaí and other relevant authorities? Will the Minister make a statement on the matter?

The coroners gave information to the Department in respect of more than 40 remains for which they have information. The information has been available for quite some time. I have raised this issue on quite a number of occasions over the past five or six years. In fact, I set out a detailed document on this more than five years ago which I submitted to the Department. I have been involved in this area for a long number of years. The Law Reform Commission report on missing persons was published in 2013. Following that, I published a Private Member's Bill in 2013 and republished it in 2016. Eventually, the Civil Law (Presumption of Death) Act 2019 was finally passed by the Dáil and Seanad. Where a person went missing but the body was never recovered, the Act allowed parties to apply to the court for a presumption of death order.

There have been a number of cases where bodies were recovered. A person went missing in Dublin in December 2016. A body washed up in July 2017 off the coast of Louth. It took until 2017 to match the information. A person went missing in Limerick and remains were discovered in Clare a number of months later, but again it was quite a number of years before the remains that were found were matched to the identity of the person who went missing.

This office is essential and it would have a number of key roles. The first would be the establishment and maintenance of a database for unidentified human remains. It would provide an annual review of all unidentified human remains and the stage of investigation of each case. It would keep the records of all unidentified remains cases in Ireland and liaise with and act as a contact point for coroners, State pathologists and gardaí to provide advice and ways of identifying human remains. It would also include the establishment and supervision of training programmes for forensic practitioners and supervise interns and students as well as performing standard anthropological analysis. There would also be the issue of cross-Border engagement.

In view of the work coroners have done and the fact we have not co-ordinated all of this over a long number of years, it is now time to set up one central point to deal with this issue. When someone goes missing, it is very difficult for a family to find out after ten, 12 or 15 years that the State or a State authority had information about remains being recovered and that there is a connection. It is time to look at this issue and give serious consideration to the proposal.

Minister for Justice (Deputy Simon Harris)

I thank Deputy Burke for raising this important matter and giving me the opportunity to provide clarity and some views on the issue. I also want to thank him for and acknowledge his ongoing work and interest in the area. His Private Member's Bill had a positive impact in terms of some legislative change in Ireland.

I would like to begin by acknowledging the families of missing persons, families who have engaged with the Department of Justice in recent years on an important and sensitive issue. Not knowing where a family member is or what has happened to them is a tragic and devastating situation to be in. While working tirelessly to find their loved ones, these families have put forward numerous recommendations to Government to assist in locating missing persons. One of the measures proposed by the families was the establishment of a central data set containing all known information on unidentified remains. I am very pleased that earlier this month my Department published the coroners' database on unidentified remains.

Regarding the contents of the database, there are 44 records of unidentified remains. Of those, 29 are full human remains while 15 are partial remains. The remains were found across 12 different counties in Ireland. A DNA profile is available for 28 of the records and it is intended, where possible, to carry out further DNA profiling. Following the announcement last year to collate this data set, the Department of Justice worked closely with coroners, Forensic Science Ireland and An Garda Síochána's missing persons unit to compile and publish this information. The introduction of the new national DNA database in 2015 by Forensic Science Ireland was a key turning point in the identification of human remains in Ireland. It has enabled missing people to be matched by DNA to unidentified bodies, helping to bring some element of closure to families searching for their loved ones.

My Department established a forum in July 2021, alongside the Coroners Society of Ireland, An Garda Síochána's missing persons unit and Forensic Science Ireland, to facilitate information exchange on unidentified remains. While the Department has no immediate plans to establish a centralised office of State forensic anthropologist, I assure Deputy Burke that further meetings of the stakeholder forum will be held this year and this is an opportunity to perhaps further explore his idea and discuss improvements that could be made to the gathering and sharing of unidentified remains and missing persons data.

It is also intended that the data set will be updated on an ongoing basis and we will be looking constantly to better understand how this information can be used to reunite the remains of missing persons with their families.

We are all united in wanting to achieve the same outcome, that being, ensuring families get closure and that there is a co-ordinated use of technology, information and databases to bring about that degree of closure. Crucially, we must continue listening closely to the families of missing people and work with them to try to implement their recommendations.

Respectfully, the suggestions and input the Deputy is making are the types of information we can now feed into future stakeholder forum meetings, which will take place with families later this year.

Deputy Colm Burke

I thank the Minister. My understanding is that the Coroners Society of Ireland, the Office of the State Pathologist, the Dublin District Coroner, the missing persons bureau of An Garda Síochána and Forensic Science Ireland support the proposal I am making. I presented it to the Department and the Minister of the day five years ago, but it is only in the past three weeks that we have had a database with 44 cases. My understanding is that there are many more cases, which have not been presented to the Department, of unidentified buried remains.

This is a matter we should be addressing. One approach would be central co-ordination. In fairness, each and every coroner's office is under immense pressure because more cases are being referred to them. For example, the Dublin District Coroner faces major challenges in trying to deal with its workload and have decisions made. I understand that, where some coroners and pathologists are concerned, the analysis that they require is being done outside the State. We could have a central hub to co-ordinate not only that, but also training so that we do not have to send some of the work to other jurisdictions. We should give this suggestion serious consideration. There would be significant savings for the State in the long term and remains would be identified earlier.

Deputy Simon Harris

It is vital we gather information on unidentified remains that lie within the State and that we put in place a system whereby they can be identified. The families of missing persons require and deserve closure. The forum, comprising representatives of the Coroners Society of Ireland, the Garda and Forensic Science Ireland, which are agencies the Deputy referenced, will continue its valuable work in this regard.

My Department has established a standing committee that is tasked with considering the core issues involved in the provision of a sustainable pathology service to coroners in the long term. The committee includes representatives from the Department, the Coroners Society of Ireland, the Office of the State Pathologist, the HSE, the Royal College of Physicians of Ireland and local authorities. More broadly, my Department is committed to introducing proposals on the comprehensive reform of the Coroner Service to deliver a service improvement plan that will address identified issues – innovative change, enhancing customer service and improving the interaction with pathology services. It is intended to conduct a public consultation exercise prior to the development of proposals on comprehensive reform.

I acknowledge the Deputy's interest in, and active work on, this matter. I accept his point about the length of time it took to get from there to here, but with the new centralised database, we have taken a significant step forward. It was a core request of families of missing persons. We are not finished yet, though, and we are determined to continue doing everything we can to have the systems and supports in place to provide answers for families, identify remains and bring some element of closure. The stakeholder forum remains in place and involves all of the agencies and organisations the Deputy mentioned. It will meet a number of times more this year. On foot of this debate, I will ask that the Deputy's suggestion and input be fed into that process. I am happy to keep in contact with him on it.

Naval Service

Deputy Neasa Hourigan

Along with the Syrian refugee and human rights activist, Ms Sarah Mardini, Mr. Seán Binder was arrested in 2018 and accused by Greek authorities of espionage, aiding human trafficking and belonging to a criminal organisation. Mr. Binder, whose mother lives in Togher, has spent a significant part of his life in Ireland. In 2018, he volunteered as a lifeguard with a humanitarian NGO on the Greek island of Lesbos, assisting asylum seekers arriving in small boats from the nearby Turkish coast. Mr. Binder and Ms Mardini were attempting to save lives. In his own words: "Framing the act of helping someone as either criminal or heroic, implies that it's somehow abnormal. But it isn't. Helping someone in distress is the most normal thing to do."

I wish to put this matter in context. Mr. Binder now faces up to 12 years in prison for the act of helping people. To illustrate just how awful the circumstances are at the EU's borders at the moment, we have a perhaps terrifying example from just this month where an Austrian activist on the island of Lesbos filmed 12 people – men, women, children and a baby – being taken out of a van by Greek authorities, towed out to sea and put on an inflatable raft. The authorities forced people with a six-month-old baby onto that raft and abandoned them. That group of people are now in a detention centre on the Turkish coast. This is the reality of what Mr. Binder was dealing with. It is difficult to imagine here on our perch on the north of Europe what that is like, but we help to uphold that system.

What is the Irish Government doing to help people like Mr. Binder, who has lived here, and to interrogate how the funding that we make available for migrant services in the Mediterranean is used? I have asked this question many times before. There seems to be little oversight of how Irish taxpayers' money is being used to fund action at the borders of the EU. Are we paying to have a six-month-old baby forcibly put on a dinghy? The Taoiseach has congratulated Greek Prime Minister Kyriakos Mitsotakis on his recent election, but there have not been many questions about that baby or the other 11 people. Are we providing cover and funding to a government that is not only perpetrating this crime, but also prosecuting one of our own who acted to protect those very vulnerable people? What are we doing to protect Mr. Binder and his family, who are still living here? When was the last time someone from the Department of Justice or the Department of Foreign Affairs met Mr. Binder or his family? When was the last time the Greek ambassador was called in to explain what Greece was doing in those situations at the EU border and what it was doing on the island of Lesbos? When was she called into the office of the Taoiseach or the Minister for Foreign Affairs to explain this extremely aggressive prosecution of human rights activists and the recent uncovering of inhumane and dangerous treatment of migrants at Greece's border? When is the Minister doing to reach out to Mr. Binder and how we are holding the Greek Government to account?

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Kieran O'Donnell)

I thank the Deputy. I note the point she has raised. It was not the title of this Topical Issue matter. Nevertheless, I will make reference to it. The Deputy's request is that there be a follow-through with the Department of Foreign Affairs in respect of Mr. Binder and his family. I will commit to taking the matter up with the Tánaiste and his office.

What I will now discuss is Ireland's support of EU search and rescue efforts of migrants and asylum seekers in distress at sea in the Mediterranean. I will touch on some of the themes the Deputy covered. On behalf of the Tánaiste and Minister for Defence, I thank the Deputy for raising the issue ahead of the forthcoming deployment of a Naval Service vessel to participate in Operation Irini over a seven-week period in June and July. The core task of Operation Irini is to contribute to preventing arms trafficking within its agreed area of operation in accordance with United Nations Security Council Resolution 1970 of 2011 and subsequent resolutions on the arms embargo on Libya.

As the Deputy will be aware, the Dáil recently approved the deployment of the Naval Service vessel and associated support staff in accordance with the triple lock provisions of the Defence Acts. In the course of the Dáil debate on the deployment, a number of issues arose, including any role the Naval Service might have in capacity building and training of the Libyan Coast Guard as well as the arrangements in place as regards search and rescue and the assistance provided to persons found in distress on the high seas, which falls into the Deputy's theme.

Regarding search and rescue, let me reiterate the Government's position that there are no circumstances in which members of the Naval Service will be involved in capacity building and-or training of the Libyan Coast Guard.

Ireland will declare caveats to this effect on formally joining the operation. In any event, it should be noted that capacity building and training of the Libyan coastguard and navy element of the mandate is not currently in operation due to political fragmentation in Libya, and as such is suspended.

On the issue of safety of life at sea and search and rescue, I recall that the motion approved by the Dáil included an amendment to the effect that the Naval Service vessel participating in Operation Irini would be subject to the obligation under international law to provide assistance to persons in distress at sea. Government was happy to accept this amendment on the basis that it restates a previously existing obligation on Ireland under the United Nations Convention on the Law of the Sea, an obligation to which the Naval Service would have to give effect whether in the context of Operation Irini or otherwise. While Operation Irini has no mandate for safety of life at sea and search and rescue, and strategic reviews of the mission have stated that Operation Irini is not a pull factor in migration, the involvement in the search and rescue and safety of life at sea event while part of Operation Irini cannot be totally ruled out.

The recent strategic review of the mission indicated that in 2022, 91,985 migrants arrived via the central Mediterranean route into Europe. Of this figure, an estimated 163, or 0.17%, were rescued by Operation Irini. In the event that Operation Irini is involved in safety of life at sea and search and rescue, the mission direction is that those migrants rescued by the ship should be taken to and disembarked to a European coastguard ship as soon as possible so that Operation Irini can return to its mandated operation with minimum delay. That said, the instances in which Irini vessels have been involved in rescue have been rare.

Given the area within which it is anticipated the Naval Service ship will be operating, Defence Forces advise that it is unlikely it will be involved in safety of life at sea or search and rescue events. However, I can assure the House that should the Naval Service vessel be required at any point during its deployment to respond to a safety of life at sea or a search and rescue event, it will do so in accordance with the mission direction. Such rescue operations will be conducted in line with international law and the United Nations Convention on the Law of the Sea.

Deputy Neasa Hourigan

I thank the Minister of State, and I welcome some of his comments about Operation Irini. The detail he gave is instructive because it shows that these operations and their funding are quite complex. They often stray into areas for which they were not originally envisaged, but they also have to be dealt with. Our funding should operate in a similar way. The way in which the Government contributes to EU funds that are used to patrol EU borders in the manner we have seen in the past six weeks, and certainly since 2017 when Seán Binder was arrested, is deeply troubling.

I also welcome the Minister of State's offer to bring this back to the Minister. However, I would like to flag that when he does so, the Minister will say Seán Binder is not a citizen and therefore is the German Government's problem. I ask the Minister of State to remind the Minister that we are currently blocking Seán's attempt to become a citizen. He absolutely qualifies, but because of this case we are blocking his attempts to become a citizen. Second, I do not sit in the Bundestag; I sit in this House. We are responsible for how this House operates. We are responsible for how this House operates and for how we spend taxpayers' money when it comes to operations in the Mediterranean.

We are all aware that the motivation of charges like these against activists and human rights activists are to deter their work, to deter them from assisting migrants, and to make the Greek coast as dangerous, deadly and unappealing as possible to those seeking sanctuary in Europe. It is to create a chilling effect so that no help is forthcoming for men, women, children and babies we sometimes leave to drown at sea.

I think it was three years ago that Ursula von der Leyen said that Greece was Europe's shield in deterring migrants. I find those words deeply troubling. Even reading those words, I do not think this is what Ireland signed up for. I do not think we signed up for the prosecution of people like Seán Binder. I do not think we signed up for dragging people into the middle of the sea on a raft and leaving them there. I would love if the Minister of State could bring that to the Minister, so that we could understand the full extent of Greece's tactics here.

Deputy Kieran O'Donnell

I have committed to bringing the matter to the attention of the Minister, Deputy Micheál Martin. Obviously, Greece is a sovereign nation. However, it is a matter I will draw to the Minister's attention. I see the Deputy's genuine passion in this regard.

On behalf of the Tánaiste and Minister for Defence, I again thank Deputy Hourigan for her engagement on this matter. Ireland has been an active participant and contributor to the EU’s common security and defence policy, CSDP. That contribution will increase significantly next month with the deployment of a Naval Service ship to the EU’s Operation Irini. In doing so, our Naval Service will be helping to stem the flow of weapons into a volatile region and thus make a valuable contribution to the creation of conditions for a permanent ceasefire in Libya. In engaging with this UN-mandated EU mission, Ireland will be playing an active part in contributing to security and stability in the Mediterranean region.

All of the CSDP actions in Libya and the central Mediterranean contribute to the European Union’s commitment to peace and stability in Libya. The EU civilian CSDP border assistance mission in Libya, EUBAM Libya, to which Ireland contributes one civilian expert at present, aims primarily to contribute to enhancing the capacity of the relevant Libyan authorities and agencies to manage the country’s borders and to reduce cross-border crime, including human trafficking and migrant smuggling. The work of the mission is carried out through advising, training and mentoring Libyan counterparts in strengthening their border services in accordance with international standards and best practices, and by advising the Libyan authorities on the development of an integrated border management, IBM, strategy. EUBAM Libya is one part of the European Union’s comprehensive approach to supporting the transition to a democratic, stable and prosperous Libya.

I again restate it is not intended that Irish Naval Service personnel will engage in capacity building and training of the Libyan coastguard when deployed as part of this mission. This element of the mandate is, in any event, currently suspended from the mission. I again stress that while the operation has no mandate for safety of life at sea or search and rescue, the Irish Naval Service vessel will of course be subject to the obligation under international law to provide assistance to persons in distress at sea. Ireland's contribution of a Naval Service vessel to Operation Irini is a positive gesture in support of our European partners, and one which I wholeheartedly support.

Ambulance Service

Deputy Jennifer Whitmore

Today I raise the issue of the ambulance service in County Wicklow, particularly the service being provided for Arklow and Baltinglass. This issue has been raised with me by constituents who are fearful because there is not a full service being provided in Arklow and Baltinglass at the moment. It was raised recently at the Arklow Municipal District by Councillor Peir Leonard who expressed concerns about it. She read a response she had received from the HSE, which stated that the ambulance service operates a 24-7 response from its Arklow base, excluding Tuesdays when there is no cover in place between 7 a.m. and 7 p.m.

This is not just an Arklow issue. As I said, this is an issue for Baltinglass, where there is also a limited service provided. Apparently, in Baltinglass, no service or no cover is provided on Monday nights. The reason these service gaps exist in Wicklow stems from a decision in 2012 by the HSE to drop or alter overtime operation requirements by the ambulance service. When it did that, it moved it from eight hour to 12 hour shifts. However, that left gaps in a number of stations, and rather than increasing the number of staff, the HSE decided in its wisdom that those areas could go without cover for those two particular days per week.

This has become more of an issue because Wexford Hospital is now closed. That means it is limited in the service it can provide. This is a serious concern for the people of Arklow and west Wicklow. I would appreciate if the Minister of State could give me some information on those particular services, on the response times we are seeing from those services, and on what the Minister plans to do to ensure Arklow, the corresponding district, Baltinglass and west Wicklow have sufficient ambulance cover so that people are not waiting long periods for the help and assistance they need, which is obviously putting their lives at risk.

Deputy Kieran O'Donnell

On behalf of the Minister for Health, Deputy Stephen Donnelly, I thank Deputy Whitmore for the opportunity to update the House on the ambulance service in Arklow and elsewhere in County Wicklow.

The National Ambulance Service, NAS operates a 24-7 response from Arklow ambulance base excluding, as Deputy Whitmore stated, Tuesdays, when there is no cover from the base between 7 a.m. and 7 p.m. The Deputy made reference to Baltinglass as well. It is not covered, but maybe it is something which she could follow up with the Minister and look for precise details on the response times, which she has mentioned as well.

However, the National Ambulance Service operates a dynamic model of ambulance deployment. This is in line with international best practice, and allows the National Ambulance Service to prioritise resource allocation to the highest acuity calls which require an immediate emergency response. This means that on a Tuesday between 7 a.m. and 7 p.m. in Arklow, an ambulance from one of the many neighbouring stations will be deployed to respond as the need arises.

The ambulance based in Aughrim is crewed by eight Pre-Hospital Emergency Care Council, PHECC, registered paramedics and advanced paramedics. There are no current vacancies on this base. Additionally, two community paramedics currently operate a 12-hour shift pattern seven days a week from Arklow ambulance base. Community paramedicine provides community-centred healthcare services which bridge primary and emergency care, including expanded roles such as health promotion and disease and injury prevention, as well as acute assessment and treatment of chronic illness exacerbation and minor illness or injury.

Deputy Whitmore made reference to the historical perspective regarding the service in Arklow between 7 a.m. and 7.p.m on Tuesdays. I followed up by getting a bit more information. The Arklow rosters have been set in this pattern since approximately 2010 due to changing work patterns at the time, such as staff moving from a 40-hour week to a 39-hour week, and changing to 12-hour shifts. Cost savings required at the time were also a consideration. The National Ambulance Service is constantly monitoring its resources with patient safety its key consideration. Areas identifying a need will be supported as new service resources are developed and become available. Arklow will be considered through this process.

Regarding ambulance services more generally, the Government has invested very significantly in the NAS in recent years. In fact, record investment of more than €211 million has been allocated to the NAS under the HSE’s 2023 national service plan. This represents an overall increase of approximately €43 million from that allocated in 2019. This unprecedented level of investment has allowed for our National Ambulance Service to undergo an enormous programme of change in recent years. It continues to transform from a service that traditionally transported all patients to hospital for treatment to a service that is clinically led and is now treating more patients over the telephone, at the scene, or in their own homes. We have grown the NAS workforce substantially, with the Government’s investment allowing for an increase of 28% in staff numbers since December 2015.

As well as the significant increases in staff numbers, the NAS has made major advancements in the way it delivers patient care. For instance, building clinical capacity in the National Emergency Operations Centre, NEOC, in Tallaght has facilitated the introduction of alternative care pathways like see and treat and hear and treat, which allow the NAS to assess and treat many patients at the lowest appropriate level of acuity, resulting in a better experience for the patient and more efficient use of resources.

Recent investment has resulted in enhanced clinical and patient care capacity in the clinical hub with a view to ensuring a growing percentage of callers to the NEOC in Tallaght who are triaged through the hub do not need conveyance by ambulance to a hospital emergency department where there is no clinical need.

I extend my sincere thanks and gratitude to the staff of the NAS and to all of our ambulance services for their commitment and dedication to patient care in Wicklow and across the country.

Deputy Jennifer Whitmore

I thank the Minister of State for the additional work and effort he has put into coming up with some information on that. Fundamentally, Arklow and Baltinglass do not have full cover at the moment. They are now relying on ambulance cover from other parts of the county, and indeed other parts of the country. This has been in place since 2010, which was a very different environment economically. There was obviously a need to make cuts. However, we are no longer in that economic situation, and it is inconceivable that we have two large towns in our county which are relying on ambulance services from other parts of the country to provide a service. That gap has been in place for those two towns for 13 years, and it is time the HSE and the Minister put enough staff and resources into those stations so that they can provide a full coverage to their districts.

Other stations which were also cut in 2010 have had their service fully restored. They have had the additional investment in their staff and stations, and I would ask that the Minister for Health does the same for Arklow and Baltinglass to make sure they can operate on 24 hours a day, seven days a week, and that they are fully functional and independent insofar as is possible.

I agree with the Minister of State's sentiments with regard to our ambulance service. It does an incredible job. However, I have some ambulance personnel in my own family, and I know from talking to them that they are incredibly stressed, under-resourced and working 12-hour shifts which can extend to 14- or 16-hour shifts. This investment is critical not just for the patients of Wicklow to make sure they get appropriate and quick healthcare but also for the ambulance staff who are under increasing pressure and stress.

Deputy Kieran O'Donnell

I thank Deputy Whitmore. As I have stated, the National Ambulance Service is constantly monitoring its resources, with patient safety its key consideration. Areas identifying a need will be supported as new service resources are developed and become available. Arklow and Baltinglass will be considered in that regard.

This is a matter I will bring back to the Minister, Deputy Donnelly, but I ask that the Deputy follow up in her own structured way with the Minister's office on those particular points, and the Minister and his office can then take the matter up with the NAS in a structured way.

I reiterate to the Deputy that the Government remains absolutely committed to investing in and growing our National Ambulance Service. The service does great work, and the people on the ground - the ambulance drivers, paramedics and all across, even the people working in the offices - do phenomenal work. In my opening statement, I alluded to progress we made in recent years, and the rest of the challenges facing us. I would like to talk briefly about the plans for the coming years.

To meet the demands of our growing and ageing population, the NAS is developing a new strategic plan to 2031. Deputy Whitmore's particular request might be fed in as part of that review and strategic plan. This plan will set out a very ambitious roadmap for our National Ambulance Service in the coming years. It will see the National Ambulance Service continue its long-term evolution from a patient transport service to a modern, responsive and mobile medical service. Government is committed to supporting the NAS to progress its reform of delivery of pre-hospital emergency services. I acknowledge there is still work to be done, but the Deputy should rest assured that we will be working closely with the National Ambulance Service and the wider health services on this.

I again acknowledge the tireless efforts of the National Ambulance Service and its talented and dedicated workforce, and thank them for everything they do.

Cuireadh an Dáil ar fionraí ar 9.48 a.m. agus cuireadh tús leis arís ar 10 a.m.

Sitting suspended at 9.48 a.m. and resumed at 10 a.m.