Dáil Éireann debate -
Thursday, 13 Jul 2023

Vol. 1042 No. 2

Saincheisteanna Tráthúla - Topical Issue Debate

Construction Industry

Deputy John Lahart

I thank the Minister of State, Deputy O'Donnell, for his presence to take this Topical Issue, which I can probably divide into two parts. The first part seeks to open a proper debate regarding the need for a regulatory body for the construction industry. The second point is to highlight, as I am sure most colleagues would be able to do, a specific circumstance relating to a home or homes constructed in my constituency where there has been a wholly inadequate response from the construction sector, via HomeBond, which is the agency charged with remedying and making right issues that people have with recently purchased homes.

People may know that there is no regulatory body, as such, for the construction industry. It is mostly self-governed and self-regulated through self-certification, which we know has led to the many issues we face at present such as the mica and pyrite scandals and the defective apartments. The latter affected my constituency in particular, although not as widely as in other constituencies. I have not been a public representative for as long as you, a Chathaoirligh, but for a total of 24 years, and until the defective apartments issue came along, I can say, reasonably fairly, that there were very few defects in the homes constructed in my constituency throughout that time.

It was exceptional but clearly with apartment defects it was the rule, rather than the exception. The CIF is the de facto regulator of the construction sector. It does this through operating and maintaining the construction industry register of builders. To get onto that register, it is necessary to tick a number of boxes. To stay on it requires compliance with a certain number of rules and regulations. The CIF also operates and manages the insurance scheme in place to reimburse home buyers through its HomeBond facility. This is problematic in the sense that the CIF is the body charged with remedying the defects, faults or snags that the builder overlooks or fails to do, as is the case in these particular circumstances I am going to raise. However, it is also the register of builders. It is the representative body, and a powerful one, for the construction industry. Given the events and experiences relating to defective apartments, in particular, and the scandalously high proportion of them built at a particular time in our history that have defects, we cannot have the body that represents builders in charge of remedying building defects. That is the first point.

The second point is the one I raised. It relates to a specific issue in my constituency. I will not identify the estate or the builder. Why would I stigmatise a builder who actually built 300 or 400 units on this estate and they all seem to be built reasonably well and to a high enough standard? However, a few houses suffered particular issues. Those issues relate to significant heat loss, water ingress, dampness, mould and leaks. The residents in question initially sought redress and assistance from the builder. This proved fruitless. Then they turned to HomeBond. It is months since HomeBond has engaged. It did initial inspections. There is a strong suspicion on my part that it is going to run the clock out of time and the homeowners in question will be left then to foot a substantial bill themselves. That is essentially the thrust of where I am coming from. I will have a few more points, depending on the Minister of State's response. I thank him for attending.

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

I thank the Deputy for raising this important issue and for providing me with the opportunity to update the House on the matter. I reassure the Deputy and the House that the Government fully acknowledges the stress caused to homeowners due to defects that have arisen in their homes. I will deal with the last question first. In regard to the number of houses in an individual estate in his constituency, if he would like us in the Department to follow up on his behalf with HomeBond, we will do that. That might be something practical we can do. It is important that people get coverage under schemes that are established to ensure they can deal with defects.

Over the past decade, the Department of Housing, Local Government and Heritage has committed to implementing a range of building control reforms focused on ensuring strong and effective regulation in the building control system and of the construction industry and on improving compliance with building regulations. Such measures have included implementation of the Building Control (Amendment) Regulations 2014; creation of the national building control management project and the establishment of the National Building Control and Market Surveillance Office of which I have no doubt the Deputy is aware; and the enactment in July of last year of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. I welcome the opportunity to provide more detail on each of these important initiatives.

The Building Control (Amendment) Regulations empower competence and professionalism in construction projects and establish a chain of responsibility that begins with the owner. The associated code of practice for inspecting and certifying buildings and works sets out the roles and responsibilities of owners, designers, builders, assigned certifiers, etc., during building works, in addition to providing guidance on use of proper materials and the need to check supporting documentation under the construction products regulation. The national building control management project and the National Building Control and Market Surveillance Office provide oversight, support and direction for the development, standardisation and implementation of building control as an effective shared service in the 31 building control authorities. As the Deputy will be aware, that is located within Dublin City Council.

More recently, the Regulation of Providers of Building Works and Miscellaneous Provisions Act develops and promotes a culture of competence, good practice and compliance with the building regulations in the construction sector. It introduces a statutory register for providers of building works. In January, the Minister, Deputy O’Brien, appointed the CIF to operate this statutory register and is currently in the process of appointing an independent board. While the enforcement of building control and market surveillance has been significantly strengthened over the past ten years locally and nationally, the Government recognises that further strengthening is required. In that context, Members may be aware that the programme for Government and Housing for All commit to establishing a building standards regulator. The purpose of the regulator will be to strengthen the oversight role of the State with the aim of further reducing the risk of building failures and enhancing public confidence in construction-related activity. The objective is to ensure that this regulator has sufficient breadth of scope, effective powers of inspection and enforcement and an appropriate suite of sanctions. The Department has commenced dialogue with the County and City Management Association, CCMA, with a view to determining the scope, functions, role and structure of the regulator and it intends to bring proposals to the Government later this year.

While the Department is taking appropriate actions to ensure strong and effective regulation in the building control system and of the construction industry, prospective buyers should continue to engage competent professionals and seek legal advice and undertake the necessary due diligence when considering the purchase of a property.

Deputy John Lahart

Most people engage competent professionals to carry out due diligence in advance of purchasing a home, particularly a new home. The problem is that sometimes, as the Minister of State knows, the issues only come to light after purchase. Somebody can do all the due diligence in the world and the problem only comes to light some time after purchase. I want to acknowledge that while the CIF will essentially compile and operate the register, individual contractors have to apply through the federation to be on it. I am heartened by the fact that the Minister of State is appointing an independent board and that in the programme for Government we are committed to a building standards regulator. To re-emphasise, the problem is, with the builder in question here, there was just non-engagement. The builder did not engage with the residents in question. There are well over 300 units on this estate. I have not had a complaint other than from three or four residents. It is actually in the builder's interests to come back. This does not seem to be a wholesale problem or maybe I am beginning to open a can of worms. However, that is not my sense of it. The builder built many hundreds of houses in this particular area over the past 20 or 30 years and would have a good reputation and, therefore, actually it is in its own interest to remedy this.

The homeowners subsequently contacted HomeBond because it acts on behalf of the CIF, to try to remedy these issues. It, in turn, has not engaged with them in more than six months. The impression is that it is just running down the clock and then the houses will no longer be covered by the HomeBond scheme and nobody will be liable for anything except the homeowners who have to foot the bill. I thank the Minister of State for saying that we might touch base with him in the Department and see what he can do. He might outline what that might involve for the particular owners. I will correspond with him in the next 24 to 48 hours on it. I thank him for that offer.

Deputy Kieran O'Donnell

I thank the Deputy for raising what is a very important matter. With regard to the individual builder, the likelihood is that a builder of that size is a member of the CIF. I would have thought making contact with the Deputy might ensure our lines of communication with the builders themselves. It is all about the homeowners.

I reassure him and the House that the Government is committed to drive compliance and standards through regulating in accordance with the commitments of Housing for All. Work is at an advanced stage regarding the establishment of a building regulator on a statutory footing that will strengthen the oversight role of the State and aim to reduce the risk of building failures and enhancing public confidence in construction activity. It is the intention of the Minister to bring a proposal to the Government later this year. Along with this the Regulation of Providers of Building Works and Miscellaneous Provisions Act is an essential consumer protection measure giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. It is incumbent on prospective buyers to continue to engage competent professionals and seek legal advice in undertaking the necessary due diligence when considering the purchase of a property.

On the specific issue the Deputy raised regarding the individual and HomeBond, if the Deputy corresponds with us, as I have undertaken, we will follow the general procedures for dealing with issues that arise. Ultimately, we want to assist him in his role as a competent public representative for his area.

Family Law Cases

An Ceann Comhairle

We move to the second important item, tabled by Deputy Durkan, who wishes to discuss the recent UN special rapporteur's report that explicitly recommends states legislate to prohibit the use of parental alienation or related pseudo-concepts in family law cases. This is part of the Deputy's ongoing crusade, shall I say?

Deputy Bernard J. Durkan

I thank the Ceann Comhairle for allowing me to present to the House on this issue yet again. It relates to the ongoing difficulty in family law cases concerning a concept that is not recognised or supported but is strongly contested, nationally and internationally, by various proponents and opponents. It concerns cases where mothers, and in some cases fathers, are forcibly separated from their children and allowed only under very special circumstances to speak to them over the telephone. In some cases, they have been separated for a number of years, with obvious consequential hardship and stress to the parent or parents and possibly creating serious mental health problems for the child.

It sounds unreal and few people would believe it happens, but it happens under cover of the in camera rule, where anything can happen and cannot be reported outside the court and Tusla cannot intervene because it is subject to the rule as well. It has been used extensively by Mr. Jim Sheehan, whom I have mentioned previously in the House, and a number of members of his cohort. It is a lucrative campaign in the sense that every report costs about €8,000, and that is supposed to be an expert report, although it has transpired that not everyone who makes these reports is an expert or has any competence in the area.

Without any more being said about that, this was taken up by a UN special rapporteur on human rights to the extent she made a recommendation the concept be legislated for, struck off the books and expunged completely from any form of shape or use, along with anything like it, in future family law cases. This will have the effect of at least having a level playing field when such cases are being discussed. It will mean the terrible burden and stress caused to many parents throughout the country will be lifted. It will also mean that when this State and other states legislate to eliminate its use, no other pseudo-concept will be able to be introduced under the radar to do the same job. It is not necessary in law and it is not accordance with the Constitution or the civil or human rights of individuals.

It is sad that in this country, in which we rightly boast about all the freedoms that are available through membership of the European Union and by virtue of living in a Republic, this practice continues. In the first instance, I ask that the legislation be seriously considered in the shortest possible time to address what is a scandal. It is a serious blot on our society that this is allowed to happen, albeit under the in camera rule.

Deputy Kieran O'Donnell

I convey my apologies on behalf of my colleague the Minister for Justice, who cannot be here due to another commitment. I thank Deputy Durkan for raising this important matter and giving me the opportunity to provide clarity on some of the issues he raised. I acknowledge this is an issue on which he has campaigned.

As the Deputy will be aware, management of the courts, operational matters and logistical functions are the responsibility of the Judiciary and the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. I am unable, therefore, to comment on any individual case or category of cases. It may interest the Deputy to know, however, that last year, the Department of Justice committed to undertaking both a public consultation and independent research on the topic of parental alienation as part of Justice Plan 2022. The findings of both were analysed and, arising from this, officials from the Department of Justice developed a policy paper on how to address the issue. The then acting Minister for Justice, Deputy Harris, brought both the finalised policy paper and the research report to the Government on 23 May last and noted his intention to publish both reports. Both the research report and the policy paper have since been published on the Department’s website.

Both documents recognise that parental alienation is a highly contested and divisive concept. While there is little concrete information on the exact extent of the accusations of parental alienation within the Irish courts, the research report found that, similar to in other courts internationally, there appears to be an increasing number of claims of parental alienation in family law proceedings. It appears to arise especially in custody and access disputes and in cases where allegations of domestic, sexual and gender-based violence feature.

Despite the highly contested nature of the concept, there was a consensus in the public consultation that the means to address parental alienation lie in improvements to the family courts and family justice system. The Department of Justice is leading on an ambitious programme of family justice reform, including the publication of the family justice strategy and the Family Courts Bill 2022. The strategy puts children at the centre of the system and emphasises, among other matters, the need to ensure they are listened to and heard and their views given due regard, in line with constitutional obligations and rights.

Reflecting this, the policy paper puts forward six recommendations to address the issue of parental alienation. They centre on progressing elements of family justice reform, building the system’s capacity to hear adequately the voice of children, and improving the knowledge, skills and experience of all those involved to make the best determinations on each case on its own merits. This is especially important in high-conflict cases, in which allegations of parental alienation can often arise. The report of the UN Special Rapporteur on Violence Against Women and Girls, its Causes and Consequences, Reem Alsalem, which considers the abuse of the term "parental alienation", and the deliberations of the United Nations Human Rights Council on the report in the coming months, will be fully considered when work in this area is advanced.

The family justice strategy is an ambitious and wide-reaching strategy that aims to achieve reform through the implementation of more than 50 actions across nine goals. It prioritises the needs and voice of the child, containing a number of actions that stress the importance of children and their needs in a reformed family justice system and the importance of their voices being heard and views considered in a meaningful way. These include an examination of the role of expert reports including sections 47 and 32 reports in the family law process, the commissioning and availability of these reports, their content and use, and the registration and other requirements of the various professionals providing these services.

Deputy Bernard J. Durkan

I thank the Minister of State. I acknowledge that the Minister for Justice, and the formerly acting Minister for Justice, have done tremendous work in advancing the cause to which I referred.

The position is that in some cases, children are subjected to being screamed at and being told to shut up and sit down. Their mothers, too, are told to shut up and sit down or they might never see their children again. This has happened and is happening under the in camera rule. There is no such concept of parental alienation except in the minds and imagination of a number of people who have a vested interest in it. It was first discovered, as someone said to me recently, 100 years ago by a gentleman in the United States. We have progressed somewhat in those 100 years and this is one area in which we have to progress a little more.

To bring this story to a conclusion, we need to legislate separately and urgently to remove the concept from use altogether, and to ensure it cannot be used again in any other shape or form or under any pretence to bring it back or legislate for it in future.

There are situations at the moment where up to €500,000 has been requested as a means of bargaining, in order that the parent might be allowed to see the children who had been transported outside of the jurisdiction. This kind of thing cannot go on. I thought we had dealt with this many years ago when we talked about women's rights, equality and the legislation we refer to in this debate. I wish to bring to the attention of the House that this continues regardless. There is no intention on the part of the perpetrators to deviate one iota from what they have been doing and continue to do. The reason is, simply, that it is lucrative. I ask that the intervention be serious, relevant and early.

Deputy Kieran O'Donnell

On behalf of Minister for Justice, Deputy Helen McEntee, I thank Deputy Durkan for raising this matter. I will take the specific point raised by Deputy Durkan back to the Minister.

As the Deputy will also be aware, the Minister, Deputy McEntee, published the first family justice strategy in November 2022, which sets out a vision for a family justice system of the future. This will be a system that focuses on the needs and rights of children, a system that assists their parents in making decisions that affect all of the family, and a system that makes it easier for vulnerable parents and families to get support and make informed decisions. The strategy is foundational in nature, recognising the many issues that currently exist within the system but outlining the steps needed to move towards a family justice system that is streamlined and user-friendly, and which supports and protects children and their families.

The family justice strategy is ambitious and wide-reaching and aims to achieve reform through the implementation of more than 50 actions across nine goals. It prioritises the needs and voice of the child and contains a number of actions that stress the importance of children and their needs in a reformed family justice system so that their voices are heard and views considered.

An examination is under way on the role of expert reports, including section 47 and 32 reports in the family law process, the commissioning and availability of these reports, their use and content, and the registration and other requirements of the various professionals providing these services.

I will ask about the specific point raised by Deputy Durkan. This will form part of this examination.

Deputy Bernard J. Durkan

I thank the Minister of State.

Human Rights

An Ceann Comhairle

The third matter I have included for today's Topical Issue debate comes from Deputies Joan Collins and Thomas Pringle who wish to discuss the serious deterioration of prison conditions and the health of imprisoned independent trade union leaders and activists in Belarus. There are a lot of other people as well as trade union leaders in prison in the same country.

Deputy Joan Collins

I thank the Ceann Comhairle and I appreciate that. I must first say that I am disappointed that the Tánaiste is not here to take this Topical Issue matter. These are very important issues. Time is allocated for Topical Issue Debate to deal with these affairs. We will, however, receive a stock reply from the Minister of State who is here at the moment.

We have brought this issue to the House due to the worryingly rapid decline of the health and conditions for imprisoned members of independent trade unions in Belarus. This centres largely around the ongoing persecution of members of the Belarusian Congress of Democratic Trade Unions and its affiliated unions. When the repression started, 19 trade union leaders were arrested, followed by months of arrests of ordinary members, trials and imprisonment. The Belarusian Radio and Electronic Industry Workers' Union, also known as REP, has been the hardest hit. Its office and accounts were taken over by the State and its members have been mercilessly persecuted. Belonging to the REP is itself now a crime and punishable by up to six years imprisonment. Their leader, Gennady Fedynich, was given the harshest sentence of nine years in maximum security. He is a cancer survivor and is heavily diabetic. There are now serious fears for his life. The cruelty of Belarusian prisons is unspeakable. Imprisoned members of trade unions are facing solitary confinement, denial of medical care, hard labour and freezing and inhumane conditions. Belarus has been sanctioned by the International Labour Organization, ILO, and has been condemned by the International Trade Union Confederation, the UN Human Rights Commission and the European Parliament. Our own Irish Congress of Trade Unions has written to the Minister for Foreign Affairs on the issue. The situation for imprisoned trade unionists is rapidly getting worse. This has now become a matter of life or death. I ask the Government to make any intervention possible to prioritise an immediate guarantee of full medical care, visitation by family and inspections by the international groups as requested by the ILO. I also ask the Government to explore all avenues to pressure Belarus to respect freedom of assembly through membership of trade unions, to remove the ban on independent trade unions and release the prisoners. This must include taking a strong stance condemning all oppression of trade unions and trade union members across the world.

Deputy Thomas Pringle

I mean no offence to the Minister of State, Deputy O'Donnell, who is here in the Chamber and I thank him for coming here today to take this Topical Issue matter.

Deputy Kieran O'Donnell

No offence taken.

Deputy Thomas Pringle

The reality is that the Government holds Topical Issue Debate in contempt. The Ceann Comhairle has raised this previously on numerous occasions with regard to the attendance of Ministers here. I ask that he would raise it again with the Government. I have had numerous Topical Issue matters and only once has a Minister with responsibility been in attendance here. This is disrespectful to the House. Topical Issue Debate is part of the routine of the House and the Ministers should make themselves available. They get plenty of notice as we must submit our matters on time. This is an ongoing problem that we should raise at every opportunity.

In July 2022, the Minister, Deputy Coveney, was written to by the Irish Congress of Trade Unions about the situation in Belarus. He was asked if he would make some demands for access by independent union representatives to meet the jailed representatives in Belarus. We do not know exactly what he did, if anything.

The Belarusian State has since then stepped up its persecution of union membership. Since April 2022 the Belarusian State has mounted a continuous onslaught on the members of the Belarusian Congress of Democratic Trade Unions and its affiliated unions, including two industrial affiliates, the Free Trade Union of Metal Workers and the Belarusian Radio and Electronic Industry Workers' Union. Other union activists were arrested during the next few months and charged with bogus charges which ranged from insulting the President to membership in an extremist organisation. Indeed, if one could be charged with insulting the president in this country there would be people in jail here in relation to that. This shows the spurious nature of the charges being used.

The leaders of Belarusian democratic trade unions, including REP leaders and activists, have been imprisoned on trumped-up extremist charges for over a year now. All this time they have been held in horrific conditions of KGB detention centres, prisons and correctional facilities and denied decent basic human rights. The autocratic Belarusian regime tries its hardest to demonise democratic trade unions and present their leaders as criminals. We should use all actions in our power to make that case so that independent union representation should be able to visit them in prison.

Deputy Kieran O'Donnell

I thank Deputies Collins and Pringle for raising this important issue. As the Deputies have stated, I will take the matter on behalf of the Tánaiste and Minister for Foreign Affairs, Deputy Micheál Martin.

The deterioration of the human rights situation in Belarus is gravely concerning. Reports of the continued use of torture and ill-treatment against those in custody and the especially harsh detention conditions for political prisoners is deeply alarming.

The Government and the EU have been working intensively to respond to the situation in Belarus by providing support to those who have been affected by the campaign of repression targeted against protestors and dissidents and by sanctioning those who are responsible.

There were 1,481 political prisoners in Belarus as of 13 July 2023 and an estimated 5,000 new politically-motivated criminal trials last year. Some 50,000 politically motivated arrests have been made, more than 11,000 criminal cases are under investigation and 1,405 NGOs have been forced to close by the regime or are undergoing closure.

As the Deputies outlined, the situation for trade union leaders is particularly difficult. The UN Special Rapporteur on Belarus has documented that the Belarusian authorities have intensified their systematic attacks on independent trade unions by subjecting their leaders and members to intimidation and criminal persecution. The UN Special Rapporteur has documented almost 50 trade union activists and heads of independent trade unions who have been placed behind bars in Belarus.

At the Human Rights Council this month, Ireland made national statements, joined an EU statement on the situation in Belarus, and also supported the extension of the mandate of the UN High Commissioner for Human Rights to continue to investigate the situation. Ireland used this process to condemn the systematic repression of civil society organisations and to signal our alarm at reports of the continued use of torture and ill-treatment against those in custody and the especially harsh detention conditions for political prisoners.

We urged Belarus to release unconditionally all political prisoners and to cease harassment and reprisals against individuals exercising their human rights, including trade union leaders. Ms Sviatlana Tsikhanouskaya, leader of the democratic movement of Belarus, last visited Ireland in 2023 to receive the 2022 Tipperary International Peace Prize. During her visits, Ms Tsikhanouskaya met with the President, the Taoiseach, the Tánaiste and Minister for Foreign Affairs, Deputy Micheál Martin, the Ceann Comhairle, the Cathaoirleach and Members of the Oireachtas. Ms Tsikhanouskaya also met with an Oireachtas delegation led by the Ceann Comhairle in recent weeks. We will continue to maintain our support for the work of those who are defending democracy and human rights in Belarus.

Ireland is providing tangible support for Belarusian civil society projects through the European Endowment for Democracy and through the Viasna Human Rights Centre which provides medical, psychological and humanitarian assistance to current and former political prisoners.

Ireland is providing funding to support independent Belarusian media, including approximately €200,000 over 2022 and 2023 to support the continued operations of the Zerkalo.io website, one of the most popular independent online news portals for Belarus. The information provided by independent media such as Zerkalo is vital to counter regime propaganda and provide fact-based reporting to people within and outside Belarus.

Ireland also supports the work of the International Accountability Platform for Belarus, a coalition of independent NGOs working to collect, consolidate, verify, and preserve evidence of gross human rights violations allegedly perpetrated by the Belarusian authorities in the run-up to the fraudulent 2020 presidential election and its aftermath.

Deputy Joan Collins

I thank the Minister of State for the reply and for the efforts that have been made to date in relation to the report that he has given there. It is obvious that the people in Belarus are being subjected to one of the most major crackdowns in their history.

It was Jim Larkin who famously said that "an injury to one is an injury to all". It is in that spirit of solidarity that we have raised this issue here today. The rights of citizens and workers are the bedrock of any civilised society. It follows then that the way a government treats those who seek and assert such rights is the litmus test for the legitimacy of any government's claim to represent the people of any country.

I raised the particularly serious situation of Mr. Gennadyi Fedynich. Mr. Vasili Beresnev is in a similar situation. Mr. Beresnev is also a kidney cancer survivor. With one kidney, his conditions are similar. Both Vasilii and Gennadyi are cancer survivors and there are no check-ups for oncology in correctional facilities.

Mr. Vatslav Oreshko suffers from a chronic ophthalmological condition. The prison and correctional facility conditions with no medical attention worsened it to the degree that his retina is detaching itself, and he is basically blind. Medical facilities need to be allowed into the prison.

Deputy Thomas Pringle

I thank the Minister of State, Deputy O'Donnell, for his response. Thankfully, it seems as though Ireland is doing all that it can to ensure that this is raised through the proper channels.

I welcome the fact that the human rights council has been raising it here in Ireland and making statements. Pursuing it and pushing it through human rights is the way to go. I welcome that; it is vitally important. I welcome the fact that Ireland is working with the International Accountability Platform for Belarus. It is important to work with the NGOs and make sure that they are supported to work with that.

Difficult as it might be, it is probably important to try to keep some method of open communication with the regime there as well to try to put pressure on it to behave, act responsibly and maybe get rid of itself in the long run because that is ultimately the only goal that will lead to a proper functioning government in Belarus.

An Ceann Comhairle

We have to bear in mind, as I call on the Minister of State, that as well as the awful travesties of justice that the Deputies outline, Lukashenko has now agreed to take atomic weapons from Russia. I believe that Ms Sviatlana Tsikhanouskaya is an inspirational young female leader and deserves support in challenging Lukashenko and his mob. Anyway, the floor is the Minister of State's.

Deputy Kieran O'Donnell

It shows the significance of the issue that the Ceann Comhairle gave comment on it. It lends great gravity to the particular issue in Belarus. I thank the Ceann Comhairle for that.

I thank Deputies Joan Collins and Pringle for their responses which were constructive and in a spirit of partnership. It is evident that there is support across this House for the protection of human rights in Belarus, from the Ceann Comhairle down.

I would like to reassure all Deputies that Ireland and the EU will continue to give this situation our focused attention, and continue to extend assistance to those who seek to promote and protect human rights in Belarus, and take action against those who are responsible for violating them. We will also continue to raise the situation in international multilateral bodies such as the UN and, obviously, with our European partners.

Deputy Joan Collins made a specific issue of medical aid. It is a matter I will bring to the attention of the Tánaiste and Minister for Foreign Affairs, Deputy Micheál Martin.

It is important to add that, together with our EU partners, we have condemned the involvement of Belarus in Russia's unprovoked and unjustified full-scale military invasion of Ukraine. In response to the invasion, since late February, the EU has adopted a wide range of sanctions targeting both Russia and Belarus. The measures targeting Belarus build on restrictive measures first introduced by the EU following the presidential elections in Belarus in August 2020 and the crackdown on peaceful protesters, democratic opposition and journalists that followed.

On 24 February 2023, the European Council decided to extend for a further year the restrictive measures linked to the ongoing involvement of Belarus in Russia’s invasion of Ukraine, and the human rights situation in the country. The EU will continue to consider adopting further sanctions against the Lukashenko regime in response to internal repression in Belarus and the regime’s support for the war against Ukraine. Ireland is actively involved in these discussions and supports co-ordinated EU sanctions and other measures including action at the UN, to hold Belarus accountable for its violations of human rights and the rule of law, and its complicity in Russia’s invasion of Ukraine. I would like to conclude by reaffirming the commitment of the Government to the promotion and protection of human rights and democracy in Belarus.

An Ceann Comhairle

We hope to have an opportunity on our return in September to have a debate on the situation in Belarus.

Schools Building Projects

Deputy Patrick Costello

Earlier this week, I held a public meeting in relation to the need for a local school, a new secondary school, in Dublin 8. The meeting was well attended by local parents, many of whom have been campaigning for a new school for a while. There is a growing campaign building momentum and it is with great pleasure I rise to lend my voice to support that campaign and to help build that momentum.

This is an issue I have been raising for quite some time through parliamentary questions, letters to the Minister and Questions on Promised Legislation, and each time we are met with intransigence from the Department and opaque numbers and justifications.

The fact is there is a problem with how the Department of Education calculates where the new schools go and there is clear evidence to show that a new secondary school is needed for Dublin 8. Dr. JoAnne Mancini, in Maynooth University, has shown educational provision levels are far from equal across the country and has highlighted Dublin 8 in a recent academic article showing the significant challenge here.

While we can talk about the numbers, at the public meeting one of the people who came to speak was a teacher outside the area who spoke about his pupils from Dublin 8 and how they were at a huge disadvantage. They spend significantly more time travelling and this is impacting on their study. Of course, it is impacting on the carbon footprint. It is impacting on their independent mobility because they are relying on lifts from parents to get to far-flung schools instead of simply being able to walk or cycle to a school right beside them.

The parents raised the impact this was having on community. Primary school groups split up, with a splintering of secondary school groups. Students would go to school and make new friends.

God knows school can be hard enough at the best of times. You come back to your own neighbourhood and are isolated because you are not with your friends from school and the people on your road are off in a different school somewhere else. This impact is also reflected in a survey the parents did, which highlighted these concerns and the impact on their families and young people.

I know there will be various numbers in the Minister of State's response about the 314 school planning districts, but the numbers are opaque. There are no published capacity numbers publicly available relating to school capacity in an area. It is hard to get into the numbers, which creates a lack of transparency.

This afternoon, I received a response to a parliamentary question I asked about the intake ratio. The intake ratio is the percentage of children in a school planning district who get to go to school in that district. If it is at 100%, that means 100% of children are going to school in that district. For Dublin 8, the intake ratio is 55%. Some 45% of children in the district have to travel outside of their community to get a secondary school place. In the Blackrock and Booterstown school planning area, that number is 325%. Not only is the Booterstown and Blackrock area taking 100% of the children in the area, but it has enough capacity for an additional intake of 225%. There is not that capacity in Dublin 8. Blackrock recently got a new school despite having this huge over capacity. I have many more numbers, which I will speak about when I respond to the Minister of State. Essentially, however, there is a huge gap in the provision of second level schools in Dublin 8, and the children and the community are suffering.

Deputy Kieran O'Donnell

I thank Deputy Costello for raising this important matter. I am pleased to have the opportunity to describe how the Department of Education plans for new schools and increasing diversity of provision. I am taking this Topical Issue on behalf of the Minister for Education, Deputy Norma Foley.

The Deputy raises specific issues on behalf of his constituents in Dublin 8. In order to plan for school provision and analyse the relevant demographic data, the Department divides the country into 314 school planning areas. It uses a geographic information system drawing data from a range of sources, including child benefit and school enrolment data, to identify where the pressure for school places across the country will arise and where additional school accommodation is needed at primary and post-primary level.

The requirement for additional school places is kept under ongoing review in the context of available information on population from census data, enrolments and capacity of existing schools. In addition, major new residential developments in a school planning area have the potential to alter demand in that area. As part of the demographic exercise, the Department engages with each of the local authorities to obtain up-to-date data and information on significant new residential developments in each area. This is necessary to ensure that school infrastructure planning is keeping pace with demographic changes as there is a constantly evolving picture with planned new residential development.

The 2022 demographic exercise indicates that 85% of the 314 school planning areas at primary level show static or decreasing enrolments for the period to 2026 compared with 2021. At post-primary level, 74% of school planning areas are anticipated to have increased enrolments for the period to 2029, with most expected to reach a peak within the next two or three years.

If additional accommodation is required, the aim is to try to facilitate that, as much as possible, by way of expanding existing schools rather than establishing new schools. The expansion of existing schools is consistent with the wider Government objective of placing increasing emphasis on compact growth under Project Ireland 2040. New post-primary schools must have a student enrolment capacity of 600 to 1,000 students and must be co-educational. A lower threshold of 400 students may apply to Gaelcholáistí, having regard to the alternative of establishing an Irish medium unit in an English medium school.

New schools are only established in areas of demographic growth, as the resources available for school infrastructure have to be prioritised to ensure every child has a school place. When the Department announces a new school is required, it is open to all patrons and prospective patrons to submit an application to the Department for patronage of the new school. An online patronage process system has been operational since 2018.

As my time is limited, I will now provide the most pertinent information. The most recent projections for the Dublin 8 planning area indicate an increase in enrolments at primary level up to 2026 and decreasing thereafter. At post-primary level, the recent projections for the Dublin 8 school planning area indicate a slight increase in enrolments at post-primary level up to 2031 followed by a projected reduction in enrolments thereafter. A new co-educational, multidenominational post-primary school under the patronage of Educate Together was established in Sandymount Park to serve the Dublin 8 school planning area, along with the Dublin 2, Dublin 4, Dublin 6 and Clonskeagh school planning areas as a regional solution. In 2018, the school opened in interim accommodation and the major project, which will provide for a 1,000-pupil school when complete, is currently at tender stage. This new school will reduce pressure on enrolments in schools in the Dublin 8 school planning area, as well as adding to the diversity of ethos provision in the area.

Deputy Patrick Costello

I thank the Minister of State for his response. One of the issues with the school in Sandymount is that it is up to 90 minutes away for pupils from parts of Dublin 8. That is 90 minutes travelling to school and 90 minutes travelling back. That is time in which they should be studying and it therefore impacts on their ability to study. It is 90 minutes travelling to and from school each way when they should be with their family or friends. The school in Sandymount is not serving the needs of Dublin 8.

The Minister of State stated that new post-primary schools must have an enrolment capacity of between 600 and 1,000. When the patronage assessment report was being published, the Department's own number for Dublin 8 indicated there were 651 students. Based on the Minister of State's reply and the Department's own numbers, there are grounds for a school in Dublin 8. Moreover, the figure for the Goatstown and Stillorgan area in the patronage report was 445 when it got a new school. Enfield had a number of 322 when it got a new school. Kingscourt, County Cavan, had a number of 208 when it got a new school. Based on the Minister of State's numbers, plenty of areas with lower need than Dublin 8 are getting new schools. Dublin 8 has sufficient need, according to the Department's own numbers. Yet, the Department says it does not need a new school when clearly its own numbers say it does. This gets back to the point about the opacity of the numbers and the lack of transparency. All I have to do is share the results of that survey of parents with the Minister of State to show that behind those numbers are individual students and communities who are suffering because they need that new school. There are grounds for a new school in Dublin 8 based on the Department's own numbers. We need that new secondary school.

Deputy Kieran O'Donnell

I again thank Deputy Costello for raising this important matter on behalf of his constituency in Dublin 8 and, more particularly, the children currently in primary school and moving into secondary school. The Department's position is that new schools are established on the basis of identified demographic demand in an area and only after consideration of the capacity of existing schools to absorb the expected school place demand. The process for the establishment of a new school gives interested patrons the opportunity to apply for proposed new schools and gives parents the opportunity to express preferences for their preferred choice of ethos.

I will refer again to the logic and methodology behind the new school in Sandymount. It is a co-educational Educate Together school. It is multidenominational and was established to serve not only Dublin 8 but also pupils in Dublin 2, 4 and 6 as a regional solution. It is currently open, and up and running.

I will take the point the Deputy raised on behalf of his constituents back to the Minister for Education and the Department. It is important in all circumstances that we provide the necessary educational infrastructure.

On the process here, the Department looks at the demographics and has set up a regional solution model which would serve the needs of Dublin 8, as well as those of Dublin 2, Dublin 4, Dublin 6 and Clonskeagh. On the point the Deputy highlighted, I will take the matter back to the Minister for Education, Deputy Foley.