Cross-Border Projects.

Senator Cecilia Keaveney

I wish to raise an issue of great importance in my constituency. I must declare an interest because both my father, before me, and I, when I was on the council, worked extremely hard to develop the Foyle ferry service. In all respects, including the context of the peace process, it has been one of the most significant cross-Border and cross-community reconciliation projects to have been undertaken in the past decade. Within a short period of its inauguration, 1 million passengers had used the ferry. People who had never been on the Donegal side of the Foyle were coming over to see the scenery or to buy petrol. There is also no doubt but that Coleraine's significant shopping figures last Christmas proved that the car ferry was bringing people there from Donegal.

While I thank the Minister of State, Deputy Mansergh, for being here to deal with this matter, it may come within the responsibility of the Minister of State, Deputy Noel Ahern. I am seeking guidance as much as dictating what will happen because a significant issue has arisen. Seven years ago the economies of Donegal County Council and Limavady Borough Council were different than they are now. A couple of years earlier, I managed to get the then Minister for Finance, Charlie McCreevy, to give €4.5 million towards the ferry project, while the International Fund for Ireland contributed €1 million to get it going. As I said, it has been extremely successful.

We are now in a retendering process which, I accept, can be the wrong time to raise such issues. However, this matter must be dealt with now. Magilligan port is a defined slipway for the roll-on/roll-off ferry. It is not elaborate but serves the purpose for which it was created — to cater for the car ferry. It does not have any other uses. The ferry is at the end of a narrow road which serves the port and also serves Magilligan prison. It is not a major access road to any large urban area, but as the ferry service is now up for retendering it should be considered. While some people may not agree, I firmly believe this venture would be competitive and commercially viable in its own right, but it has an economic noose around its neck because it must pay for international security on the Magilligan side. The reality of that status means there must be male and female security staff there at all times so that people can be searched. The gender issue adds to the complications concerning personnel numbers.

The Minister of State, Deputy Mansergh, was involved in the peace process, which I am sure included the security issue of Border road closures at that time. I can now jump in my car in Moville and drive across any Border crossing — into Derry or Lifford, crossing the Foyle by the new bridge, the two decks of the old bridge, or the bridge between Lifford and Strabane — to Magilligan, arriving at the same location having crossed no international security or permanent checkpoint of any sort. As a result of the peace process this car ferry, that is used extensively, was delivered. I have discussed the matter with people on both sides of the Border because the ferry service has been embraced by all communities in the general area.

Arising from an increase in the number of security checkpoints, people from all sides went on BBC news programmes to state clearly that they disagreed with this increase in security. The problem, however, is that the cost of the security is significant and will cause a great deal of concern for anyone tendering for the ferry project. I have called for the international status to be reviewed and removed. I do not believe Magilligan comes under the right criteria for an international port. It may simply require a change of designation or what is done in Greencastle with excellent closed circuit television coverage being installed.

The First Minister and Deputy First Minister in the North replied to me that the UK Department of Transport's security guidelines require compliance on the part of Magilligan. From a parliamentary question to the Under Secretary of State for Transport tabled by Alan Meale, MP for Mansfield, I understand that the issue is around EC regulation 725/2004. If I can travel to the same point without involving a security check, then I will use that method. The ferry service was a big boost to the north west but this is affecting its success. People would be searched on their way into the port to prevent criminals, illegal immigrants or mass terrorists entering the jurisdiction. From its inception, a cage was put up into which people entered as they left the jurisdiction. It has not served the purpose for which it was established.

From speaking to officials in the Department of Foreign Affairs, there are some trying to ensure what we have we hold. I understand the security concerns but in the north west they do not necessitate the levels of security in place. It is an overreaction which road crossings do not have. Magilligan cannot be seen as an international port in the same way as others. If the Minister of State visited it, he would realise that.

Minister of State at the Department of Finance (Deputy Martin Mansergh)

I appreciate the value and importance of ferry services across Lough Foyle and Lough Swilly. I have a clear memory of crossing Lough Swilly on 14 September 2007 to mark the 400th anniversary of the flight of the earls.

The Department of Transport has no function in the future of the Lough Foyle and Lough Swilly ferry services. The Department of the Environment, Heritage and Local Government has indicated that it has no function too but that Donegal County Council does provide funding for ferry services on Lough Swilly. The Department has informed me that some funding for the Lough Foyle ferry service was provided by the UK authorities with the balance from Donegal County Council in the past. The responsibility for maritime security in the port facility of Magilligan rests with the British Department for Transport. Officials from the Department of Transport have been in contact with their counterparts in the United Kingdom to consider a proposal that the ferry service as a whole should be considered as a domestic, rather than an international service.

In 1949, at the time of the declaration of the Republic, legislation was passed in the Oireachtas and the British Houses of Parliament which specifically stated that both states did not regard each other as foreign countries. The use of the term "international" seems to be the equivalent of "foreign". It is accepted in the Good Friday Agreement that the Irish nation relates to the whole island of Ireland, although not everybody would wish to describe themselves as Irish. The Department of Transport continues to monitor the situation closely and to seek a satisfactory resolution to the maritime security related difficulties which have arisen in connection with this service.

Senator Keaveney referred to several security related issues. One that can be addressed is continued dissident republican activity which is entirely without purpose or justification. Nationalist public opinion should bring its influence to bear in helping to bring this activity to an end. The Irish News has been doing so heavily since the beginning of this year.

Senator Cecilia Keaveney

I thank the Minister of State for his endorsement that this service should be regarded as a domestic one. I am not concerned about the money aspect to this but I believe it could be a viable commercial venture. I hope the Minister of State will inform the relevant Department of this.

Industrial Disputes.

Senator Nicky McFadden

I am asking that the Minister for Health and Children, Deputy Harney, intervene in the serious dispute at Portiuncula Hospital, Ballinasloe, County Galway, ongoing since September 2008. I raise the issue because much is at stake for the health of the people of the midlands and Galway area. The hospital is integral to the health services for the area because Athlone, with a population of more than 20,000, does not have its own hospital. A press release from the Health Service Executive last month stated wards might close and surgical services could be cancelled at the hospital owing to the dispute. The hospital has 200 beds with 700 health staff. It would have serious consequences if there were any cancellations of surgical procedures.

Five nurse managers, who have given stalwart service to the health service over the years, had concerns over health and safety issues for staff and patients. There have been several peaceful lunchtime protests where auxiliary and nursing staff have shown their support for their colleagues in the dispute. A stalemate has emerged between the hospital's senior management and these nurse managers.

There is a possibility the Labour Relations Commission will mediate between both parties. There appears to be reluctance on the part of the senior management at Portiuncula Hospital to engage in discussions that might allow those on both sides to air their grievances. This matter is not beyond resolution. I am of the view that there has been a lack of communication. I know members of the senior management at the hospital and also the five nursing managers who are absent from work on sick leave as a result of stress. I am aware that the latter want to care for the patients at the hospital and I cannot understand why this matter has reached a stalemate. The Minister for Health and Children must intervene.

Last year, staff at Portiuncula Hospital discharged more than 11,000 patients and dealt with 6,300 day cases. In addition, 39,000 people attended the hospital through the outpatients department. I do not wish to be political about this issue, that is not why I am raising it, but the Hanly report is being implemented behind closed doors and I am concerned that the HSE will use what is happening as an insidious means by which to downgrade services at Portiuncula Hospital. It has already been stated that there will be ward closures, that surgical procedures will be curtailed and so forth.

I ask the Minister of State to ensure that all the services currently on offer at the hospital will be retained and that the dispute will be resolved so that the five nurse managers, who are dedicated and have a vocation to their work and who really care about people, will be able to return to work.

Deputy Martin Mansergh

I thank Senator McFadden for raising this matter, which I am taking on behalf of the Minister for Health and Children, Deputy Harney. I do not doubt what the Senator said with regard to the value and importance of the services on offer at Portiuncula Hospital and people's concerns in respect of possible reconfigurations. I am familiar with these matters as a result of events in the area I represent.

The issue raised by the Senator relates to an internal operational matter at Portiuncula Hospital, which is managed by the HSE. However, the Department of Health and Children has been informed by the HSE that concerns were raised by senior nurse management in respect of communication, morale and working relations. Hospital management engaged a third party to undertake a review that would include recommendations, as appropriate. This approach was agreed with the Irish Nurses Organisation, INO, which advised its members to participate in the process.

The HSE also informed the Department that failure to comply with an instruction from the general manager to two assistant directors of nursing to participate in the review resulted in the disciplinary procedure being invoked. On appeal to the director of the National Hospitals Office, the complaint of insubordination was upheld with a lesser sanction and the staff were asked to return to work on 10 November 2008. On that date, the staff in question informed management that they were on sick leave. Industrial action by the INO commenced on 17 November and was lifted on 24 November following agreement by the INO and the HSE on two matters, namely, an independent review of the HSE disciplinary procedure in this case, with recommendations for future situations, and the appointment of an agreed mediator to manage an orderly return to work for those assistant directors of nursing involved. Mediation hearings were held on 9 December 2008 and 12 January 2009. These were organised by the Health Service Executive employers agency but they have not proven successful to date.

The return to work of the assistant directors of nursing has been hindered by the insistence of the INO that all records of disciplinary sanction be removed from the files of the assistant directors of nursing and that no disciplinary action should be taken against three other assistant directors of nursing who had also refused to attend a meeting as instructed and who also went on sick leave in November 2008. Management's position is that this request is outside the terms of the November agreement. HSE management has contacted the INO and confirmed its intention to attend conciliation with a view to securing an acceptable accommodation which will allow for the orderly return to work of the five assistant directors of nursing.

Senator Nicky McFadden

I thank the Minister of State for outlining the position. However, I am already familiar with the complexities of the situation. His reply did not really provide much comfort, particularly as I asked that the Minister for Health and Children should become involved. The toing and froing involving the HSE and the INO has been taking place since September last and a satisfactory resolution has not been reached. I am of the view that it will be necessary for the Minister to bring the five nursing managers and the various other parties involved together to discuss this matter. If this happens, the authoritarian attitude that has marked the reaction to the dispute will be absent. A peace process is required in this instance. I accept that what I am seeking is out of the ordinary but that is what must be done.

Deputy Martin Mansergh

There are ample conciliation procedures available in the health service and elsewhere. In general, Ministers are advised not to intervene in disputes of this nature. If they did intervene, we would rapidly reach a position where no dispute could be resolved without the personal involvement of the relevant Minister, and that would simply not be practical. I share the Senator's desire to see this matter resolved through a display of goodwill, flexibility and pragmatism on the part of the various parties involved. Those parties must be willing to accept mediation and arbitration.

Seanad Éireann debate -
Thursday, 5 Mar 2009