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Seanad Éireann debate -
Wednesday, 29 Feb 2012

Vol. 213 No. 14

Adjournment Matters

Hospital Accommodation

I welcome the Minister of State to the House. I tabled the matter because of a commitment in the HSE South service plan to remove 13 long-stay beds from Dungarvan Community Hospital. The Minister of State will be aware that a number of short-stay beds were closed in the hospital last year and that was seen as a temporary measure. At the time, I said that I feared this was a prerequisite to the closure of long-stay beds in the hospital. The HSE issued a statement saying that would not be the case, that the hospital would not lose any long-stay beds, the closure of the short-stay beds was a temporary measure and that they would be reopened. Here we are a few short months later and an announcement has been made to close 13 beds.

A statement from HSE south says: "As a result of staff retirements, it will be necessary to reduce the long-stay bed complement of the community hospital in Dungarvan by 13." I have correspondence from Unite trade union and I spoke to some members of staff who have been informed by the hospital management that the intention is to close St. Michael's ward, which is a 16-bed ward. Which is it? We need to know and, in particular, the relatives of the patients need to know what is happening. Is it what the HSE outlined in its service plan, that 13 beds will be closed? Is it what HSE management is on the record as saying, that there will not be ward closures and that a number of beds across a number of wards will be closed? Is it the case that the hospital management are right and it is going to be the closure of the ward and the loss of the 16 beds?

I received a telephone call yesterday from the son of a resident in St. Michael's ward. The resident is 92 years of age, has been there for many years and is very comfortable in the ward. The family is very concerned that if that individual is moved, it will have an impact on his quality of life. HIQA has examined St. Michael's ward on three occasions and while it expressed some reservations about the size of the canteen, it had no concerns about safety.

HSE management says this must happen and the beds must go because of staff shortages and non-replacement of staff who are leaving. Does this not demonstrate again that the embargo on public sector recruitment and voluntary redundancies in the health service are impacting on patient care and are resulting in beds being taken out of the system? Would the Minister of State agree that in a place like west Waterford, where there is an ageing population, as we have throughout the State, removing beds from the public system in hospitals like Dungarvan Community Hospital, will have long-term and short-term consequences? It does not make sense in a country with an ageing population to close long-term beds for the elderly.

Which will happen? Will we see the HSE's position reached that 13 beds across a number of wards will close or will we see the hospital management view being adopted that St. Michael's ward will close with the loss of 16 beds? Perhaps the Minister of State can offer some clarity.

I thank the Senator for raising this issue. I am responding on behalf of my colleague, the Minister of State, Deputy Kathleen Lynch.

Recently the HSE confirmed its commitment to sustaining 101 elderly long-stay beds between Dungarvan Community Hospital and Dunabbey House. Both units operate under the management of Dungarvan Community Hospital. The hospital serves the catchment area of Dungarvan and west Waterford. The old part of the hospital dates back to 1839 but has been refurbished over the years. Services are provided in six different units and the centre provides long-term care, rehabilitation, respite, convalescence, palliative and dementia-specific services. It also caters for the young chronic sick. There are 84 long-term beds at the hospital.

Located very close to the hospital is Dunabbey House. This is a single storey, purpose-built unit and has operated as a designated centre for dependent persons since 1974. Dunabbey has capacity to provide long-term care for 30 residents. It operates as a stand-alone unit under the management structure of Dungarvan Community Hospital.

The current capacity for long-term care beds at both units is 114 beds. It should be noted that there is not at present maximum long-term bed occupancy in either Dunabbey House or Dungarvan community hospital, and 15 bedsin total are unoccupied.

The Senator will be aware that the moratorium on recruitment is impacting on the community hospital system in Waterford. The HSE South service plan for 2012 refers to the closure of 13 long-stay beds at Dungarvan Community Hospital arising from the retirement of staff. It proposes to reorganise beds by moving residents to other parts of the hospital more appropriate to their needs, and to avail of superior long-stay accommodation in Dunabbey House. The HSE is involved in consultation with staff and patients on the proposal to reorganise beds at the hospital. I also understand that local Oireachtas Members have been invited to attend the hospital this Friday, 2 March, to view the different facilities and have further discussions on this matter.

The Senator will be aware that towards the end of 2011, 16 short-stay beds were closed at Dungarvan Community Hospital as a cost containment measure. These beds will be reopened on a phased basis in the next few weeks.

All developments must be addressed in the light of the current economic and budgetary pressures, and any decisions taken by the HSE must have regard to this and the current moratorium. However, the care of all residents in the hospital is a priority and the HSE has given assurances that no resident currently in the hospital or Dunabbey House will be disadvantaged in any way.

I trust the House will agree that we need to ensure the highest standard of care will continue to be provided for all residents in a safe and secure environment. Providing quality and safe care will always remain at the heart of any considerations.

The HSE statement reads: "As a result of staff retirements, it will be necessary to reduce the long-stay bed complement [at] the ... hospital ... by 13." The Minister of State referred to the HSE service plan, which talks about the closure of 13 beds. This may be difficult for the Minister of State but can she give a guarantee that it will be 13 beds? I do not want to see any beds lost at the hospital, and I have made the point that we are talking about long-stay beds for older people at a time when we have an ageing population, but the HSE is saying 13 beds will be closed. What I have been told by staff at the hospital and by Unite trade union that represents the staff is that it is intended to close St. Michael's ward, which has 16 beds. Can the Minister of State confirm 13 beds will be closed, not 16? I do not agree with any bed closures in the hospital because of the impact it will have on patient care, but people deserve to know exactly what will happen. I will attend the meeting in the hospital on Friday, to which the Minister of State referred. It is important, if the HSE is saying one thing and the hospital management is saying something else, that there is joined-up thinking and we are told by the HSE exactly what is happening in order that we can deal with it. Is the Minister of State in a position to confirm that only 13 beds will close, not 16?

I can only repeat what I have in writing from the HSE, that the HSE South service plan for this year refers to the closure of 13 long-stay beds at Dungarvan Community Hospital. That is the situation and, in addition to that in terms of numbers, there is a commitment that the 16 short-stay beds that were closed in the hospital are to reopen on a phased basis over the next few weeks. It is there in black and white. I do not know if the Senator attended the briefing on the service plan but presumably the situation was clarified at that. I am told the service plan provides for the closure of 13 beds, that is my understanding of the situation and I have no reason to believe that is not the case.

Seirbhísí Cúirteanna

Is breá an rud é Aire le Gaeilge a fheiceáil istigh arís atá ag déileáil leis an ábhar seo agus tááthas orm go bhfuilimid ábalta déileáil leis as Gaeilge.

Ceist réasúnta soiléir atá ann i ndáiríre maidir le Seirbhís na gCúirteanna. Tuigimid go bhfuil cuid mhaith státseirbhísigh tar éis glacadh le pacáiste iomarcaíochta a d'ofráil an Stát agus go mbeidh daoine ag fágáil na seirbhísí sin. Tá mé ag iarraidh léargas a fháil, más féidir, briseadh síos ar na figiúirí a fháil go réigiúnach, cá bhfuil sé ag titim, cé mhéad duine atá ag súil leis an tseirbhís a fhágáil agus, go tánaisteach, cén impleachtaí a bheidh aige seo maidir le soláthar seirbhísí as Gaeilge sna cúirteanna.

Tá sé tráthúil go bhfuil an tAire Stáit anseo mar tuigeann sé go rímhaith an tábhacht a bhaineann le seirbhís as Gaeilge a bheith ar fáil sna cúirteanna, go háirithe i dtaca leis an straitéis 20 bliain atá foilsithe aige féin, agus go mbeadh daoine ábalta cásanna a thógáil trí mheán na Gaeilge. Tá an ceart sin ag gach saoránach. Tá sé fíorthábhachtach go bhféadfaí cás a thógáil as Gaeilge in aon cheann de na cúirteanna ar fud na tíre agus bhí mé ag iarraidh soiléiriú a fháil ar an gceist sin.

Tuigim go raibh cás i Maigh Eo anuraidh a caitheadh amach. Bhí beirt tábhairneoir ag lorg ceadúnais agus bhí daoine tar éis cur in aghaidh an cheadúnais dí a bhí acu. Ní amháin nach raibh an fhoireann ábalta déileáil leis an gcás as Gaeilge, ach caitheadh amach an cás toisc nach raibh an bun-Bhille ar a raibh an rud bunaithe le fáil as Gaeilge. Dá bhrí sin, bhí a gcuid cearta sáraithe.

Tá an dá cheist ceangailte le chéile — na cearta atá againn mar shaoránaigh cásanna a thógáil as Gaeilge trí Sheirbhís na gCúirteanna agus na himpleachtaí a bheidh ag an ngearradh siar ar an earcaíocht, ar an bhfoireann a bheidh ábalta na seirbhísí sin a ofráil agus ar na cearta sin, go háirithe i gcomhthéacs na Gaillimhe mar dúirt daoine atá gar do sheirbhísí i nGaillimh go bhfuil líon mór daoine in ainm is a bheith ag fágáil na seirbhíse sa chathair agus sin cuid den dream a bhíonn ag freastal ar Chonamara ó thaobh theach na cúirte i nDoire an Fhéiche de. Níor mhaith liom go bhfeicfimis aon lagú ar na seirbhísí sa chúirt ansin mar is í sin ceann de na cúirteanna is láidre atá ag feidhmiú trí mheán na Gaeilge ar fud na tíre. Bheinn an-bhuíoch den Aire Stáit as soiléiriú a fháil ar an gceist seo.

Thar ceann an Aire Dlí agus Cirt agus Comhionannais, ba mhaith liom buíochas a ghabháil leis an Seanadóir as an ábhar seo a tharraingt aníos ar dhíospóireacht ar an Athló agus gabhaim buíochas leis as rún a chur thíos i dteanga na muintire a bhfuil sé ag labhairt ar a son. Deirim sin ní amháin mar Aire Stáit ach mar fhear Ghaeltachta mé féin.

Mar a thuigfidh an Seanadóir, faoi fhorálacha an Achta um Sheirbhís Chúirteanna 1998, tá an tseirbhís freagrach as na cúirteanna a bhainistiú agus níl aon ról ag an Aire san ábhar.

Táim cinnte de go dtuigfidh an Seanadóir, fosta, go bhfuil dualgas ar an tSeirbhís Chúirteanna, mar atá ar gach eagraíocht earnála poiblí eile, deimhin a dhéanamh de go mbaintear an leas is éifeachtaí as acmhainní d'fhonn leanúnachas seirbhíse a chinntiú, le buiséid agus acmhainní laghdaithe. Beidh níos mó solúbthachta maidir leis an leas a bhainfear as na hacmhainní a bheidh ar fáil fíorthábhachtach agus seachadadh seirbhísí cúirte ar an líne tosaigh a choinneáil agus tá na háiseanna cúirte go léir faoi réir athbhreithnithe leanúnaigh, agus ní bheidh aon ionad cúirte ná oifig chúirte fágtha as an áireamh sa phróiseas seo.

Le laethanta beaga anuas, rinneadh tuairisciú sna meáin maidir le himpleachtaí na laghduithe ar acmhainní soláthair foirne do sheirbhísí cúirte. Tá dearbhaithe ag an tSeirbhís Chúirteanna go bhfuil scrúdúá dhéanamh aici ar bhealaí chun an éifeacht a bhaineann le daoine a bheith ag dul ar scor ar sheirbhísí líne tosaigh a mhaolú. Féadfaidh sé gurb eol don Seanadóir go bhfuil an tAire ar an taifead sa Dáil cheana féin tar éis do fhaisnéis a chur ar fáil maidir le daoine a bhí le dul ar scor, mar fhreagra ar cheisteanna parlaiminte.

Déileálfaidh mé ar dtús leis an tionchar a bheidh ag na daoine atá ag dul ar scor ar sheachadadh seirbhísi trí Ghaeilge, ábhar atá luaite go sonrach ag an Seanadóir. Tá curtha in iúl ag an tSeirbhís Chúirteanna, mar fhreagra ar fhiosrúchán ón Aire, nach bhfuil sí ag súil le haon athrú ar sheachadadh seirbhísí i nGaeilge, cibé acu i nGaillimh nó in aon ait eile sa tír, de dheasca na ndaoine atá ag dul ar scor faoi láthair.

Díreoidh mé anois ar na himpleachtaí don tSeirbhís Chúirteanna i dtéarmaí líon na bhfoirne atá ag dul ar scor. Tá dearbhaithe ag an tseirbhís don Aire go mbeidh 53 ball foirne tar éis dul ar scor idir an 1 Eanáir agus an 29 Feabhra 2012, is é sin, go mbeidh 121 duine san iomlán tar éis dul ar scor as an tseirbhís trí scor a bhaint le haois nó trí luathscor a bhí neodrach ó thaobh costais de sa tréimhse 1 Feabhra 2010 go dtí 29 Feabhra 2012. Déanann na daoine seo a bheith ag dul ar scor difear do Bhaile Átha Cliath agus d'ionaid chúigeacha araon agus beidh difríocht sa tionchar a bheidh aige sin, ar ndóigh, ag brath ar mhéid na n-ionad, líon na bhfoirne a bheidh ann i gcónaí, an deis ar thrasaistriú foirne san ionad agus réimsí scileanna na bhfoirne a bheidh ann i gcónaí.

Is fiú a lua go bhfuil sraith bheart pleanála fórsa oibre i bhfeidhm ag an tseirbhís le trí bliana anuas chun a chinntiú go mbainfear an leas is éifeachtaí as na hacmhainní atá ar fáil. Ar na bearta sin, tá oifigí cúirte comhcheangailte il-dlínse a chur ar bun ar fud na tire, lárú próiseas, athbhreithniú leanúnach ar acmhainní agus leithroinnt acmhainní, lena n-airítear ath-imlonnú go seirbhísí líne tosaigh.

Rinneadh athbhreithnithe i gcomhthéacs athruithe móra a bheith tite amach in Éirinn, lena n-airítear athruithe daonra, sóisialta agus infreastruchtúir, rochtain níos fearr ar iompar nua-aimseartha agus bóithre feabhsaithe agus, ar na mallaibh, na deacrachtaí reatha airgeadais. Bhí 50 bliain ann ó rinneadh an t-athbhreithniú deireanach ar obair na Cúirte Dúiche. An toradh a bhí ar na n-athbhreithnithe ná cuíchóiriú ionad cúirte agus oifigí cúirte. Rinneadh cuíchóiriú agus caighdeánú ar nósanna imeachta cúirte, fosta, agus baintear níos móúsáide as an teicneolaíocht ag tacú leis na cúirteanna agus le seirbhísí cúirte. Chuidigh an bhunobair a rinneadh go mór le cumas na seirbhíse na dúshláin reatha a bhainistiú.

Tá pleananna sonracha i bhfeidhm ag an tSeirbhís Chúirteanna fosta chun aghaidh a thabhairt ar an idirthréimhse díreach i ndiaidh an 29 Feabhra 2012. Tá plean teagmhais mionsonraithe i bhfeidhm do Bhaile Átha Cliath ina gcuimsítear na bearta atá leagtha amach thuas agus atá leagtha amach chun deimhin a dhéanamh de go gcoimeádtar suíonna cúirte ag leibhéil 2011.

Tá plean teagmhais i bhfeidhm d'ionaid chúigeacha fosta. De dheasca na slí a bhfuil seachadadh seirbhíse roinnte, áfach, beidh srianta ar rochtain an phobail ar sheirbhísí, mar aon le laghduithe ar sheachadadh seirbhíse ag roinnt ionad, dosheachanta ma tá suíonna cúirte le coinneáil agus croí sheirbhísí cúirte le cur ar fáil. Ar na bearta atá i bhfeidhm chun dul i ngleic leis na saincheisteanna sin tá poist oibríochta thábhachtacha agus líne tosaigh a líonadh, níos móúsáide a bhaint as trasaistrithe chun poist den chineál sin a líonadh, níos mó solúbthachta i dtaca le hacmhainní foirne a úsáid agus acmhainní a ath-imlonnúó Ranna eile Rialtais agus óáisíneachtaí eile i gcas ina gceadaítear sin.

Ina theannta sin, leanfaidh an tseirbhís uirthi ag obair go dlúth le hUachtaráin na gCúirteanna chun a chinntiú go gcoinnítear suíonna cúirte. I gcásanna airithe, beidh de thoradh air sin go mbeidh srianta áirithe ar rochtain an phobail ar sheirbhísí i gcás ina ndéanfar tosaíocht a thabhairt d'acmhainní chun go bhfeadfaidh suíonna leanúint ar aghaidh.

Thar ceann an Aire Dlí agus Cirt agus Comhionannais, ba mhaith liom buíochas a ghabháil leis an Seanadóir as an ábhar a tharraingt aníos agus is mór agam an spéis atá aige i riaradh éifeachtach éifeachtúil an cheartais in Éirinn. Táim cinnte de go dtuigfidh an Seanadóir an gá atá leis na laghduithe ar líon foirne i bhfianaise an chomhthéacs deacair atá ann faoi láthair ó thaobh na heacnamaíochta de. Mar atá leagtha amach agam cheana féin, tá an tSeirbhís Chúirteanna, le roinnt blianta anois, ag déanamh na bunoibre chun feabhas a chur ar éifeachtúlacht agus leanfaidh sí uirthi ag obair chun na torthaí is fearr a bhaint amach laistigh dá hacmhainní.

Fáiltím go háirithe roimh an nóta iontach soiléir ansin nach mbeidh aon ghearradh siar ar sheirbhísí trí Ghaeilge sna cúirteanna. Is scéal dearfach é sin. Cuireann sé beagán imní orm ná cé go bhfuil leibhéal na gcúirteanna agus seirbhísí a choinneáil mar a bhí in 2011 i mBaile Átha Cliath, is cosúil go réigiúnach go mbeidh gearradh siar ar na suíonna cúirte. Feictear dom gurbh fhearr nach dtarlódh sin agus go gcuirfí in iúl don Aire ar bhonn réigiúnach gur mhaith linn go gcoinneofaí an méid suíonna cúirte chomh hard agus is féidir. B'fhéidir ós rud é go bhfuil an tAire Stáit féin ag plé le cúrsaí Gaeilge agus Gaeltachta, cuirfidh sé i láthair an Aire maidir le seirbhís Chúirte Dúiche Dhoire an Fhéiche i gConamara an tábhacht a bhaineann léi mar sheirbhísí cúirte trí Ghaeilge sa Ghaeltacht. Bunseirbhís í sin atá iontach tábhachtach dúinn agus tuigtear dom go bhfuil seisear le himeacht as an bhfoireann i nGaillimh agus níor mhaith go bhfeicfear aon laghdú air sin.

Is cinnte go gcuirfeadh sé isteach orainn go léir dá mbeadh gearradh siar suntasach ar sheirbhísí Gaeilge. Aon áit a bhfuil éileamh orthu is ceart go mbeidh siad ar fáil, cé acu atá sé sa Ghaeltacht nó taobh amuigh, agus tá a fhios againn go mbíonn éileamh ar sheirbhísí cúirte trí Ghaeilge fiú lasmuigh den Ghaeltacht. Tá athbhreithniú ag dul ar aghaidh agus na pointí a rinne an Seanadóir maidir leis an chúirt áirithe i nDoire an Fhéiche, cuirfidh mé sin in iúl don Aire chomh luath agus is féidir.

Social Welfare Benefits

I thank the Minister of State for coming to the House to deal with this important issue, about which I have been very concerned for the past two years. It concerns how medical referees in the Department of Social Protection seem to be dealing with applications for disability allowance, invalidity pension and carer's allowance, in particular. There seems to be an unwritten rule that they refuse almost every application and send applicants along the appeals route which takes between nine and 12 months to complete for persons who are hard-pressed and want answers. They are put on a merry-go-round, which is unfair.

Let me give some examples. A constituent of mine was looking after his wife who had Parkinson's disease. He took two years off work and received carer's benefit. At the end of the two year benefit period he applied for carer's allowance. Even though his wife's condition was deteriorating, the medical profession deemed that she was not unfit for work and the application for carer's allowance was refused. Another man who suffers from severe depression, has restricted mobility in his left leg, to a level of 5%, and is incontinent has been told he does not need a full-time carer, even though he actually has one. In another case a man from the Czech Republic here on a special visa to work as a specialist butcher in a local factory, in which a crate of meat fell on top of him, seriously damaging his spinal cord and hip, which means he walks in a way that indicates he is severely disabled, has been told he might be fit to do light work and thus will not receive disability allowance, despite the fact he does not have three words of English.

I am well aware that in the good times, when there was plenty of money available, disability allowance, invalidity pension and carer's allowance was paid to people who perhaps did not fully deserve it. I have often cited the example of a man I know who receives blind pension, yet goes into town every day to buy the Daily Star. That happened in the past and I certainly disagreed with it. However, the wheel has now turned full circle and what is being done is totally unfair. If Christy Brown was to apply for disability allowance now, he would be told he was not eligible because he would be able to type with his big toe. It is becoming ridiculous and somebody has to take the issue by the scruff of the neck. Somebody has to tell departmental officials to tell medical referees that what they are doing to people is unfair. They have no idea how they are being affected.

When appeals are heard, it turns out that 50% of decisions made are overturned. If that is the case, it means the medical referees have made a mistake in 50% of cases. Either they are able to do their job, or they are not. Otherwise, it must be the case that they are being told to do it in a particular way. I want to know what has changed in the past two years and what the Minister will do to rectify the matter.

I thank the Senator for raising this issue. There is frustration among members of all parties. I have no doubt, however, that the Minister will strive to improve the position, particularly as the number of decisions overturned on appeal does not make sense. We must work hard to deal with the matter.

I am replying on behalf of the Minister for Social Protection. With regard to the medical criteria used in qualifying for disability allowance, a person must be suffering from a medical condition which has continued or may reasonably be expected to continue for a period of at least one year and, as a result of the condition, the person must be substantially restricted in undertaking work which would otherwise be suitable, having regard to the person's age, experience and qualifications. In the case of invalidity pension, a person must have been incapable of work for at least 12 months and be likely to be incapable of work for at least a further 12 months, or permanently incapable of work. In the case of carer's allowance, the person receiving care must require full-time care and attention. The person receiving care is regarded as requiring full-time care and attention where he or she is so incapacitated as to require continuous supervision in order to avoid danger to himself or herself or continual supervision and frequent assistance throughout the day in connection with normal bodily functions, and is so incapacitated as to be likely to require full-time care and attention for a period of at least 12 months.

The medical assessment of eligibility for illness and disability-related schemes is determined by the Department's medical assessors. These are fully qualified medical practitioners who have experience and training in the field of disability and occupational medicine. Medical assessments are made in accordance with the Department's evidence-based medical guidelines and protocols.

Applicants for illness and disability-related schemes are afforded every opportunity and encouraged to furnish all medical evidence available to them in support of their claims at the time of claim. In the case of disability allowance and carer's allowance, the applicant's or caree's GP or consultant is required to certify the nature of the illness as part of the application process. In the case of invalidity pension, most claimants transfer from illness benefit where medical records will already be available to the Department.

All medical evidence furnished by the applicant is considered during the assessment, but, in some cases, despite the Department's advice to claimants that they submit all medical evidence at claim stage, complete medical evidence is furnished only at appeal stage. As an indication of the level of appeals, in 2011 in the case of disability allowance, there was an appeals rate of some 23%, while in the case of invalidity pension and carer's allowance, there were appeals rate of some 13%.

Yet again I could have written the response myself, having been a community welfare officer for 28 years. I do not need to be told by a civil servant who qualifies for what payment. The issue is that despite the fact medical referees have sufficient experience and training in the field of disability and occupational medicine, 50% of their decisions have been reversed by somebody at a higher level.

Another gripe of mine is that if somebody is unhappy about a decision made by a medical referee in regard to a caree, that is, somebody who needs full-time care and attention, that he or she does not need somebody to care for him or her, and the caree seeks an oral hearing, the only person from whom the Department will hear is the applicant. It is not the applicant the Department should be dealing with but the caree. Departmental officials should have the person who needs care and attention sitting in front of them to assess whether he or she actually needs care and attention. Instead, it is the applicant who is hauled before them. They cannot make a determination in that way.

While there is a notion that the transition is smooth where a person moves from illness benefit to invalidity pension, it is not. I am aware of any amount of cases in which people have been in receipt of disability benefit for a long period, but, of late, when they apply for invalidity pension, they are told they are fit for work.

I would appreciate it if the Minister of State sent a strong message to the appropriate Minister in order that we can have these problems rectified.

As someone who learned the hard way, I can see that the Senator seems to know what he is talking about. Putting pen to paper is often a help. A Minister sometimes needs guidance. I, therefore, propose that the Senator put pen to paper and make, say, six points on how the criteria could be met. This does work. Lobbying in a constructive manner cannot be beaten. The Senator should, therefore, put pen to paper and explain what is going wrong. We are all dealing with the same problem, day in and day out. Changes are slow in coming and appeals take a long time. The Minister needs people like the Senator who knows the system inside out to explain what changes are needed. The Senator should consider doing what I have suggested.

I agree with the Minister of State that it is possible as long as the Minister deals with the issue, not the civil servants.

Animal Diseases

Cuirim fáilte roimh an Aire Stáit go dtí an Teach. Will he outline the specific steps the Department of Agriculture, Food and the Marine is taking to prevent the spread of the Schmallenberg virus, which is currently affecting livestock in parts of England and elsewhere in Europe, to Ireland? Since the 1990s the livestock industry has been affected by several diseases, including the bovine spongiform encephalopathy, BSE, outbreak and the foot and mouth disease outbreak which followed quite soon thereafter. What prompted me to raise this matter was my recollection of the effective measures taken by the then Minister, Joe Walsh, to protect livestock here from the outbreak of foot and mouth disease in Britain. It would have been devastating for us if there had been an outbreak of that disease on a wide scale. In more recent years we have had scares in regard to swine flu and avian flu. Some of these diseases, particularly BSE, pose significant risks to human health.

The Schmallenberg virus is somewhat more complex because the contagion is from a different source than is the case in respect of foot and mouth disease, for example. My objective in bringing this issue to the Minister's attention is to raise awareness of the outbreak of the virus, ascertain the steps being taken and, through raising awareness, encourage precautions to be taken against it. The virus was apparently first detected in the small town of Schmallenberg in Westphalia and soon spread across Germany and into the Netherlands. It is suspected that it was carried from there into southern England by wind-borne midges. The disease is similar to bluetongue in that regard, an outbreak of which occurred here many years ago. Unlike bluetongue, however, there is no vaccine for the Schmallenberg virus and scientists are indicating that it could be several years before one is developed.

The incidence of the virus is not as yet very extensive in England, but its effects have been seen on sheep, in particular, and cattle. Lambs are especially affected, with 10% to 25% of those exposed to the virus born either deformed or stillborn. I understand that in cattle the disease has an effect on milk yields. This amounts to a significant adverse impact for the agricultural sector. While the outbreak is not extensive in our neighbouring country, we should have people on notice and take whatever measures are considered necessary in order to prevent cattle and sheep in this country being affected. I look forward to the Minister of State's response.

I am taking this Adjournment matter on behalf of the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney. Coming from a farming background, I am aware that there is no point in attempting to deal with these types of issues once they have already become a problem. The greater people's awareness of this disease, the more precautions they will take. It is an important issue at a time when agriculture is a lifeline for our economy. We cannot afford to put that at risk. As such, I compliment the Senator on raising the matter.

Ireland's animal health status is the bedrock of our food industry at all levels and crucial to our economic recovery. We will not do anything to undermine or jeopardise this very valuable resource. Proof of the value of our high animal health status is reflected in the fact that the value of Irish food and drink exports have reached an all-time high of €8.85 billion. As a result, the sector accounted for 25% of the rise in total export revenue. In the past two years, the value of Irish food and drink exports has increased by €1.8 billion, or 25%.

The Schmallenberg virus, named after the town in Germany where the disease was first identified, was confirmed in December 2011 following the birth of deformed lambs in the Netherlands. Its manifestation in adult cattle, as low grade fever and unexplained milk drop from which animals made a full recovery, had been under investigation in Germany and the Netherlands since the summer of 2011. It has now been recorded in seven member states, namely, Germany, Belgium, France, Luxemburg, the United Kingdom, the Netherlands and Italy, on some 1,000 farms in total out of a total ruminant population of 85 million. It is not a notifiable disease.

Identified hosts so far are cattle, sheep, goats and bison, but the two main hosts are adult cattle and sheep where it manifests as a transient febrile illness with milk drop in adult cattle and in the form of congenital malformations in newborn and aborted animals, mainly sheep. Based on current available information, experts conclude that the risk for human health is negligible. This advice has been given by the European Centre for Disease Prevention and Control. International experts have also determined that the time during which the virus circulates in the bloodstream of an infected animal, and is thus in a position to be a source of disease, is short. It is part of the Simbu serogroup of viruses that are primarily transmitted by insect vectors, mainly midges and mosquitoes. There is no evidence of direct transmission from animal to animal other than maternal transmission from mother to offspring in utero. Exposure to a similar virus, the Akabane virus, which is widespread in Australia, induces strong immunity in the infected animal.

There are no trade implications for the movement of animals or products within the European Union arising from the outbreak of the disease. In other words, animals may be moved subject to normal health inspection and certification systems. However, third countries have responded on the trade issue in different ways. Some, including the Russian Federation and other customs union countries, have applied widespread trade restrictions pending further information and additional assurance in respect of animals and animal products from affected countries. Certain countries have suspended trade in germinal products from the EU while seeking additional health guarantees. Other third countries have sought additional information.

There is no treatment or vaccine available for the Schmallenberg virus. As it is a new disease, further work is needed to determine what control measures may be appropriate. The European Commission, in co-operation with the member states, through the Standing Committee on the Food Chain and Animal Health, SCoFCAH, and the states' chief veterinary officers, recognising that information on the Schmallenberg virus is fragmented, has concluded that further data are required on in four aspects. These are: vector distribution; susceptible species; current stage of the epidemic — peak, decline and so on; and epidemiological data on herd incidence, prevalence, morbidity, etc. Accordingly, the European Food Safety Authority, EPSA, has been tasked with collecting the required data and preparing an overall assessment of the impact of the infection on animal health, animal production and animal welfare, together with a characterisation of the pathogen, by 31 May 2012.

In view of the action of certain third countries to which I alluded, the EU has stressed the need for a consistency in approach to third countries in line with World Organisation for Animal Health, OIE, recommendations that there is no justification for any ban on milk or meat. No trade restrictions should be accepted on meat, milk and by-products as these commodities do not pose any risk for Schmallenberg virus transmission, it being a vector-borne disease. In the case of a virus from the same family, the Akabane virus in Australia, no restriction is placed on international trade in animals or animal products.

As I said, there is no evidence that the disease is present in Ireland. Equally, there is no suitable routine test to enable us to prove it is not present as no blood test exists for appropriate surveillance. However, a polymerase chain reaction, PCR, test — essentially a DNA test — to detect the virus is currently in use in the Department of Agriculture, Food and the Marine's central veterinary research laboratory. Some 48 samples tested to date from animals presenting with clinical signs associated with infection have tested negative.

We in the Department agree fully with the approach the EU has taken in addressing this situation and its conclusion, as endorsed by the OIE, that no additional risk is posed through intra-Community trade in animals. In common with other member states, we are collating the required laboratory and epidemiological information to assist in risk evaluation and risk management. We are in continuous contact with our counterparts in Northern Ireland, who are adopting a similar approach, and in all member states. We have notified relevant persons, including veterinary staff and private veterinary practitioners, to report and submit samples of any animals showing unexplained clinical symptoms of the virus or of suspect birth defects. We have also provided information on our website and have made information available in the printed media.

As I explained, the information available on the Schmallenberg disease virus suggests that it is part of the Simbu serogroup of viruses that are primarily transmitted by insect vectors, including midges and mosquitoes. We are in the vector dormant season when the level of vector activity is such that the risk of disease spread is minimised. It is worth repeating that there is no evidence of direct transmission from animal to animal, other than maternal transmission from mother to offspring in utero.

Applying additional controls at entry points, given the vector route of transmission, would not add anything by way of increased bio-security. Such a move would also be contrary to current European animal health law, given, in particular, that Ireland is not in a position to prove freedom from the disease. Single Market rules preclude member states from interfering with intra-Union trade in animals, except on legitimate animal health grounds. Accordingly, animals are free to move in trade in the Union provided they are certified as being compliant with animal health rules. My Department urges importers to ensure such imports are fully compliant with EU rules and that they operate to the highest standards of bio-security to ensure no diseases are introduced to Ireland via such imports or the vehicles transporting them.

As stated, we treat any threat to our animal health status with the utmost seriousness. We will continue to monitor this developing situation, maintain close contact with our colleagues in Northern Ireland and review and modify our response, as appropriate, in the light of any new information that becomes available or through the development of new testing capabilities.

I thank the Minister of State for his comprehensive response. As the prevailing winds are in our favour, we will avoid the spread of the disease here. When tabling the motion I expected to hear that there was a spray available which would act as a repellant to midges and thus protect animals. However, as the Minister of State did not mention one, that may not be the case. Perhaps he might inquire if such a spray is available. The best approach at this stage might be to create awareness of this problem and ask people to be mindful of it.

I will make inquiries on behalf of the Senator whom I again thank for raising the matter. As agriculture is our biggest industry, we must take all precautions to protect it. I will update the Senator if we receive further information on the matter.

The Seanad adjourned at 7.55 p.m. until 10.30 a.m. on Thursday, 1 March 2012.
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