Adjournment Matters

Farm Inspections

Senator Lorraine Higgins

I welcome the Minister. The issue I raise is the ongoing situation with farm inspections, particularly in Galway East. Indeed, since I raised this matter on the Order of Business last week I have been informed that it occurs in other parts of the country. A practice exists whereby inspectors are arriving on farms to conduct inspections without giving any prior notice to the farmer. Some of the inspectors from the Department are arriving under the guise of the animal feed and hygiene regulations, where no notice period is required under EU law. However, they then carry out tagging inspections on cattle and sheep, even though 48 hours notice is required, and further inspections on land eligibility, where up to 14 days notice should be given.

When they carry out these departmental inspections in this manner it is clear they are in flagrant and utter disregard of the law. In effect, they are acting illegally. As a consequence, the farmers of east Galway dread hearing about departmental inspections. There is a huge element of fear throughout the community. Often farmers are afraid to stand up for their rights for fear of any detrimental action being taken against them, specifically against their single farm payment. It is wrong and an unacceptable reign of terror over the farming community. These people are completely unaware of their rights and EU law. A new charter of rights must be sent to all farmers in Ireland so they can be fully informed of their rights.

Does the Minister agree that there is a problem with this matter? If so, can the Minister outline what steps the Department will take to alleviate this unacceptable situation?

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

I am replying to this matter on behalf of the Minister of State at the Department of Agriculture, Food and the Marine, Deputy Shane McEntee.

In the context of delivering the single payment scheme, disadvantaged areas scheme and other area based schemes, the Department of Agriculture, Food and the Marine is required to carry out annual inspections covering the eligibility of the land declared to draw down payments and cross-compliance to ensure compliance with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare. These inspections are mandatory; there are certain minimum numbers and types of inspections that must take place annually.

Land eligibility checks must be carried out on 5% of applicants. These checks are carried out to verify that the actual area claimed in the application corresponds to the area farmed by the farmer and to ensure that any ineligible land or features are deducted. Up to two-thirds of these inspections are carried out without a farm visit as the information is verified using the technique of remote sensing via satellite.

The rate of inspections for cross-compliance is 1% of applicants to whom the statutory management requirements, SMRs, and good agricultural condition, GAEC, apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements while 3% of sheep and goat farmers must be inspected covering 5% of the flock. It is a regulatory requirement that all land eligibility inspections must be finalised before any payments can issue to any farmer in the country in a given year. On the other hand, cross compliance inspections take place throughout the calendar year and can be carried out after the payment has been made. In 2010, in an effort to minimise duplication of farm inspections between the two Departments, the Department of Agriculture, Food and the Marine agreed to carry out some 1,600 nitrates inspections under the GAP regulations on behalf of the Department of the Environment, Community and Local Government. This arrangement was retained in 2011 and 2012 and is working well.

In so far as advance notice of inspections is concerned, in general, all inspections should be unannounced. However, the regulations allow the Department to give up to 14 days notice for land eligibility and cross-compliance inspections involving statutory management requirements, other than those related to animal identification and registration, food, feed and animal welfare. For checks involving cattle identification and registration the maximum advance notice is 48 hours, provided the purpose of the inspection is not jeopardised. For SMRs dealing with feed, food and animal welfare, no advance notice may be given; these must take place on an unannounced basis.

As a general rule and following requests from the farming organisations, the Department tries to integrate inspections, including all of the cross-compliance inspection elements, with a view to minimising the number of farm visits and avoiding more than one visit to the farm. In respect of those elements of the inspection for which advance notice is possible, the farmer can request a deferral of those particular elements for up to 48 hours in the case of animal identification and up to 14 days in the case of land eligibility. Since all eligibility inspections must be carried out before payment, these inspections are prioritised so that payments under the disadvantaged areas scheme can commence in mid-September and advance payments under the single payments scheme can commence in mid-October. In total 11,900 farmers were inspected under the 2011 schemes, including some 4,500 that were inspected using remote sensing. In other words, some 7,400 inspections involved an actual farm visit while some 130,000 farmers apply annually under these schemes.

Finally, I take this opportunity to stress the annual value of these schemes to Irish farmers. Direct payments are of critical importance to farmers and the entire Irish economy. Annually these payments amount to some €1.8 billion, of which €1.25 billion is accounted for by the single payment scheme alone. Under that scheme, total payments since 2005 have reached almost €9 billion. These payments have, in five of the past six years, commenced in mid-October and have generally been completed by the end of the same year. They have given farmers a stable guaranteed level of income during challenging economic times. Therefore, it is incumbent on the Department of Agriculture, Food and the Marine to ensure the regulatory controls are comprehensively implemented to protect such payments, thereby allowing the payments to be paid quickly and avoiding substantial EU disallowances.

Senator Lorraine Higgins

I thank the Minister of State for her succinct and detailed response. I am fully aware of the benefits of such grants to the farming community and am all for efficiency and making savings within the relevant Departments. However, it still remains the position that there is a breach of basic law with regard to the notice period. The Department of Agriculture, Food and the Marine should address this issue. In my opening contribution on this matter, I pointed out the necessity to issue a charter of rights to each member of the farming community in Ireland. I ask the Department of Agriculture, Food and the Marine and the Minister to take on board this suggestion arising from this Adjournment matter.

Deputy Jan O’Sullivan

I certainly will convey that suggestion to the Minister and the Department.

Water Conservation

Senator Colm Burke

I wish to raise an issue in respect of the water supply scheme for Glantane, Lombardstown and Lahern. There have been many problems with the scheme for a long number of years and over the past 12 months in particular. Since January of this year, a number of sections of the scheme have been closed down and a large number of houses have been left without water for up to a week at a time. Cork County Council has been obliged to supply a water tanker to the village in Glantane and a number of new housing estates in the area lack a regular water supply. As for the current scheme, 5.2 km of pipes must be replaced and I understand it comprises an old type of asbestos pipe that is no longer suitable and should be replaced. I further understand the county council has applied to the Department for the necessary funding. It has deemed this to be an emergency situation in which the area has the worst water supply problems in the county. As quite a number of new houses were built there, a considerable number of young families live in the immediate area. While they are reliant on the water supply scheme, unfortunately they find themselves without water on many mornings. Therefore, to ensure a water supply in the morning, they are obliged to keep water in tanks in their own houses. I ask the Minister to give priority to this matter. The county council has inspected the system and has agreed it must be replaced. I am given to understand by Cork County Council that it wishes to give priority to the scheme but needs funding, the only source of which is the Department.

Deputy Jan O’Sullivan

I thank Senator Colm Burke for raising this issue of water conservation, which is a priority area under the Department's water services investment programme. The main objectives of the water conservation programme are to reduce water loss in the public supply networks, to obtain value for money by deferring capital expenditure on new water supply schemes through improved supply and reduced consumption, and to ensure environmental protection by deferring the need to develop new water sources.

There are three distinct stages to water conservation on public water supply schemes. The first stage involves a local authority putting in place a water management system to enable the authority to monitor water use and loss throughout the supply networks. Under the second stage of the programme, the authority establishes an active leakage control programme, which involves locating and fixing leaks and based on the results of these two stages, the authority must establish a prioritised pipe rehabilitation strategy for its area. The final stage comprises the rehabilitation and replacement of defective supply networks where repair has proven to be uneconomic due to the age or condition of the pipes.

Over the past decade funding has been provided to local authorities to carry out water conservation works, mainly for the first two elements I have outlined. It has led to some reductions in unaccounted for water, improved knowledge of the condition of water distribution networks and consumption patterns, and an improvement in the level and quality of supply to consumers. Exchequer spending on water conservation over the past ten years amounted to €168 million. This investment provides the platform for intensive investment in mains rehabilitation, which is a key priority under the Water Services Investment Programme 2010-13. This programme was based on needs assessments carried out by local authorities, which prioritised key contracts and schemes in this area, with a requirement to give top priority to water conservation works as an alternative to new infrastructure provision. A greater proportion of the funds available annually under the programme is being assigned specifically to water conservation works.

In the case of County Cork specifically, the council has not yet completed the preliminary phases of water conservation, including the strategy for rehabilitation for water mains on a countywide basis. However, the council has recently submitted an advanced stage rehabilitation works proposal to the Department for water conservation works in 141 separate locations throughout the county. This includes proposals to rehabilitate almost 4 km of water main in the Glantane, Lombardstown and Lahern areas.

As a general rule and in the interests of securing best value for money from Exchequer investment, the Department does not authorise a local authority to undertake mains rehabilitation works unless the authority has largely implemented the water management and leakage control works necessary throughout its functional area and has completed its strategy for mains rehabilitation on a prioritised county-wide basis. In some good news however, given the priority attached to water conservation and the level of unaccounted for water in County Cork, the Department has undertaken to assess the advanced stage rehabilitation works proposals, including consideration of whether funding can be provided at this stage for the proposals it contains for water main rehabilitation works in the Glantane, Lombardstown and Lahern areas.

Senator Colm Burke

I thank the Minister of State for her response. The problem for residents in the area is this has become such a priority on foot of 20 breaks since 1 January and there does not appear to be a solution. The county council has put in place pressure valves to try to resolve the problem to an extent by stopping the breakage that is taking place. However, this appears to be a temporary solution only, as the entire pipe network appears to be collapsing. Consequently, I ask the Department to give priority to this area if at all possible, given the council has even costed the work. I appreciate the Minister of State's comprehensive answer on the matter.

State Examinations

Senator Martin Conway

I tabled this Adjournment matter because I have dealt with a case that is an indictment of the education system. It pertains to twins, both of whom applied for a special dispensation in their leaving certificate examination process because they are identically dyslexic. One was granted special arrangements while the other was not, simply because the second girl may have been a little brighter than the first and her examination results were a little better. Despite having identical medical issues — the position regarding their dyslexia was identical — the State Examinations Commission decided to discriminate against one and show favouritism to the other. The director of the Association for Higher Education Access and Disability, AHEAD, also wrote a strongly-worded submission, which I have read, to the State Examinations Commission in support of the second student. Unfortunately, no response to that letter has been received to date.

Upon examining the State Examinations Commission and its remit, it appears to be answerable to no one. It is not answerable to either the Ombudsman for Children or these Houses and is only answerable to the Department. It can decide itself when to respond to letters. It can also decide arbitrarily whether to give special arrangements to people with disabilities. An argument is being put forward to the effect the middle classes are using the State Examinations Commission's special arrangements in some cases to secure additional time, facilities and so on for their young people. While I understand that all systems, including this one, are open to abuse, if even a single child is discriminated against because of such thinking, it simply is not good enough.

I am asking that the Ombudsman for Children be given a remit in this area. In regard to the specific case I have raised, I ask that the Minister of State, Deputy O'Sullivan, bring to the attention of the Minister for Education and Skills, the need for him and his officials to intervene with the State Examinations Commission in the remaining three to four weeks before the leaving certificate examinations commence to ensure the person concerned, who is a citizen of this State, is given parity of esteem and equality with her sister who suffers from the same condition as she does. This discrimination between two siblings is absolutely appalling.

Deputy Jan O’Sullivan

I am taking this Adjournment matter on behalf of my colleague the Minister for Education and Skills, Deputy Ruairí Quinn. The State Examinations Commission, SEC, was established as an independent agency in 2003 to deal with all operational issues relating to State examinations. The Minister has no role in the appeal mechanisms for decisions made by the SEC. The SEC has provided the Minister with the following information.

Each year the SEC provides State examinations for more than 110,000 candidates in 90 subjects. There are two areas in the examination process where an appeal mechanism exists for decisions of the SEC, namely, the scheme of reasonable accommodations and examination results. The scheme of reasonable accommodations operated by the SEC is designed to assist candidates with special needs at the certificate examinations. In the context of the leaving certificate, applications for reasonable accommodations on the grounds of a specific learning disability are referred to the National Educational Psychological Service, NEPS, for consideration and those relating to physical or behavioural conditions are determined by the SEC. In all cases, a school, parent or student dissatisfied with any aspect of the SEC's decision, has access to an independent appeals committee. All members of the RACE appeals committee are independent of the SEC and their remit covers appeals against all elements of a decision taken by the SEC. All decisions and appeals are considered in light of a published framework of principles established by an expert advisory group.

A candidate dissatisfied with his or her examination results can appeal that decision. In deciding to appeal, a leaving certificate candidate has an opportunity to view his or her marked script and the published marking scheme for that subject. On appeal, a candidate's work is re-marked by a different examiner. If the candidate is dissatisfied with his or her appeal outcome he or she can have recourse to an independent appeals scrutineer. Independent appeals scrutineers are independent of the SEC. They have the power to request all documentation relating to an appeal to establish that procedures were properly carried out. In making an application to an appeals scrutineer, candidates may opt to view a remarked script and may make observations on any matter in the script.

Since its establishment the SEC has engaged with the Office of the Ombudsman and the Office of the Ombudsman for Children. Up to 2010 the SEC advised schools and candidates that they had recourse to the Ombudsman in all of their dealings with the SEC. In 2010, the SEC was advised by the Office of the Ombudsman that the legislation covering the role of the Ombudsman did not specifically cover the SEC. The SEC then made contact with the Office of Ombudsman for Children to ascertain if it was in a position to continue to engage with the SEC. The Office of Ombudsman for Children advised that it too was of the view that the legislation under which it operated did not permit it to engage with the SEC. That office has since advised the SEC that, following a review of its legislation, it has requested that the SEC be added to the list of bodies covered by the Act.

In summary, the SEC has indicated that it is open and willing to engage with the office of the Ombudsman and the office of the Ombudsman for Children on all issues. It has been working with the office of the Ombudsman for Children to see what arrangements can be put in place pending the extension of the legislation. I realise the matter raised by Senator Conway is urgent and that this is ongoing work. However, that is the reply offered by the Minister.

Senator Martin Conway

Go raibh maith agat. Will adding the SEC to the list of bodies covered require the introduction of further legislation? I have no doubt if that is the case, the speedy passage of such legislation will be facilitated in this House.

Under "details supplied", I provided a significant amount of information on this case. I would like the Minister and his officials to investigate what is being done by the SEC in this regard. A child's future is at stake. This is an extremely urgent matter. While I accept that the SEC is independent, the Government has ultimate responsibility in this area.

Deputy Jan O’Sullivan

My understanding is that legislation will be required. I will convey the Senator's views to the Minister, although, as he is aware, there are constrictions on what the Minister can do.

Post Codes

Senator Trevor Ó Clochartaigh

Cuirim céad fáilte roimh an Aire. Is breá an rud é a fheiceáil arís sa Teach seo. Tá an cheist atáá hardú agam inniu ag dul siar roinnt mhaith blianta, ach nílim ag cur an lochta faoi sin ar an Aire. Bhí caint ar an gceist seo i bhfad sula dtáinig sé isteach i rialtas. Baineann an cheist leis na cóid poist atá beartaithe don tír seo.

The post code scenario in this State is a long-standing issue. A review has been undertaken and we have had promises since 2006 of a new post code system. I am seeking an update on the current position. What type of format in terms of a postal system is being considered and what headway has been made thus far by the post code project board? From a technology perspective, much has changed since it was first mooted that we might move to a letters and numbers system similar to that used in the UK. Have changes in technology, such as Sat Nav and GPS, been taken into account by the post code project board?

One of the issues traditionally raised in this context is whether logainmneacha, placenames, will be recognised in whatever coding system will be used so that due deference will be given to the Irish language version of a placename in the system. Is the Minister happy that the tender process for this new system has been open, transparent and completely above board? I have received correspondence to the effect that former members of the post code project board are involved in some of the organisations named as preferred suppliers. I would welcome the Minister's views on that issue. Obviously, questions arise if people who were members of the board laying down the criteria are now involved in organisations who are the preferred suppliers of the new post code system.

Tá fáilte roimh an Aire agus tá súil agam go mbeidh freagraí dearfacha aige. Seo rud atá ag teastáil go géar, go háirithe sna ceantair tuaithe. Tá sé fíor thábhachtach go mbeidh pé cód nó córas atá i bhfeidhm ábalta tithe a aimsiú díreach, mar shampla mar tá cúréir ag teacht go Carna, An Cheathrú Rua nó Leitir Mealláin, leis an beart nó litir atáá seachadadh a thabhairt go dtí na daoine cóir.

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte)

Ar an gcéad dul síos, let me thank Senator Ó Clochartaigh for his welcome and for raising this issue which I accept is an important one. Since taking up this portfolio, I have devoted more than the average amount of time to the postal sector for two reasons, the first of which is the deliberation in this House and the Dáil of the Postal Services Act 2011. The Act provided for the full liberalisation of the postal sector in Ireland and included provisions in Part III, section 66, to establish a national postcode system. It was the first Bill I put through in this area.

The second reason for my preoccupation is the growing challenge to An Post posed by the scale of electronic substitution in the letters business. The scale of the challenge is seen most clearly by the fact that mail volumes nationally have fallen by more than 20% in the past three years, which is a staggering figure by any measure. Electronic substitution is, if anything, accelerating today given near ubiquitous broadband provision. Colleagues in this House and in the other one complain, which they are entitled to do, from time to time about the quality of broadband in the country generally or the fact that in some parts of the country it is still fairly basic. The sheer scale of electronic substitution is remarkable and it has resulted in accelerating the rate of decline of the core business of An Post.

The issue of postcodes, which Senator Ó Clochartaigh raised, has, beyond making provision for the necessary statutory provision through legislation, not featured as highly on my agenda. This is also due to the fact that a procurement process for a national system was already under way on my taking up office as Minister. The continuation of that process, which is being managed on a ring-fenced basis by my Department, necessarily constrains the amount of information I can share with the Senator at this time but I assure him that I believe it is entirely above board and beyond question. I am not suggesting this is where the Senator got his information but I am aware there is a particular company or person who vehemently disputes the way it is being done and letters have been written and contact has been made with politicians in both Houses. However, the ring-fenced process being conducted is absolutely above board and I will have to stand over that in time.

As Senators may be aware, Ireland is the only country in the EU and the OECD which does not have a national postcode. In July 2009, the then Government approved the launch of a procurement process for a national postcode based on the report of the national postcode project board in 2006. In 2010, the Department established a postcode steering group and appointed PA Consulting to assist it with project management and implementation. Over a year ago, the Department undertook a wide-ranging consultation on the implementation of a national postcode system. More than 60 different interested parties were met as part of that process. The Department received a unanimous welcome for the proposed postcode system and was offered detailed views on issues relating to implementation. These included matters relating to the technical specification, dissemination and commercialisation of the system.

There is continued strong support in the commercial sector, in particular, for the development of a national postcode model to drive competitiveness in the broader economy and, in turn, contribute to a better jobs environment. Government Departments and agencies also see the benefit of postcodes in helping them deliver services to the public especially in challenging economic times.

The procurement process for postcodes began on 17 January 2011 with the publication of a pre-qualification questionnaire on www.etenders.gov.ie for the appointment of a postcode management licence holder. Since then intensive work has taken place on what is an extremely complex national project with many different inter-dependent aspects to it. A series of different phases of the process were set out in the indicative timetable for the procurement and the work so far has followed that outline.

The competitive dialogue session of the timetable is, by its nature, less time bound as the purpose of the dialogue is to reach an understanding which will enable the final tender to be capable of achieving its objective. This competitive dialogue phase has been ongoing for some months. In the event of the process reaching the final tender stage, the design parameters of the postcode will be specified. As that stage has not been reached, I am not in a position to inform the Senator on the exact type of postcode which will be sought by way of tender. I should point out that the final decision to proceed with the implementation of a national postcode will be one for Government and will be based on appropriate financial, technical and operational considerations. This decision will be made later this year.

In respect of the matter raised by Senator Ó Clochartaigh about the Irish language and so on, all during the early consultative stage, care was taken to consult, quite extensively, the Irish language community on different aspects. The views expressed in regard to the Irish language will be fully taken into account in rolling out the postcode, if that is the decision made by the Government.

Senator Trevor Ó Clochartaigh

Fáiltím roimh an soiléiriú sin, go háirithe an soiléiriú go bhfuil an tAire sásta go bhfuil an próiseas ar fad trédhearcach agus oscailte agus nach bhfuil aon rud as bealach. I welcome the fact the Minister has said he is happy with the process, that it is completely open and transparent and that there is nothing to worry about there. I appreciate he cannot go into too much detail about the technicality of the system but is part of the specification that it will be able to deliver to every household and house in the State, no matter which boreen or apartment complex one lives in, as one would be able to do with a GPS navigation system? One can find a house very accurately with a GPS navigation system and it is important that would be in place. Is that part of the tender process?

Deputy Pat Rabbitte

That is the specification because anything else would be unconscionable. It shows how complex and demanding it will be because the notion of some sections of the country, merely because they may be more remote or isolated areas, not being beneficiaries of the system could not be countenanced.

The Seanad adjourned at 6.20 p.m. until 12.30 p.m. on Wednesday, 16 May 2012.

Seanad Éireann debate - Tuesday, 15 May 2012