Adjournment Matters

Schools Building Projects

Senator Kathryn Reilly

Last December, when the Minister for Education and Skills announced details of the education infrastructure plan for 2012, St. Mary's national school in Virginia was omitted from his list. In April the Minister published the five year infrastructure plan, which outlines when the major projects needed to cater for demographic growth will be completed. Some 77 schools were given the green light to replace rented prefabs with permanent classrooms but, again, St. Mary's was omitted from the list. The Department's press release on the plan states: "alongside the 77 schools who have been approved, the Department of Education and Skills is considering a further 110 schools in this scheme to replace prefabs." Is St. Mary's being considered for the replacement of prefabs or the extension it has been waiting on for the last eight years?

The major growth experienced in Virginia and surrounding areas has resulted in an influx of families and increased demand for school accommodation. The most recent census figures indicate that the population of Virginia changed by 31.6% between 2006 and 2011, in large part due to its location along the commuter belt and its close proximity of Dublin. In March the school enrolled its 80th student since September and its total enrolment now stands at 380 students. These statistics do not appear to be reflected in the schools building programme for 2012.

What is the current status of St. Mary's, what is required for it to move to the next stage and when does the Minister envisage that the extension will be approved? The school is not even mentioned in the six tables on the Department's website which set out details of the building programme for 2012. When I sought further information from the website on the current stage of the plans for the extension I came across two documents. The first, which was dated 5 April 2007, set out the schools which were starting architectural planning for building and modernisation works and the second, dated 10 June 2011, listed major projects at architectural planning stage. Despite a gap of four years between these documents there has been no update or movement on the project since the most recent was published last year.

Understandably, parents, staff and even students are frustrated about this delay. I urge the Minister to expedite the project. The school is using 11 portakabins to accommodate its students at a cost of €80,000 per year. If it is not included in the current five year infrastructure plan, it will be 2017 before it is on the next list and construction will not be completed until 2020. Where is the economic efficiency in renting 11 prefabs until such time as we can build badly needed classrooms? The school community is being kept in limbo even though eight years have passed since the project was commenced. It suggests negligence on the part of the Department that nothing has been done on the issue. Why has the project been shelved and when will the Department dust it off and construct the new extension to the school?

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley)

I am taking this adjournment matter on behalf of the Minister for Education and Skills, Deputy Quinn. I thank Senator Reilly for raising the question of St. Mary's national school in Virginia, County Cavan, and welcome the opportunity it provides to outline to the Seanad the Government's strategy for capital investment in major primary and post-primary education projects over the coming years and to clarify the current position on the building project for St Mary's.

I wish to begin by setting out the context in which decisions on meeting the accommodation needs of schools over the coming years must be considered. Total enrolment is expected to grow by approximately 70,000 students between now and 2018. This will involve an increase of over 45,000 pupils at primary level and 25,000 students at post-primary level. On 12 March the Minister announced details of 219 major school building projects which will commence construction over the next five years as part of a €2 billion capital investment programme. These are in addition to the 56 major school building projects already announced for 2012. The projects will account for most of the capital funding available from now until 2016. To meet the needs of our growing population of school-going children, the Department must establish new schools as well as extending or replacing a number of existing schools, particularly in those areas where it has been identified that most demographic growth will be concentrated.

There are five primary schools in the Virginia feeder area. The enrolment at primary level show an increase over the past decade. However, based on an analysis of child benefit data for the area, the Department has projected that future enrolments will remain relatively stable up to 2018. The current enrolment at St. Mary's national school, Virginia, is 380 pupils, up from 350 in 2007. While enrolment levels have been growing at the school, they have increased by less than 10% in the past five years.

The building project for St. Mary's is currently at an early stage of architectural planning. The brief for the project is to construct an extension to the existing school of approximately 1,250 sq. m, some refurbishment of the existing accommodation and the replacement of a number of temporary classrooms. This will result in the provision of a 16 classroom school. The current teacher allocation stands at 14 mainstream teachers.

The design team was appointed in June of last year. Stage 1 of architectural planning was approved in February this year and the design team is currently working on the Stage 2(a) submission. The next stage is the completion of the detailed design, planning permission and other necessary statutory approvals and the preparation of tender documents. To ensure every child has access to a school place, the delivery of major school projects to meet the demographic demands nationally will be the main focus for capital investment in schools over the coming years.

All other school building projects, including the project for St. Mary's, will continue to be advanced over time within the context of the funding available. However, in light of competing demands on the Department's capital budget, it is not possible at this time to progress the project for St. Mary's national school, Virginia, to tender and construction stage. I thank the Senator for allowing me the opportunity to outline the position.

Alternative Energy Projects

An Leas-Chathaoirleach

The original running order had Senator Ned O'Sullivan speaking before Senator Kathryn Reilly. The Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, is in the Chamber and we will allow him to take Senator O'Sullivan's Adjournment matter. I apologise for the inconvenience to the Minister of State, Deputy McGinley.

Senator Ned O’Sullivan

I welcome the Minister to the Chamber to take this issue, which deals with his area. Half an hour ago, I received a text message that the Minister was coming to the House to make an important statement. I wondered if it was possible that I had struck gold and that there were might be an announcement with which I could run to Radio Kerry.

The LNG project in Ballylongford is critical to the State because it will ensure energy security, critical for my region of North Kerry Limerick West because it will provide 500 jobs during the construction stage and secure jobs in the future in an area crying out for work. The Minister is aware of this because he updated me during recent debates. There is new concern in the constituency because of the announcement by the Minister for Transport, Tourism and Sport, Deputy Varadkar, about Shannon Airport. We welcome the announcement because Shannon Airport is very important for the mid-west but the downside is the lack of clarity on the apportioning of functions between State agencies such as Shannon Development, the IDA and Enterprise Ireland. The people of north Kerry have had a very bad experience with the IDA. The Minister's Cabinet colleague, Deputy Jimmy Deenihan, described the performance of the IDA as disgraceful. The project will now move into the hands of the IDA. The Minister cannot be answerable for this but it is a new worry.

The project has full support across the spectrum of politics across the county. The Minister's party colleague, Deputy Spring, Deputy Ferris and I are working as a team and this. Perhaps the Minister can enlighten us further. There was an issue with the interconnector and perhaps the Minister can tell us if it has been resolved. He should be on top of this and remain proactive because this project is great for the country. However, many of us feel it could be in danger of slipping away because of the lack of progress. It was initiated in the year I was mayor of Kerry, 2004, and has gone on in fits and starts since.

The promoters of the project, Shannon LNG, are a subsidiary of an American multinational corporation called Hess and it has expended millions of euro to date on planning and other issues. It has the total support of the community apart from a small group. The business community, the villages and the development associations are in favour of this. The way is clear and I hope the Minister can bring us news and show us the way forward.

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

I thank Senator Ned O'Sullivan for raising the matter. It is important for his part of the kingdom but also for the country as a whole. I have consistently welcomed the proposal from the Shannon LNG to construct an LNG terminal near Ballylongford, County Kerry. Such a facility, together with the bringing onshore of Corrib gas, would provide important security of gas supply for Ireland. I met the promoters of the project soon after taking office last year and my Department and the Commission for Energy Regulation, CER, are in regular contact with Shannon LNG. Last December, the Taoiseach, the Minister for Arts, Heritage and the Gaeltacht, Deputy Deenihan, Deputy Spring and I met Shannon LNG. The meeting provided the opportunity to review the state of play on the project and to underline the Government's positive interest in the potential investment.

The meeting also discussed the central concern of Shannon LNG, which is to obtain regulatory certainty at the earliest opportunity on future pricing and treatment of Ireland's two gas interconnectors. Together with all players and potential players in Ireland's gas market, Shannon LNG has a key commercial interest in the outcome of the regulator's ultimate decision on this complex regulatory question. Given the complexities, there are many differing perspectives on the decision. At that meeting, the Taoiseach asked the company to withdraw the complaint lodged in Brussels in order to facilitate the regulator getting on with his decision. I understood that the company assented to that request but I am certain it did not dissent.

The decision on the regulatory treatment of the gas interconnectors is statutorily a matter for CER under the Gas (Interim) (Regulation) Act 2002. I have no function in the matter. As the independent energy regulator, CER has a remit to protect energy consumers, ensure security of supply and support competitiveness. It also has a duty to ensure that new sources of gas for the Irish market do not result in unwarranted increases in the price of gas to business and domestic consumers.

Over the past number of months CER has been engaged in an extensive consultation process on the matter and has had considerable interaction with Shannon LNG and all key stakeholders. The CER had originally signalled that it would come to a decision last autumn. The process has been delayed, regrettably, by Shannon LNG's decision to lodge a number of complaints with the European Commission.

This further delay in the process was discussed with Shannon LNG at the meeting on 21 December, as was Shannon LNG's perspective on the regulatory issues for decision by CER. At the meeting, the request was made for Shannon LNG to suspend the legal complaint to Directorate General for Competition. It emerged that the complaint has not been suspended and, to my surprise, a further submission has recently been made by Shannon LNG to the Directorate General for Competition outlining the company's serious concerns about the CER's recent proposed decision in terms of compliance with state aid. This further submission, which I became aware of today, will require my Department and CER to once again devote scarce resources to addressing issues in the further submission that are likely to cause further delays to the process.

Following the publication by the CER on 17 February of a proposed decision paper for consultation and a public forum on 1 March, all stakeholders including Shannon LNG, were provided with an opportunity to present their views on the CER's proposed decision paper. The consultation period closed on 16 March. The regulator is currently examining all submissions and comments received in response to the consultation. I understand that the regulator has met several individual stakeholders — including Shannon LNG — since then.

I understand that the regulator had expected a final decision to be available by the end of May although as I have already outlined, the letter now received by my Department from DG Competition, is likely to result in further delays in the regulator's decision.

Prior to this latest action by the company, we could have hoped that a decision would bring the regulatory certainty which Shannon LNG has repeatedly sought. Now the company's own persistence in this action — which it is perfectly entitled to do — will at a minimum cause further delays. Like Senator Ned O' Sullivan, I regret this because it would be the Government's wish that we could get on with this project which is so important for adding another dimension of energy security in this country and apart entirely from this, it would also result in some very badly needed jobs in north Kerry.

Senator Ned O’Sullivan

I thank the Minister for a very comprehensive update on the position. No more than himself, I was not aware until now that the further complaint had been progressed. I will reflect on this information. The Minister will know how frustrating it is for the people who have been looking for this project for so long and to see it being constantly edged away on what to them seems pure bureaucracy. I thank the Minister for his information and his attendance.

An Leas-Chathaoirleach

I welcome the Minister of State, Deputy Dinny McGinley.

Garda Operations

Senator Brian Ó Domhnaill

I raise the matter of the national drugs unit in County Donegal which is operated by An Garda Síochána. The Garda national drugs unit was initially an excellent resource for the Garda Síochána and it has been very successful at both a national and local level in the seizing of large volumes of drugs and in obtaining convictions for those involved. I commend the national drugs unit on its work.

The alarming information from the CSO crime figures is that drug abuse and drug use is on the increase and there has been an increase in the number of drug-producing farms. I have noted there has been a significant increase in the number of these drug farms in a number of Border counties. These farms are producing drugs for sale or supply and cannabis is the most common drug being produced. The current legislation has a loophole which allows individuals to purchase equipment and the seeds for the manufacture of these drugs. It is not a crime to purchase or to sell the equipment or the seeds. It only becomes a crime after the seeds have been planted. There may well be a loophole in the law which should be addressed but this is a separate issue.

I am sure the Minister of State, Deputy McGinley shares my concerns on this issue. It has been brought to my attention that the drugs problem is escalating in County Donegal and it may be the same in other counties. This has put more pressure on the Garda resources to deal with the problem. It seems the main reason for this problem in Donegal is that 97% of our land border is with the North of Ireland and there is also the challenge of policing the coastline because drugs are brought ashore.

The drugs unit in County Donegal has been working very effectively up until recent years. However, it is now under so much pressure that it is increasingly difficult to deal with the demands of the work. The drugs unit in Letterkenny in the centre of County Donegal has had a reduction in staff numbers from ten to three. There are two other drugs units in the county. The unit in Buncrana is staffed by three members of An Garda Síochána and the unit in Donegal town is staffed by three members. There are only nine staff members to cover the whole county.

There is a need for additional staff. I appreciate this is a challenging time for the provision of resources. I am reliably informed that a major benefit to the drugs units in the county would be the provision of a sniffer dog to assist the members of An Garda Síochána. Very often when drugs are suspected of being in a location or being transported in a vehicle, it takes a long time to complete inspections because of the lack of a sniffer dog. I ask that a dedicated sniffer dog unit be made available to assist the drugs unit in County Donegal and that additional staff be appointed to the three units. The use and abuse of drugs will cause an additional burden on the health services and this will cost the country more money. Drugs need to be apprehended at the earliest available opportunity and the only way is to have resources such as a sniffer dog unit at the first point of contact. I know the Minister of State will agree with me in this matter. I suggest the dog unit could be established on a pilot basis, given the unique geographical position of County Donegal, in order to combat some of those challenges faced by both the gardaí and the general public. Young people are vulnerable and drugs are being pushed on them. Criminal individuals and gangs are setting up drugs operations and are pushing drugs in order to make a living for themselves. This is not proper and those people must be apprehended and the gardaí need to be provided with the resources to do so.

Deputy Dinny McGinley

Ba mhaith liom buíochas a ghabháil leis an Seanadóir as an gceist tábhachtach seo, a bhaineann le mo dháilcheantar féin agus le mo chontae féin, a ardú agus deis a thabhairt dom freagra a thabhairt thar ceann an Aire Dlí agus Cirt agus Comhionannais os rud é nach féidir leis bheith anseo.

The House will be aware that the Commissioner and his senior management team are responsible for the detailed allocation of resources, including personnel, throughout the country. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a district, divisional and regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

The personnel strength of Donegal Garda division on 31 March 2012, the latest date for which figures are readily available, was 435. On the same date there was a total of 13 members attached to the Donegal divisional drugs unit. There were also 25 Garda reserve members and 29 civilians attached to the Donegal Garda division. All divisional resources are further augmented by a number of Garda national units, such as the Garda National Drugs Unit, the Garda National Immigration Bureau, GNIB, the Criminal Assets Bureau, CAB, and other specialised units.

The Government's approach to tackling the problem of drug misuse is through a co-ordinated and integrated approach under the National Drugs Strategy 2009-16, which is co-ordinated under the remit of my colleague, the Minister of State at the Department of Health, Deputy Róisín Shortall.

The programme for Government affirms the Government's steadfast commitment to tackling the problem of drug misuse through this pillar as outlined in the strategy and in partnership with all relevant stakeholders.

An Garda Síochána's policing plan for this year also sets out key actions for tackling organised crime, including drug trafficking. An Garda Síochána remains fully committed to continuing to vigorously tackle the illegal supply of drugs at all levels.

A key feature of this work is the ongoing close co-operation between the Garda National Drugs Unit and local Garda drugs units to ensure that a co-ordinated and effective approach to drug law enforcement is in place. Both these units are supported in their work by officers from other national units such as the Organised Crime Unit, the Criminal Assets Bureau, the National Bureau of Criminal Investigation and the Garda Bureau of Fraud Investigation. An Garda Síochána also has strong and strategic partnerships in place at international level targeting drug trafficking.

An Garda Síochána's strategies in tackling drug trafficking are continuing to result in significant drug seizures. An Garda Síochána seized drugs with an estimated value of €65.5 million in 2011 and an estimated value of €11.5 million to March this year. The reduction in drug crime, as reflected in the Central Statistics Office's recorded crime statistics for 2011, shows that there were 17,709 recorded controlled drug offences last year — a decrease of 11.5% on the equivalent figure for 2010. This is a trend that is very welcome and reflects the excellent work of gardaí.

It is apparent from the crime statistics that the Garda authorities are making good and effective use of their resources. An Garda Síochána is determined to maintain a robust response to the evil activities of those who peddle drugs and bring so much misery to our communities. Equally, the Government is determined to do everything it can to support gardaí in their efforts. In this regard, the Minister for Justice and Equality has indicated that he is open to considering any changes in the law which gardaí believe would be helpful in tackling the activities of organised criminals.

Garda management will continue to monitor closely the allocation of resources, taking account of transfers and retirements, crime trends, policing needs and other operational strategies in place on a district, divisional and regional level. The Donegal division will be subject to this same level of monitoring to ensure that optimum use is made of Garda resources and the best possible Garda service is provided to the public. The Garda Commissioner has reiterated the commitment of the Garda Síochána to providing a professional and effective service to the community and he will have the Minister's full support in this regard.

Payment of Awards

Senator Colm Burke

I welcome the Minister of State to the House and I apologise for keeping him in the House for so long this evening. My Adjournment matter concerns the issuance of lump sum awards and the payment of awards by instalment. This matter arises in relation to the Quirke report which arose from an expert group that was set up in 2010 to give advice on this matter. This question arose recently in the High Court when an award of €11 million was made and the judge asked whether the payment of awards by instalment would be more appropriate. However, there is no such procedure in place at this stage.

As the Minister of State knows, the way awards are made out is based on: pain and suffering to date — that is, from the date of the accident to the trial date; pain and suffering into the future; loss of earnings to date, namely, to the date of the trial; and loss of earnings into the future.

The big issues concerning loss of earnings into the future, especially in a severe case, is that it is not always possible to determine what period of time will be involved. The Quirke report stated that the present method of awarding damages for future pecuniary loss — in this jurisdiction, the single lump sum award — is inadequate and inappropriate in cases where a plaintiff has sustained major injuries, and there are major, long-term consequences that will require ongoing care. The report said the expert group believed that a seriously injured plaintiff should not be deprived of a right to claim within the courts that damages which are intended to pay for the cost of his or her future care and future treatment, and medical and assistive aids and appliances, should be paid periodically and not by way of a single lump sum.

The group also believes that defendants facing such substantial claims should be entitled to claim within the courts that damages which are intended to pay for the cost of future care, treatment and medical equipment, should in the interests of justice be paid periodically at the appropriate time when the care, treatment and equipment are required. The reason this is raised in relation to defendants as well, concerns the payment from a lump sum. If the recipient dies within a short period, the lump sum passes to the next of kin. In that context there is an advantage, for both a plaintiff and a defendant, to have periodic payments as opposed to one lump sum. Given the report's advice, is it proposed to bring forward the necessary legislation and, if so, what is the timescale involved?

Deputy Dinny McGinley

I am standing in for my colleague, the Minister for Justice and Equality, who unfortunately cannot attend the House. On behalf of the Minister, I would like to thank Senator Colm Burke for raising this important matter.

As the Senator will be aware, the programme for Government includes a commitment to introduce legislation to facilitate the courts in making provision for structured settlements in circumstances where, currently, large sums are awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another.

The High Court working group on medical negligence and periodic payments, to which the Senator has referred, was established by the President of the High Court, Mr. Justice Nicholas Kearns, in February 2010.

The group's terms of reference included considering and reporting on whether certain categories of damages for catastrophic personal injuries can or should be awarded by way of periodic payments orders, as opposed to once-off, lump-sum orders, and to make recommendations and provide draft legislation, regulations and rules as may be necessary.

In the course of its deliberations the working group extended its examination to all personal injuries not just medical injuries. The working group was chaired by a High Court judge, Mr. Justice Quirke, and membership included High Court judges, practising solicitors and barristers, officials from the State Claims Agency, the Courts Service, the HSE, the Department of Justice and Equality, and representatives from the insurance industry and Patient Focus, a patient advocacy group.

In the report of its first module completed in October 2010, the working group recommended that legislation be enacted to empower the courts to make periodic payment orders as an alternative to lump sum awards to compensate injured persons in cases of catastrophic injury where long-term permanent care will be required. The working group also recommended that periodic payment orders should only be made where the court is satisfied that continuity of payment under the periodic payments order is reasonably secure.

As the law stands damages awarded to compensate for personal injuries are intended to put injured parties in the same position as they would have been if they had not sustained the wrong for which they are getting compensation.

The application of this principle can present practical difficulties. Damages are assessed at a certain point in time and a lump sum is awarded, which is intended to compensate for all past and future losses, including the cost of care, medication, medical and assistive aids, and treatment. The lump sum is intended to represent the capital value of future loss.

There has been much debate in recent years as to the appropriateness and adequacy of the lump sum system in cases where the plaintiff has been catastrophically incapacitated in the long term or permanently incapacitated. The effectiveness of the current method of assessing damages for future loss can be seriously undermined by uncertainties affecting assumptions made as to the plaintiff's future personal circumstances, future investment returns and inflation rates. The system encourages a conflict of evidence with both parties seeking the best possible outcome. The court is required to determine the level of future damages by seeking to resolve conflicting expert medical and other evidence. This presents the court with the difficult task of providing fair and just compensation where life expectancy is uncertain or disputed.

The lump sum approach results in there being no recourse for a plaintiff who may exhaust his or her fund by exceeding his or her projected life expectancy perhaps owing to advances in medical science. Lump sum awards can also create a risk for the Exchequer because if the return on investment is insufficient to meet the needs of the plaintiff, the State may be required to fund provision for those needs.

There are, however, a number of advantages to the lump sum system such as finality and certainty for the parties in the resolution of the claim. Lump sums enable the insurer to close the book on a claim and facilitate the operation of standard reinsurance arrangements. They also give autonomy to the plaintiff, allowing him or her to decide how to manage the award. However, in catastrophic injury cases these arguments in favour of lump sums do not hold so strong, hence the calls for providing the courts with the power to make periodic payments orders.

The successful operation of any new statutory scheme for periodic payments requires the establishment of a financial infrastructure to ensure that continuity of payment is secure. In this regard, the working group recommended that the State, through the agency of the National Treasury Management Agency, be empowered to provide injured victims with the necessary security for periodic payments either by the provision of annuities to insurers and others or in such other manner as may be appropriate. Alternatively, it was recommended that consideration be given to the introduction of a statutory scheme whereby payments made under periodic payment orders will be statutorily protected and guaranteed. The security of payment is key to any legislative changes that may be required and, based on the experience for example in the UK, it would appear that a good deal of financial infrastructure will be necessary to make the legislation workable.

With respect to security of payment, the NTMA is conducting an actuarial review to examine the feasibility and cost-effectiveness of periodic payment orders as an alternative to lump sum payments or other options. The review will examine in particular the feasibility of the State acting as an annuity provider to insurers and indemnity providers in personal injury actions to enable compliance with the security of payments principle. The outcome of the review will inform the development of proposals under way in the Department of Justice and Equality to meet the Government's commitment to legislate in this area. The review is expected to be completed in June 2012.

The working group, now chaired by Ms Justice Mary Irvine of the High Court, has recently completed its report on its second module concerning the introduction on pre-action protocols in clinical negligence cases. In view of the particular difficulties and challenges presented by the conduct of clinical negligence litigation, the Minister looks forward to examining any recommendations made in the second report once it has been published. The group is now engaged on the third and final module relating to the potential of case management to expedite and minimise the costs of clinical negligence. On behalf of the Minister, I would like to thank the working group for its invaluable work in this area.

Seanad Éireann debate - Wednesday, 16 May 2012