Seanad Éireann debate -
Tuesday, 16 Oct 2012

Vol. 217 No. 12

Adjournment Matters

Road Safety Issues

Senator Kathryn Reilly

I would like to raise a road safety issue that relates to a stretch of road that cuts in and out of the North and the South. The prevalence of unsafe driving practices in this area has increased in recent years. It has not been possible to curtail this behaviour because of jurisdictional issues along the stretch of road in question. Members of Clones Town Council have tried various ways of stopping it, for example, through the council, the Oireachtas and the North-South Ministerial Council and by meeting representatives of the PSNI and the Garda Síochána. Nothing concrete has really happened yet to actually resolve the matter. There is a serious concern that one of those who partake in these unsafe driving practices, or another user of the road, will lose his or her life or suffer a serious injury. The practices to which I refer are taking place on the N54-A3 concession road. While some of the joint operations of the Garda and the PSNI have acted as a deterrent, they have not brought about a lasting solution. The road passes in and out of the North approximately five times, which makes it very difficult to police.

Representatives of the local community are concerned for the safety of those who travel on the road on a daily basis, including those who participate in these unsafe driving activities. It is the main route that is used to transport patients to Cavan General Hospital. In the past, the emergency services have been delayed on the road. That could have serious consequences in the event of a rush on the ambulance service. Many commuters use this road to travel to and from work. The residents of the area go into lock-down, in effect, when practices like doughnutting are going on. The road is taken over by the dangerous drivers and those who go to the area to view their activities. As a result of the increase in social media and texting, these things can be organised at the drop of a hat. Crowds form and disperse again. The residents believe they are living in no-man's-land. Nothing is being done to assist them. This stretch of road will be the main route for tourists travelling to use the Ulster Canal when it is restored. That project will have an effect on tourism in the area.

Some options have been considered as part of the effort to resolve the matter. Both police forces - the PSNI and the Garda Síochána - co-operated with a joint checkpoint operation at the location in question. The use of CCTV, helicopter cameras, traffic calming measures or a new road surface has been considered. It was felt that the most effective and long-lasting solution would be to extend the remit of the Garda Síochána to cover the entire local area. That is why I have raised this issue with the Department of Justice and Equality. Members of the Garda are frustrated because they are watching this activity going on ten yards away, but they are unable to do anything about it if it takes place outside the jurisdiction of the force.

The PSNI has stated that this activity does not happen on a regular basis but this means it cannot plan for it or respond quickly. These events can be organised quickly through social media and they are sporadic and difficult to monitor in that respect. This activity is ongoing. It is being perpetuated and it cannot be stopped because of the questions relating to the jurisdiction. A road traffic accident occurred not too far up the road but the all the Garda could do was to alert oncoming traffic that there was an accident. It was a long time before the PSNI was able to get on the scene. This is why I am asking the Department about jurisdiction and what can be done to allow the Garda to go into these areas. I realise this issue cuts across several Departments, including the Department of Transport, Tourism and Sport. It is relevant to the North-South Ministerial Council, and the Minister for Foreign Affairs and Trade previously answered questions on the matter. I call for a response on the jurisdiction issue and I want to know what can be done. The questions relating to jurisdiction are preventing the issue from being resolved.

Minister of State at the Department of Justice and Equality (Deputy Kathleen Lynch)

I thank the Senator for raising the matter on the Adjournment. I am speaking on behalf of the Minister for Justice and Equality, who regrets that he is unable to be present due to other business. The Minister shares the Senator's concern about these incidents of anti-social driving behaviour and the impact they have on local communities. On behalf of the Minister, I assure the Senator that the level of road traffic enforcement is high throughout the country and that effective roads policing is central to the Garda policing plan. Enforcement activities are focused on the main causes of deaths and serious injury on the roads and members of An Garda Síochána use planned and unplanned checkpoints to detect breaches of a range of road traffic and transport legislation. Effective roads policing has been a critical component in the success of the current road safety strategy and the substantial reduction we have seen in road traffic fatalities during recent years. This emphasis in policing strategy will continue in future.

As far as the particular incidents described by the Senator are concerned, the Minister has been informed by the Garda authorities that the activity referred to occurs, as the Senator pointed out, on a stretch of the N54 and A3 that traverses County Fermanagh. Responsibility for road safety enforcement on that stretch of road rests with the PSNI. On behalf of the Minister, I assure the House that An Garda Síochána monitors traffic and performs static checkpoints at strategic locations on the portion of the road that is in the State. The incidents in question are of great concern and, the Minister understands, can include occasions when traffic is stopped on the stretch of road and law-abiding motorists are prevented from proceeding while individuals perform dangerous driving manoeuvres before gatherings of spectators.

In light of the seriousness of these incidents and the particular geographical circumstances, there is close collaboration between An Garda Síochána and the PSNI, with joint operations conducted to target these anti-social driving practices. The Minister understands that there has been positive feedback with respect to these joint operations and their deterrent impact and that the Garda authorities and the PSNI have been proactive with regard to road safety enforcement measures in this area and its surrounds. The Garda authorities have assured the Minister that these operations will continue to be prioritised in the future. Further, the Minister assures the House that An Garda Síochána and the PSNI maintain ongoing close liaison with local public representatives on both sides of the Border in respect of this matter, including local joint policing committees.

A delegation of local public representatives met the North-South Ministerial Council joint secretariat last year, but the Senator will appreciate that what is at issue is principally an operational policing matter and, accordingly, police co-operation on the ground is important. The Minister has been assured that this is taking place. Specifically, the Commissioner has assured the Minister that these joint operations to combat and disrupt the behaviour concerned will continue to be prioritised. Naturally, I will share the Senator's concerns on the matter with the Minister as soon as I meet him. As the Senator rightly pointed out, it is an issue of jurisdiction, but I am unsure whether that question is easily solved.

Home Help Service Eligibility

Senator Trevor Ó Clochartaigh

Cuirim fáilte roimh an Aire Stáit.

Tá mé thar a bheith buíoch di as teacht isteach agus tá mé an-sásta gur ise atá anseo chun an cheist seo a fhreagairt mar tá a fhios agam go bhfuil an-suim aici san ábhar seo. Mar is eol di, tá Bille á chur ag Sinn Féin os comhair an Tí eile an tseachtain seo maidir le cúramóirí baile agus na ciorruithe atá á dhéanamh; tá thart ar 1 milliún uair an chloig tarraingthe amach as an gcóras sin le 12 mí anuas.

I am grateful that the Minister of State is here and acknowledge that she has a particular interest in this issue. Probably the best way for me to highlight the issue is to tell the Minister of State of a case brought to my attention. It involves a 92 year old woman in County Galway who is dependent on three carers in her home. Unfortunately, she is not fully compos mentis. She has a difficulty with memory loss. She gets confused about what is happening around her and so on. She is dependent on the three carers, two of whom are not with the HSE but the third is a HSE carer. Her relatives tried to put in place a system such that they could keep track of whether she had been to the bathroom, whether she had had a bath, what tablets she had taken, etc. They put in place a log book in the house such that each of the carers could make notes about what exactly had been done with the lady and what the position was when they were handing over. This appears to be fine in the case of the two non-HSE carers but it has been an issue with the HSE carer. It may simply be a blip in the system or it may be a HSE West scenario.

I have been told that this was brought to the attention of the HSE authorities. Apparently, the superintendents in charge said that the only thing that the HSE carer was obliged to do was sign a timesheet indicating the time of arrival and departure and that the carer was under no obligation to fill in any log book or record detailing the medication given, whether the person had been to the bathroom, whether she had been washed, whether there had been any incidents during the day and so on. The family are concerned because they are not in a position to be with the lady full time and they are dependent on what the carers say to them. She is getting on in years and it is important that they know whether she is being fed and so on.

Is this is HSE policy nationally? If so, can anything be done about it? It seems to raise serious questions about the continuity of care in such a setting. It is not necessarily anything to do with the cutbacks in the home care packages. One imagines it is more a procedural issue. I would be grateful if the Minister of State could provide clarification on the issue. It is a personal issue and a serious one. This incident and the personal situation may be the best way to highlight what we are trying to ascertain.

Minister of State at the Department of Health (Deputy Kathleen Lynch)

This issue may become more prevalent as time goes on. It provides me with an opportunity to update the House on the matter. Government policy relating to older people is based on supporting people to live in dignity and independence in their own homes and communities for as long as possible. It is widely acknowledged that the home help service is one of the key services in community care. The service is flexible, allowing it to be targeted at those in most need. The service primarily includes the provision of personal care and essential domestic support, mainly for older people. The level of service provided depends on resources available and is provided, depending on local arrangements, by HSE staff or through the use of private or voluntary organisations.

In 2011, there were 3,273,000 home help hours provided to approximately 13,550 clients in the HSE West region. Some 2,300 clients were in receipt of a home care package at the end of 2011. At the end of August 2012, approximately 2,140,000 home help hours were provided for clients in the HSE West region. The number of people in receipt of home help services in the HSE West region at the end of August was 13,365. The vast majority of clients in receipt of services were older persons. I realise I am not answering any of the questions put by the Senator, but it is worth pointing out that the service is not only for older people but for people with disabilities and those with mental health issues. Sometimes families experiencing social difficulties receive such support as well.

There is ongoing monitoring, mainly done through the public health nursing service and by the home help co-ordinators in each area.

As part of the process of ensuring high standards of care, all home-help staff receive training in lifting and manual handling, health and safety, personal care and infection control. All home helps undergo a Garda vetting process.

On indirectly provided services, all organisations are required to sign a service level agreement with the HSE setting out standards of service expected of providers as well as monitoring arrangements, staff training and Garda vetting. The executive also provides, either directly or indirectly through voluntary or private organisations, home care packages. A home care package provides an enhanced level of community services and supports above the normal levels available from mainstream community services. These packages do not replace existing services. At end-August in HSE West, approximately 2,370 persons were in receipt of a home care package.

Following a national procurement process concluded earlier this year, approved external providers of home care packages must meet certain criteria, including requirements on quality, safety and monitoring. This procurement process is part of continuing efforts by the HSE to improve its standards overall for home care. The Government is committed to developing and implementing national standards for home support services, which will be subject to inspection by the Health Information and Quality Authority. Primary legislation and resources will be required for the introduction of a statutory regulation system for home care services. The question of possible changes to legislation, including regulation and inspection, for home care services for older persons is under consideration in the context of the need to prioritise legislation for the areas of children and disability. I trust the House will agree that we need to ensure that the highest standard of care will continue to be provided to all in a safe and secure environment. Providing quality and safe care will always remain at the heart of any service provision.

I am not certain that any of that answers the Senator's question but I have taken a note of the matter. He can understand that I would not have that level of detail and it is not right that I should have that level of details. Sometimes to have that sort of detail floating around may not be good. However, I will inquire and find out. Clearly, being able to have that handover is important. As he stated, whether there was an incident, whether the person has a cold or a temperature, or whether the person's behaviour has changed, is vitally important in terms of the person's ability to continue living in his or her own community.

Senator Trevor Ó Clochartaigh

I appreciate the answer. I appreciate that perhaps I was not specific enough in the question on monitoring but the Minister of State will appreciate that it is the handover and the monitoring between carers even on a daily basis that we were looking at. I appreciate that the Minister of State will come back to me on it. I note that she spoke about implementing national standards for home support services. The suggestion might be that, when that is being looked at on a daily routine basis, part of those national standards for home support include that if there is a change in the person who is giving the care, be that because of a change of shift or whatever, part of the handover includes the handing over of notes. Apparently, it was not a one-off. The person who brought this to my attention is a reasonable person and it was happening on a continual basis, and only with a HSE employee in that scenario. If there are guidelines in place, they might need to be looked at before something serious happens. Gabhaim míle buíochas leis an Aire Stáit.

Deputy Kathleen Lynch

There was much criticism last year about the fact that home-based services were not being inspected by HIQA. We had a choice and had to prioritise. Clearly, with all the different reports, children had to come first, and then disability services in an institutional setting. The third on that list are the home-based services, not only for older persons. When HIQA sits down to put in place the compliance standards that will be necessary in order to get a licence from it, we will see all of that and those matters will be brought to HIQA's attention.

HIQA recently completed the standards on disabilities and it will be commencing those inspections on 1 July next. We will move on from there. It takes a little time because sometimes when one puts the standards on paper and one goes out to public consultation, there are matters that people would feel were a greater priority, such as quality of life. All of that will be taken into account.

I will find out whether there is a specific bar to somebody doing that as opposed to whether he or she is asked to do it.

The Seanad adjourned at 5.05 p.m. until 10.30 a.m. on Wednesday, 17 October 2012.