I welcome the Minister of State, Deputy Kehoe, to the House.
Civil Defence Bill 2012: Second Stage
Question proposed: "That the Bill be now read a Second Time."
I am pleased to present the Bill to the House. It provides for the repeal of the Civil Defence Act 2002, the dissolution of the Civil Defence Board and the transfer of its functions and other responsibilities back to the Department of Defence. The purpose of the Bill is to bring the management, development and administration of Civil Defence at national level back into the Department of Defence where it lay from when the organisation was founded in 1950. The organisation was designed to undertake non-combatant activities and to take measures to defend persons and property against an attack on the State from hazards such as radioactive fall-out or biological or chemical warfare. In the context of current policy on bringing the functions of many State agencies back into their parent Departments, the Government has decided that the functions of the board should once again become a function of a branch within the Department of Defence.
As Senators will be aware, the board was established following the passage of the Civil Defence Act in 2002. The stated purposes of that Act were to update Civil Defence legislation generally and to establish a board to oversee and manage the future development of Civil Defence at national level. Apart from establishing a management board to take over the administrative and developmental roles of Civil Defence from the Department and prescribing all of the various duties and obligations associated with a non-commercial State authority, the Act of 2002 did not make any fundamental changes to the governing structures. Policy formulation remained with the Minister. The key relationship for effective Civil Defence operations, that being between local authorities and the organisation at national level, was not altered by the Act of 2002.
I am pleased to say the Bill I am commending will not alter those fundamental structures that have served Civil Defence well over many years and supported the voluntary ethos that has been the hallmark of the organisation since its foundation. The transfer of functions back into the Department of Defence will assist in removing a tier of administration which arose as the board was established as a non-commercial State authority with corporate governance requirements.
I express my sincere gratitude to each and every person who gave up their time to serve with distinction on the Civil Defence Board and equally to the members of each of the statutory committees of the board. Unlike other State authorities, service on the Civil Defence Board was voluntary and attracted no remuneration for members, including the chairman, other than the normal Civil Service expenses for attending meetings. I commend the board and its committees on their contributions to the development of Civil Defence in the past nine years in bringing forward plans and proposals which have driven the evolution of the organisation.
While we live in very different times from those of 1950s, what has not changed is the voluntary ethos which is the hallmark of Civil Defence. People from all walks of life willingly give up their time to be trained over many months to professional standards. This training enables them to effectively support the front-line services. These volunteers can be called away from their families at any hour to respond to emergencies in their communities. We only have to recall the sustained response from Civil Defence volunteers in virtually every county in Ireland to alleviate the effects of the severe weather in recent winters, not to mention the floods in Dublin, Wicklow and Monaghan in October last year. More recently, we have to admire the comprehensive response of Civil Defence to the flooding in the Cork area in June this year.
I wish to highlight the rescue operation following the tragic sinking of the trawler, Tit Bonhomme, in Glandore Harbour, County Cork, in January last with the loss of five lives. In an operation lasting more than 27 days, an average of 36 Civil Defence volunteers per day, drawn from nine local authority areas, assisted with the search for the missing trawler men. An extensive shore-based search operation was co-ordinated by a joint Civil Defence and Coast Guard operations centre. Boat crews from Civil Defence, the Coast Guard, Naval Service divers and Garda divers also conducted searches in the inner harbour area under the direction of the Naval Service. The regional inter-agency emergency response vehicle was deployed and manned by Civil Defence personnel monitoring the search efforts. Their training and professionalism allowed the volunteers to work seamlessly in support of the three front-line services both on land and offshore in a wide range of duties. Almost 8,000 volunteer hours were given by Civil Defence to that operation alone, and I commend all the volunteers who were involved in that operation.
It was very apparent that the training, experience and motivation of all Civil Defence units involved contributed greatly to the successful recovery of the missing fishermen. Their efforts were rightly recognised in the course of a visit by President Michael D. Higgins to Union Hall last April where he expressed his sympathy to the families affected by the tragedy and his gratitude to all the personnel and agencies involved in the search and recovery operation. I note also that the Taoiseach visited the harbour during that tragic time.
In addition to assisting the front-line services in emergency situations, Civil Defence volunteers are very much in evidence throughout the year providing assistance at community events nationwide from local field events, to welcoming home our Olympic athletes, to major events such as the Volvo Ocean Race and the Tall Ships.
Volunteers provide assistance in a multiplicity of roles, including casualty, first aid and rescue, both on land and in rivers and lakes. They provide communications, mapping and search skills, and provide welfare for both emergency personnel and displaced persons. They also work with the Garda, establishing evacuation and reception centres on behalf of local authorities.
All volunteers ask is that they are recognised and supported in their continued efforts to support local communities and that is precisely what is intended with this Bill. As part of the Department of Defence, Civil Defence at national level will now be fully integrated with the planning and implementation of our response capability for major emergencies. This will be achieved by working through the Office of Emergency Planning and the Defence Forces. It will no longer have to devote valuable resources to complying with its own governance requirements, but will be able to devote all its energies to the core business of Civil Defence, which is training volunteers to the highest professional health and safety standards.
I am delighted that we have succeeded in maintaining the current level of funding for Civil Defence at €5.585 million per annum in the face of reduced funding to almost all other State bodies in the current economic climate. We see this investment, in supporting Civil Defence activities, as tremendous value for money and it is our intention to maintain that level of funding in so far as possible.
In seeking to capture the wider strategic perspective I mentioned earlier for the future development of Civil Defence, the Department of Defence will establish and chair a forum, comprising the main players in Civil Defence and from the wider emergency response community. The purpose of the forum will be to assist the Civil Defence branch of the Department to consider the major issues affecting, or likely to affect, its development. Central to these deliberations, of course, will be the involvement of representatives of the Civil Defence officers and the volunteers who are based in each local authority area.
I now turn to the main provisions of the Bill. Sections 2 and 3 deal with the dissolution of the Civil Defence Board, the date for which will be set by order. Sections 4 to 6, inclusivje, will ensure that the transfer of land, property, rights and liabilities, leases and licenses from the board back to Minister will take place. Section 7 ensures that any claim in respect of any loss or injury arising before dissolution day will lie against the Minister and not the board. Furthermore, any legal proceedings pending to which the board is a party will continue with the substitution of the Minister in the proceedings. Section 8 makes provisions for functions commenced but not completed by the board before its dissolution. All functions partially completed will be carried on by the Minister. All moneys, stocks, shares and securities registered to the board prior to the dissolution day will be transferred to the Minister. The income of the board was derived from the grant-in-aid from the defence Vote. No shares or securities were registered to the board.
Section 9 provides that the former director general of the board will submit, within six months of dissolution, the final accounts of the board to the Comptroller and Auditor General for audit. Furthermore, he or she must also submit to the Minister the final annual report of the board within nine months and the Minister is required to, as soon as practicable thereafter, lay it before the Houses of the Oireachtas.
The transfer of staff and the director general back from the board to the Department of Defence is dealt with in section 10 while section 11 ensures that any contract or agreement in force before dissolution day between the board and any other person or body shall continue in force in the name of the Minister. Section 12 deals with Civil Defence plans and sets out the requirement for local authorities to submit a plan within 12 months of dissolution to the Minister. The components of the plan are clearly set out for the authorities, as well as a requirement for them to review the plan within three years.
Section 13 amends section 221 of the Local Government Act of 2001 to ensure that annual reports prepared by local authorities will make suitable reference to the performance of its functions relating to Civil Defence, including the expenditure incurred by the authorities in carrying out those functions, while section 14 continues the Department of Defence's grant of funds provided by the Oireachtas for the local authorities for the purpose of defraying expenditure incurred by the authorities in carrying out Civil Defence functions.
The recruitment of Civil Defence members by the local authorities is dealt with in section 15, while the requirement for and the details to be contained within the Civil Defence members register are outlined in section 16. Section 17 repeals the 2002 Civil Defence Act and section 18 deals with Short Title, collective citation and commencement.
The Bill will provide Civil Defence with the ideal platform to strengthen its capacity to continue to develop as a first-class second-line emergency response service while retaining its voluntary ethos and continuing with its community support activities. I am very pleased to submit this legislation for the consideration of the House. I look forward to hearing the views and contributions of the Members in their deliberations and reflections on the Bill which I commend to the House.
Cuirim fáilte roimh an Aire Stáit chun an Bhille seo a phlé. The Civil Defence organisation is one of the most important organisations in the country. It was established in 1950 to provide a structure for giving a civil response on the potential hazards that might arise during a time of war. That obviously came just after the completion of the Second World War. Civil Defence is made up of 4,500 trained active members and up to 6,500 members when volunteers are included. Volunteers under the Civil Defence organisation carried out exceptional work in 2009 and that work should not go unrecognised. Civil Defence deserves the full respect and support of the State, given the important work it undertakes in conjunction with local authorities, the Army and Garda Síochána.
Fianna Fáil will not oppose the Bill, even though we have some concerns that the valuable external input, which has been represented on the board in the past ten years, could be lost given the proposed restructuring under the legislation. The late Séamus Brennan as Government Whip and Minister of State at the Department of Defence introduced the Civil Defence Act 2002. That Act provided for the establishment of the dedicated State-funded Civil Defence Board which was representative of the principal stakeholders, such as the relevant Departments, State agencies, county managers, Civil Defence officers and volunteers together with expertise from outside. That Act followed the previous legislation, the Air-Raid Precautions Act 1939 and a number of powers orders in 1946. The legislation was updated to give a more accurate reflection of the Civil Defence organisation in 2002.
The Civil Defence Bill, which will not be opposed by Fianna Fáil, will realign Civil Defence under the auspices of the Department of Defence. As the Minister of State outlined, this will see a transfer of functions, property, assets, liabilities and other responsibilities to the Department of Defence. The savings to be accrued by the move appear to be approximately €60,000, which is approximately 1.1% of the almost €5.6 million budget of Civil Defence.
I will not speak at length on the role of Civil Defence because it should be taken as read. Every Senator will agree the work carried out by the Civil Defence organisation deserves our full respect and gratitude. In my county many of the volunteers and those employed by Civil Defence carry out work at short notice for charitable or festival events such as the Donegal rally, or when there is an emergency. They are at our beck and call. They work closely with coastal and mountain rescue units. Their future role must be secured, as must the budget for Civil Defence. No cuts should be made in any budget for Civil Defence given the absolute necessity of having such a resource available to the State.
Under the 2002 Act the Civil Defence Board was empowered to initiate and foster contacts with other Departments and State authorities, external national and international educational and research institutions as well as utilising its own resources to enable it to develop optimum standards for the training of volunteers. Is this capacity likely to be curtailed by the board's return to the Department of Defence? I ask the Minister of State to contemplate this. Savings of €60,000 are outlined in the Bill, but the Bill does not outline the cost associated with the reconfiguration of Civil Defence. Is there a cost and, if so, will it be front-loaded?
The fact that Civil Defence works closely with local authorities throughout the country means its response can be immediate and locally focused. What guarantee, if any, can be provided that this will continue? The point of government most local to the citizen works closely with Civil Defence which means it responds quickly. Will this be jeopardised in any way?
The 2002 Act also sought to strengthen and maintain the volunteer ethos of Civil Defence and provided for the voice of the volunteer to be clearly available on the management board. How will the voice of the volunteer continue to be heard under the new Bill? I would be grateful if the Minister of State outlines responses to these questions when he sums up at the end of Second Stage. Fianna Fáil will not oppose the Bill. We do not see any reason to do so. However, we would welcome clarification on the points I have raised.
I welcome the Minister of State to the House and thank him for his comprehensive overview of the situation and what is envisaged and proposed in the Bill. I also welcome Fianna Fáil's support. Senator O'Domhnaill's questions are understandable and I am sure we will all have a few questions. I like the Bill because it fits with everything proposed by the Government. It removes duplication in so far as any exists, and perhaps it does, because it is a separate agency. The board has been answerable to the Department and the Minister.
It is good and logical that where necessary, as in this case, agencies are taken back within the Department where they should be. As the Minister of State outlined, Civil Defence has had a separate board since 1950 and this will remove the bureaucracy associated with an independent board and the corporate governance legal requirements. For these reasons I greatly welcome the Bill.
We salute the great work and voluntary effort of all involved through the years. The Minister of State outlined the great work undertaken by Civil Defence in recent tragedies. When it is within the Department, activity will be more focused and co-ordination will be better because of the involvement of the Defence Forces. I look forward to the Minister of State summing up on Second Stage and answering the questions posed by Senator Ó Domhnaill.
As in a sense Civil Defence was a branch of the Department, there will be no change. Political accountability to the Oireachtas for the discharge of the board's functions was with the Minister, and the Secretary General of the Department will remain the Accounting Officer for all expenditure on the board's part. The Minister of State outlined how within six to nine months its operation will be wrapped up with a proper audit. Shortly after taking office the Minister decided the functions of the board should be transferred to the Department, which fits with the Government's programme and I greatly welcome it. The Minister of State indicated this solution will save approximately €60,000 per annum from the Civil Defence budget of €5.6 million. This is a small amount but the saving is welcome. Every saving made in the present climate must be welcomed. I could make a number of other points but I look forward to hearing the Minister of State and we can further tease out issues if necessary on Committee Stage.
Cuirim fáilte roimh an Aire. Táimid breá-sásta go bhfuil Sinn Féin ábalta tacú leis an mBille seo agus go bhfeicimid go ndéanann sé ciall áirithe agus go bhfuil sé ag cur in áit socruithe praiticiúla a rachaidh chun tairbhe na seirbhíse. Tá, áfach, cúpla ceist gur mhaith linn a ardú chomh maith céanna. I welcome the Minister of State to the House. As he stated, the Bill deals with the functions of the Civil Defence Board and provides for its functions to be transferred from the board to the Department. On balance this seems to be a very sensible proposal and the Bill seems to be sensible legislation. I have some concerns with regard to the application of this at local level, a point to which I will return presently.
Civil Defence offers backup, and we have heard numerous examples given, to the full-time emergency services and provides casualty, rescue, auxiliary fire and welfare services when needed, usually at times of major emergencies. The work of Civil Defence is largely voluntary and those who give up their time to serve their fellow citizens in times of emergency, danger and tragedy deserve our commendation. I pay tribute to the work done by Civil Defence. We could turn on "Reeling in the Years" on television for any year and there is every likelihood we will see the men and women of Civil Defence, with their distinctive blue triangular logo, assisting in rescue efforts following large tragic accidents or assisting in flood relief efforts and various other emergencies. They are versatile, reliable and courageous and deserve all of our praise and support. I hope in the new framework whereby Civil Defence is under the auspices of the Department rather than the Civil Defence Board that Civil Defence will still be able to provide as good a service as it has since its establishment in 1950.
How will the change impact on the way Civil Defence functions and co-operates with local authorities? The good relationship which existed meant that the response was always very quick and their local knowledge was invaluable in ensuring that the resources of Civil Defence were used effectively. I hope this can be maintained. Has the Minister given any thought to how that might remain the case? How will he ensure that local voices are heard at a national level and there is a good level of feedback? I appreciate the Minister reassured the Dáil previously that the connection between Civil Defence and the local authorities will continue and will not be affected in any shape or form, which is positive. However, some elaboration on the point would be welcome and I ask him to highlight how it will be maintained.
Responding to local emergencies is where town councils came into their own. A good example is Clonakilty, west Cork, where town councillors were to the fore in directing and supporting responses and assisting local residents and businesses. I regret that the council will shortly no longer be part of our system of local government and this is one respect in which they will be missed. I accept that previous positive measures in terms of the relationship between the Civil Defence Board and the local authorities will be retained, with the Department taking the place of the board.
Section 12 provides that each local authority, within a year of the board being dissolved, must submit a new Civil Defence plan to the Minister. Section 14 enables the Minister to pay each local authority a grant out of moneys provided by the Oireachtas for expenditure related to the performance of Civil Defence functions. It is positive that savings can be achieved in this area without a significant effect on the provision of services. I understand savings of €60,000 per annum will be achieved, which I welcome. My party holds the view that savings which can be achieved in areas such as these, which are related to community services, should be directed back into the community rather than making its way towards bondholders or general coffers as so much of the public finances seems to do. Will the Minister of State state whether these savings will be directed towards the community? Sinn Féin previously attempted to ensure that money was ring-fenced for community use. We brought forward proposals to ensure the proceeds of crime, confiscated by CAB, were ring-fenced for use in the community concerned. This is a sensible proposal and I ask the Minister of State to explain why he believes such ring-fencing of funds cannot be brought about.
It is also positive that the legislation may affect the operation of the Civil Defence Board in terms of the operation of emergency responses. Following the publication of the Bill, the Chairman of the Civil Defence Board, Mr. Brian Spain, appeared before the Oireachtas Joint Committee on Justice, Defence and Equality. He stated that the decision to bring Civil Defence at national level back into the Department of Defence is a positive development for the organisation and moves Civil Defence more towards the centre of emergency planning arrangements at the highest level. He continued that the director general now regularly attends meetings of the Government task force on emergency planning along with colleagues from the Department of Defence and the Defence Forces. It is reassuring to know that Civil Defence is happy with the change.
It is vital that the Government ensures that Civil Defence is adequately resourced in terms of training. Mr. Bill Smith, at the Oireachtas joint committee, noted that there was a capacity problem locally in terms of accommodation and training facilities. My party feels this needs to be examined and rectified.
Go ginearálta, cuirimid fáilte roimh an reachtaíocht. Tá ciall áirithe ag baint leis an gcónasc agus leis an ath-eagar seo atá á dhéanamh aige. Mar a dúirt an Seanadóir Ó Domhnaill romham, áfach, an rud atá tábhachtach agus sinn ag dul chun cinn ná go ndéanfar cinnte go mbeidh acmhainní cuí ar fáil do na fir agus mná cróga, díograiseacha a bhíonn ag obair sa Chór Cosanta Sibhialta agus go bhfaighidh siad an tacaíocht atá ag teastáil uathu ionas go mbeidh siad in ann leanúint ar aghaidh leis an obair iontach a dhéanann siad.
I also welcome the Minister of State to the House. On my first cursory examination of the legislation I feared that it meant the abolition of Civil Defence. On closer scrutiny I realised that it is practical legislation which aims to transfer the functions of Civil Defence back to the Department.
Historically, one must examine why and when Civil Defence was set up. It was established in the years following the Second World War. It is well documented that many people who joined Civil Defence were former members of what was then known as the local defence force, LDF, of which many of my family were members. The LDF was involved in activities to protect the country at a time known as the Emergency. The organisation became Civil Defence and my late uncle, Michael Kavanagh, was one of the founding members of a unit in Carrick-on-Suir. At that time Civil Defence carried out training exercises practically every Sunday morning in each area, including the monitoring of aircraft activity. The activities were all documented and sent to its headquarters in Dublin.
Civil Defence has a long history and it operated without a board for 52 years. I have done some research and tried to establish why the board was set up. I have read about some of the reasons for it but I fear that most of them were political. We have moved on and the Government has decided to dissolve the board and bring Civil Defence back within the remit of the Department. I welcome the measure which is not about saving money, but creating efficiencies. I also welcome the fact, as the Minister of State clearly outlined today, that every effort will be made to safeguard the budget of almost €6 million per annum for Civil Defence. Some speakers raised the issue of the voice of the board. The Minister of State has clearly outlined that a forum will be set up where all interested parties in Civil Defence can have a voice. They can express their views and have their policy views implemented by the new system controlled by the Department.
The activities of Civil Defence have been well outlined, particularly by Senator Brian Ó Domhnaill. In my area of Carrick-on-Suir, Civil Defence, right through the 1990s, helped and supported hundreds of families who were affected by flooding on an almost annual basis until the problem was alleviated. The organisation is also engaged in other activities and is strongly associated with a local cycling club. Many people will know that Carrick-on-Suir is the home of cycling in Ireland and the famous cyclist, Sean Kelly, hails from my town along with many others. Civil Defence and cycling are synonymous with the town, because the town hosts a cycling event on St. Patrick's Day. Civil Defence is also involved in other activities in the area, such as motorbike racing, and recently I attended a point-to-point race where Civil Defence was present to monitor the crowd and provide assistance.
I welcome the legislation and I am glad it has been welcomed across the House. The Bill makes sense because we are in an era where we must examine every penny that is spent. I know the legislation is not predominantly about saving money but there is an element of it. There is a relatively new state-of-the-art building in Roscrea that is in the ownership of Civil Defence. People who follow political history may understand why it was located there. What will become of the building? Is there a future for it? Taxpayers' money was invested in the property and there should be a future for it.
The Minister of State referred to various sections of the Bill. It is practical, to the point and deals with the issue. I commend the Minister of State for introducing it.
I thank Senators for their constructive contributions and comments during the debate. As I stated in my opening remarks the purpose of the Bill is to return the management, development and administration of Civil Defence to the Department of Defence. On that note, Senator Landy discussed the setting up of the Civil Defence Board in 2002 which he questioned, as I did in 2002, notwithstanding the great work the board has carried out since 2001, on which I commend it. I am very aware of the great work that Civil Defence does in my own county and individual Senators outlined the work that Civil Defence does in their counties. On that note, Senator Ó Domhnaill spoke about the relationship between Civil Defence, the local authorities and other agencies. I can assure him that the Bill will strengthen these relationships. The Bill will ensure that Civil Defence can turn over a new leaf. It will make a great impact on the organisation. Relationships can be improved. There are great relationships between Civil Defence and the local authorities in every county.
Senator Landy referred to the flooding in Carrick-on-Suir and Senator Ó Domhnaill referred to festivals in his constituency and how Civil Defence played its part. I have the same experience in my constituency.
Members asked about the response times and operational capacity of Civil Defence. I can reassure Members that nothing of that nature will change because of the Bill. I believe the measure contained in the Bill will be welcomed by all the members of Civil Defence. I attended a recent Civil Defence training event in Enniscorthy and spoke to the members there. They have a genuine interest in doing voluntary Civil Defence work for their community. They are very excited about the opportunity to strengthen the role of Civil Defence in the community and its work as a first class, second line emergency response, while retaining its voluntary ethos and continuing its community support services. There will be no additional financial costs. We will make a net saving by enacting this legislation.
A Member referred to the current training standards of Civil Defence volunteers. That will remain. It is important that every member of Civil Defence is trained to a very high standard. Nobody knows what they will face at any time. I outlined the reasons that Civil Defence was set up originally, and for that reason the volunteers must be trained to a very high standard. Senator Trevor Ó Clochartaigh referred to its operational work and whether volunteers will have the same say in the organisation and have their voices heard. Voluntary organisations must listen to the members on the ground because if they do not do so, the organisation has failed. The voice of the voluntary members of Civil Defence has been and will continue to be listened to when Civil Defence transfers to the Department of Defence. It is important the Minister, the Minister of State and the officials in the Department listen to the volunteers. We have listened to their views.
We are trying to retain the current budget of Civil Defence. Volunteers give freely of their time, which we respect. It will be difficult to retain the current budget in these challenging economic times, but the volunteers give not just an hour or two a week but often their weekends. That must be recognised. The Minister, his officials and I as Minister of State very much appreciate that.
I look forward to the Committee Stage debate in both Houses. Members will have the opportunity table amendments, which I assure them will be discussed in detail. We will listen to their arguments.
The Bill will be very positive for Civil Defence and will bring new enthusiasm into the work of the organisation. I thank Members for their contributions which have been most instructive and helpful. I look forward to a constructive Committee Stage debate.
Question put and agreed to.
When is it proposed to take Committee Stage?
On Tuesday, 20 November 2012.
Committee Stage ordered for Tuesday, 20 November 2012.
Sitting suspended at 3.20 p.m. and resumed at 4.30 p.m.