Seanad Éireann debate -
Wednesday, 24 Apr 2013

Vol. 222 No. 12

Adjournment Matters

Rural Transport Services Provision

Senator Kathryn Reilly

I welcome the Minister of State. I tabled this matter in the aftermath of receiving a large number of representations from users of the rural bus transport scheme who are concerned about its future. The scheme, which has been in place since 2002, was established to combat rural isolation. In its infancy it accounted for 151,000 journeys. This rose to 1.7 million last year. A typical journey would involve collecting elderly people in outlying areas on a Friday morning to bring them to the nearest town in order that they might collect their pensions. Another would involve transporting schoolchildren in rural areas to places where they might avail of facilities such as swimming pools on a regular basis. As a Senator based in a rural area, I am acutely aware of the importance of a good rural transport service and I see the wonderful work done by Cavan Area Rural Transport and Baltibus Rural Transport.

A State-subsidised rural transport service not only helps to deliver some measure of equality between rural and urban areas, but it also plays a vital role in combating rural isolation, which is a particular problem for the elderly. A survey undertaken last year shows that 56% of users - two thirds of whom are women - are over 65 years of age. For some people who live in rural areas, the rural transport service is the only connection they have with the outside world. The door-to-door services has, in many cases, provided a lifeline to people, particularly as it brings them out of their homes. A study published by the Society of St. Vincent de Paul indicates that loneliness is the biggest problem faced by older people and refers to the importance of rural transport in addressing the sense of isolation often felt by these individuals. It must be remembered that not every older person is in a position to run a car. In addition, those who have been widowed or who never married often live alone. That is why the service provides such a lifeline.

The 2009 an bord snip nua report compiled by Colm McCarthy recommended the abolition of the network and stated:

Given the availability of private sector bus alternatives, the high level of car ownership, and the underutilisation of synergies with other publicly funded local transport services support the view that the level of direct exchequer assistance can and should be eliminated, particularly in light of current budgetary circumstances this programme should be ended.

Earlier this year and following on from concerns about information linked to one of the newspapers, the Minister for Transport stated:

Work is underway to determine the optimal structure for the delivery of rural transport from an efficiency and service perspective. One of the proposals being examined is that the RTPs be "aligned" with local authorities and that a number of Transport Coordination Units be established.

The Minister also indicated that he would be in a position to recommend a new structure later this year and said: "I will be ensuring that any future structure for the RTP will be based on community input, local flexibility and involving the voluntary sector." Will the Minister of State indicate when this structure will be recommended, the shape it will take and the steps that will be taken to ensure that it will be based on community input, local flexibility and involving the voluntary sector?

As stated, many users are concerned with regard to the service and the shape it will take in the future. People who live in rural areas have already been put to the pin of their collars and many communities have been damaged by mass emigration, Garda station closures and the loss of schools. The potential changes to and decimation of the rural transport network give rise to further cause for concern. The denigration of the network will lead to a reduction in the quality and flexibility of services, which means that many elderly people who live in isolated rural areas will have their mobility curtailed. We are opposed to the centralisation of this scheme and we hope that the existing service will be maintained. We are of the view that the proposed takeover could affect routing and the general management of the voluntary transport system, which has been operating successfully for over ten years.

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy John Perry)

I am taking this matter on behalf of the Minister of State with responsibility for public and commuter transport, Deputy Alan Kelly.

An overall budget of €9.133 million has been allocated to the rural transport programme, RTP, for 2013. This is a small decrease on the 2012 allocation and it comes during a very difficult time financially. Cavan Rural Area Transport, CART, has been allocated €211,012 in RTP funding for 2013. In addition, €42,348 in free travel pass funding has been allocated by the Department of Social Protection. This represents a total allocation of €253,360 for the provision of RTP services in the Cavan area.

In its programme for Government, this Administration made a commitment to maintain and extend the RTP with other local transport services. The Government recognises that the RTP plays a major role in combatting rural isolation and enhancing the mobility, accessibility and community participation of local people, particularly those at risk of social exclusion.

Senator Denis Landy

I apologise for interrupting but I wish to raise a point of order, namely, that copies of the Minister of State's reply have not been made available.

It is difficult for us to follow the Minister of State without the copy.

Acting Chairman (Senator Feargal Quinn)

That is a matter for the Minister of State, not for the Chair.

Deputy John Perry

I will send around a copy when I am finished.

Senator Denis Landy

I thank the Minister of State.

Deputy John Perry

The aim, therefore, is to strengthen the rural transport programme, RTP, by ensuring a more efficient delivery structure and by maximising integration with other State transport services. It is the ambition of the Minister of State, Deputy Kelly, to make the programme a sustainable part of the public transport system.

Developments initiated by the Minister of State since his appointment have been aimed at ensuring that in future we will have a more complete and cost-effective transport service offered in rural areas which better meets the transport needs of all users. To this end, national responsibility for local and rural transport services integration, including the RTP, was assigned to the National Transport Authority, NTA, with effect from 1 April 2012, putting such services in a broader transport context. The national integrated road transport committee was established in April 2012 comprising key stakeholders and chaired by the NTA to oversee and manage a partnership approach to implementing integrated local and rural transport. This was in recognition of the scope for and the desirability of achieving greater levels of transport integration and co-ordination delivery across a range of Exchequer-funded local and rural transport services such as schools and HSE transport services.

I acknowledge the good work already being done by the RTP groups in respect of integration. Significant progress has been made with considerable engagement by the local RTP groups with State agencies which provide transport, for example, Bus Éireann and HSE services. The majority of the RTP groups have services which link with mainstream public transport services, bus stops and train stations. Some 26 RTP groups are now providing services for the HSE throughout the country and I know from my experience in Sligo that this operates very effectively and that it is a fantastic service. Some 16 RTP groups are providing services for schools and preschools. In addition, the RTP groups are now providing services for other organs of the State, including Rehab, the National Learning Network, Cara, the Irish Wheelchair Association, IWA, Enable Ireland, Cheshire Homes and the Centre for Independent Living.

The Minister of State is, therefore, perfectly aware of the valuable work done by the RTP groups such as CART in ensuring that the transport needs of local communities are being identified and delivered within the available resources. However, given that resources are limited and that the value for money and policy review of the RTP groups published last year recommended organisational restructuring with which I agree to achieve efficiencies and the establishment of a better alignment within the groups and local authorities, it is necessary that the current delivery mechanism and structures are examined and revised. In conclusion in this regard the current structures of RTP groups are not sustainable if the required efficiencies and savings are to be achieved. If these are not achieved then given the limited resources available, services will decline and no one is keen to see that happen.

It is about working on the ground. Work has been under way during the past six months to determine the optimal structure for the delivery of rural transport from an efficiency and service perspective. This has involved consultations with the Department of the Environment, Community and Local Government, the County and City Managers Association and the Rural Transport Network. In the context of aligning the new structures with the local authority structure as part of this process, the Minister of State received a comprehensive submission from the Rural Transport Network setting out the vision for a restructured RTP based on a more sustainable model of transport for rural areas and building on the integration work to date. Taking on board the views of the Rural Transport Network and others, the Minister of State will ensure that any future structure for the rural transport programme will be based on community input, local flexibility and involving the voluntary sector. By its nature, rural transport is community-based and this will remain under any new structure.

I emphasise that no decision has been taken. The Minister of State is awaiting proposals from the NTA following the conclusion of its deliberations and discussions. He hopes to be in a position to recommend a new structure in the near future which will allow for the maximisation of spend and services and the reduction of administration costs. While I understand and fully appreciate that this creates a level of uncertainty for the RTP groups, I hope the outcome will be a better service delivered more efficiently. The Minister of State will be working with all involved in the coming months to make any transition as smooth as possible.

An Cathaoirleach

Does Senator Reilly have a brief question?

Senator Kathryn Reilly

I wish to get a copy of the transcript.

Deputy John Perry

The Whip's office will make it available.

Nursing Home Services

Senator John Whelan

I join the Cathaoirleach in welcoming the Minister of State, Deputy Lynch, to the House. I am grateful that she is taking this question on behalf of the Department of Health because no one in the country doubts for one second the commitment, care and compassion that the Minister of State brings to her role in the area of elderly care.

The question is particularly topical and interesting because only today the Minister of State launched the Government's national positive ageing strategy. It underlines and underscores exactly my concerns that Ireland should have embedded as part of a Government policy an ageing-friendly society and services for our senior citizens in order that they can be cared for with dignity and in confidence and comfort in the autumn of their years. It is an urgent matter, as the Minister of State pointed out today, because by 2041 more than one quarter of the population, that is 1.4 million people, will be over the age of 65 years. This will put great demands and responsibility on the State and the Government because we have a duty of care to senior citizens.

In County Laois it falls to our three important community nursing homes in Abbeyleix, Shaen near Portlaoise and Mountmellick. However, they are all operating under capacity and none are operating the full range of services they could deliver if they were given the resources, support and commitment from the HSE and the Minister for Health which, I believe, they deserve. I publicly thank the Minister of State for taking the time to visit the hospitals at Shaen and Abbeyleix. I know that she was moved and impressed by the quality and level of care that was provided for the patients and senior citizens in both hospitals.

As far back as October 2011 the HSE dropped a bombshell on the people of Laois when, without any consultation, it unilaterally announced a decision to close both Abbeyleix and Shaen hospitals. This was a mind-boggling decision and it was only halted by people power when the people of Abbeyleix and Laois came out in their thousands to protest and prevent it. It took three brave senior citizens, elderly ladies in their 90s, to go to the High Court to stop the HSE from proceeding with the decision. Thanks to the judgment of the High Court, the HSE was instructed at that stage to embark on a genuine public consultation process, which was conducted. To be fair to the people of Abbeyleix and Shaen, their families and the community at large, they engaged in that process in good faith and in an honest way but the consultation process concluded almost one year ago, last May. I understand the report from the review was forwarded to the Minister for Health, Deputy James Reilly, sometime in the autumn of that year. The Minister has had the report and recommendations from the HSE for more than six months. I do not believe it is unfair or undue to expect that the Minister should take away the doubts, concerns and the anxiety that is being experienced by the senior citizens of Laois. He should confirm to them his commitment, the commitment of the HSE and of the Department of Health to the community nursing homes in Shaen and Abbeyleix because the people of Laois, the elderly citizens of Laois and the patients and their families who are in both hospitals receiving great care deserve to know where they stand. To be fair the issue has dragged on for too long.

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

I thank the Senator for raising this issue as it gives me an opportunity to outline the current position. He has outlined the history in respect of events rather well. The Abbeyleix community nursing unit is a two-storey building registered with HIQA for a period of three years with effect from 16 May 2012. The maximum number of people that can be accommodated at the community nursing unit is 33. There is also a day-care centre attached to the building. St. Brigid's Hospital, Shaen, is located in a rural setting approximately 7 km from Portlaoise.

That hospital is also set out over two storeys and was registered with the Health Information and Quality Authority, HIQA, on 16 January 2012 for three years to provide accommodation for up to 32 people. In October and November 2011, the HSE announced the closure of St. Brigid's Hospital, Shaen, and the Abbeyleix community nursing unit. In recognition of the strong views held by residents and others, however, the HSE agreed to review the position for both facilities and to embark on a new consideration of the relevant issues. I have met the three ladies involved. Not only were they brave, but also articulate and sprightly.

The new process began with a comprehensive consultation exercise. Central HSE protocol sets out how consultations and subsequent decision making should operate in this context. This protocol sets out the following: who should be consulted, including residents, next of kin, interested parties, action groups, public representatives and unions-staff representation; a named HSE official, known as the designated officer, should be given responsibility for considering all of the available views, information and evidence and for proposing a course of action based on these considerations; and the factors that should be considered by the designated officer. These include issues arising from the range of views expressed through the consultation process, the context and validity of the submissions received, an assessment by the relevant managers of the position, a medical review of the residents and any additional information.

In May 2012, this protocol was applied with the launch of a public consultation process regarding the potential closure of Abbeyleix community nursing unit and St. Brigid's Hospital. All relevant information and submissions were presented to the designated officer on 16 August 2012. The Senator will be aware that there were almost 100 submissions received and more than 60 meetings took place with interested parties, 55 of whom were with residents and next of kin.

In line with the HSE protocol, the designated officer confirmed that the relevant procedures and processes had been fully adhered to in considering these cases. He also confirmed that he had reviewed all submissions received, with the other relevant documentation that I have described. Having considered all of the information available, he formulated his recommendations and submitted them to the Department. These are being considered by the Minister and it is anticipated that an announcement will be made shortly in respect of both facilities.

Although there is nothing new in my reply, I recently checked and know that the Minister will make a decision on both facilities shortly. This will probably bring a great deal of relief to the people involved.

Senator John Whelan

I thank the Minister of State for her comprehensive reply. It is good to hear that a decision by the Minister is imminent. I have heard the word "shortly" in recent months.

Deputy Kathleen Lynch

I know.

Senator John Whelan

He has had the report on his desk since before last Christmas. Six months is a long time to consider this issue. The hospitals are not even running at the level for which HIQA has cleared them. For example, the Abbeyleix facility only has 22 patients. The community fears that moves are being taken to close it by stealth, to wear people down and to procrastinate. I urge the Minister of State to take a message to the Minister - the people of Abbeyleix, Shaen and County Laois in general are waiting anxiously for a decision. We hope "shortly" means soon.

Farm Inspections

An Cathaoirleach

I welcome the Minister of State, Deputy Perry, back to the House. I call Senator Higgins who has been active today.

Senator Lorraine Higgins

Does the Minister of State have the details pertaining to my question?

Deputy John Perry

Yes.

Senator Lorraine Higgins

I welcome the Minister of State and thank him for being present to discuss farm inspections. As he probably knows, the inspection regime is about to restart. In this light, it is imperative that I highlight some of the practices carried out by some - I stress that word - officials during the last inspection period.

In my constituency of Galway East and replicated throughout the country, inspectors arrived on farms to conduct inspections without giving prior notice. In the ordinary way, this would render their arrival on the farms illegal, but they arrived under the guise of the animal feed and hygiene regulations, under which no notice is required according to EU law. A difficulty arose in many cases, in that the departmental officials in question purported to be carrying out tagging inspections on cattle and sheep, in respect of which 48 hours notice is required, and further inspections on land eligibility, in respect of which 14 days notice should be given. From my legal experience, it is clear to me that a cut to any single farm payment stemming from such inspections would be null and void, as the official in question would have exceeded his or her jurisdiction. In many of the cases of which I have been made aware, some departmental officials gave notice to farmers that the latter's single farm payments were going to be cut. They did this on an ad hoc basis and the notice was not particularised.

It is clear that we as a Government must strive for better standards to ensure best practice is adhered to and that the fundamental principles of fair procedures and processes are upheld. The farmers of Galway East dread the inspections that are about to start. Often, farmers are afraid to stand up for their rights for fear of detrimental action being taken against them. This is wrong and unacceptably reins in the farming community. We must put a stop to it.

Will the Minister of State ensure all rules and regulations are adhered to by the Department's officials? To ensure clarity, will the Minister for Agriculture, Food and the Marine and his Department distribute a charter of rights to all farmers in order that it can be shown that we have taken steps to alleviate this unacceptable situation? People should not live in fear of inspections. I look forward to the Minister of State's response.

Deputy John Perry

I have a comprehensive reply from the Minister for Agriculture, Food and the Marine, Deputy Coveney. I wish to convey his apologies for being unable to be present to discuss this important issue.

As the House is aware, the Department of Agriculture, Food and the Marine carries out a range of farm inspections. This activity relates to the delivery of the significant supports paid to farmers under various EU and nationally funded schemes and ensures that requirements relating to public and animal health are being met. This inspection regime is a prerequisite for protecting public health, securing significant EU funding and ensuring that our vital export trade in food products is protected.

Senator Lorraine Higgins

On a point of order, I do not have a copy of the Minister of State's speech.

Deputy John Perry

The Senator will have it before I leave.

Senator Lorraine Higgins

I thank the Minister of State.

Deputy John Perry

As well as protection under the law, farmers are covered by a charter that, following agreement with the farming bodies, defines their relationship with the Department in respect of a range of measures. It comprehensively sets out a broad range of information on the Department's schemes, including on the main elements of the checks carried out to verify compliance. Thus, farmers are empowered by this information on what is expected of them and on the principles and values governing the performance of inspections. The charter, which is available on the Department's website, also provides farmers with information on the appeal procedures open to them and explains how a complaint can be made should the level of service fall short of what is expected.

In so far as the direct area aid related inspection regimes are concerned, the Department is required to carry out a mandatory range of inspections to a standard that meets EU audit requirements in order to protect the drawing down of the significant funding involved. Every effort is made to take account of the realities of farming, in particular the effects of the pattern of bad weather experienced in the past year.

I will restate the significance of direct payment schemes to recipients and the wider economy. In annual terms, payments under the single farm payment scheme amount to €1.7 billion. Since 2005, total payments have reached almost €9 billion. In 2012, more than €1.2 billion was paid to more than 123,000 farmers under the scheme. These payments have provided and, under the reformed Common Agricultural Policy, CAP, will provide farmers with a stable, guaranteed level of income during challenging economic times and underpin the future of our farming sector, particularly in the context of the ambitious Food Harvest 2020 programme.

I will now take the opportunity to give the House an overview of the nature of this inspection regime. The Department of Agriculture, Food and the Marine, in the context of delivering the single payment scheme, disadvantaged areas scheme and other area-based schemes, is required to carry out annual inspections covering eligibility of the land declared to draw down payments and cross-compliance aspects to ensure compliance with EU regulatory requirements in the public, animal and plant health environment, as well as animal welfare. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually. Land eligibility checks must be carried out in 5% of applicants, with these checks carried out to verify that the area claimed in the application form corresponds with the area farmed by a farmer and to ensure that any ineligible land or features are not included for aid purposes.

The Department has made every effort to respond to concerns about the impact of the on-the-ground inspections of farmers, with up to two thirds of some inspections initially carried out without a farm visit, as the information is verified by using remote sensing via satellite. The rate of inspections for cross-compliance is 1% of applications to whom statutory management requirements and good agricultural conditions apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements, with 3% of sheep and goat farmers to be inspected, covering 5% of the flock. That is fair enough when one considers the amount of money being paid out. It is a recognised principle of the direct aid regime that it serves broader public good objectives and contributes to the maintenance of the environment. These inspections are necessary to verify that the objectives are being met.

The overall annual inspection cycle can only commence following completion of a structured risk analysis selection process which includes the analysis and evaluation of data from the previous year's inspections. Eligibility inspections can only commence following the initial stages of processing of the current year's single payment scheme applications. In order to be eligible to draw down EU funding, it is a requirement that all land eligibility inspections must take place before any payment can issue to a farmer in that country in a given year. Whereas cross-compliance inspections can be carried out after a payment has been made, it is a regulatory requirement that this category of inspections must take place throughout the calendar year to take account of specific requirements at individual statutory management requirement level. However, in so far as is possible, the various categories of inspections are integrated with a view to avoiding more than one visit to a farm. There are also inter-agency agreements in place, such as those with local authorities, in order to facilitate the approach.

With regard to delivery of on-the-ground inspections, all the Department's inspection officers are very experienced, trained and expected to carry out inspections in a professional, non-biased manner, and in accordance with the charter. Inspectors are also fully aware of the difficulties being encountered by farmers due to adverse weather conditions experienced over the past year. Each inspected case will therefore have all factors, including poor weather, taken into account when any decision on the outcome of an inspection is arrived at. Appropriate appeal mechanisms are also in place to protect the interests of farmers who have difficulty with decisions made regarding the single farm payment applications and under this process, a farmer may initially seek to have an inspection outcome reviewed internally by a senior officer. Where the farmer remains dissatisfied, the decision can be appealed to the independent agricultural appeals office and, ultimately, the Office of the Ombudsman, which brings an entirely external and visible independent dimension to the process.

I should emphasise that as with all aspects of activity, the Department's ethos is to discharge its inspection responsibility in a professional, courteous manner. Inspectors are, by definition, at all times governed by the law and the ethics relating to their employment as public servants. The Department has invested and will continue to invest considerable resources in training the inspectorate to ensure that the objectives of a particular inspection are achieved while maintaining a positive engagement with farmers. Nevertheless, it is fully understood that some farmers can find preparation for and participation in the inspection process stressful. However, every effort is made to minimise such issues, with good will and a reasonable approach on all sides. Therefore, there is no reason a satisfactory outcome cannot be achieved.

Senator Lorraine Higgins

I thank the Minister of State for the very detailed response but unfortunately, I am bogged down in technicality. There was very little to address the problem I have highlighted relating to Department inspections. The Minister must face up to and acknowledge the fact that there is a problem in this regard. He must issue a directive from the Department that any official found breaching fundamental laws that protect the farmer will face disciplinary action by the Department. It is unacceptable that the fundamental rights of Irish farmers are being breached, and something must be done. If action does not come from the top down, there is little hope for the laws of the country.

Deputy John Perry

Considering the very comprehensive reply from the Minister, we can see that there is a charter. There may be an occasional clash of personalities but most farmers I know can do all their returns online. One can consider the remit of inspectors and their independence. Very few farmers are inspected and much of the process is done through automatic qualification. I fully endorse the reply, which could not be more comprehensive in dealing with the issues raised by the Senator. The ethos in the Department is to support farming in every possible way and consideration is given to any difficulties encountered. In every business there may be a personality clash but by and large, if people make an effort to comply, they will be fully supported by the Department.

Senator Lorraine Higgins

I have only been a public representative for two years but I am astounded by the number of cases coming before me concerning breaches of procedure and law. I am a member of the Labour Party, which would not have been known as a farmer-friendly party; therefore, it is amazing that farmers are coming to me about it. As that highlights the problem, I would appreciate it if the Minister of State could pass on my concerns to the Minister, Deputy Coveney.

Deputy John Perry

The Senator can rest assured of that.

Senator Lorraine Higgins

I would hate to see many judicial review cases being brought against the State in the High Court.

The Seanad adjourned at 7 p.m. until 10.30 a.m. on Thursday, 25 April 2013.