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Seanad Éireann debate -
Thursday, 10 Jul 2014

Vol. 233 No. 3

Adjournment Matters

Dublin-Monaghan Bombings

I welcome the Minister of State at the Department of Foreign Affairs and Trade, Deputy Paschal Donohoe.

I thank the Minister of State for coming in to respond to this important topic.

The purpose of this Adjournment matter is to query the response from the British Government in respect of the requests for release of the files on the Dublin and Monaghan bombings. I am aware the Secretary of State for Northern Ireland has said it will continue to talk about the issue, but that is not the same as releasing files. Those files have been in secure locations for the past 40 years. As stated recently in this House by me and others, if my country was accused of mass murder, the first thing I would say is that we had nothing to do with it, we have nothing to hide, we have information that might be of assistance and if we can be of assistance in identifying the perpetrators we will assist our neighbours. One cannot say on the one hand that we have improved relations with our neighbours, as we have in many areas in the past 40 years, while on the other hand they are accused of the largest killing in one day where collusion is suspected. Many reports, including the Barron report, have said it is most likely that the British security forces were involved. The question is whether it had sanction. Was it cleared at the highest level?

The next issue is the shootings that took place in Ballymurphy where ten unarmed civilians were shot in the space of 72 hours by the Parachute Regiment which, a few weeks later, went to Derry to carry out the killing of unarmed civilians there in a matter of minutes. What is the British Government doing in respect of seeking justice for those who were killed? I posed the question in the House on the day I raised the issue. In Ballymurphy a mother of eight was shot in the face and died. Those children of Joan Connolly are entitled to know who killed their mother. They are not seeking revenge. I fear justice would elude them but they are entitled to the truth.

The next issue on which I seek a response is on the military reaction force which was uncovered by a BBC Panorama documentary which highlighted the that this was an official undercover unit, sanctioned by the British army, which would go around west Belfast into Catholic areas and shoot civilians. Its intention was to shoot armed men at checkpoints but that did not always happen. Innocent civilians were killed. The former British Prime Minister, Mr. Ted Heath, at Downing Street was shown a memo. BBC Panorama uncovered the document which stated that the Prime Minister had asked that the next unit being constructed after the military reaction force should operate within the law, which is a clear admission that he was aware that the military reaction force had operated outside the law. As a Prime Minister being aware that his own army was acting outside the law in going around part of a territory to which he had a claim, one would imagine he should have taken action if it had not been sanctioned. Unfortunately, as we now suspect, it was sanctioned at the highest level.

The last issue is the most serious as it has consequences for citizens around the world. It concerns the RTE documentary about the hooded men and the case taken by the former Taoiseach, Jack Lynch, to Europe.

The Government pursued the British Government for the torture of those citizens, disputed or otherwise of Ireland. It won the initial court case, but on appeal the judgment that those hooded men were tortured was overturned. It was said that while the torture tactics employed - the use of stress, the hooding of the men, their subjection to white noise and interrogation for hours on end without a break - was a case of enhanced interrogation techniques, it was not torture. It decided that because the evidence provided by the British side in regard to the effects on the men in question was such that it could not be construed as torture. However, what was uncovered by the RTE documentary was that the effect was traumatic. Lives were shortened, suicides occurred and these men were never the same again after being detained and tortured by the British Government.

In light of this new evidence and of the fact that the Government is now entitled to revisit the case, will it do so? I ask this not because of the historic nature of the offences that occurred against these citizens but in view of the fact that the ruling made by that European Court of Human Rights is now used by states and democracies around the world. They say that because Ireland took this case, those forms of interrogation are legitimate, because a European court has said they did not have an adverse effect on the people subject to them. We now know, because of RTE's excellent report, that they had a hugely traumatic, debilitating and life-changing effect and that, by any measure, the forms of interrogation used were torture. It is beholden on the Government now, in light of this new evidence, to set the record straight, so that no democracy can use the ruling of the European Court of Human Rights, which is false because of the evidence withheld from it by the British Government at the time.

I raise this not because of the historic nature of much of what I have talked about, but it is important the record is set straight on this issue.

I thank the Senator for raising this issue. As he is aware, the legacy of the past continues to seriously disrupt political and community life in Northern Ireland. The Government is committed to playing an active and constructive role in dealing with the issues, including through raising relevant matters with counterparts in the British Government.

The Government continues to support the all-party Dáil motions of July 2008 and May 2011 urging the British Government to allow access by an independent international judicial figure to all original documents in its possession relating to the Dublin-Monaghan bombings. In May 2014, the Minister for Foreign Affairs and Trade raised this matter with Secretary of State for Northern Ireland, Theresa Villiers, who undertook to reflect afresh on the Government's request to grant access to the relevant documents. The Government has expressed its solidarity with the victims and survivors of the Dublin-Monaghan bombings and their families. The Taoiseach, the Minister of State with responsibility for development and I participated in memorial events on the 40th anniversary of the bombings and the Minister for Foreign Affairs and Trade recently announced renewed funding for Justice for the Forgotten, a group which works with the families affected by the bombings, through that Department's reconciliation fund.

I would like to stress to Senator Daly that when I participated in that event, I was left in no doubt that the loss felt by those families is keen and acute and that their desire for justice and an investigation of this serious issue remains strong. This is one of the reasons the Taoiseach participated in the recent event and updated the families of the victims of the bombing on what the Government is doing and how it seeks to pursue the issues they have raised, which have been the subject of all-party motions in the Dáil.

Both the Taoiseach and the Minister for Foreign Affairs and Trade expressed their disappointment at the decision of the Secretary of State for Northern Ireland on 29 April 2014 not to appoint a Hillsborough-style panel to review the Ballymurphy cases the Senator raised. They have since raised the matter with Prime Minister Cameron and the Secretary of State for Northern Ireland, respectively. The Minister for Foreign Affairs and Trade informed the Secretary of State that, lacking agreement on a new model for contending with the past, a poorly functioning historical inquiries team and a severely backlogged coroner's court, the British Government should support reasonable and considered requests such as that made by the Ballymurphy families. The Minister for Foreign Affairs and Trade has stressed strongly to his counterpart our view that the British Government should support these reasonable and considered requests from the families that have suffered in respect of this terrible incident.

The House will be aware of the RTE "Prime Time" special programme on the "hooded men" case, which alleged that the British Government may have misled the European Court of Human Rights in the case taken by Ireland against the UK on the hooded men and other matters. In that case, the European Court of Human Rights considered an earlier report by the European Commission on Human Rights that the in-depth interrogation methods used by the British authorities in Northern Ireland amounted to torture. The court found that, while the interrogation methods were "inhuman and degrading", they did not amount to torture. The Department of Foreign Affairs and Trade has been in contact with RTE and with the Pat Finucane Centre, on whose work much of the programme was based, and is currently reviewing archival records in order to fully assess the claims made by the "Prime Time" programme.

The House will also be aware of the issues raised in a BBC "Panorama" documentary in November 2013 concerning the alleged activities of an undercover British army unit, the military reaction force, MRF. The Northern Ireland Director of Public Prosecutions, Barra McGrory, has asked the Chief Constable of the Police Service of Northern Ireland to investigate these allegations. The DPP has been provided with a detailed analysis by the PSNI of the comments made by three former soldiers in the course of the programme. In respect of the serious allegations surrounding the activities of the MRF, the PSNI is seeking to identify those who appeared on the programme and those who provided information to it.

Cases like Ballymurphy, the military reaction force and the Dublin-Monaghan bombings, the hooded men and other legacy cases, underline the need to find a comprehensive, fair and balanced framework for dealing with the past. If not dealt with, the past will continue to have a deeply corrosive effect on politics. In this regard, it is disappointing that Unionist parties withdrew last week from talks in Belfast on parades, flags and dealing with the legacy of the past. It is hoped that this is only a temporary setback and that all the parties will return to the talks as early as possible.

I would like to thank the Minister of State for his reply and for the work of the Government in raising these issues on a continual basis. I can only agree that the talks on parades, flags and dealing with the past have collapsed.

Much of that has to do with the fact that the British Government does not seem to be engaged on this issue now. It is not acceptable that David Cameron met the leader of Sinn Féin for only the first time after being in office for three years. That is not serious engagement in trying to resolve these issues. I thank the Minister of State for his reply.

The Secretary of State for Northern Ireland said that the British Government will reflect on the issue. It is being implicated in mass murder, 34 people in one day. The Minister of State has attended the relevant events. The Taoiseach has a very strong view of what should be done about these bombings. If I had been accused, as the British Government has been, of implication in mass murder I would clear my name. I would give out all the files and say I have nothing to hide. If the British Government has nothing to hide why not give out the files. The research done by the Pat Finucane Centre in Dublin and Monaghan on the hooded men has found clear evidence that it is most likely implicated.

The hooded men are important. The use of enhanced interrogation techniques such as hooding, making people stand against a wall in stress positions for hours, subjecting them to white noise, sleep, food and water deprivation, are being used today. Democracies use them because the European Court of Human Rights said they did not have an adverse effect on those 14 citizens in Northern Ireland. The evidence the British Government withheld from the Irish Government and from the court shows quite clearly that it did. This country has an obligation to ensure that the record is set straight and that the countries using this technique stop and do not use the EU court ruling as justification for doing so.

I thank the Senator for raising these important issues. The breadth of issues raised emphasises the great importance of having a framework within which each of these issues can be dealt with. What should be emphasised is that, individually, the leaders of each political party in the North of Ireland have stressed the support they have for creating such a framework and dealing with many legacy issues and many we are now grappling with, such as flags and parades.

As recently as 3 July, when the Minister for Foreign Affairs and Trade spoke to the Secretary of State for Northern Ireland, and on 6 July, when the Taoiseach spoke to the Prime Minister, Mr. Cameron, the Irish Government continued to emphasise the need for the talks on the legacy issues to resume as soon as possible because we understand that these issues, while they may be in the past, have a decisive influence on where we are now.

I saw how the families who have suffered as a result of the incidents I mentioned, feel. It also influences the politics of the present. We all in this House, party or non-party, are united in wanting to see the stability and peace that have been secured in the North of Ireland and the progress the communities there have made, firmly stabilised. We also want to see further progress towards a brighter future for everybody in the North of Ireland and for the island of the whole. I thank the Senator for raising very important issues and I am available at any point to come in and update the Seanad on where these various matters stand.

Summer Works Scheme Applications

I welcome the Minister of State at the Department of Education and Skills, Deputy Cannon, to the House.

I thank the Minister of State at the Department of Education and Skills, Deputy Cannon, for coming to the House to take this Adjournment matter.

I received representations from the principal of the school in Dundalk last February regarding security issues and ongoing anti-social behaviour on school grounds. The school applied for summer works funding and was unsuccessful in both funding rounds. I appreciate that schools with the most need and the most pressing issues were allocated funding.

Many primary and post-primary schools from County Louth were successful, which I welcome. This school, however, has major problems. It asked for external security lighting and CCTV installation. The consulting engineer for the application advised that it be listed under category three electrical works but the Department advised the school that its application would in fact be listed under category ten for consideration. Those of us who represented schools in applying for summer funding works were consistently told that in the first round it was category one or category two but if one was in category ten the chances of getting any of this funding were slim. I am not aware of any who got it.

The school has been plagued with break-ins and anti-social behaviour over the past year. It has lost over €60,000 in stolen or damaged equipment. The principal has been routinely called to the school outside school hours to deal with the ongoing anti-social behaviour. It is fortunate to have such a good principal who goes there straightaway when he gets the call and is frequently on-site after school hours.

The insurer for the school site insists that further measures be taken to improve the security and lighting on the campus but the school is in negotiations with the insurance company to pay for the damaged and stolen goods. In February the principal had to make an executive decision to reorder and replace equipment at a cost of over €40,000 to the school so that the students would not lose out due to the action of others. It is a Catch-22 situation because the insurance company says the school needs to put in more money or security equipment but it cannot get the equipment.

The Government had a fantastic idea to replace prefabs with buildings in schools. As a teacher I could see how much money was being wasted on renting prefabs. If we invest in our schools and put money into situations like this we will save money in the long run. Many classes were left without equipment that they needed for courses for many days. This is an emergency because if equipment is stolen one cannot run the class and should be entitled to emergency funding. Special iMac computers were stolen and the pre-leaving certificate students need that hard disc on the machines for assessment for their final year exams. This is a very serious matter. The students are suffering.

The school is known for being very innovative and offering a very high standard of education. I was delighted that the Minister for Education and Skills, Deputy Quinn, accepted my invitation to visit the school during the year because I was so impressed by the school's activities. He was equally impressed. It relies on a range of equipment to cater for a range of courses. The school is working very closely with the gardaí in the area but they also insist that security works be carried out. I appreciate that resources are limited but the school has engaged proactively on this and does need further assistance as a matter of urgency.

I thank the Senator for raising the matter as it provides me with the opportunity to clarify the current position in relation to the application made by O'Fiaich College for funding under the summer works scheme 2014 to address security measures at the school.

Last March, the Minister for Education and Skills, Deputy Quinn, announced that 386 schools would receive funding to the tune of almost €36 million to undertake gas, electrical and mechanical works under the summer works scheme 2014. In a further announcement on 2 May, the Minister announced a second round of approvals under the summer works scheme 2014. Almost €35 million is being provided by the Department under this second round of funding to a further 386 schools and this aims to upgrade toilets and roofs in primary and secondary schools nationwide. The Department has now approved the spending of more than €70 million on the summer works scheme to allow over 770 schools undertake vital improvement works during the summer months when pupils are on holidays, in order to minimise any disruption to the schooling. These improvement works represent applications submitted for categories 1 to 6, in order of priority.

Commensurate with the level of funding set aside for the scheme, applications were assessed on a top-down basis in accordance with the prioritisation criteria outlined in the circular accompanying the scheme. Unfortunately, due to the scale of demand for funding under the scheme, it was not possible to grant aid all applications, including the application from O'Fiaich College. However, in accordance with the scheme's circular, the school's application will be retained and will be prioritised for consideration under further rounds of the summer works scheme in the future, subject to availability of funding.

Despite the difficult economic environment, we are continuing to prioritise investment in school buildings which will enhance the learning and working environment for pupils and teachers. The Senator will be aware that my Department has provided significant grant aid to the school in recent years which has facilitated considerable improvement works. The projects undertaken include refurbishment works, roof works and improvements to the heating system, installation of an elevator, fencing, windows, external doors, electrical and toilet upgrade, mechanical works and energy upgrade. A total of €4.8 million was provided for these works.

I wish to thank the Senator for giving me the opportunity to outline to the House the current position regarding the summer works scheme application submitted by O'Fiaich College.

I will be brief and I do not mean to be flippant but there is no point in having state-of-the-art toilets if the school does not have equipment and classrooms are bare. I am very familiar with this school and I ask that something be initiated on this, perhaps as emergency works. I have encouraged the principal to apply for emergency works because with equipment having been stolen, students may be unable to complete exams. I appreciate the work and money that has been dedicated to the school but security is a huge issue and must be addressed urgently.

My understanding, from replying to a number of parliamentary questions on the summer works programme, is that schools that did not make it through the scrutiny process will be prioritised next time. I suspect that if a new summer works scheme applies in 2015, the school's application will be retained on file so it will be at the top of the queue, along with those other schools that were unsuccessful on this occasion. I hope the college will be facilitated.

The school could apply under the emergency works scheme but I stress that the criteria are strict - for example, a school must be unable to function without the emergency works for which an application is made. It is difficult to see how the school in question could succeed in such an application but there is no harm in trying.

If the equipment is not in the classroom, the school cannot operate.

Tree Remediation

I thank the Minister of State, Deputy Cannon, for engaging in this Adjournment debate. It is unfortunate for the Minister of State because this matter was tabled by me last week and the Minister of State at the Department of Agriculture, Food and the Marine, Deputy Tom Hayes, who is a good Tipperary man, as am I, was supposed to deal with it. In the intervening period he put the Minister of State, Deputy Cannon, in the hot seat after we beat Galway by nine points in Thurles. He will have to answer to his maker for that. On a serious note, I know the Minister of State, Deputy Cannon, has a great interest in hurling and the fate of our native ash tree.

In 2012, ash dieback arrived in Ireland and by April 2014 some 120 cases had been identified and 1,300 acres of forest had been destroyed. The industry supports 400 jobs and ash wood is used for many purposes, one of which is the making of hurleys. Some 350,000 hurleys are produced every year in Ireland but the cost of ash for this production has increased dramatically, even in recent months. Ash now costs €12 per plank, the raw material for a hurley, and it was previously €9.50. I commend the Department on the work it has done to date in trying to control the disease but it is a fact that Ireland imports 80% of its ash from elsewhere in Europe. Much of this comes from the UK where ash dieback is now accepted as unstoppable by scientists. It is expected that the ash crop in England will be destroyed in the coming years. The situation facing hurley makers is so serious that we have resorted to such drastic actions as enlisting the help of Queen Elizabeth II of England in providing ash from her royal forests in Sandringham Estate, Norfolk. This is something that has pleased Prince Philip and in which he has taken an active interest.

Coillte informed us prior to this outbreak that Ireland could be self-sufficient in terms of ash growth by 2018. How realistic is this estimate now? Work is being carried out in Norwich on a tree known as Tree 35 that may be resistant to the disease. Has the Irish Government or Coillte been involved in this work and what progress has been made with regard to the Irish case? How many outbreaks have occurred in 2014 and how widespread is the disease in Ireland? What percentage of ash trees has been affected by the outbreak and how is this issue being communicated to the general public? Teagasc held a number of public awareness meeting for farmers and those involved in forestry but many members of the public who walk through national parks do not recognise the signs of ash dieback and, thus, cannot notify the authorities. Can the Minister of State make a comment on medium and long-term stock level projections for Ireland?

The Galway hurlers have no further part to play in the championship but the Tipperary hurlers hope to be in Croke Park in September. I hope that hurleys made from Irish ash will be available in future because it is our national game and something in which we all take great pride. Hurling is a conversation ice-breaker in all situations and I take a great interest in it. I hope the Minister of State has good news on this issue.

I thank Senator Landy for this opportunity to update the House on the current situation on chalara fraxinea, the disease otherwise known as ash dieback. I assure him that we in Galway intend to make significant use of ash for many years to come.

The disease, which was identified for the first time in Ireland in October 2012 has, I regret to inform the House, spread throughout the country. At the current time there are a total of 120 cases of the disease. Some 47 of these cases are located in forest plantations, 21 are in nurseries and garden centres, 21 are in farms, some of which were planted as part of the Department of Agriculture, Food and the Marine's agri-environment options scheme, AEOS, and rural environment protection scheme, REPS, four were in private gardens, 25 were roadside plantings and two were in hedgerows. A total of 14 of the 120 cases were confirmed in 2014.

It is important that I take this opportunity to highlight the significant effort that the Department has put into trying to contain this very destructive disease. As a first step ash has been removed from the list of tree species approved under the afforestation grant schemes.

In recent years 10% of the planting programme was made up of ash. This was followed up in November 2012 when national legislative measures were introduced under the Destructive Insects and Pest Acts 1958 and 1991 to regulate the import of ash seed, plants and wood. In tandem, similar legislation was introduced in Northern Ireland. A major winter survey of ash plantations was undertaken by the Department soon after the disease was identified. This exercise focused on trees planted between 2008 and 2012. It included surveying of hedgerows, nurseries, roadside, landscape and farm plantings as well as forest plantations, the outcome of which was the confirmation of further findings of the disease. The survey was broadened to an ongoing growing season survey of ash planted over a much longer period.

Officials from the Department of Agriculture, Food and the Marine have worked closely with colleagues in Northern Ireland so that a framework could be put in place to support the implementation of a cohesive all-Ireland response to this issue. To this end, the all-Ireland chalara control strategy was launched by the Minister of State at the Department of Agriculture, Food and the Marine, Deputy Tom Hayes, and Minister O'Neill from Northern Ireland in July 2013. We continue to implement this strategy and see it as an important contributor in addressing the threat posed by chalara on the island of Ireland.

In terms of controlling the disease itself, arrangements have been put in place to remove all ash trees from the forest sites where the disease has been confirmed and from associated sites where trees from the same infected batches have also been planted. Eradication is also being carried out under the Department's supervision at non-forest locations. This work is being undertaken by staff from the forest service of the Department of Agriculture, Food and the Marine in conjunction with the relevant forestry contractors, the IFA and landowners in order to ensure as smooth a process as possible. In March 2013 a chalara reconstitution scheme was introduced to help forest owners affected by the disease. This scheme provides financial support for site clearance, as well as funding for the replanting of the site with a suitable alternative species. So far funding has been allocated in respect of 560 ha under the scheme and over €1 million has been paid to forest owners in grants.

The Department also continues its efforts to increase awareness of ash dieback and the serious threat posed by this disease. Early detection can allow for these plantations to be destroyed as soon as possible, thereafter preventing further infection from occurring. To this end a total of 22 chalara information meetings, organised by the Department and Teagasc, were held throughout the country. These took place during the month of May 2013. Approximately 800 people attended and information was provided on what to look out for and the implications in terms of clearance of a forest plantation. Clarification was also given at these meetings on the implications for AEOS and REPS farmers where the disease is found on the trees planted under these schemes. These farmers can apply to the Department for force majeure consideration, in which case payments will continue unaffected and there is no obligation to replant.

Following discussions with the GAA a one-page advertisement was placed in the match programme for the 2013 All-Ireland Hurling Final replay requesting patrons to look out for symptoms of ash dieback. In addition, the GAA has included an article in the monthly newsletter sent out to every club in the country in an effort to raise awareness further. Information continues to be disseminated through a poster campaign, advertisements and posting information to the Departments website. In May of this year an all-Ireland chalara conference was held, the aim of which was to update all interested parties on the latest developments with regard to the disease in Ireland and Europe as a whole. This conference, which was also attended by Minister O'Neill, provided an opportunity for experts to share information on dealing with this disease and to focus on the most recent developments regarding resistant strains of the species.

Chalara is a relatively new disease to science and consequently research is going to play a key role in stopping it. The Department has been working with scientists in Britain on a chalara modelling exercise. This will help predict the likely patterns of spread and, in turn, facilitate a more focused allocation of resources in terms of surveillance and control measures. In the longer term we must continue to work with industry, universities, farmers, landowners, voluntary organisations and the general public to explore and develop ways of minimising both the economic and environmental impacts of ash dieback. One of the most important areas of work is in the identification of possible resistance in ash. As part of this effort, Irish ash plants have been planted at a range of sites in south-east England to test for resistance. The research, which is funded in part by the Department of Agriculture, Food and the Marine, is being carried out by Forest Research, an agency of the Forestry Commission. In addition, the Department has launched a competitive call for research proposals on breeding ash for resistance and on modelling disease spread.

In terms of supply, Ireland requires in the region of 2,100 cu. m of hurley ash per annum, representing approximately 360,000 hurleys. Well over 70% of ash timber is imported to meet this demand. There is almost 20,000 ha of ash in the country, most of which is less than 20 years old. It is anticipated that we will rely on imports for the next five to seven years until these ash plantations reach the appropriate size. In the longer term, we must concentrate our efforts on trying to identify resistant species of ash so that we can begin to plant ash again as part of a national planting programme.

I thank the Minister of State for his very comprehensive reply. I appreciate that a great deal of work has been done in respect of this matter and that we are all as one in terms of trying to control this disease. On foot of the statistics provided by the Minister of State, it is quite obvious that we are not going to have sufficient ash to make hurleys for the next few years. There is a need for an immediate awareness campaign among members of the public in order that we might identify and remove infected ash trees as early as possible. This will allow us to retain the 20,000 ha of ash to which the Minister of State referred for as long as possible. I again thank the Minister of State.

There is significant merit in the suggestion the Senator makes in terms of public awareness. I recall several years ago that we had a significant problem with an invasive species, the Zebra mussel, which affected lakes and other bodies of freshwater throughout the country. A significant public awareness campaign was launched in respect of that issue and we have succeeded, to a certain extent, in addressing it. If a similar campaign were to be undertaken in respect of chalara, it might have a similarly positive effect. Working in conjunction with our neighbours in the UK in order to carry out research around disease-resistant strains of ash is equally important. We must continue to focus on this research from which, it is hoped, a positive outcome will be forthcoming in the very near future.

The Seanad adjourned at 6.35 p.m. until 12.30 p.m. on Tuesday, 15 July 2014.
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