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Seanad Éireann debate -
Thursday, 11 Dec 2014

Vol. 236 No. 6

Adjournment Matters

Organ Donation

I welcome the Minister to the House. The issue I wish to raise is that of organ donation. As the Minister knows, the system in Ireland is not all it should be. For too long, we did not have organ donor co-ordinators. There are many staff working excellently in the field very much on a voluntary basis. We were to appoint 20 new staff in this area as part of the HSE's service plan but there was only one line in the plan on organ donation. When one considers the number of people waiting for an organ donation and the cost to the Exchequer of organ donation, including the cost of dialysis for those in need of kidney transplants, one realises that if we had an improved system, there would be savings to the Exchequer over time.

We had the Seanad recalled the summer before last. The night before it happened, two HSE staff members were asked to move to the organ transplant office so that it could be announced in this Chamber that there was activity in the field. I welcome anything that results in activity and improvements in the field of organ donation. The appointment of 20 staff, which was to take place in August of this year, is also welcome. I hope to find out from the Minister what they are doing and what is his vision for organ donation in his term in the Department of Health.

The Minister has come from the Department of Transport, Tourism and Sport and I raised the following issue with that Department. We are collecting data from our driving licensing system, whereby people tick the box on whether they want to be organ donors, yet the Department of Transport, Tourism and Sport will not let the Department of Health access the information. It is a simple process of the Department of Transport, Tourism and Sport asking people, when people are applying for the driving licence card, if it is okay to share the information with the Department of Health and with doctors in the event of someone being suitable as an organ donor. It would make the decision for the family so much easier. We collect the data but it is not shared or is not available to be shared. Now that the Minister has spanned both Departments, perhaps he has a view on working with his colleagues in the Department of Transport, Tourism and Sport. I accept we are here to discuss the new staff in the organ donation section.

I thank the Senator for raising the issue of the steps being taken to boost organ donation and transplantation rates in Ireland. I was very pleased that, in the face of difficult economic circumstances, the Government arranged for the HSE to allocate an additional €2.9 million to organ donation and transplantation in 2014. This additional investment is a clear demonstration of our commitment to this important issue. The extra allocation will facilitate the recruitment of 19 whole-time equivalent staff dedicated to organ donation and transplantation. These comprise four consultants, six organ donation nurse managers, five organ procurement co-ordinators and four quality officers. Four people are already employed in the new roles and others are at various stages of recruitment. All posts will be filled next year.

The consultant intensive care posts and the organ donor nurse managers being recruited will form a key element of the organ donation effort in each of the six hospital groups around the country. Having these people on the ground in hospitals will provide a major boost for organ donation. The consultants and nurse managers will work to foster a strong culture of organ donation, optimise conversion rates and champion educational strategies and training programmes that promote organ donation to health care professionals across each hospital group. These key personnel will have a particular focus on protecting the interests of donating families throughout the donation process. The consent of the next-of-kin will always be sought before organ donation and no organs will be removed without such consent.

We must do everything in our power to comfort, console and counsel families who find themselves in the most difficult of circumstances, having lost a loved one, while encouraging them to agree to donate the organs of their loved one. Ultimately, organ donation can bring great comfort to grieving families as well as representing a gift of life for others. In order to reduce the risks and maximise the benefits of transplantation, procurement and transplantation centres must operate an effective framework for quality and safety and this will be led by a dedicated team of quality managers. A quality manager has been appointed in each of the three transplant hospitals - the Mater, Beaumont and St. Vincent's - and the recruitment of a fourth quality manager for the national organ procurement service is being progressed.

In line with international best practice, the national organ procurement service is being separated from the renal transplant service. In order to facilitate the separation of donor and recipient co-ordination, five organ procurement co-ordinators are being recruited. One is already in post, three are to start in early January and the fifth is to start in March.

In conclusion, I assure the House of my commitment to improving our organ donation and transplantation infrastructure. Organ donation and transplantation is an area of health care that brings so many benefits to the lives of patients and their families. I am confident this extra investment will facilitate an increase in the levels of organ donation and transplantation, to the benefit of patients and their families, while being a source of some comfort and consolation to the families and friends of the bereaved.

I thank the Minister for his reply and I welcome the moves made in respect of organ donation and transplantation. We had a number of issues raised at the time of the Seanad recall about the crossover and infrastructural failures of the implementation of the EU directive on organ transplantation by the Minister's predecessor. It was described by the head of the Spanish transplant authority as a system that would kill people because it was not streamlined. I am glad to see people being appointed.

While it is not the matter on the Adjournment, given the fact that the Minister had knowledge of both Departments, perhaps he can give his view on the matter I mentioned earlier, which is the greatest failure to have joined-up thinking. Can the Minister look into the ability of the organ donor co-ordinators to ask the driving licence authority whether the person had ticked the box? The decision is so traumatic that the fact that people know for certain that it was the wish of the loved one would make all the difference. I have an organ donor card in my wallet, as I am sure the Minister has, but this must be found for health care staff to know about it, unless it was discussed in advance.

I had some conversations with my predecessor, when he was Minister for Health, but the issue we discussed was the symbol to appear on the new driving licence. For various reasons, mostly regulatory, we agreed that if someone agrees to donate organs it is reflected in a code on the driving licence. What Senator Daly says makes a lot of sense to me. I am due to meet the organ donation team in the new year and it is something I will put on the agenda for discussion. I imagine there are data protection issues but they could be dealt with because the person, when renewing a licence, could consent to the information being included on a registry. That would be the easiest for transplant nurses in hospitals to have the information online and have access to it. It is a good idea and I will follow up on it.

Roads Maintenance

Coming from rural Ireland, the Minister of State is aware of the major issue of privately owned roads and the way they have been maintained. It is important that they are maintained to remain safe and fit for purpose for all road users, pedestrians and motorists alike. The cost of maintenance is incredibly expensive and far beyond the owners' ability to pay. In 2013, a private road servicing family homes in Killarney, County Kerry, cost an estimated €75,000 to repair. I am sure the Minister of State agrees this is a colossal amount for an individual, group or family to cover for access to property. While privately owned, such roads are often used by the public. Council schemes to tar and chip these roads have been discontinued, leaving owners adrift facing mounting and financially crippling costs for roads that are essential to their livelihoods. This leads to privately owned rural roads falling into disrepair, with potentially dangerous and restrictive consequences for those who use them. I know of four farm families in Galway East who have limited access to their farmland so that they can go to work and earn a livelihood. It is having a detrimental impact on their lives and the situation is clearly unfair to owners of privately owned roads.

I appreciate that county councils are very stretched financially in providing for the existing public road network and are not in a position to cover the costs that might be involved in repairing these roads. For that reason, I ask the Minister to introduce a generous road improvement scheme to fund private roads and improve road safety throughout the country. It would offer much-needed relief to the owners of these private roads and those in rural areas who rely on them.

I am pleased to reply on behalf of the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe.

The Minister has responsibility for overall policy and funding in respect of the national roads programme. The planning, design and implementation of individual road projects are a matter for the National Roads Authority, NRA, under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with section 19 of the Roads Act. The NRA has no function relating to non-public roads. With regard to regional and local roads, the improvement and maintenance of those roads is the statutory responsibility of each local authority, in accordance with the provisions of section 13 of the Roads Act 1993. Works on those roads are funded from local authorities' own resources, supplemented by State road grants. The initial selection and prioritisation of works to be funded is also a matter for the local authority.

Due to the national financial position, Exchequer funding for Ireland's roads has fallen radically. Funding in 2008 was €2.3 billion, while funding this year is less than €800 million for the national, regional and local road network. The reality is that the available funds do not match the amount of work required. For this reason the main focus has to be on the maintenance and repair of public roads, and this will continue to be the position for some years to come.

There is a scheme in place relating to non-public roads. The local improvement scheme provides funding for roads and laneways that councils have not taken in charge. However, the maintenance and improvement of these roads is a matter for the relevant landowner. There is no separate allocation for the local improvement scheme. Instead, local authorities may use up to 15%, up from 7% in 2013, of their initial discretionary grant towards local improvement schemes should they wish to do so. The local contribution for these schemes is 20% of the total cost of the project. It is my understanding that the majority of local authorities opt to focus funding on public roads. It is open to local authorities to supplement the percentage of their discretionary grant that they can use for the local improvement schemes with their own resources.

As I mentioned earlier, the purpose of Exchequer grants is to supplement local authorities' own resources. It is also a matter for the local authority to agree and prioritise its own work programme for the year. The Minister believes that local authorities are best placed to judge the priority of works on private roads, taking road safety factors into account. In this way, local authorities may decide whether they want to operate the local improvement scheme in their areas or would prefer to put their resources into regional and local public roads. If a separate fund were to be set aside for the local improvement scheme, this would involve making a pro rata reduction to the other road grants headings and imposing the scheme on local authorities that would prefer to prioritise public roads. The Minister does not favour such an approach. He will be announcing the 2015 road grants in January.

Last year this scheme was abolished and I fought hard to get it reinstated. I also managed to increase the percentage from 7% to 15% last year. The local authorities have their own discretionary money and the Senator should find out what Galway County Council uses for its discretionary money. In fact, it uses the grant aid it gets from the Government instead of using some of its own funding. In some cases, local authorities, including my own, are great at finding money for travelling the world and for events within the councils. The Senator should ask her local authority to prioritise this matter. I will continue to push to get whatever funding I can, because I support this scheme. People in rural areas have private roads which in reality are not private roads but public roads that have not yet been taken in charge by the county councils. I would like the Government to provide more funding for the scheme, but so should the local authorities. They are great for creaming off the money themselves, but they should put some of it into roads.

I commend the Minister on his efforts in regard to local roads, particularly private roads, and getting that scheme in place. With regard to the Minister's response, it is not enough to pit private roads against public roads. The costs are excessive for families and farmers and I strongly believe there should be a dedicated scheme in excess of the 15% on offer to cover them. I acknowledge that the 15% is a start, as we are coming through difficult times, but we must work towards providing a better scheme. I commend the Minister on what he has done so far. He has certainly shown leadership on the issue, which will be of some relief to families throughout Ireland.

I thank the Senator.

Community Development Projects

It is great that the Minister of State is present, because he is a man who understands the issues of the west of Ireland. I wish to discuss the proposed greenway from Dublin to Galway. There is no issue with the Dublin to Athlone portion, but there is a problem with the stretch from Athlone to Galway. There is a rumour - which appears to have some foundation - that has angered landowners, many of whom are farmers. The rumour is that lands could be acquired by compulsory purchase order, CPO, if necessary. My proposal is that the only way to move on this project is by agreement with the landowners. Perhaps the Minister would outline the anticipated procedure, including the appeals process, for acquiring the lands.

The backdrop to this is that approximately a month ago 12 local landowners in Maree, Oranmore, where I live, and in the general area of Clarinbridge contacted me to say they had received a letter from the NRA stating that a proposed route for the greenway goes through their lands. I was a little dismayed that I, as a local public representative, did not receive a letter on the same matter. There was a lack of information in respect of informing local public representatives. However, we have moved on from that.

I attended a meeting in the Loughrea Hotel & Spa last week. Approximately 250 landowners were present and probably 99% of them were farmers, but to a man and a woman there was 100% disagreement with the acquisition of lands by CPO. The general view was that this greenway is a great idea in principle, but if it is to work in practice, lands must be acquired by agreement with landowners. Second, where possible, public lands should be used. I have met with representatives of both the NRA and local farmers. I am working in the Maree, Oranmore, Clarinbridge and Roscam area to reach agreement on this project and to move it on by helping to work out a route that is agreeable to everybody. The 250 landowners are all opposed to it unless it is done by agreement. That is a considerable number. The project will never get off the ground unless there is goodwill. One can understand the use of CPOs for critical infrastructure such as the M6, and even that was difficult. This, however, is what I would classify as desirable infrastructure. We will not die if we do not get a greenway. We are aware that it would bring tourism benefits and that tourism spreads money across the economy, but the only way to proceed is by agreement with the landowners. It is great in principle, but it must work in practice.

Farmers and people in rural areas are annoyed because they feel they have been walked on. As they said, the rural schools have been hit and there has been a flat domestic economy, so they wonder why this is now being imposed on them. Let us not scupper what is potentially a great project by angering farmers. There are practical issues involved. I do not know if the Minister will be able to address them in his response, but he is a sensible man and he would understand them. What about insurance and liability? The first thing the NRA mentioned to the Galway farmers, which was stupid beyond measure, was that it had surveyed German tourists and found that they wanted this greenway. It could have said it had surveyed European tourists and found that they were interested in cycling and that a greenway would be a way of attracting tourists. I am aware of the popularity of the greenway from Achill to Westport. That is wonderful, because it utilised a disused rail line.

It used an existing route, but the Minister of State can refer to that.

The point is that we must ensure issues such as insurance and liability are covered and there is nothing in that regard that could affect people's private property. What about tourists who stray off the route and go onto people's private property? Where does liability lie in that case? What about farms where there are four movements of cattle per day, such as dairy farms?

What about dividing paddocks and splitting flocks and herds? What about the labour costs and access to water? In my area, the route is proposed to run alongside the Ballinamana River but that river is used to water cattle at the moment. The Minister of State and I both know the price of water and the controversy surrounding it at present. A lot of issues must be worked through here. In principle, I am in agreement with the proposal but I am on the side of the landowner here because I want the lands for the greenway from Dublin to Galway, and particularly from Athlone to Galway, to be acquired by agreement rather than by compulsory purchase order, CPO.

I thank Senator Healy Eames for raising this matter. I am taking this Adjournment debate on behalf of my colleague, the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe.

The proposed Dublin to Galway national greenway is an ambitious plan to develop a 280 km dedicated cycle route that will meander through the towns and villages of Ireland's heartland while offering a unique connection between these two coastal cities. Planning for the proposed Dublin to Galway cycle route is currently being carried out by the National Roads Authority, NRA and the National Transport Authority, NTA, with planning approval now in place for the entirety of the route between Maynooth and Athlone. The NTA is responsible for the provision of cycling infrastructure in the greater Dublin area and is therefore proceeding with the planning of the Dublin city centre to Maynooth section of the proposed route. The Royal Canal is the intended route for this section of the cycle way. A section of the route from Ashtown to Castleknock was opened earlier this year with funding from the Department of Transport, Tourism and Sport and the NTA.

The NRA is currently undertaking detailed route alignment and design work for the Maynooth to Galway section of the route. The Royal Canal tow path is the selected route for the section of the facility between Maynooth and Mullingar. The section from the Meath-Westmealh county boundary to Mullingar is complete and a further section along a disused rail line from Mullingar to Athlone received €4 million funding under the Government's stimulus package in May this year. The preferred route corridor has been selected from Athlone to Galway. It is anticipated that this section of the route will pass through Shannonbridge, Loughrea, Craughwell, Clarinbridge and Oranmore and will run along the coast into Galway. It is proposed to use State-owned lands where feasible; for example, lands owned by Bord na Mona and Coillte. In terms of the design of the route, the first stage of public consultation has been completed. While the Minister understands that there has been a negative response from certain landowners along pockets of the route corridor between Galway and Ballinasloe, there is no doubt that Galway County Council will make every effort to evaluate the feedback and refine the route corridor to ensure that all possible alternatives are considered.

On the general issue of access to land for cycle ways, it is long recognised that using publicly-owned land is advantageous from the perspective of reducing overall capital costs. The proposed Dublin to Galway greenway is already maximising this option with the development of the route along the Royal Canal from Dublin to Mullingar and then along a disused railway line between Mullingar to Athlone. The route west from Athlone, however, does not present this level of opportunity for the most part. As a result, it was necessary to make a decision to use permissive access or CPO to finalise the design of the greenway. There are valid arguments for both these options and the Minister certainly recognises the value of negotiated permissive access from the perspective of cost and community ownership. However, for projects of scale like the Galway to Dublin greenway, the process of obtaining permissive access would be administratively cumbersome and resource demanding. More significantly, it would offer no security of investment from the perspective of the State. In such a situation, any landowner could withdraw access, as is his or her right, to the greenway at any time, post-construction. This would be a very precarious situation from the State's perspective and would offer little security in terms of public moneys. Therefore, the Minister thinks it was a prudent decision, in order to maximise the potential of these large scale greenways, to develop such infrastructure using a CPO. While the Minister fully appreciates the anxieties that go hand-in-hand with this approach he does not think the challenges are insurmountable.

Regarding the Senator's point about an appeals process, the usual CPO mechanisms will apply whereby arbitration is used to finalise pricing. The Minister further understands that the NRA will be aiming, as much as possible, to route the greenway through the lands of landowners who are willing to co-operate with the scheme. Ultimately, it will be a matter for all developers of cycling infrastructure to consider access on a case-by-case basis and to take a multi-criteria approach in the route selection process of any planned project in order to maximise the potential use of the amenity. In most cases of smaller greenways and where there are few landowners, the Minister would certainly recommend that all other options be exhausted before land purchase is considered. However, in the context of developing major cycling infrastructure projects that traverse long sections of privately-owned land, the Minister does not think it would be realistic to rely on permissive access agreements given that such agreement can be withdrawn at any time without any recourse to the State. The Minister supports the use of CPO where it is needed but if an alternative approach exists that would give greater security to the State, then he is open to hearing all views.

I thank the Minister of State for his reply although I must say it is worrying because there are several major faux pas therein. The Minister of State said that the "preferred route" is mapped out but Victor Cooney, on behalf of the NRA, has said that it is just a "proposed route" and that the authority is open to other options.

The Minister of State made one point which gives me a little hope. He said that it is in the State's interests to use public lands where possible and I agree with that. In that context, I would urge the use of the old N6 road from Athlone to Galway, utilising our beautiful coastline. If we want tourists to see beauty, we should bring them around by the coast, along the sea front by Maree and Clarinbridge and not have them cutting across farmers' lands. I mean no disrespect when I say that the reply from the Department suggests that the Minister does not understand rural Ireland and the issues of concern there. I am probably correct in saying that because we know the Minister is not from rural Ireland. However, the Minister of State is from rural Ireland and I ask him to convey to the Minister the importance of not implementing CPOs in this case. We will have another war on our hands if he does so. We do not need another war to add to the wars over water and everything else. Let us provide access to rural Ireland in a way that ensures locals will welcome tourists.

The Minister for Tourism, Transport and Sport is a very good Minister who understands rural Ireland. He has family connections in Roscommon through his parents. I would make the point regarding any greenway that there must be public consultation and that the authorities must talk to farmers and bring them on board. That is the preferred way to do it and that is what we hope to do here. There is not a single day in the week when I do not have a Deputy or Senator asking me about the development of greenways in different parts of the country. The western greenway has created jobs and brought additional tourism to the West, as has the Wild Atlantic Way. It is great infrastructure. The Senator is concerned about small rural schools and this Government wants to keep them open. The only way to do that is to ensure that families with children stay in rural Ireland. The only thing that closes rural schools is a lack of pupils. If we have the numbers, we will have the schools.

I will discuss this with officials in the Department because I agree that we need the co-operation and support of farmers. I hope that the NRA and the county councils can work things out with the farmers. Where there is an alternative route that does not involve taking someone's land, we will consider it. The Senator made reference to the preferred route and expressed concerns in that regard. However, I would point out that the N5 was part of the preferred route but in the end, that was not the route that was selected. A lot of negotiation took place and another route was found. There are always preferred routes for projects and we negotiate on that basis. If we can get agreement, that is fine but if not, we change the route. I will ask the Minister and departmental officials to make sure, in tandem with Galway County Council, the NRA and the NTA, that they sit down with the farmers who may be affected. We need the farmers to support us. In the context of the western greenway, we got the support of the farmers and I thank them for that. They saw the benefits of the project and got behind it. Indeed, many new businesses have been set up along the greenway route. That project would not have happened without the co-operation of the farmers. I assure the Senator that we will talk to them and try to work everything out. If we cannot get agreement, we may have to look at other routes and so be it.

I thank the Minister of State for that reply. I appreciate that my concerns and those of the farmers have been put on the record of the House.

I thank the Senator and the Minister of State. Before we finish I would like to welcome a former Member of Dáil Éireann, Mr. Michael Lynch, from County Meath to the Public Gallery.

The Seanad adjourned at 4.40 p.m. until 2.30 p.m. on Monday, 15 December 2014.
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