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Seanad Éireann debate -
Thursday, 6 Oct 2016

Vol. 247 No. 8

Commencement Matters

Garda Vetting of Personnel

I welcome the Minister of State.

The statement is self-explanatory. Since the roll-out of the new Garda vetting forms, there has been a disconnect between the legislation and the reality on the ground. A serious problem has arisen. Mr. Michael Ryan, the principal of a school in Waterford, has raised a valid query. He wants to take on some temporary staff. He would have the same issue if he wanted to take on a new teacher to work in the school. He and the school board of management can be held personally liable under the new legislation if they do not get the Garda vetting certificates in order. For someone looking to work on a temporary basis, it is taking five or six weeks to get a Garda vetting certificate for that school. If a teacher was working in a school and had a Garda vetting certificate, it would not apply to Mr. Ryan's school. Under the new legislation, a principal such as Mr. Ryan has to apply to the Garda to obtain a certificate pertaining to his school. There seems to be a real disconnect.

The same applies to social clubs and other bodies. For argument’s sake, if the Minister of State wanted to be a coach with a GAA club, the club would need to apply and o obtain a certificate from the Garda. If he then wanted to coach the soccer team or work with the scouts, these bodies would need to apply individually, which is duplication of paperwork. There has to be a simpler system.

I know that for new teachers starting now there is an electronic certificate. If the Garda approves a person for one body, the certificate should apply to all. We need a more streamlined system to make the system work. There is considerably more responsibility under the new legislation, with the possibility of imprisonment, fines and everything else. People are taking it very seriously. While I welcome the legislation in principle - it is good legislation - it might have been imposed slightly too quickly without having done some of the ground work behind it. Perhaps the certificate that applies to new teachers should be given to existing teachers in order that they could move more freely between schools. It is a serious problem and we should address it.

I am representing the Tánaiste and Minister for Justice and Equality today. I thank the Senator for raising this matter as it provides me with an opportunity to inform the House that there is no particular or undue delay in the Garda employment vetting process. There has been a very significant improvement in the timeframe for processing vetting applications in recent months.

The Garda authorities which operate the National Vetting Bureau inform the Tánaiste that in the order of 80% of vetting applications are processed by the vetting bureau within five working days. The current processing times represent a dramatic improvement in turnaround times which have fallen from an average of 14 weeks in mid-2013. This improvement has come about as a result of unprecedented investment by the Government and the Garda authorities in providing this service, including an increase of more than 80% in staffing levels in the past couple of years and the roll-out earlier this year of an e-vetting system.

In April this year the Tánaiste commenced the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016, in tandem with which An Garda Síochána launched the e-vetting system.

E-vetting facilitates the on-line processing of applications and this has significantly streamlined the process and contributed to a sustained reduction in processing times of applications. A key feature of the e-vetting system is that the individual applicant can track the progress of his or her vetting application on-line and can, therefore, see when his or her application has been processed and returned to the relevant registered organisation.

The Tánaiste has been informed that 85% of organisations registered for vetting are operating the e-vetting system. The Garda authorities are working to encourage all other organisations to do so. The Senator may be able to help in that regard by letting people know about it. For vetting applications that continue to be submitted in the old paper format, the average turnaround time is around four weeks from the date of receipt of the application by the vetting bureau and this represents a minimum timeframe, given the administrative input required. The Senator is correct about the paperwork involved. The e-vetting system is a lot faster.

In some individual cases, it can take longer to process an application where, for example, additional inquiries are necessary or where errors have been made in the application. It is important to note that delays can also occur in other aspects of the application process which are outside the control of the Garda authorities, for example, in the submission or return of applications by the registered organisations.

In summary, the overwhelming majority of vetting applications are processed within five working days, which is not at all unreasonable in the circumstances. Delays can arise, mainly in aspects of the process that are outside the control of the Garda vetting bureau.

I also heard what the Senator had to say about certificates. A joint committee examined this issue a number of years ago and the advice was that it was not advisable, given the serious nature of what was involved, namely, children and vulnerable adults. The system is working pretty well. I again thank the Senator for raising this important matter. It is to be hoped the new system will meet the concerns he has raised.

I appreciate the response from the Minister of State and what he said makes a lot of sense. He referred to the new e-certification process, but I may not have understood him. Is it correct that if one receives a new e-certificate, it will be valid for different bodies or does one still have to apply individually for every body of which one wants to be a member, employed by or whatever else?

The Tánaiste emphasises that the purpose of Garda employment vetting is to seek to ensure the safety of children and vulnerable adults. The vetting process demands rigorous procedures to safeguard its integrity and maintain the highest levels of confidence among from the public and organisations availing of the service. The answer to the question is that vetting has to be conducted on an individual basis.

Any vetting process will take a certain minimum amount of time to complete and, given the importance of this service, the Tánaiste does not consider that a processing time of five days is at all unreasonable. The e-vetting system has contributed significantly to improving the vetting service and the Government and the Garda authorities are committed to sustaining that level of service in the future. Most organisations have signed up to the e-vetting system and there are great benefits for them and vetting applicants.

As previously indicated, individuals can track their applications on the system. The Garda vetting bureau works with registered organisations on an ongoing basis to maintain quality and standards in the process. The Garda authorities continue to work with other registered organisations to bring them on board. There have been significant improvements and many resources have been put into the system. The report we have received from the Garda authorities shows that the system is working. I thank the Senator for giving us the opportunity to discuss this very important matter.

I appreciate the reply.

Road Projects

I welcome the Minister for Transport, Tourism and Sport to his old House.

I welcome the Minister. Once again, I am raising the matter of the building of the M20 motorway between Limerick and Cork. I am a public representative, representing Limerick city and a portion of the county. It is the single biggest item of infrastructure that needs to be completed in the State. I have raised this issue with the Minister on numerous occasions, including on 16 June, and know that he has an interest in the matter.

There will be a mid-term review of the capital plan next year, but before that happens, I hope the project will have received the go-ahead. It is a large and important project and I ask that the planning process be restarted before the review takes place. When the project was suspended in November 2011, the planning process had, in the main, been completed as far as An Bord Pleanála level. The project can be reactivated. A lot of the work can be done prior to the mid-term review in 2017 and no time would be lost.

The planning process will involve Transport Infrastructure Ireland, TII, recruiting engineers and consultants to review the project. Under public procurement rules, that will take a number of months. There will be no cost to the State until they are in place. I seek a practical measure to restart the project and move it forward. The mid-term review will consider giving the full green light to the building of the motorway, but what I propose would provide us with, I dare say, a flashing amber light. It would allow us to proceed, get the work done in preparation for the mid-term review and lose no time.

There are a number of reasons the M20 motorway project is important. The first is that the most recent environmental impact study conducted by TII states the benefits would outweigh the costs by more than two to one. Second, there would be significant benefits in terms of time. It takes well over 1.5 hours, or longer at peak times, to commute between Limerick and Cork - there is no certainty. The opening of the M20 would take 40 minutes off the journey time at peak times and provide certainty. The third issue is safety. There have been fatalities along the existing N20 in the past few years. Recently, on the small section of the M20 built outside Limerick towards Patrickswell, there have, unfortunately, been fatalities.

The damage the delay is doing to connectivity and competitiveness in the region makes it imperative that the project go ahead. In terms of the need for balanced regional development, Dublin is doing very well, but for Ireland to progress as a country, we must have balanced regional development. We need a counterpole to Dublin. The Galway to Tuam route is being completed which will meant that people will be able to commute between Galway and Limerick in a relatively short period of time. We need to ensure people will be able to do likewise between Limerick and Cork.

Synergies would be provided for Ireland internationally in attracting foreign direct investment. People in my area are commuting daily to Cork and vice versa. This is a small country and we need connectivity. I ask the Minister to restart the planning process and allow consultants to be recruited by TII in advance of the normal mid-term review of the capital plan in mid-2017.

I thank the Senator for raising this issue once again. I agree with him and he continuously makes a strong case. The only argument against the project is one with which he will be familiar, namely, we do not have the money. The case for the road project which he has made on grounds not just of safety but also the benefits to the economy of the region is one to which I am sympathetic. It would be compelling if we could write a cheque for €800 million. The problem is that we cannot. Perhaps I might explain a few things to the Senator about the current situation and then address the particular issue he raised about planning.

I thank the Senator for giving me the opportunity to address the matter again. I note that he was given a briefing yesterday by my Department on the current position on the M20 project.

This is not a criticism but an indication of the persistence with which he is pursuing this project, which is fair enough.

As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding for the national roads programme. The planning, design and implementation of individual national road projects are matters for Transport Infrastructure Ireland, TII, formerly known as the National Roads Authority, NRA, under the Roads Acts, 1993 to 2015, in conjunction with the local authorities concerned. Within its capital budget, the assessment and prioritisation of individual projects are matters, in the first instance, for TII in accordance with section 19 of the Roads Act. Ireland has just under 100,000 kms of road in its network and the maintenance and improvement of national, regional and local roads place a substantial financial burden on local authorities and the Exchequer. Because of the national financial position, there have been very large reductions in the Exchequer funding available for roads expenditure in recent years. For this reason, the focus has had to be on maintenance and renewal rather than major new improvement schemes such as the M20 project.

The capital plan published in September 2015 outlined proposed transport investment priorities to 2022. The transport element of the plan was framed by the conclusions reached in the Department's strategic investment framework for land transport. This report highlighted the importance of the maintenance and renewal of transport infrastructure, together with targeted investments to address particular bottlenecks and critical safety issues. The capital plan provides €6 billion for investment in the road network in the period to 2022, with €4.4 billion earmarked for the maintenance and strengthening of the existing extensive network throughout the country and €1.6 billion for new projects. Allowing for the commitments relating to public private partnership projects, the balance available for new projects in the available capital envelope was limited.

The transport element of the capital plan did provide for some targeted investment in a number of new projects in the Munster region, including the N8 and N25 Dunkettle interchange and the N22 Ballyvourney to Macroom schemes. In addition, a number of other schemes, targeted at removing bottlenecks and upgrading port access, will commence, subject to development consent. They include the Mallow relief road, the Adare bypass and the N28 Cork to Ringaskiddy road projects. It was not possible to include the M20 project in the capital plan as the scale of investment required to deliver it as originally proposed, estimated at €800 million, was not affordable. That investment could take up almost all of the moneys provided for new roads projects in the capital plan period.

We are all conscious that the recovery of the economy is generating spending pressures across the Government system, including in meeting capital investment needs. As part of A Programme for a Partnership Government, there is an increased emphasis on the need for spending on public services, but the Government still has to operate within EU fiscal rules, which does constrain options. As the Senator pointed out, there will be a mid-term review of the capital plan which will provide an opportunity to assess progress and consider what scope there is for increased levels of investment, depending on economic growth.

Since the capital plan was published, there has been significant interest, led by the Senator, in finding a means to at least restart planning work on the M20 project. I understand from the Senator there was recent press coverage on the issue. I am aware that the Cork to Limerick motorway represents a significant section of the Atlantic corridor, which was intended to promote development of the region. As matters stand, however, I do not have the funding available to progress this scheme to restart the planning process. I do expect though that the M20 Cork to Limerick motorway project will be looked at in the planned mid-term review of the capital plan.

I will go straight to the heart of the matter. In November 2011 the project was suspended. From discussions with officials, I understand that at that stage the bulk of the planning process, if not the entire process, had been completed and that the project was just about to be referred to An Bord Pleanála. Will the Minister allow the planning process to re-engage, which would amount to nothing more than TII recruiting engineers and consultants to engage in an overall review of the project? An economic benefit analysis could be incorporated into the review which would be good value for money for the taxpayer. Will the Minister consider this rather than look at the planning and building of the project in the mid-term review? There should be due diligence as part of an economic cost benefit analysis. I accept that this is an enormous project, but it would also yield enormous benefits. The Minister has a background in seeking value for taxpayers' money. Conducting an economic cost benefit analysis would provide value for the taxpayer in the long, if not the short, term.

I take the Senator's point. I am not aware of the stage in the planning process the project had reached at the time, but I accept what the Senator says that it was near completion. I do not want him to have a forlorn hope that the project will go ahead, if that is not true. That would be dishonest and unhelpful. If what he has said is correct - I have no reason not to believe him - I could contact TII to ask what the position was and to ask it to look at the matter and report back to me. I can give the Senator a commitment that I will do this, on condition that he does not take any such approach to the TII as a green light for the project to go ahead.

I thank the Minister. That is a positive move. He will find that the planning process was at an extremely advanced stage and that this would represent value for the taxpayer.

Neuro-Rehabilitation Services

I welcome the Minister for Health, Deputy Simon Harris.

I welcome the Minister and thank him for coming to the House. I have not spoken to him about this issue in the Seanad, but the Minister of State has been here.

The issue I am raising is the transfer of lands for the redevelopment of the national rehabilitation service facility on Rochestown Avenue in Dún Laoghaire, in respect of which there is huge expectation, as there have been three false starts. There appear, however, to be a number of complications. I am a former member of Dún Laoghaire-Rathdown County Council which was involved in rezoning a substantial strip of land to facilitate the development of neighbouring facilities and the hospital. This increased the value of the land and there was an expectation that some of it would be sold and part of the money ring-fenced for the facility. There now appears to be a suggestion there were difficulties with the religious order in question - the Sisters of Mercy. I acknowledge the enormous work done by the Sisters of Mercy, the board of management of the hospital and the doctors and staff at every level who face enormous difficulties in their work. The place I took the time to visit two weeks ago is unfit for purpose. It is a disgrace and an indictment of the health service.

I am reliably advised that more than 200 patients in acute beds throughout the country are waiting to get into the hospital. I also understand there is a waiting list of in excess of 80 patients to access day services in the facility. This is the national rehabilitation hospital. The service is stretched, but the new facility will not be what it was originally meant to be. It was announced with great fanfare by the previous Government. The former Minister for Health, Deputy Leo Varadkar, was present, as was former Deputy Eamon Gilmore, to announce great plans for the place. I understand, however, that there were setbacks and financial considerations which limited the scope of the development.

We need to go back in time slightly. I do not want to give a history lesson, but we know from documents that in 1961 a trust was set up with the then health authorities, the Sisters of Mercy and the facility. The facility was to be used entirely to provide rehabilitation services. Will the Minister look at the conditions under which the trust was established to see how they affected the lands?

Has there been any progress since the previous Minister was here in sorting out the land issue? We know that it was covered in a number of national newspapers during the summer. There was confirmation from various elements of this project that there were difficulties. There is no doubt that there are difficulties. I am more interested in hearing solutions and, more than anything, when the project is actually going to happen. I thank the Minister for coming to the House and look forward to hearing what he has to say.

I thank the Senator for raising this very important matter. I know that he has a long-standing interest in, and knowledge of, it from his time on Dún Laoghaire-Rathdown County Council. This is a project of major importance. It is one of the reasons I wanted to be here to deal with this matter. We need to see the development of the National Rehabilitation Hospital, NRH. I welcome the opportunity the Senator has provided me with to outline the current position on this major capital development. I agree with his analysis of the situation that while there is currently incredible care and attention, as well as amazing patient outcomes, in the hospital that are really benefiting patients, the current building is simply not fit for purpose. It is not fair to patients or the staff.

I am pleased to advise the Senator that the HSE has informed me that it has instructed its solicitors on the transfer of lands at the NRH campus. The HSE has indicated to me that the transfer of lands could be completed by year end. The current status of the project is as follows. Procurement of the works contractor has commenced. Submissions have been received from interested contractors and they are being evaluated. The selected contractors will be invited to tender next month, November 2016, and it is expected that the completed tenders will be returned in January 2017. Following evaluation of the tenders, it is projected that construction will commence in quarter one next year. Some enabling works, as the Senator will probably be aware from his visit there, have been contracted separately and will commence in quarter four this year. As the Seanad knows, the National Rehabilitation Hospital provides a comprehensive range of specialist rehabilitation services for both adult and paediatric patients who, as a result of an accident or injury, have acquired physical or cognitive disability and require specialist medical rehabilitation. Effective rehabilitation draws on a broad range of disciplines to meet the particular needs of individuals. The objective is to assist with returning to life in the community with confidence. Approximately 1,000 people are treated on an inpatient basis at the hospital each year and around 5,000 are treated on an outpatient basis. Many patients have a life-long association with the hospital. This major capital project will deliver a 120 replacement bed ward block which will include support therapies in respect of paediatrics and acquired brain injury, a hydrotherapy unit and a sports hall. Therefore, I can assure the Senator that its completion is the priority project in the area of rehabilitation medicine care. The hospital is externally accredited by the Commission for Accreditation of Rehabilitation Facilities. The commission sets standards of quality by which an organisation providing rehabilitation services is assessed and measured in the delivery and development of medical rehabilitation services. The Government is absolutely committed to the development of the facilities at the National Rehabilitation Hospital. I look forward to visiting the hospital and, most importantly, the major works commencing in the near future and the completion of a new national rehabilitation hospital.

I am delighted to hear the Minister say he is going to visit the National Rehabilitation Hospital as I really think it would be helpful. It would add impetus if he could visit in the next few months, although I know that he is busy. I have two issues. We know that the congregation that owns the property is a signatory to an indemnity scheme under the Residential Institutions Redress Board and has offered lands. It is one of a number of religious orders that made offers of lands under the Conference of Religious of Ireland and an agreement was signed by its superior general, of which I have a copy on my desk. I ask the Minister to raise with the congregation its moral obligations to surrender or hand over lands to the State as per an agreement with the State. This is a very important issue.

I do not believe it is right or proper that any land surrounding the hospital is sold. The Minister clearly identified in his own report to us that all we are talking about is a new 120 replacement bed ward. There is no additional capacity being provided. There is a suggestion locally that some of the land may be up for sale. That leads me to my final point. I ask the Minister to investigate a trust that was established in the early 1960s under this religious congregation and the health authorities in terms of its commitment. Within the kernel of that trust and the commitments under the Residential Institutions Redress Board, I think the Minister will find that there are opportunities for the State and the hospital and, ultimately, to have a state-of-the-facility that will not cost the State as much as the Minister might think.

I will take the Senator up on his invitation to visit the National Rehabilitation Hospital. It is something I have wanted to do for a while. I have been there in a personal rather than an official capacity on a number of occasions, but I would welcome the opportunity to visit officially and meet staff, management and patients. I will arrange for that to happen in the coming weeks. Until I have established the facts, it is not something on which I wish to comment, but the point the Senator made about the offer of lands and the trust is very important. To be very clear, I expect any organisation that has signed an agreement to provide lands to absolutely fulfil that agreement to its letter and spirit. I will ask the HSE to examine it and will revert to the Senator on the matter.

The point the Senator makes is fair. What we are doing is progressing the development of the National Rehabilitation Hospital. However, this should not be the end of the plans to develop. There is significant potential and scope to do more. My priority is to get on with the process of putting in place a 120 replacement bed ward block which will provide much better facilities for the staff and patients. It will lead to better patient outcomes and further dignity for patients who spend an awful lot of time there and deserve a much more modern fit-for-purpose building. It will also provide a sports hall and a hydrotherapy unit and the ability to provide support therapies not currently supplied.

I agree with the Deputy that this is a major capital project and that we need to get it under way. I have outlined to the House the timeline. We will then need to be more ambitious and ask, "What next?" The hospital carries out work that transforms lives and gives people back their lives. It is a capital project to which we should constantly be adding. I see it as a very important step but not the finality in terms of the potential of the hospital.

Sitting suspended at 11.10 a.m. and resumed at 11.30 a.m.
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