Commencement Matters

Schools Building Projects

Senator Colm Burke

I thank the Minister for coming to the House. A large percentage of the primary school building in Carrignavar comprises prefabs - I understand over 70% of the students are accommodated in prefabs, a situation which has continued for some years. A number of issues arose over the past ten years regarding a new school building for the village. Over 350 students attend the school, a number which will not decrease as quite a large number of new houses have been built in the area over the past few years.

The condition of the school is not very good. It is not in the best interests of the children or staff to work in such conditions. Full planning permission is in place for a building that is the same size as the current school, but the project needs to progress. I ask that funding be provided in 2017 for the project to start.

Minister for Education and Skills (Deputy Richard Bruton)

The brief for the major building project for Scoil an Athar Tadhg in Carrignavar is to provide a new two-storey, 16 classroom school, with a four classroom ASD unit. The current staffing allocation is 13 mainstream teachers, five special class teachers, five permanent resource teachers, two permanent learning support teachers and four shared resource learning support teachers. As of September 2016, 342 pupils were enrolled in the school, an increase of 22, or 6%, on the figures for September 2012. As the Senator said, the school numbers are not declining.

The board of management is the client for the project and is fully responsible for directing the design team in regard to progressing through the design stages of architectural planning. As the Senator pointed out, there is some history to this project. In 2006, a design team was appointed to build a new school on a greenfield site but in 2009, following a meeting with the board of management, the diocesan trust and the Department, it became clear that the proposed exchange of a greenfield site for the current school site, which had been advanced by the board of management, was no longer viable.

A design team was reappointed for the new brief, that is, to accommodate a new school on the existing school site.

A replacement civil and structural engineer and quantity surveyor also had to be appointed in June 2011 following the withdrawal of these consultants from the design team. The project progressed through the early design stages of architectural planning and in March 2016 the board of management requested a brief change which included an increase in floor area as a result of the stairwells and lift shaft not having been measured by the design team at stage 2(a); additional costs for compliance with the conditions associated with the statutory approval imposed by Cork County Council; and additional costs associated with a proposal for phased construction of the project. The additional costs increased the previously approved cost plan for the project by just over £2 million.

The brief change was approved by my Department in August 2016. The design team is completing the stage 2(b) submission which includes the preparation of full tender documents. When completed, the stage 2(b) report will be submitted to my Department for review. My Department will revert to the school on the further progression of the project following consideration of the report. The project is included in the six-year construction programme 2016 to 2021 announced in November 2015. However, before it can be approved to proceed to tender, the board of management and its design team must complete their work and submit the stage 2(b) report to my Department. On completion of its review of that report, my Department will revert to the board of management on the further progression of the project to tender and construction stages.

Senator Colm Burke

My understanding is the tender process has changed in the sense that the subcontractor, as well as the main contractor, must now provide all necessary documents. As the new process is slowing up projects by a few months, can the Department expedite them? Can it assist boards of management in progressing projects at a faster pace?

Deputy Richard Bruton

Since January there are new tendering requirements, but they have been designed to protect subcontractors in situations where some of them have been exposed. They are in the best interests of the successful long-term completion of projects with no adverse impact on those involved. This does not just apply to my Department, it is also a requirement across all Departments. We have to spend our money effectively and this is part of ensuring we will do so.

Road Projects

Senator Aidan Davitt

I thank the Minister for coming. I am sure he has many pressing matters and I am aware that his time is valuable.

There is quite a bit of work being done on the N52 on which a four-mile stretch from Cloghan to Turin is being upgraded. It is the main Limerick to Dundalk road, but it has been totally closed for the past four months. The project is well ahead of schedule as there have been very few wet days, but in last week's edition of the local newspaper it was announced that the road would be closed for three months from 13 March to 12 June. During this period very little work will be done on Saturdays and none on Sundays. Including bank holidays, there will be 33 days in those three months on which no work will be done on site, even if there are no wet days which will cause delays in undertaking such work as moving soil. There could easily be ten such days. I implore the Minister to apply whatever pressure he can on the contractors to review the matter and extend their hours or work at weekends or on bank holidays. A lot of the work is not being done near houses and as such could be carried out at night. A lot of people will be discommoded and two businesses will be defunct while the work is ongoing, namely, Egan's Statoil station and the Cloghan Inn, a pub and restaurant. There is supposed to be local access, but this is a red herring as only two houses are facilitated. The best part of 100 are not facilitated and their occupiers have to travel five or six miles out of their way twice a day, even to make one journey. For those who make more than one trip, it adds an extra ten miles to their trip in each direction, a total of 20 miles.

Minister for Transport, Tourism and Sport (Deputy Shane Ross)

I would like to clarify that the planning and execution of construction works on the N52 and any other national route are operational matters in which I have no function. As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding of the national roads programme. The planning, design and implementation of construction works on individual national roads are the responsibility of Transport lnfrastructure Ireland, TII, under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned, in this case, Westmeath County Council. Within its capital budget, the assessment and prioritisation of individual projects are also matters for TII in accordance with section 19 of the Roads Act. I understand the road scheme in question is the N52 - Cloghan to Billistown, phase 1, which is under construction. The work area for the project which is located approximately 5 km north east of Mullingar between Cloghan and Turin is located largely on-line along the existing N52. TII has advised that the contract was signed in August 2016 and that the construction works commenced that month. It anticipates that the works will be completed on programme in August this year.

TII has allocated €8.3 million this year to Westmeath County Council for land acquisition and construction works. Given the many competing demands for funding, this is a significant financial commitment to the upgrade of this section of the N52 and many local authorities would be envious of such an allocation.

On the road closure, I understand from TII that the original intention was that the road closure would have occurred from September to November 2016. However, the construction contractor and Westmeath County Council reviewed concerns about the shorter working days and the likely weather conditions during that period and it was agreed that the planned three-month road closure would be rescheduled to commence in March 2017. TII advises that the contract has not been delayed as a result of this change. The works remain on programme, to be completed in August this year. The necessary statutory road closure notice has been published for the amended closure period and a map indicating the location of the road closure and the diversions to be put in place is available on the council's website. I also understand that, as part of this process, the council provided an opportunity for anyone who wished to object to the closure of the road to lodge a submission to the transportation section, Aras an Chontae, Mullingar, not later than Tuesday, 21 February 2017. TII advises that the main driver of the three-month closure period is the need to address health and safety concerns. Sufficient time must be allowed for the safe construction of this on-line section of the road improvement, having regard to the extent and nature of the construction work and the relocation of utilities.

In these circumstances, it is considered that a three-month road closure is prudent.

Consideration was given to accelerating the works with a view to completion within a shorter timeframe but in light of the assessment of health and safety risks, including night time working risks and associated costs, it was not considered appropriate for this scale of project. In other words, costs and safety issues are the difficulty, which I am sure the Senator will appreciate. Diversion routes are published and notice of closure and traffic management arrangements, including variable message signs, will be in place for the duration of the road closure.

I note the Senator's concerns and I will bring them to the attention of Transport Infrastructure Ireland, TII. This is an operational matter for assessment and decision by TII and Westmeath County Council having considered the submissions received.

Senator Aidan Davitt

I appreciate the moneys provided for this road project. I was to the fore in demanding and securing some of the outlay for it. This stretch of road is one of the most deadly in Westmeath. The last road fatality in Westmeath occurred on it. The victim was a neighbour of mine who was knocked off his bicycle and killed. May he rest in peace.

I agree with the points made by the Minister in regard to safety and costs. As I said, I appreciate that this project is under way and I take some comfort from what the Minister had to say in his final remarks. I understand that work on the project is to commence on 13 March 2017 and that it will be suspended from Thursday, 16 March 2017 to Sunday 19 March 2017, inclusive.

As a result of this project people in the local community will get jobs, which is great news in light of already announced imminent job losses, hopefully short term, in the area that will have huge repercussions locally. I welcome that the Minister proposes to raise my concerns in regard to safety with TII.

Deputy Shane Ross

As I said, I will bring the Senator's road safety concerns to the attention of TII. In light of the current precarious position of road traffic and passengers in this country safety is an important issue.

General Register Office

Senator Catherine Noone

I thank the Minister of State, Deputy Corcoran Kennedy, for coming to the House to deal with this matter. I raised a similar matter a couple of weeks ago with regard to the Civil Registration (Amendment) Act, which was signed into law in December 2014. Section 13 of that Act provides for a record of death of Irish citizens who die abroad. On the last occasions I raised this matter, I referenced the case of Ms Bernadette Goodwin who tragically lost her five-year old son, Keith, while in the north of Spain in 1972, the death of whom is registered in Spain. Ms Goodwin has spent over four decades trying to have his death registered in Ireland. It is my understanding that for insurance and legal reasons a death cannot be registered twice. However, Ms Goodwin and others who are in this situation would be provided with some comfort and solace if this were to come into being. We owe it to people like her to expedite the provision in section 13 of the Civil Registration (Amendment) Act which provides for a record of deaths abroad to be maintained by the General Register Office. The Department of Social Protection cannot commence this section or any further section of the Act until industrial relations issues relating to new practices arising from the implementation of the Act have been resolved. A Commencement Order was signed in August 2015. I understand that staffing and industrial relations issues in the Civil Registration Service are a matter for the HSE. I further understand that a report on a review of the Civil Registration Service was commissioned when the dispute began and that this allowed the sham marriage provisions to be implemented but left everything else on hold. The findings of that review were due to be published in June 2016. However, no report has yet been published.

There are many other important provisions that remain uncommenced due to the dispute, including the compulsory registration of fathers' names on birth certificates and validation of embassy marriages. It is my understanding that the Department of Social Protection is under increasing pressure from EU bodies and embassies to commence the latter provisions. Apart from these high profile amendments to the Act, there are a host of other useful amendments intended to improve and modernise the registration of births, deaths and marriages which, while technical, are nonetheless important, including better procedures to record neonatal deaths, which provision was introduced at the request of the Department of Health on the basis of recommendations made by the Chief Medical Officer.

This ongoing dispute, which is difficult to fathom from my angle, has led to an unacceptable delay in commencing the remaining provisions of the Civil Registration (Amendment) Act 2014, which was enacted two years ago and 18 months since the Department of Social Protection first sought to commence its provision. It is not clear what progress has been made by the HSE in bringing this matter to a close thus clearing the way for the legislation to be implemented. This is a very unsatisfactory situation that must be addressed as a matter of priority.

Minister of State at the Department of Health (Deputy Marcella Corcoran Kennedy)

I thank Senator Noone for the opportunity to address this matter.

The Children and Family Relationships Act 2015, which is the responsibility of the Minister for Justice and Equality, came into operation in January 2016 and put in place a legal architecture to address the needs of children across a range of family structures in the areas of parentage, custody, guardianship and access. The Act provides for comprehensive reform of family law to bring it up to date with the realities of family life in Ireland.

Section 97 of the Children and Family Relationships Act inserts a new section 27A into the Civil Registration Act 2004, which permits the taking and receiving of statutory declarations under the Guardianship of Infants Act 1964 by registrars. The aim of this new provision is to provide better information to non-marital parents and to make it easier for non-marital fathers to avail of the statutory declaration mechanism to acquire guardianship. Where the parents, one or both, register the birth of a child, the registrar will give them a copy of the statutory declaration so that they can consider whether to make a statutory declaration appointing the father as a guardian of the child, witnessed by the registrar. It is clear that the commencing of this section will impose additional duties on the registrar.

Another piece of legislation that provides for additional duties on the registrars is the Civil Registration (Amendment) Act 2014, which was enacted by the Oireachtas on 4 December 2014. The enactment of this legislation prompted industrial action by the registrars. The additional duties in this legislation involve provision to make it more difficult to broker a marriage of convenience in the State, the compulsory registration of fathers' names on birth certificates and for a record to be registered in Ireland of deaths of Irish citizens who die abroad.

As a result of the industrial relations action, the HSE engaged with IMPACT on the issues which arose. Hearings under the auspices of the conciliation services of the Workplace Relations Commission took place in October and November 2015. Arising from these hearings, it was agreed to commence an independently facilitated review of the Civil Registration Service. The review was extensive and involved a visit to all of the Civil Registration Offices, as well as a survey which received a 90% response rate. The review also included a staffing analysis based on activity and work complexity, as well as an examination of how infrastructure requirements can be future-proofed against additional demands on the service. A draft report of the review of the Civil Registration Service was received by the HSE on 14 February 2017. While a meeting will take place with IMPACT on the contents of the report before it is finalised, I understand that it is not anticipated that the implementation of the remaining elements of the legislation will be adversely affected by industrial action.

Senator Catherine Noone

I thank the Minister of State for her response. I am pleased to hear that a draft report was received by the HSE on 14 February last. I am sure a review of that report is currently under way in the HSE. I also welcome that a meeting has taken place with IMPACT on the contents of the report. The Minister of State stated at the end of her reply that it is not anticipated that the implementation of the remaining elements of the legislation will be adversely affected by industrial action. I am not sure what that means in terms of a timeframe for people who would be keen to have matters such as those I outlined earlier registered.

If the Minister of State has any further information on timelines, I would be grateful to receive it; otherwise I can contact the Department to get same.

Deputy Marcella Corcoran Kennedy

We can certainly do that for the Senator.

Cancer Services Provision

Senator Pádraig Mac Lochlainn

Recently in the Dáil my colleague, Deputy Pearse Doherty, raised the issue of chemotherapy patients from County Donegal yet again being forced to travel to Galway because of the failure to recruit a consultant in Letterkenny University Hospital. The Minister for Health, Deputy Simon Harris, was not present that day to deal with the issue and Deputy Pearse Doherty expressed his outrage. He received a massive response in County Donegal. With all due respect to a very decent Minister of State, Deputy Marcella Corcoran Kennedy, whom I know, I am disgusted that the Minister is not here to deal with the issue, particularly when he knows of the anger expressed in County Donegal the last time he did not show up. This is the second time there is a big issue in County Donegal related to cancer services and he is not here to deal with it in person. I hope we will receive a very detailed response.

By way of background, two years ago the crisis in breast cancer diagnostics and surgical operations in Letterkenny was brought to the Government's attention. There was a meeting of the cancer campaign groups, Oireachtas Members, the HSE, Saolta and senior Department of Health officials to try to resolve the issues involved. It was agreed that a second consultant breast cancer surgeon would be allocated to the hospital because the demands on the consultant surgeons were absolutely untenable. A year later, in January 2016, the Minister of State, Deputy Joe McHugh, confirmed that the then Minister for Health, Deputy Leo Varadkar, would shortly advertise the position and that the issue would be resolved a year after the crisis had manifested. We are now two years on and I am led to understand the National Cancer Control Programme is blocking the appointment and that the issue will not be resolved. The numbers of cancer patients in County Donegal were mentioned. We said the breast cancer surgeon was dealing with 3,000 cases per annum. The backlog is growing all the time. People are fiddling while Rome burns. I ask for a timeline and confirmation as to when a breast surgeon consultant will be appointed in Letterkenny to take the pressure off the consultant to whom I referred to make the service sustainable and give a guarantee to the people of County Donegal. Recently the North West Cancer Centre was opened. Services in counties Derry, Tyrone and Donegal are working together. If there is a shortage of numbers to justify the appointment of a second breast cancer surgeon in County Donegal, we should look at combining counties Derry, Tyrone and Donegal to have the critical mass required.

This issue needs to be sorted out. It has been ticking for two years. I need confirmation, on behalf of the people of County Donegal, that it will be sorted once and for all.

Deputy Marcella Corcoran Kennedy

I thank the Senator for raising this very important issue and giving me the opportunity to update the House on it.

In 2007, in recognition of the particular and unique geographical circumstances applying to County Donegal, the Department set out a very clear policy direction, approved by the Government, that Letterkenny breast cancer service should operate as a satellite centre of University Hospital Galway. Specifically, on a sole exception basis, the Government agreed that University Hospital Galway should be permitted to enter into outreach service delivery in Letterkenny as an additional activity. This exception was subject to a number of conditions, including case volumes meeting the minimum criteria and all other quality assurance standards being satisfied on the same basis as for care being provided in Galway.

The Saolta hospital group has always expressed a strong commitment to continuing the Letterkenny service as a fully integrated part of the symptomatic breast disease service in Galway, including through a joint multi-disciplinary team approach. The Letterkenny service has been run by a single consultant who also undertakes general surgery at the hospital. Support is provided by Galway-based Saolta consultants who travel to conduct clinics in the Letterkenny service to meet needs arising.

Recently, with surgical vacancies arising in the hospital and patient referrals increasing slightly, the Letterkenny service has been under some pressure to meet key performance indicators. While a particular focus has been maintained on urgent referrals, challenges are arising in addressing non-urgent breast cancer referrals in a timely way. Steps taken to address this included using locum consultants to undertake clinics, increased clinics undertaken by Galway-based consultants and the referral of some women, with their agreement, to University Hospital Galway. In mid-2016 a locum surgeon was in post in Letterkenny for a period and this had a significant impact on waiting lists. With his departure, further measures are required to address the issue.

In the short term steps are being taken to appoint a full-time locum consultant breast surgeon as soon as possible and Galway-based Saolta consultants will increase their level of support for the Letterkenny service. Meanwhile, the requirements of the Letterkenny breast cancer service in the medium term are being assessed. This is being done in light of the clear evidence that patients who are operated on by surgeons who carry out higher volumes of surgery achieve better outcomes. Efforts have been made to recruit GP support for the Letterkenny service and will be renewed. The appointment of an advanced nurse practitioner is also being pursued. The possibility of further co-operation with health services in Northern Ireland will be explored in the future, building on the level of co-operation achieved in the case of the North West Cancer Centre at Altnagelvin Area Hospital. The centre was opened in November last year and is providing access to radiotherapy services for people from both jurisdictions in the north west.

I emphasise that the Minister, Deputy Simon Harris, is very committed to providing high quality, safe health care for patients in Letterkenny University Hospital. A significant number of capital projects have been carried out, or are planned, including a medical academy, a blood science laboratory, expansion of the recovery unit and renovations to provide accommodation for a pharmacy, a respiratory laboratory and a cardiac investigations facility. The Minister is committed to the continued provision of high quality, timely services for patients attending breast cancer services in Letterkenny University Hospital.

Senator Pádraig Mac Lochlainn

The Minister, Deputy Simon Harris, should be here, considering his failure to be in the Dáil to take the recent related Topical Issue raised by my colleague Deputy Pearse Doherty. I seek clarification. It has been stated steps are being taken to appoint a full-time locum consultant breast surgeon. In my dictionary "locum" means a replacement. It is not a second full-time position to work in tandem with the single consultant who is there and who, as everybody knows, has been under ferocious pressure for two years.

The people of County Donegal welcomed the opening of the North West Cancer Centre in Derry and would welcome the combining of counties Derry, Tyrone and Donegal to provide the critical mass of population required to ensure patients would not have to travel from County Donegal to Galway or Dublin, as they have had to for years. What has been forced on people in County Donegal is inhumane, indecent and wrong. We want to know whether there will be a second full-time consultant breast surgeon, not a locum, something that was promised to us in the mouth of the general election in January last year. We heard a statement to that effect from the Minister of State, Deputy Joe McHugh, on behalf of the then Minister, Deputy Leo Varadkar, and it was welcomed by the cancer campaign groups. We have sat and waited. In the last week Deputy Pearse Doherty and I have been advised by the cancer campaign groups and senior people within the hospital that the filling of the position has been blocked. I would like to have it confirmed that there will not be a locum but a second full-time consultant breast surgeon to work with the large number of patients - as I said, 3,000 - who are being dealt with by the team there. There are hundred and hundreds on what is a growing waiting list. Therefore, we need assurances. Will there be two consultant breast surgeons in Letterkenny University Hospital? We do not want locums or to see drop-in and out arrangements. Will there be two consultant breast surgeons in order that it can be a stand-alone service which will work in partnership with chemotherapy and radiotherapy services? That is what we need to strengthen services in Letterkenny.

In Donegal and the north west we want to ensure that cancer patients, from diagnostics right through to radiotherapy, can be treated within the region and do not have to travel. We want equality of cancer care and equality of access for our cancer patients, and the Minister needs to assure us that these things are on the way. I do not mean locums, nor replacements, nor part-time drop-ins but equality of access for patients in Donegal.

I wish the Minister for Health was here as he is directly responsible for these things but I call on the Minister of State to give the necessary assurances. If possible, she can get the Minister to contact my office to do so himself.

Deputy Marcella Corcoran Kennedy

The Letterkenny service has been run by a single consultant but in 2016 a locum surgeon was in position to address waiting lists. I have been advised that the short-term steps which have been taken include the appointment of a full-time locum consultant breast surgeon. The Galway-based Saolta consultants will also increase their support for the Letterkenny service. However, I appreciate that the Senator requires clarity and I will endeavour to get that for him.

I convey the apologies of the Minister for Health, Deputy Simon Harris, for not being here but he was unavoidably engaged elsewhere.

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

Seanad Éireann debate - Thursday, 23 Feb 2017