Cuirim fáilte roimh an Aire Stáit.
Commencement Matters
Local Authority Rates
I welcome the Minister of State, Deputy Catherine Byrne. I am delighted she is here to respond to me on behalf of the Minister for Housing, Planning, Community and Local Government. As a representative of an urban area, I am sure she will understand the various challenges that arise when successful businesses that want to get bigger decide to purchase greenfield sites to develop large out-of-town shopping centres and retail outlets. One such challenge develops when the premises from which such businesses previously operated are left empty. While these vacant facilities are available for leasing and renting, the terms and conditions involved, including the requirements and duration of the lease, make it impractical for anyone to promote a realistic business opportunity at such premises.
I know this used to be a major issue in Dublin and other cities when successful retail outlets, especially supermarkets, that were leaving sites vacant were able to claim a 100% rebate on their rates each year. The way it used to work was that a company with one of these units would pay rates on that unit on 31 December each year, before claiming those moneys back on 1 January of the following year by demonstrating that the unit was available for renting to a suitable client who could meet strict terms and conditions. To deal with this problem in Dublin and other big cities, it was decided to introduce legislation to limit to 50% the rebate such companies could get on their rates. They paid 50% and got a discount of 50%. I want this legislation to be extended to all urban areas in order that it covers towns like Ennis in County Clare and Tralee in County Kerry.
A large unit in Tralee town centre from which Dunnes Stores traded successfully for many years is now empty. The company was so successful in the town that it decided to build a big out-of-town unit on a greenfield site. As a consequence, its former unit in Tralee town centre has been empty for some time. The existence of this vacant unit in the centre of Tralee is choking development in the area. It is fair and reasonable to expect a successful company like Dunnes Stores to make a contribution towards the rates bill for what I would describe as a derelict site.
There has been no effort whatsoever made to rent it out, either as small units or to an alternative business. The particular example in Tralee is replicated in towns all over the country. I have huge sympathy for somebody who goes out of business and is having difficulty in renting a unit, given that it may require significant investment to bring it up to an acceptable standard and the particular client may not have money to do so. However, it is a different ball game when there is a major company with significant profits which is in a position to prevent this from happening. It is a reasonable request that legislation be introduced to extend the 50% rebate across the country.
I thank the Senator for raising this matter. Unfortunately, the Minister, Deputy Simon Coveney, is before the Select Committee on Housing, Planning, Community and Local Government and I will be taking this matter on his behalf.
Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation pursuant to the Valuation Acts 2001 to 2015. The Local Government Act 1946 provides that where a property is unoccupied on the date of the making of the rate, the owner becomes liable for rates. However, the owner may be entitled to a refund if the property is vacant for specified purposes, the specified purposes being as follows: if the premises are unoccupied for the purpose of making additions, alterations or repairs; where the owner is bona fide unable to obtain a suitable tenant at a reasonable rent; and where the premises are vacant pending redevelopment. The collection of rates and the determination of eligibility for a refund in this context are matters for each individual local authority. The Local Government Act 1946 provided that the owner was entitled to a 100% refund in most local authority areas. Separate legislation governed refunds in the cities of Dublin, Limerick and Cork where the same criteria for refunds applied, but only 50% of the rates paid were refundable.
With effect from 1 June 2014, when the relevant provision commenced, the Local Government Reform Act 2014 gives discretion to the elected members of individual local authorities to vary the levels of rates refunds that apply in individual local electoral areas within the authority’s administrative area. The Local Government (Financial and Audit Procedures) Regulations 2014 provide that the decision to alter the rate of refund should be taken at the annual budget meeting and that the rate of refund decided in respect of the relevant local electoral area shall apply to eligible persons for the year to which the budget relates. The absence of a decision to vary the refund means that the existing legislative provisions regarding the rate of refunds apply, that is, either 100% or 50%, as set out.
The legislative basis for the levying of rates is spread over a number of enactments, some dating back to the 19th century. Many of the provisions are outdated and not suitable for business trends in the modern era. The Minister will shortly be bringing proposals to the Government to modernise the legislation governing the levying and collection of commercial rates. The proposals will include measures for the elected members of a local authority to determine, as part of the annual budget process, the level of abatement from rates where a property is vacant. The Minister envisages that the new legislation will be brought before the Houses later in 2017.
That sounds like good news for the Senator.
Absolutely. To be fair to the Minister, he is reflecting on the situation. I do not think any fair-minded person would expect somebody who is struggling and may not have the resources to bring a particular building up to standard to have a punitive rates bill for a building that is not generating any return. The particular situation about which I am concerned involves a business which has been relocated and is thriving and leaves what I would describe as a ghost property in the centre of a town. The legislation the Minister envisages bringing before the Cabinet this year will I hope reflect the particular anomaly. I thank the Minister of State for her very positive response.
Deer Culls
As the Minister of State, Deputy Michael Ring, knows, I am concerned about the deer population generally in County Kerry. There are two types of deer, the native red deer, a most magnificent wild animal, and the imported Japanese sika deer. Frankly, I do not mind what the Minister of State does with the Japanese species which I do not think has a proper place in the national park. He can remove all of them. The only cull that should take place among the native red deer should involve old and infirm animals. As for the sika deer, it can be open season. I do not know how many hundred there are, but we want to protect the native red deer.
I accept that deer have caused some accidents. In that regard, I am particularly concerned about accidents occurring on the Killarney to Killorglin road. The provision of further fencing would be of great help in keeping deer within the bounds of the national park. As I do not think the erection of fencing would be possible on the Killarney to Kenmare road, perhaps more signage might be provided to warn motorists.
The Department has received a communication from the Wild Deer Association of Ireland. I suspect it has its own agenda and wants a licence from the Department to shoot deer in the national park. That would be extremely dangerous and is not something I would recommend at all. In fact, I recommend that the Minister of State have a meeting with the Kerry Deer Society. At this point I must declare an interest in that I am a member of the society. We are conservationists, not hunters, unlike some of the others. Through engagement with the Minister of State and his officials, a proper policy on the management of deer could be worked out satisfactorily.
I see a Senator from County Mayo present in the Chamber. She reminded me recently of a national park in that county, Ballycroy National Park.
The Senator might confine himself to Killarney National Park.
I will, but I am dealing with an Irish problem. Some of the native red deer could be relocated to Ballycroy, Glenveagh and Connemara national parks, as happened before. If there is overpopulation, I seriously recommend relocation to some of these national parks. Why not share them with others? I look forward to hearing the Minister of State's response.
That is the first thing Kerry ever wanted to share with Mayo. A colleague of the Senator from County Kerry wants to bring in the Army to deal with other problems there.
The rhododendron problem.
The Senator does not want the Army to be brought in to deal with this problem.
No, I do not.
That is fine. I thank the Senator for raising this matter. There is a significant challenge in attempting to balance the demands of agriculture, forestry and conservation with the need to ensure deer populations occupying the same land resources are managed at sustainable levels and in a responsible and ethical manner. It should be noted that while the National Parks and Wildlife Service of my Department licenses the hunting of deer, my Department does not own the deer population. Deer roam freely throughout the countryside and are present in many parts of the country. It is not part of the remit of my Department, nor would it be generally possible, to cordon them in specific areas of land.
I am sure the House is aware of the unique position of the Kerry red deer. A survey of red deer on the island of Ireland undertaken in 2014 found that the red deer population in County Kerry was descended from an ancient introduction and merited conservation. During the mid-19th century the Japanese sika deer was introduced to Ireland in Powerscourt. It has thrived dispersed within County Wicklow and been translocated to other sites throughout Ireland.
Despite a long-standing overlap in the ranges of red deer and sika deer in County Kerry, no red deer-sika deer hybrids were detected there during the survey work. However, red deer-sika deer hybrids were identified in County Cork. Given their proximity, the County Cork hybrids pose a threat to red deer in County Kerry. As hybrids are not easy to distinguish visually, genetic testing is necessary to tell them apart from purebred deer.
Further genetic surveys are under way on deer in south-western Ireland and departmental officials in Killarney National Park continue to co-operate with this work.
All wild deer species in the State are protected under the Wildlife Acts. However, there is an annual open or hunting season during which deer can legally be shot under licence. The open season for deer operates generally from the beginning of September to the end of February each year, depending on the species and gender of deer. This reflects the conservation needs of the species concerned including red, fallow and sika. Some 4,700 deer hunting licences were issued by my Department last year.
I point out that the hunting of red deer in Kerry is totally prohibited. However, permits may be issued by my Department to hunt red deer in Kerry in instances where they are causing serious damage to crops or forestry and these applications are considered on a case-by-case basis by my Department.
I accept that deer can and do cause serious damage to crops and forestry. Control of deer on private property is the responsibility of landowners. Where control measures need to be taken outside the open season, landowners may apply to my Department for permission under section 42 of the Wildlife Act to cull deer. This offers a facility whereby a person can obtain a permit, on a case-by-case basis, to stop serious damage being caused by deer on specific lands. Permissions are only issued where there is evidence of such serious damage and on a case-by-case basis to take action by means which can include scaring, capturing or killing.
The Department routinely carries out localised deer counts on State lands such as in Wicklow and Killarney national parks. Where appropriate, and depending on the numbers and instances of damage caused by deer to habitats especially woodland, culls may be carried out to ensure that deer populations do not reach levels that would have negative consequences. However, it must be noted that the population of red deer in Killarney National Park and surrounding areas are of national conservation significance.
My Department commissioned a comprehensive survey and report in the winter of 2016 on the distribution, population density and population structure of red deer and sika deer in Killarney National Park. On foot of the recent report, staff from my Department are currently undertaking a cull of deer in the national park, which will be concluded by the end of March.
I am very grateful to the Minister of State for coming to the Seanad on this issue this morning and for his positive outlook in what he has said about the deer meriting conservation. I urge him to have a meeting in early course with the Kerry Deer Society, whose members would be most anxious to sit down with him.
Our views are broadly in line and we accept that where some serious damage is done it can be examined on a case-by-case basis. If deer are on a person's property, they are under the ownership of the landowner who can apply to the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs for a licence, which is understandable. In a general sense, these are worthy of conservation and I accept everything the Minister of State has said in that regard. I would be happy to facilitate his meeting the Kerry Deer Society in early course.
The matter has been dealt with comprehensively. I thank the Minister of State, Deputy Ring.
Hospital Waiting Lists
I thank the Minister of State, Deputy Catherine Byrne, for coming to the Seanad, which enables me to demonstrate why it is vital that the Minister, Deputy Harris, does everything in his power to address the waiting lists for orthopaedic surgery at the Galway university hospitals. We often hear of hundreds of thousands of people waiting for procedures and appointments at hospitals throughout the country. Today I want the Minister of State to hear the case of one individual from my area. I have his full permission and that of his family to use his name in this regard. Nothing brings home the seriousness of the situation like hearing the details of the individual cases.
His name is Neil McEleney. He first underwent spinal surgery at UHG in November 2015. This was a triple spinal fusion which consisted of eight screws, three rods and extensive bone grafting. Two months later the screws slipped and broke two vertebrae, which resulted in the screws pulling out.
He then had a second operation in February 2016. This time the screws and plates were removed and more extensive hardware was used further up his spine. Unfortunately, he experienced severe pain for several months after the operation, at which time a scan showed that the screws had pulled out of the vertebrae and four screws loosened further down the spine.
The CT scan showed a haloing effect where the bone around the screws is being eroded with the constant movement. Every time he moves the screws and frame move, and the four loose screws further down are causing frame movement.
The unimaginable pain Neil is experiencing every minute of every hour and every hour of every day can only be described as inhumane. To complicate things further Neil has two underlying diseases, one of which is sarcoidosis, which affects the lungs and muscles, and has unfortunately gone into the pituitary gland which has in turn caused Addison's disease. His consultants understand his operation requires a multidisciplinary approach involving respiratory and orthopaedic input, as well as endocrinology.
Neil desperately needs a third operation as his spine is out of alignment. This is called an osteotomy where basically a cut in the shape of a "V" is made in the spinal column and the spine is either bent or broken to realign it, and extensive screws and rods are fixed for two thirds of its length and anchored to the pelvis.
His consultant at the time Mr. Jadaan, assisted by Mr. Fergus and Mr. John McCabe, organised for Neil to have the surgery on 26 September 2016. He was admitted to UHG on 25 September 2016, put on a pre-operation IV drip due to the Addison's disease and was advised that he would be first to the theatre on Monday morning at 7.30 a.m. He was gowned and ready for surgery on 26 September, but as there was no spinal cord monitor the surgery had to be cancelled. Neil was discharged and sent home.
Since then he has been waiting in desperation. His endocrinologist has said he is in exquisite pain and he is concerned about the huge amounts of painkillers he has to take.
I quote his consultant orthopaedic surgeon who has stated,
This is major complex revision spinal surgery which is only performed in two centres in Ireland and the waiting lists for it are serious. This is largely due to failure to provide funding at the necessary level for pathway of care commensurate with modern spine practice and has not been adequately addressed.
The Galway university hospitals are also awaiting appointment of further consultants. Again I quote the consultant, who has stated,
I have patients waiting [since] as long as 2013 for spinal surgery under my care. I am not in a position to effect change in the pathway of care unless I get appropriate funding.
How can Neil get the vital surgery he needs? Last week he was sent to UHG by his GP for a much-needed CT scan. He was hoping to be admitted to the accident and emergency department. However, no CT scan was conducted and he was sent home again.
When the Minister, Deputy Harris, was in UHG last week, Neil and his wife Kathleen were there. They saw his entourage pass by but did not have the strength to speak to him. They have nothing left. They are mentally, physically or emotionally drained. I have a simple question for the Minister of State today. Neil has been given several reasons for not being able to have this vital operation at UHG including lack of staff, facilities and funding. He cannot wait in this excruciating pain indefinitely. Can this operation be done in a different hospital, specifically the spinal unit at the Mater Hospital, as a matter of urgency? I say that in the context of the desperation of people on the waiting list for orthopaedic surgery and the pain they are experiencing.
The Senator is way over her limit.
I understand. I thank the Cathaoirleach, but it is such a serious case.
On behalf of Minister Harris, I thank the Senator for raising this issue.
With respect to Galway orthopaedic services, trauma services are provided in University Hospital Galway and elective cases are treated at Merlin Park University Hospital.
The most recent NTPF figures indicate there are 796 patients waiting for orthopaedic inpatient or day-case treatment in Galway University Hospital. Of these, 37, or 5%, have been waiting for more than 24 months. Three patients, which represent less than 1%, have been waiting for more than 36 months. The Saolta University Health Care Group advises that a review of orthopaedic services is currently under way across the group. Findings from the review will be forthcoming shortly. I can assure the House there have been concerted efforts to address waiting lists and reduce waiting times for orthopaedic services at Galway University Hospitals. A musculoskeletal physiotherapy service has been put in place and is being expanded to manage approximately 240 referrals per month. Patients are triaged and, as determined by their consultant, are seen by the physiotherapist. Galway University Hospitals also provides a dedicated orthopaedic pre-assessment service, which helps to ensure patients are appropriately assessed prior to surgery and that appropriate discharge planning is in place following surgery. There are currently nine full-time consultant orthopaedic surgeons in position in GaIway. Two additional surgeons, one with a special interest in paediatrics and the other in spinal surgery, are due to be appointed in March and September 2017.
Reducing waiting times for the longest waiting patients is one of the Government’s key priorities. It is for this reason that €20 million was allocated to the NTPF in budget 2017 which will rise to €55 million in 2018. Last December 2016, the Minister, Deputy Harris, granted approval to the NTPF for a day-case waiting list initiative, with the aim to ensure that no patient will be waiting more than 18 months by 30 June 2017. More than 2,000 day cases will be managed through the process and appointments under this initiative will be issued shortly. The HSE is due to submit waiting list action plans for inpatient day cases and outpatient waiting lists shortly. The focus of these plans should be to ensure that no patient on either list is waiting more than 15 months by the end of October 2017. The HSE has been requested to develop the inpatient day-case waiting list action plan in conjunction with and supported by the NTPF's approach for utilisation of the remaining €10 million of the 2017 funding for patient treatment. These plans are being finalised and the Minister, Deputy Harris, expects to receive them imminently. When requesting the waiting list action plans, the Minister raised concerns about the waiting times across a number of specialties in Galway University Hospitals. He expects that particular focus will be on Galway waiting times as part of the forthcoming action plans.
The Minister of State is not the line Minister but I am sure she will convey what the Senator has said.
I have taken down some notes.
I would appreciate if the Minister of State would relay this case to the Minister, Deputy Harris. I appreciate the review is being done but for people such as Neil on the waiting list, a review is of no consolation to them. Review after review is being done right across the board yet no action is being taken. The consultants are telling us they do not have the resources to do the job. We have to ask who is accountable. Can we find one person who is making the decisions? What we see in health all the time is the Minister passing it over to the HSE where it gets lost in the quagmire again and nobody is accountable. Somebody has to be accountable for leaving people like Neil in excruciating pain for months and months on end.
I appreciate the Minister of State coming in here today but I ask her to speak to the senior Minister, Deputy Harris.
We all have personal stories of cases we find in our work as public representatives to relate to the Minister. Deep compassion and support for such families is needed at a time when people are suffering because of what has happened to them, particularly when they are waiting for appointments and surgery. I will pass on the details of the individual the Senator mentioned to the Minister and ask him to come back to the Senator on the case. I will get more details.
HIQA Reports
I thank the Minister of State for coming to the House to address this very serious issue. As the Minister of State is aware, HIQA released a report in December regarding financial irregularities in the Greenmount property at the St. Mary's, Drumcar, campus of St. John of God. The report found that the residential centre for people with disabilities took thousands of euro from the private accounts of residents without their consent to fund services which the centre should have funded. At the time, the St. John of God campus was home to 22 residents with intellectual and physical disabilities. This fraudulent activity included taking €2,300 from a resident for a specialised armchair. Another resident was charged €2,500 for an armchair and a bone density scan and another resident was charged €552 for a body brace. Bone density scans cost, at most, €100. This is absolute exploitation of the most vulnerable in our society.
Last week, we heard recollections from the advocacy group, SAGE, of a patient with dementia being charged €20 per month for activities that she could not participate in. In addition, another resident was charged €100 for laundry identification tags. There was a weekly charge for a doctor, which was totally immoral because the patient had a medical card. This is absolute fraud and it needs to be addressed.
In response last week, four of the eight residential units at the St. John of God facility in Drumcar were deemed not fit for purpose by HIQA. As my party colleague, Deputy Declan Breathnach, has rightly pointed out, Drumcar needs investment and support, not to be closed down. He will be calling on the Minister in the Dáil for support to ensure the facilities at Drumcar are improved to provide modern delivery of care for the many who still need institutionalised care at the facility. We are trying to get away from congregated settings to community settings; we need integration and not segregation. Currently there are over 2,723 people in congregated settings. The Minister of State needs to initiate a full review of the services provided by St. John of God in Drumcar and to meet the needs of the facility head-on by investing in what is required.
On behalf of the Minister of State, Deputy Finian McGrath, I thank Senator Swanick for raising this important issue. The Government’s ongoing priority is the safeguarding of vulnerable people in the care of the health service. Regulation and inspection of residential centres for people with disabilities was placed on a statutory footing in November 2013 and compliance with HIQA standards is a requirement under the service level agreement between the HSE and non-statutory disability service providers.
The Minister of State, Deputy Finian McGrath, is aware of HIQA’s ongoing concerns regarding the safety and care of residents at the St. John of God, Drumcar, facility in Louth, following numerous inspections the regulator has carried out there. As a fully independent regulator, established under the 2007 Health Act, HIQA has very significant regulatory powers. It is engaging directly with St. John of God leadership and senior management on the serious issues identified in its numerous inspections. A separate review of services would be of no benefit while this process is ongoing.
When initial HIQA inspections began in 2014, they uncovered a lack of understanding on the part of some service providers in terms of meeting regulations and standards. This was particularly true in the case of many of the large congregated settings where longstanding institutionalised care practices were impacting adversely on the quality of life of residents. The Government recognised this and has committed significant resources to escalate the movement of residents from inappropriate, congregated settings to more appropriate living arrangements. Capital funding of €100 million has been allocated over the period 2016 to 2021 to facilitate the reconfiguration of residential services. This capital funding for five successive years will support the move from congregated settings.
In this context, 11 specific sites were prioritised for capital funding in 2016 owing to significant issues with complications with regulatory requirements in these locations. St. John of God North East Services, St. Mary’s, Drumcar is one of the priority sites.
Every person who uses disability services is entitled to expect and receive care of the highest standard and to live in dignity and safety. Our aim must always be to ensure people with disabilities maximise their potential and live rich and fulfilling lives. They and their families trust us to care for them with kindness and compassion. The HSE is implementing a comprehensive change programme of measures to improve the quality and safety of residential services for people with disabilities. While the Health Information and Quality Authority, HIQA's findings may sometimes make for difficult reading such as in the case of the Drumcar facility, they serve as evidence that the regulatory process works effectively and in the interests of protecting vulnerable persons in the care of the State.
While a lot of work remains to be carried out to ensure all facilities comply with disability residential standards and this is presenting challenges for both the HSE and some disability service providers, we must remember that the fundamental objective at all times is to safeguard vulnerable persons. HIQA will continue to take action when standards are not met and where providers are failing to provide residents with a good quality of life.
Senators raised the matter of money being taken from residents. I have no answer and do not know whether the Minister will be able to come back to them on it. I do not have any information on it in the reply.
That is exactly why an independent review of the services provided at Drumcar is needed. It is also why I am bitterly disappointed a specialised review of the facility is not taking place. We need to remember that the population is getting older. In the next 30 years the number of people over 65 will double, while the number over 85 will quadruple. All aspects of the health system will be under strain, especially residential units. There is no point in providing residential units if they will be substandard. For that reason, I encourage the Minister of State to bring the message back to the Minister, Deputy Simon Harris, that an independent review of the facility in Drumcar is needed.
I thank the Senator. I am sure the Minister of State will do that.
I will pass on the information to the Minister.
Sitting suspended at 11.15 a.m. and resumed at 11.30 a.m.