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Seanad Éireann debate -
Wednesday, 10 May 2023

Vol. 293 No. 14

Nithe i dtosach suíonna - Commencement Matters

I welcome the Minister for Agriculture, Food and the Marine, Deputy Charlie McCoalogue to the House. It is good to see a full Cabinet Minister taking a Commencement Matter.

Forestry Sector

I thank the Minister for coming to the Chamber to discuss a query with regard to the Forestry Act 2014. Over the past number of years we have had objections and backlogs with forestry felling that have caused significant concern to the industry here. I know many improvements have been made and we are getting to a better place, which is important for the timber industry. However, there is something that I feel is an anomaly in the Forestry Act 2014. I am referring to the exemptions to the requirement for the need for a felling licence. I do not agree with this. One of the exemptions is for trees in an urban area. This is defined as the old municipal urban areas in any town. The particular case I am referring to is in urban Athlone in the general area of Coosan. What distinguishes a tree from a forest? A forest is defined as an area of ground of 0.5 ha. or over - roughly 1.6 acres. That constitutes a forest. The exemption is for the felling of a tree. In this case, it was over 3 acres of native forestry that had been there for the past 70 or 80 years, which was mowed down by machines. I made contact with the National Parks and Wildlife Service, NPWS, and the forestry service and we were told that it was completely legal. This does not make sense. We should be looking for more green areas, more forestry and more native woodlands within urban areas, instead of having the situation where there is an exemption for somebody to actually just cut it down without the need to get a licence.

In the area that has been cut down, the forest provided drainage for the entire Coosan area, which is a large urban area in Athlone where more houses are going to be built. In the weeks since this happened, various houses have been flooded because the trees are no longer there to soak up the water. I want this issue addressed. The Forestry Act 2014 states that the Minister may serve a replanting order if a felling was not done in accordance with the Act. My understanding is that the case being discussed was not done in accordance with the Act and that the Department was not notified in advance that the felling was going to happen. It was only after the fact that a lot of queries happened and the legal advice we were given was that it was actually legal and, therefore, the Act needs to be examined. We need to preserve any green and forest areas we have in our urban areas rather than having these exemptions where somebody is able to come in and cut trees down with Hymacs, not even with chainsaws. The site is destroyed and it will allow the Japanese knotweed on the site, and which was the reason that planning was not allowed, to spread all over the country. I know it is specific issue for a specific site but the issue is within the remit of the Forestry Act 2014 and it needs to be addressed to not allow this to happen in the future. If the Minister has any power in respect of a project like this, it needs to be served and we need to replant the area.

I thank the Senator for raising this issue as a Commencement matter. He is always a very strong advocate on agricultural issues and I see that today he has brought backup as well with Terry and Patrick from Ballymahon Secondary School so I know he has a good team with him this morning.

We are both very much focused on delivering an excellent forestry sector that will benefit farmers, rural communities and the overall economy. Forestry has a significant role to play in helping to achieve our climate ambitions. That is very much evidenced by the €1.3 billion national forestry programme, which will see premiums increase by 66% this year compared to what was in place under the previous programme. It is good to have the opportunity to inform the Seanad about the licensing requirements around felling in an urban area.

Forestry in Ireland operates within the legal and regulatory framework and this is necessary to protect forests and also to ensure that forestry operations and activities are carried out in compliance with the principles of sustainable forest management. Requirements for tree felling and reforestation are set out in the Department document entitled "Felling and Reforestation Policy". This sets out the regulatory framework for felling licence requirements and exemptions to those requirements which we are discussing today, and rules governing permanent forest removal. In all cases, it is the responsibility of the landowner or the person felling the tree to ensure that they are acting within the law. None of the exemptions granted under section 19 of the Forestry Act 2014 serve to remove any restriction on the felling or removal of trees under the planning and development Acts of 2000 and 2013, under the Wildlife Acts of 1997 and 2000 and in particular, section 40 of the Wildlife Act 1976, or any other enactment.

Under the Planning and Development Acts 2000 to 2011, local authorities have a mandatory responsibility to include objectives in their development plans relating to the preservation of amenities. This empowers the planning authority to make provision for tree preservation by establishing a tree preservation order. No tree covered by a tree preservation order may be felled, topped, lopped or destroyed without the consent of the planning authority.

Some common scenarios where trees can be felled without the need to submit a tree felling licence application under section 19 of the Forestry Act 2014 include a tree in an urban area, where an urban area is an area that comprises a city, town or borough under the 2014 Act; where a tree lies within 30 metres of a building, other than a wall or temporary structure, but excluding any building built after the trees were planted; a tree outside a forest within 10 m of a public road which, in the opinion of the owner, is dangerous to persons using the public road on account of its age or condition; trees outside a forest, the removal of which is specified in a grant of planning permission; and a tree outside a forest in a hedgerow and felled for the purposes of its trimming, provided the tree does not exceed 20 centimetres in diameter when measured 1.3 m from the ground. These exceptions were introduced to cover cases where it was deemed that the full rigour of a licensing system is not required to allow the removal of trees in limited circumstances.

In conclusion, we do not have plans at this stage to amend the Forestry Act as regards tree felling and the exemptions located within the Act. However, we will very much take on board the feedback and experiences as we find them, including the Senator’s particular experience, and fully consider them as well. I have laid out the current regulatory framework, the different aspects of it and the rationale for the approach that is already in place.

I thank the Minister. I accept that the local authority should put in place tree preservation orders but, unfortunately, it was not done in this instance. Part of the exemption is for trees outside a forest so it is about the legal interpretation of what is a tree and what is a forest. When we look up what a forest is, if more than 0.5 ha is under trees, it is a forest and the exemption does not apply, although that is just the opinion I have formed from my reading of it. The Act refers to “trees outside a forest”. If a forest is 0.5 ha, which it was in this case, then the exemption does not apply. I feel that a ministerial order should be put in place for the replanting of that area of ground. The reality is that it is affecting the water table in the area and is going to cause flooding in the future, given it has already raised the water table in the area because that water is not being soaked up underground.

I ask that the Department’s legal team would look at this again with regard to the legal interpretation. My reading of what is stated in the Act is that it refers to “trees outside a forest” and a forest is an area greater than 0.5 ha, which is approximately 1.5 acres or 1.6 acres. That is what it is in this case, so the exemption does not apply. I think a ministerial order should be looked at to replant that site in what is an urban area. The more green areas we have in our urban areas, the better.

I thank the Senator. I have laid out the regulations and rules that apply where licences are required and where there are exemptions, and the onus and responsibilities on landowners in terms of any decision they make and making sure they comply with the law. In this particular instance, I am happy for the Senator to correspond further with me and, having considered the regulatory framework that is there, to put the case to me as to whether he feels it was followed and complied with. I am happy to engage further with him in that regard. I thank the Senator for raising the matter.

Special Educational Needs

I thank the Minister of State, Deputy Niall Collins, for taking this matter on behalf of the Minister, Deputy Norma Foley, and the Minister of State, Deputy Josepha Madigan. This topic is of the utmost importance to parents and students with additional needs in Tramore and the surrounding areas of County Waterford. The built-up area of Tramore has a population of over 10,000 and its immediate hinterland a further 2,000 as per census 2022. There are four primary schools in the town: Tramore Educate Together National School, Gaelscoil Philib Barún, Holy Cross National School and Glór na Mara National School. Unfortunately, only one of them, Tramore Educate Together National School, has two ASD classrooms. Despite the fact that two further schools in the wider catchment area, Fenor National School and Ballyduff National School, have five ASD classrooms between them, there simply is not sufficient space to meet the huge demand for special school places in the Tramore area.

To put that in context, there are more special classes in New Ross, which has six classes for a population of 7,000, than in Tramore, which has two classes despite having a population that is 3,000 higher. I say that not to pit one area against the other - I am sure those six classes and probably more are needed in the New Ross area - but to emphasise that the provision of special class places in Tramore is wholly inadequate, especially as it is an area with a young and growing population.

In making my remarks, it is important to say that I come from a teaching background, so anything I say is first-hand information, not second-hand or third-hand information. It is based on my lived experience of teaching students with additional needs, which I did up to my election to Seanad Éireann in 2020. The integration of ASD classes within mainstream primary and secondary settings is something that works, and something I strongly believe in. Not only does it work for the student with additional needs, which of course is the most important thing, but it also works for the wider mainstream school population by creating that knowledge, understanding and empathy for those who have additional needs. It is a life skill in itself. I have seen some of the toughest lads in a class have a knowledge, a compassion and an awareness of students with additional needs that I never had when I was in school because we simply were not taught what things like ASD were.

That underscores the importance of the integration that is happening in our school communities across the country. If we want to see that wider integration in our society and an understanding in later life, we have to start with our youngest kids. I firmly believe we are on the right track but we need to address deficits where they exist, and Tramore is certainly one of those areas.

Distraught parents have been in contact with me in recent months who do not have a place for their son or daughter for September. It is an untenable position that we would say to parents that it is okay for them to send one of their children to a school but they cannot send the other child to that school because there is no ASD place, and they have to find an alternative place in Waterford city or somewhere else, at best, or look at home tuition. That is not an acceptable position. I believe every school in this country, both primary and secondary, should have at least one ASD classroom attached to it. We had three such classes in the school I taught in. I have served on the board of management of that school. I think that one of the best decisions we made was to provide ASD classrooms because there are only upsides to that.

My question is this: are there plans for additional special classes in Tramore come September, and if there are not, is it the intention of the Minister and the Department to utilise section 37A to ensure that those necessary places are put in place for students with additional needs?

Before the Minister of State commences, I welcome the delegation who are here in an official capacity from the Institute of Higher Studies of the Ministry of the Interior of France. You are very welcome. It is appropriate that we are discussing an educational issue and that we have the Minister of State at the Department of Further and Higher Education, Research, Innovation and Science with us. You are very welcome and I hope your trip is fruitful.

I call the Minister of State, Deputy Collins.

I join the Cathaoirleach in welcoming our guests. I thank the Senator for raising such an important issue. A priority for the Government is to ensure that all children have an appropriate school placement and that the necessary supports are provided to our schools to cater for the needs of children with special educational needs. It is important to remember that the vast majority of children with special educational needs are supported to attend mainstream classes with their peers. To support children with more complex needs, special classes in mainstream schools and special schools are provided.

This year, the Department of Education will spend in excess of €2.6 billion, or more than 27% of the Department’s budget, on providing additional teaching and care supports for children with special educational needs. For the first time we will have more than 19,000 teachers working in the area of special education and more than 20,000 SNAs. We have almost 40,000 qualified and committed people in our schools who are focused wholly and exclusively on supporting children with special educational needs.

The National Council for Special Education, NCSE, has responsibility for co-ordinating and advising on the education provision for children nationwide. Over the past three years, the Department of Education and the NCSE have introduced a number of strategic initiatives to plan for and provide sufficient mainstream, special class and special school places. These initiatives are bearing fruit, with more than 600 new special classes sanctioned at primary level, almost 300 new special classes sanctioned at post-primary level and five new special schools established over the past three years.

The Department is engaging intensely with the NCSE on the forward planning of new special classes for the next school year, 2023-24. On 12 April, the Minister for Education, Deputy Foley, and the Minister of State at the Department of Education, Deputy Madigan, announced the establishment of two new special schools as part of a comprehensive update on enhanced education provision for students with special educational needs. Along with the two new special schools, the Minister and Minister of State also confirmed that 218 new special classes have been sanctioned by the NCSE for opening in the coming school year.

The NCSE has now sanctioned further classes to bring the total number of new special classes to 305, with some further special classes to be sanctioned in the coming weeks. The 305 new classes are made up of 195 at primary and 110 at post-primary level. The vast majority of these new classes are to support children with autism. Of the 305 new special classes sanctioned by the NCSE for the 2023-24 school year, four are in County Waterford, with one at primary level and three at post-primary level. These new classes will bring the total number of special classes in the county to 56, with 36 at primary level and 20 at post-primary level. Specifically, there will be six special classes from September 2023 for the Tramore local school planning area, with four at primary level and two at post-primary level.

The NCSE has advised the Department that it is in negotiation with both schools referred to by the Senator on the opening of new special classes. The issue of available space for additional classes is under consideration. The purpose of the Department of Education’s additional school accommodation scheme is to ensure that essential mainstream classroom accommodation and accommodation for pupils with special education needs is available to cater for pupils enrolled each year, where the need cannot be met by the school's existing accommodation. It is open to the school authority to make an application for additional accommodation through the additional school accommodation scheme, which is available at gov.ie. No such application has been received from either of the schools in question.

I again thank the Senator for raising this issue and for giving me the opportunity to reassure the House that the Department is committed to ensuring that all children can access an education suitable to their needs. I reassure the him that the Department of Education will continue to support the NCSE and schools through the provision of the necessary funding and capital investment to ensure all children are successful in accessing an education.

I thank the Minister of State for his reply, a copy of which I have read very carefully. There is slightly contradictory information in it. One additional primary school place in Waterford has been sanctioned. I understand it is in St. Stephen's De La Salle in Waterford city. The reply later references that four primary school ASD classes will be available for September 2023 but only two are in place already. I take it from this that there is confirmation in the reply that an additional two classes will be provided in the Tramore area. This is new information but the next question that will rightly be asked by parents is where are the classes and in which schools will they be. I note in the reply there has not been an application from those schools. I accept that the NCSE constantly engages with schools. As I said in my opening remarks, every primary and second-level school should have at least one ASD class attached to it. This is the only way we will address educational needs.

I thank the Senator for raising what is a very important issue for the Tramore school planning area, not only for the students but also for the parents and the wider community. I reiterate that the Government is absolutely committed to supporting children with special educational needs. The fact that 27% of the entire budget of the Department of Education is allocated to it is a very strong and significant statement by the Department and the Government. With regard to the clarification that the Senator seeks, I cannot give it now but if he writes to me after this debate I will have it followed up and clarified for him directly.

Legislative Reviews

I welcome our guests in the Gallery. The much anticipated report from the three-year review into Ireland's abortion legislation was released on 25 April. Before its official release a series of leaks to The Irish Times indicated that the report would recommend sweeping changes to abortion law. These leaked reports seemed to confirm what many people feared, which is that the eventual recommendations would be radical and entirely one-sided. From the word go, all signs suggested the review would be anything but independent. In summer 2021, the Minister for Health, Deputy Donnelly, met a selective group of people who all think and thought virtually the same things about abortion. They were all brought together by the National Women's Council. These included groups such as the Abortion Rights Campaign, the coalition to repeal the eighth amendment and other similar groups. There was no interest, of course, in talking to those who would wish to see the unborn protected in whatever way was possible under the new law.

In December 2021, the Minister promised that the so-called independent chairperson to lead the review would be appointed by public tender. We know this did not happen because it was done without a public tendering process and the person appointed was someone who had skin in the game, so to speak. It was a person who had been on the record in social media on the pro-repeal side. The question of independence was finessed by Government supporters suggesting that all that was meant by "independent" was somebody who was not in the Government, and was independent of the Government and the Department.

This spin raised questions about the integrity of the process from the start and about the professionalism of the people driving the process. It was no surprise to see many major shortcomings in the report, quite apart from the extreme nature of its recommendations. For instance, and remarkably, on page 6, the author of the report writes that between the beginning of January 2019 and the end of December 2022, there had been approximately 17,820 abortions. While she acknowledged in a footnote that these figures might not be accurate, she then failed to do the work required to calculate an accurate figure. Last year, the Department of Health acknowledged there were an extra 2,000 abortions in 2021. Similarly the report chairperson failed to include a staggering 8,500 abortions in 2022, which the Minister revealed in an impromptu radio appearance.

This supposedly independent chairperson produced a report that underestimated the total abortion rate by approximately 40%. Factual errors such as this are just not acceptable. The report and the review should have examined the startlingly high abortion rates we have had in just four years. There was only cursory treatment, and no interest in evidence-based analysis, on the issues of the necessity for precautionary pain relief for the unborn.

On the issue of the three-day waiting period, she relied on activist research designed to minimise the number of women who opted not to have an abortion having had the first consultation. She came in with the remarkably low figure of 2% but could have relied on the HSE figures, released in reply to questions in the Dáil, which show that as many as 4,000 of the approximately 30,000 women who had abortions in recent years may have changed their minds. Even allowing for miscarriages and some women possibly having gone elsewhere for an abortion, that would indicate a figure of approximately 17%. It is an issue of integrity - the integrity of the Minister and the Department.

I do not necessarily blame people who have particular views for accepting an appointment to organise and produce a report that is supposed to be independent, but they have to be judged by what they have produced. Everything in this report suggests extreme bias. There is a failure to examine the issues that might suggest there is something wrong with the way the abortion law is operating, with such an increase in abortion rates, and a desire to bolster the case for removing the three-day waiting period.

In light of all that, I am not surprised that the Minister of State, Deputy Niall Collins, has been left to take this Commencement matter. I am not blaming him. The Department of Health and the Minister run away from the hard questions about abortion and the way the abortion law is acting. It is disgraceful. It lacks integrity and is unprofessional. I do not blame the Minister of State, Deputy Collins, for that but I do not anticipate any great humility in the words that have been prepared for him to deliver in respect of this appalling report.

I thank the Senator for raising the issue. As he noted, I am responding on behalf of the Minister for Health. I am grateful for the opportunity to address the House on the review of the operation of the Health (Regulation of Termination of Pregnancy) Act 2018. As the Senator is aware, the Minister for Health commenced the review of the operation of the Act in line with statutory and Government commitments at the end of 2021.

The review was based on wide-ranging independent research and comprised two phases. The first phase was an evidence- and information-gathering exercise which consisted of a public consultation, as well as research into the operation of the Act from the perspectives of service users and service providers. The public consultation provided organisations, stakeholders, advocacy groups working in the area and all other interested parties with the opportunity to have their say on the operation of the legislation. Nearly 7,000 submissions were received as part of the process. Research to inform the service user strand was carried out by Dr. Catherine Conlon, who has completed a large qualitative study investigating unplanned pregnancy and abortion care. This study, commissioned by the HSE’s sexual health and crisis pregnancy programme in September 2019, has generated an in-depth understanding of the experiences of women who have accessed abortion care services since the commencement of the Act. The study was published by the HSE on 12 July 2022. Research into the views and experiences of termination of pregnancy service providers was carried out following a tendering process by Manchester Metropolitan University. The second phase of the review was led by an independent chair, Ms Marie O’Shea BL, who assessed the extent to which the objectives of the 2018 Act have been achieved, analysing in that regard the findings of the three strands of information from the first phase. The chair also drew on the findings of other relevant peer-reviewed research and consulted further with stakeholders as necessary before providing conclusions.

The final report of the review was submitted to the Minister for Health on 28 February 2023. The report makes a range of recommendations, most of which are operational in nature, with some proposing legislative change. The report was considered by the Cabinet on 25 April. The Government agreed that the HSE will establish an implementation group to progress the operational recommendations. As regards the proposed legislative changes, it was recognised that they will require careful contemplation and discussion to ensure they secure as broad a support base as possible. Therefore, the Minister for Health, with the approval of the Government, has referred them for consideration and report by the Oireachtas Joint Committee on Health. Given the committee’s cross-party composition and oversight role in respect of the health service, it represents an effective and appropriate forum to consider the changes proposed.

A pro-repeal chairperson, with pro-repeal activist research also cited by the Minister of State, relying on a study based on a very small sample from a group of pro-abortion doctors rather than relying on HSE data provided in reply to questions in the Dáil, does not sound like wide-ranging independent research. The report chairperson was quick to cite evidence internationally in favour of removing the waiting period but ignored other countries that have waiting periods. For example, Belgium, which is hardly a conservative country, has a six-day waiting period. There was no interest at all in that side of the argument. Some people are tired of people with no fairness, scruples, ethics or professionalism driving analysis on how the new abortion law is working. Two things are clear. First, abortion rates have gone up dramatically and, second, some abortions are taking place in late term, with no consideration of precautionary pain relief for the unborn involved. That is savage. The Government and all those who turn a blind eye or advocate this kind of public health policy ought to be ashamed of themselves.

As the Senator is aware, the Minister for Health commenced the review of the operation of the 2018 Act in line with statutory and Government commitments. The review was led by the independent chair and based on comprehensive independent research. The Minister received the final report of the review at the end of February and it was considered by the Government on 25 April. In line with the Government decision, the HSE will now proceed to progress the operational recommendations in line with the report, while the recommendations involving legislative change will require further consideration by the Oireachtas Joint Committee on Health.

Cybersecurity Policy

Cuirim fáilte roimh an Aire Stáit. This weekend marks the second anniversary of the largest ever cyberattack on a State institution or agency. As far as we know, it is the largest cyberattack ever in the State. The attack in question was, of course, on the HSE and resulted in up to 7,000 patient appointments being delayed or cancelled. As we now know, up to 100,000 letters have been sent to patients, with a significant number of them being informed of potential data breaches. When I raised in November 2021 a similar Commencement matter with then Minister of State, Deputy Feighan, regarding the cost and the actions to be taken, he informed me that, as a result of the cyberattack, €37.5 million had been spent in the first six months to address IT infrastructure. At the beginning of this year, the Committee of Public Accounts was told that the Department of Health had spent €1 million and the HSE had spent €53 million but that sum was scheduled to rise.

It is important that we know the cost and the reason it is important to invest in this infrastructure, but also the steps that have been taken to avoid similar attacks on the HSE or other State agencies under the Department of Health or on a wider government level. The number of cyberattacks on State institutions and agencies is increasing. Many of those involved in perpetrating the attacks do not care what their target is. As part of hybrid warfare, they will target vulnerabilities in the infrastructure. In many cases, there is state-sponsored or state-condoned attacks, mainly emanating from four countries, namely, Russia, China, North Korea and Iran. We know the attack on the HSE emanated from Russia. As I stated at the time, I am very concerned that although there were protests at the Russian embassy with regard to the attack, no stronger action was taken.

I used the example of Albania, which has a much less developed infrastructure than Ireland. In September 2022, when Iranian authorities attacked Albania and there was a ransomware attack on a number of government agencies, Albania decided to cut all diplomatic ties with Iran. I am not suggesting we do that with Russia but a serious question needs to be asked about our cyber defences. We know that evidence from the European Union Agency for Cybersecurity and Microsoft is that in 2022 the proportion of state-supported cyberattacks has increased from 20% to 40%, as a proportion of the overall attacks. A lot of this is because of Russia's attacks on Ukraine, but also increasingly on those who are allied or perceived as supporters of Ukraine. Our health service is a critical piece of infrastructure. We know about the damage done when it was attacked in the middle of a pandemic. We have, unfortunately, seen a global increase in these types of attack. I hope the Minister can outline to us today what actions have now been taken, the level of security now in place to ensure it does not happen again and to inform us of the costs and what other actions may need to be taken.

I thank the Senator for raising this matter, and I welcome the opportunity to outline the current position. He is referring to the criminal ransomware attack on the HSE in May 2021. The cost of the response and recovery from the cyberattack was €50,909,769. In 2022, the cost incurred was €38,796,638. This is a total cost for those two years of €89,706,407. It must be recognised that all organisations that operate online are operating in a threat landscape of cyberattack, given the global economic and geopolitical uncertainty. Finance and health are two areas of particular interest to cyber criminals, given the sensitivity and inherent value of the data managed within these sectors. This continuing threat will need to be mitigated by ongoing and sustained investment to strengthen cyber resilience and to ensure a secure foundation on which to build our technology, data and health information. Cybersecurity is, therefore, an important priority for the Government, which has allocated funding to the HSE to strengthen its cyber resilience. A further allocation of €54.88 million was provided as part of the service plan for 2023, to enable the HSE to act on the recommendation of the independent post-incident report. That report was commissioned by the board of the HSE in the immediate aftermath of the cyberattack.

A commitment to further investment in the coming years is also required to ensure the HSE continues to build the cyber resilience necessary to reduce the impact of further cyberattacks. A clear plan is in place for work to be done in 2023 and progress is actively monitored by the Department of Health. The national cybersecurity centre is also engaged directly with the HSE to support, advise and ensure compliance with the appropriate national infrastructure security directives. The investment being made to build cyber resilience covers a wide range of actions including staff training, process change, upgrade of technology and equipment, and funding of a significantly enhanced cybersecurity operations centre. Some practical examples of actions taken by the HSE include the ongoing training of staff, so that they are aware of the risks associated with opening unsolicited email and clicking on links that are not verified. There are also simulated phishing attacks and monitoring of the effectiveness of training programmes and communications with staff to deal with this type of attack. The HSE is replacing and upgrading legacy applications that had exposure to cyberattack. The Windows 7 estate is being reduced from more than 30,000 devices to fewer than 600 currently, with active monitoring of the remaining devices, which cannot yet be eliminated because they support applications that are still needed. The remaining Windows 7 estate will be eliminated. Older applications are being taken offline completely or access is only provided to users as and when required. There is investment in the replacement and upgrade of underlying ICT technical infrastructure, including servers, firewalls, networks and ed-user devices. Services and applications have been migrated to the cloud, and there is significantly enhanced active monitoring of threats by a cybersecurity operations centre, tagging and classification of threats and associated interventions to deal with these threats. Finally, a prioritised list of actions and interventions is in development for the future based on the recommendations of the independent post-incident report.

I thank the Minister of State for his response. He has provided us with pretty eye-watering figures. We know that to the end of 2022, simply for response and recovery, the State has had to spend €89.7 million. In addition, as part of the service plan to upgrade the systems, we are looking at the spending of almost €55 million. It has not stopped yet. As the Minister of State indicated, the work continues. For instance, he mentioned Windows 7 is still being operated on a number of devices, when Microsoft stopped repairs and updates for Windows 7 in early 2020. It is still a concern. I appreciate there is a small number of devices in place. This has to be a top priority for all of Government, and not just for the Department of Health. We cannot have that kind of data breach in the future. The lesson needs to be learned from the HSE, for all Departments and agencies.

The HSE has introduced important changes to the governance of cybersecurity across the organisation based on the recommendations of the post-incident report. An interim chief technology and transformation officer and chief information security officer were appointed in 2022. Competition to fill these roles on a permanent basis is under way. Members of the HSE executive management team formed the oversight committee for the implementation of the recommendations of the post-incident report. Finally, the board of the HSE has established a new subcommittee for transformation and technology with responsibility for oversight of ICT and cybersecurity. I thank the Senator for raising this important issue and I assure him and the House that this important matter will also be closely monitored by the Department of Health.

Cuireadh an Seanad ar fionraí ar 11.18 a.m. agus cuireadh tús leis arís ar 11.30 a.m.
Sitting suspended at 11.18 a.m. and resumed at 11.30 a.m.
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