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Seanad Éireann debate -
Tuesday, 27 Feb 2024

Vol. 299 No. 4

Nithe i dtosach suíonna - Commencement Matters

Sports Facilities

I welcome the Minister of State, Deputy Jennifer Carroll MacNeill to the House. I call on Senator Shane Cassells and he has four minutes. Go raibh maith agat.

I welcome the Minister of State and thank her for taking this Commencement matter in respect of the development of Casement Park in Belfast. Indeed, Senator Micheál Carrigy and I have just come from the Oireachtas sports committee where we launched a report on inclusion in sport.

One of the first recommendations in the report in respect of our work concerns the need for the methodology for assessing proposals for State support in the hosting of major sports events to consider inclusion in sport, but nothing could result in better inclusion in sport than the development of Casement Park as a symbol of unifying areas in Northern Ireland and the bringing together of different sports codes and cultural beliefs. In that respect, the statement by the Taoiseach last week in Belfast to pledge Irish Government support of €50 million was extremely welcome. It generated a great sense of confidence in the GAA, the owner of the grounds, but also in the IFA, the sponsoring body of the UEFA tournament in Northern Ireland.

We have seen the positive work on clearing the site in the past week, and it will continue until April. After a decade of weeds growing up, we have now seen great movement. Unfortunately, there was negativity straight away, particularly from those in the Democratic Unionist Party, who sought to pour cold water on the initiative. Jeffrey Donaldson stated the Irish Government's contribution did not fill the gaping hole in funds that was required to be filled. Furthermore, DUP MP Jim Shannon said money should be diverted elsewhere and said at a meeting of the Northern Ireland Affairs Committee that the cost of the stadium had, in his opinion, risen to €257 million. I welcome the fact that the Secretary of State for Northern Ireland, Chris Heaton-Harris, said at the Northern Ireland Affairs Committee meeting that he had not yet got a costing. He stressed the importance of the massive economic and social gains to be derived from the development of Casement Park. Then, unfortunately, he went on to compare, somehow, the cock-up that is the HS2 rail line in England to Casement Park, stating the British Government has demonstrated in what it is done with HS2 that if something becomes way too expensive, things have to change. The cock-up in England is a £36 billion cock-up. What we are seeking as an island is the honouring of the commitment by the very same Secretary of State, given last year, to the effect that if Casement Park were successful as part of the joint bid between Ireland, Scotland, England and Wales in respect of the UEFA Championships, the UK Government would not be found wanting in supporting it. It is time for it to step up. Things are getting serious. UEFA is in town today and tomorrow in Belfast meeting the IFA in respect of this.

It is quite worrying that the Belfast Telegraph reported this morning that UEFA is aware of the opposition to Northern Ireland playing in Casement Park but that it would like to stage the tournament in Northern Ireland as part of the joint bid. That said, if it feels that Belfast will not deliver by the summer, it will move on. That is the seriousness of what we face. Using Casement Park would be a huge gain for the entire island of Ireland, as demonstrated by the Irish Government. The grounds are entitled to the moneys promised, just like Windsor Park and Ravenhill Stadium. I ask that we proceed not only through our financial contribution but stress to the UK Government the need for it to act to ensure the stadium is built.

I thank Senator Cassells for raising this important matter. The return of the power-sharing Executive is very important for the people of Northern Ireland and has brought renewed hope regarding what we believe is achievable through the Good Friday Agreement. Last Tuesday, the Government agreed a range of funding allocations worth more than €800 million to affirm our commitment to work with the new Executive and UK Government to make cross-Border investments that will make the island of Ireland a better place to live for all who call it home. This is evidence of our commitment to strand 2 of the Good Friday Agreement, on North–South co-operation, and is the largest-ever package of Government funding for cross-Border investments.

The Government's funding commitments also reflect years of co-operation and partnership by successive British and Irish Governments, and with the Northern Ireland Executive and Departments. As part of this wider set of commitments, the Government announced a €50 million package through the shared island fund to contribute to the construction of a redeveloped Casement Park in Belfast. The allocation will contribute to the realisation of a long-planned sports infrastructure project for Gaelic games.

In the more immediate term, it will maximise the opportunity, as the Senator has said, of the joint hosting by Ireland and the United Kingdom of the Euro 2028 championship, to see matches being played in Northern Ireland, as well as in Ireland and Great Britain. This is both a North-South and an east-west project. It is the Government's wish for the grounds to be made available for a wide range of sporting and cultural events.

The Government has now confirmed a funding commitment with a view to seeing the redevelopment completed in time for the Euro 2028 tournament, which the Senator has suggested is so important. Sport is enormously important to redeveloping society and bringing society closer together. It has a huge capacity to bring people together. There is the opportunity to see Euro 2028 matches being played in a Gaelic games stadium in Northern Ireland, which has been completed with funding contributions from the Irish Government, the British Government, the Northern Ireland Executive and the GAA. The project is owned and managed by the Gaelic Athletic Association’s Ulster Council in co-operation with the Northern Ireland authorities, which are working to bring together an overall funding package once the costs are finalised to deliver the redeveloped stadium.

The programming of the Government's funding contribution will be agreed upon by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media with the GAA and progressed in co-operation with Northern Ireland and UK counterparts. Consistent with the Government's policy on funding for large-scale sports infrastructure, principles for the funding of the project will be agreed so that it is accessible, will benefit a wide range of sports and will be operated to facilitate equality, diversity and inclusion in sport, including supporting cross-community relationships in Northern Ireland and across the island.

I welcome the fact that today and tomorrow the First Minister, Michelle O'Neill, and the Deputy First Minister of the Executive will meet with the Irish Football Association and UEFA to stress the importance of this for Belfast. Yet, my fear is that the DUP is using the funding of Casement Park as a political football on a football field. This is because it is getting involved is saying “No more”. Its favourite word is “No”. It is saying there should be no more funding for Casement Park or the GAA.

Why has the cost gone from £77 million to £200 million in sterling? The answer is very simple. The newly elected GAA president, Jarlath Burns, pointed out yesterday on “Drivetime” that it has gone up because UEFA demands a certain spec for a stadium. As a result, the cost has gone up in tandem with what UEFA demands. The British Government pledged that it would not be found wanting if this ground was selected for a European soccer tournament. It has been selected. I am asking now for the Government to put pressure on the Northern Ireland Secretary, Chris Heaton-Harris, to deliver on what he said last year, which was that he would find that funding gap. It is imperative that we do that.

I thank the Senator for making the point so forcefully. It is extremely important now that the Executive is back up and running that our commitments are matched. The Irish Government has not been found wanting in that regard. It is meeting a longstanding commitment in this regard and indeed through other forms of investment on the island for the benefit of everybody. The Irish Government has never been found wanting in its commitment to the restoration of the power-sharing Executive and the operation thereof. That is very clear from the announcement that was made last week. We will continue to work both quietly and publicly on all these matters. It is so important that we have the opportunity to discuss this here today.

The range of funding allocations that were announced last week affirm the Government's commitment to work with the new Executive and the UK Government on cross-Border investments to make the whole island a better place to live. The funding that has been announced for Casement Park is entirely additional to the two main sports capital funding streams that come under the remit of the Department of sport, namely, the sports capital and equipment programme and the large-scale sports infrastructure fund. Senators are very well aware of the details of those and indeed work on many projects in their own constituencies in relation to that. As I mentioned, the allocation that was announced last week in respect of Casement Park was deliberately done to maximise the opportunity of the joint hosting by Ireland and the United Kingdom of the Euro 2028 championship to see matches being played in Northern Ireland, as well as Ireland and Great Britain. I personally think that is hugely important.

Special Educational Needs

The Minister of State is very welcome to the Chamber today to take my Commencement matter. To put it simply, we are looking for extra capacity within the special schools in Longford to cater for kids who have that need. While I welcome the significant investment by Government, particularly over the last number of years through the Department of Education and the roll-out of extra special classes in both the primary and post-primary system within the county, there are still those kids who have a greater need.

We have two general mild learning difficulty classes in one of our post-primary schools, but it is my understanding that the Department is not looking at opening any additional classes in any of the rest of the schools in the county. Such classes are needed by those kids who have particularly severe difficulties and require the support that a special school gives. I know a number of parents who are in that position and are unfortunately being told that there is not capacity for their child to go to a special school. Those kids are in special classes in some of our primary and post-primary schools. They are being well looked after but they need extra care to give them the potential to maximise their potential.

That is my ask. I have spoken with the SENO, who is well aware of the significant number of parents who are in this position. There is a need, and it is incumbent on us to make sure that we cater for that need. We do not need a situation where kids are not able to access the proper educational facilities that they need. I am the Chairman of the joint Oireachtas committee, which had a significant amount of engagement with parents' groups, schools, unions etc. An issue that was raised with us was that a significant number of special schools were not participating in the summer programme, which is needed for parents, families and particularly kids who have the highest need, and need the highest level of support. We have made significant changes in that regard. An increased number of schools took part in the summer of 2023 but not enough. It is my view that all schools, and all special schools, should provide a full four-week programme. That is something we are calling for in the all-party parliamentary group on autism. We want to make sure every school provides that programme. It is important that every child who needs to access that in a school has the capacity to do so. In my own county of Longford, there are kids who are not able to get that support. We need to put in place the required funding and supports to make sure extra places are there for those children and their families.

I thank Senator Carrigy for raising this question and for his work as Chairman of the autism committee. I had the good fortune to be able to work closely with him on that committee. It was a real privilege to be able to be engaged in that work. I thank the Senator for his commitment to it and his work in this area.

To answer his question very directly, as the Senator is aware, six special classes opened in County Longford in the period between September 2023 and this academic year. I am trying to confirm the figures for the previous years. That brings the total number of special classes in Longford to 39, with 25 at primary level and 14 at post-primary level. The Senator is asking me about the special school in Longford, which currently enrols 41 students. It is my understanding that the school was recently refurbished, that there are nine classes there and that there is, therefore, some more capacity than 41. I am told by the Department that the admission policy is open at the moment. I appreciate that there may be constraints with regard to some equipment or the size of some of the equipment but it appears, from the briefing I have had from the Department, that the admission policy is open. Of course, it is very important that this school is available and open to the students who need it, working with the SENO who is able to identify the different needs of the children who may need it. We are aware, from our work on the committee and for other reasons, that children can come in and out of a special school and into a special class in a mainstream school as befits their needs and meets their educational needs most appropriately over time, recognising that children's needs change over time.

I am very glad that the Senator has given me the opportunity to answer this question this morning on the importance of that school in Longford, and to confirm that its admission policy. I am told by the Department of Education that it is in fact open. I know the Department and the NCSE are working closely on forward planning with regard to the special classes for the 2024-25 school year and beyond and, as demand for new special classes at post-primary level is expected to increase, to make sure those post-primary special classes are available.

I am told that the Department has communicated to all post-primary schools on the need to begin planning. This is obviously on the mainstream side as well. I want to highlight for the Senator that the Department has asked post-primary schools to plan and come to it with what is necessary. It is envisaged that all post-primary schools will be required to provide special classes over the next two to four years, with an approximate average of four special classes in each school. That is a significant amount of planning and work. I certainly can see in my own constituency the great expansion in the number of special classes at primary level.

I am very pleased and encouraged to see it is appropriately meeting a need, although there is more to be done. Of course, the work has to continue into post-primary level. I can answer any further questions, if needs be.

I thank the Minister of State for her reply. It is very positive to know that there is capacity. I will be delighted to bring back that news to the parents. I look forward to any further correspondence from the Department regarding when those places will be available for the parents and kids.

I thank Senator Carrigy and commend him on the fantastic work he does in this area, particularly his work as Chair of the autism committee. It has made a fundamental difference in this House. Well done.

Hospital Services

I thank the Minister of State for coming here today. I was informed last night that it was she who would be here. I was very pleased to hear that, not only because she is my local representative, of course, but also because I know her to be a person of absolute intellectual and ethical integrity. I know that the Minister of State will understand the import of the matter I am going to raise here. We may be distracted by, let us say, matters in RTÉ or the cost overruns in the children's hospital, but in the context of the concerns I am raising, these are irrelevant. Here we are talking about young lives. I have raised here before the issue of more than 200 children on waiting lists for spinal surgery in Temple Street and Crumlin hospitals. This has happened on the watch of Children's Health Ireland and its senior executive team and CEO. While those children are being failed, it has also been brought to my attention that children on the urological waiting list are also being failed. When we fail children, adolescents and young adults consistently over time without a meaningful intervention, in my mind it becomes almost a form of institutional abuse.

I want to be specific on the issue of the urological surgical waiting list. In the international medical community, the recommended model of care for children, and young adolescents in particular, on the urological waiting list is called the transitional model of care. It has been in place in the National Health Service in the UK since 2002, for more than 20 years, and in the United States since about 2005. We do not have a transitional urology programme on the watch of CHI. For these children who need surgical interventions approximately every 18 months as they develop from children into young men and women, these interventions are not taking place in Ireland. While there should be an 18-month therapeutic window, the average waiting time for a child in Ireland - these are disabled children, many of whom have cerebral palsy, spina bifida or other conditions - to get a first consultation to be seen by a urologist is an average of 2.5 years followed by a further 2.5 years to get surgery. That is five years. What is happening during those five years? I am sorry to say, many girls need vaginal reconstruction, which is not happening. This has a knock-on effect on their psychosexual development, their sexual development and their fertility. Boys can suffer from erectile dysfunction or have penises that are permanently bent for want of a little surgical intervention on the way. This leads to erectile and ejaculatory dysfunction. These issues lead to an increased risk of cancer. In the case of colorectal cancer, a person who does not have these interventions has a one hundredfold greater chance of contracting colorectal cancer. For bladder cancer the increase is six hundredfold. These interventions are not happening. We have young disabled Irish men and women, children and teenagers who suffer from infertility and incontinence and whose kidney function is affected. They suffer from UTIs. Many of them are wet and have to wear incontinence pads. These are children trying to go through their little development milestones and their urological goals are not being met.

I have no confidence in the executive management team of CHI. When we consider that it is about to oversee the transition of services from Crumlin and Temple Street to the new hospital site, the Government has to intervene and put in place a team of people who are actually competent to do this.

I would appreciate it if the Minister of State could communicate the sheer import of this to her colleagues at Cabinet. The questions “When did you know?” and “When you did know, what did you do about it?” will be asked.

I welcome Liam and Breda O’Connor from Clogheen, County Tipperary, who are guests of our colleague Senator Garret Ahearn. I hope they have a wonderful day in Leinster House. We are dealing with Commencement matters, where people raise issues of concern to them. My mother is from Cahir, so I Clogheen very well. I hope they have a wonderful day and I have no doubt that Senator Ahearn is looking after them.

I thank Senator Clonan for raising this important issue. Senator Clonan knows there is probably no issue closer to my heart than the experience of children in hospital in Ireland and I am glad to have the opportunity to provide the answer I have been given by the Department to the Senator.

First, in respect of the experience of the children, additional needs, whether they be medical, personal, intellectual or whatever they may be, makes growing up much more difficult. That and their dignity throughout the hospital process is paramount. If there are issues that can be resolved reasonably easily – forgive me, I am not a medical person and do not know – one would think the personal hygiene and care that can be made better by surgical intervention of particular importance is. It is an important issue. I understand the mental health and developmental issues that are aligned to the surgical issues as much as anything else. That is why it is so important that the Senator is raising this.

I am told by the Department that Children’s Health Ireland, CHI, has advised that there are 163 types of procedures carried out by its urology team in Crumlin, Temple Street and Tallaght hospitals. They have three full-time urology consultants working on the service supported by a multidisciplinary team, MDT. The onboarding of the third consultant has created additional capacity to allow consultants to attend all spina bifida MDT clinics in Temple Street. Urological procedures are also carried out by general surgical teams.

In the past year, CHI has undertaken work to reduce the number of patients on the waiting lists for hypospadias – forgive me if I pronounced it incorrectly – surgery repairs. A significant number of single-stage and multistage procedures have been converted from inpatient admissions to day care procedures, which makes a big difference. This change in patient care has allowed an increase in the number of those procedures happening throughout the system. Additionally, the HSE has recently approved a fourth urology consultant post, which will allow for the creation of a separate urology call rota from general surgery once the new children’s hospital has opened. I agree with the Senator’s sentiment in respect of cost. When you are the parent of a child in hospital for a very long period, you know exactly how important it is and the care that will be provided to children there will be incredibly important.

On waiting lists, it is important to set this on the record today so that we can compare it with figures in the future. The national treatment purchase fund waiting list figures for January 2024 show there are 1,135 patients on the outpatient urology waiting list in CHI. Of those, 55% are waiting six months or less and 87% are waiting 12 months or less. I am told the waiting list has decreased by 6% when compared with the same period last year.

Regarding inpatient and day case procedures, the January 2024 figures show there are 476 patients waiting for a urology procedure at CHI. Of those, 40% are waiting six months or less and 74% are waiting 12 months or less. The inpatient and day case waiting list has increased by 23% when compared with the same period last year and there has been a decrease of 5% so far this year. Forgive me as I am not sure exactly how that works. The figures also show a decrease of 5% since December 2023 in the numbers waiting outside the 12-week target.

I am informed that the Minister accepts that acute hospital waiting lists are too long and that many patients are waiting unacceptably long time. He is aware of the impact that can have on children and families, so he has adopted a multi-annual approach through a series of waiting list action plans. Those 2023 plans built on the foundational work in previous plans. We are seeing significant reductions in some waiting lists but not all waiting lists. In some waiting lists, there are considerable improvements. From my own constituency, I know that some waiting lists have improved considerably. The overall waiting list reduction was achieved in 2023 despite 8% more patients being added to our waiting lists than was projected last year. Obviously, there is significant additional work to be done in 2024.

Perhaps the Senator has more details that I can pass to the Minister.

I appreciate the sincerity of the Minister of State’s response. I know she and I are on the same page when it comes to our concern with children and citizens with additional needs.

I have deep concerns about the surgical qualifications of these people carrying out urological procedures. Many are general paediatric surgeons with no specialisation in urology which is not consistent with international best practice. Some of them are not on the urological surgery register. We should not have surgeons intervening in that way.

We are in breach, on Children's Health Ireland's watch, of Article 25 of the UN Convention on the Rights of Persons with Disabilities which provides that disabled citizens have a right to enjoy good health, development and so on. I have written to the Chair of the Joint Committee on Disability Matters. I want Bernard Gloster, CEO of the HSE; the chief clinical officer, Colm Henry; and the CEO of CHI to come in and explain themselves because this is not one list; it is another list. It is evidence of a lack of proper governance, oversight and management. At this very sensitive moment, when we are transferring all the care and closing down two hospitals and going into a new environment, there is a serious risk that children will suffer needlessly life-limiting and life-altering outcomes that are avoidable. We need a different management team in place.

Perhaps I will not comment on the capacity of the surgeons or indeed the current management team. I will say that in my experience, the longer I am a public representative and engage with the hospital system, the more I know about the value of management processes in delivering for patients, for example in the reduction of some waiting lists. Although some hospitals do not seem to have difficulties with emergency departments, others have very considerable difficulties. The different management processes in healthcare management are extremely important. I know from speaking to constituents that if you are the parent of a child with multidisciplinary teams, by necessity the management of all that is extremely difficult for parents. Something that could easily be adopted by hospital management is to always think of things from the patients' perspective and the patients' experience rather than from the perspective of the convenience of the hospital. This is a mindset shift that could be made by hospitals in Ireland and adopted by the State more broadly. It involves really thinking about things from the perspective of the patient and their convenience, the difficulties they go through and how appointments are scheduled. I have always thought particularly of parents coming with children from very long distances and the inconvenience of having an appointment on a Tuesday and a Thursday when perhaps they could easily be brought together. These are management questions and the Senator is right to highlight management issues. We can always do better in this. The management of waiting lists is something we will pay particular regard to.

I thank the Minister of State and I thank Senator Clonan for his constant advocacy on these extremely important issues.

Before the next Commencement Matter, I welcome our guests in the Distinguished Visitors' Gallery from the Irish Wheelchair Association. They are very welcome to Leinster House today. They are guests of Senator Hackett. I hope they have a very enjoyable and informative day.

Medical Aids and Appliances

Last week, I raised concerns related to HSE-funded post-mastectomy products in the House. I am really glad that the Minister, Deputy Donnelly, showed real leadership and intervened as he recognised that the threshold of support provided under those new procedures may lead to some women receiving less support than before. He asked the HSE to amend the procedures to ensure that no woman who is currently availing of the scheme or who might access it in the future would be at a financial loss as a result of the changes. It was very welcome to see him use his influence to further support women's healthcare here.

Somewhat similarly, I have been contacted by some local hair, scalp and wig specialists from my own area in south Kildare. The first lady contacted me to express her concern about changes in the terms of the provision of scalp and wig therapy funding through the HSE. She was concerned that proposed changes to the funding stream for hair therapy pieces would negatively affect those suffering from alopecia. I looked at this and no more than the post-mastectomy support, there seems to be a postcode lottery for what women would receive. For example, in Kildare, they would receive €750 worth of scalp therapy, wigs, etc. In Cork, it is €450 and in Kilkenny it is €550.

Obviously, it is important that we standardise the amount right across the country. It should not be a postcode lottery, no more than with the post-mastectomy pieces.

I should add that this should be limited to those who have specific training in that, because, unfortunately, hair loss is not part of hairdresser training. It is important that there would be specialist training that would be recognised in relation to this.

From my conversations with Aileen, I am informed that a HSE funding stream was available for the provision and funding of hair, scalp and wig therapy for those suffering from alopecia as well as those suffering from hair loss because of cancer but that proposed changes that were due to come into effect on or after 4 March 2024 will remove this entitlement. I sought clarity from the HSE. They came back to me and stated that the introduction of a national standard with an increase in the allowance for the majority of areas in the country along with the ending of the inequities that previously existed is welcomed by service user support group, the Irish Cancer Society and healthcare professionals working in the area, and that eligibility is expanded, procedures are simplified and service users provided with great choice. That is excellent. I have no issue with that and we all would welcome it, but it does not clarify for me or for any of us the situation in terms of those with alopecia which is why I am raising this in the Chamber today.

Losing one's hair, whether as a result of cancer treatment or due to conditions such as alopecia, is very traumatic. It can have a hugely negative impact on people's self-confidence and esteem, especially for women. Our hair is inextricably linked to our sense of self and our identity and many women would choose not to leave their home than go out without an adequate wig or hairpiece, if they are suffering hair loss.

Alopecia is a medical condition and it is often the result of an autoimmune condition. I really would appreciate some clarity from the Minister of State.

On behalf of the Minister for Health, I thank Senator O'Loughlin for raising the matter. I hope I can provide some clarity, although I am not sure if I can provide all the Senator seeks. I will try to come back to the Senator on anything that I cannot clarify.

The Health Service Executive provides an extensive range of aids and appliances to individuals living with different medical conditions to help them enjoy a greater quality of life than may otherwise be the case. Many of those products are provided under the community funded schemes.

At the outset, it is important that I say that the new proposed procedure in respect of hair loss was for cancer provision only and had no impact on non-cancer related alopecia patients.

As part of the HSE's improvement programme for the community funded schemes, a HSE national advisory group had examined the provision of an allowance for cancer treatment related hair loss. The HSE had recently published a new national procedure for the provision of an allowance for cancer treatment related hair loss. The HSE advises that the aim of that new procedure is to improve access and ensure patients with cancer treatment related hair loss who like wigs, hairpieces or other hair loss solutions receive a standardised allowance no matter where they live, precisely as the Senator has said.

The HSE has advised that awareness of a significant variation in the practice of funding hair loss allowances across the HSE means that a standardised approach should be implemented, as the Senator has already stated she agrees with.

The level of the allowance provided for in the proposed new standard operating procedure was set at €600. The procedure and the allowance level allocated were to be subject to periodic review.

Upon learning of the proposed changes, the Minister instructed the HSE to ensure that no patient, either currently availing of the scheme or accessing it in the future, would be at any financial loss as a result of the proposed changes. The HSE has since communicated to each CHO advising it to revert to the pre-existing level of contributions to patients in respect of hair loss until such time as the new procedures can be reviewed in terms of the proposed allowances to be provided in the interim until it is all dealt with and sorted out.

CHOs were also instructed to contact any member of the public who received an email or communication advising him or her of the new procedure to inform him or her that it has been withdrawn. This communication also reiterated that no person should be disadvantaged in any way in the intervening period.

The Minister for Health welcomes this clarification to all CHOs. The Minister also wants to ensure that the necessary supports are put in place so that every person has the same level of access to appropriate healthcare no matter where they live in Ireland.

I am not sure if that answer addresses the alopecia question precisely, but it is important that Senator O'Loughlin has raised this issue as it perhaps provides some clarity in respect of confusion on the cancer-related piece.

I thank the Minister of State. In her reply, she stated it was important to note "that the new proposed procedure in respect of hair loss was for cancer provision only and had no impact on non-cancer related alopecia patients". I take from that that those suffering from alopecia will still be entitled to the same allowance as before. That is bringing clarity and I thank the Minister of State for that.

On the standardised allowance, we both agree that absolutely is where we want to be. I appreciate the Minister has instructed the HSE to press pause until there is further clarity on it. I honestly feel that, in terms of the sentence from the speech I have just reiterated, it is clear there may be proposed changes for cancer payment in terms of standardisation but that there will be no change for those suffering from alopecia. That is exactly what I want to hear and I thank the Minister of State for that.

That is also my reading of it, but I am at 96% and I like to be at 102%. That is my gap but that is also my read of that reply. I would like the opportunity, however, to go back to the Department, to clarify for the Senator so that we can get to 102%.

I appreciate the efforts of the Minister of State.

Building Regulations

We await now the arrival of the Minister of State, Deputy Noonan. I also apologise to Senator Boylan about the running order of these Commencement matters. Her matter is fifth in this list also but clearly there was a breakdown in communications somewhere along the line.

Go raibh maith agat, agus fáiltím roimh an Aire Stáit.

As the Minister of State will know, construction on the built environment accounts for 37% of Ireland's carbon emissions, and 14% of that is the embodied carbon emissions. Current analysis is showing we are not on target to reach our emissions reductions in this particular area. The Climate Change Advisory Council has expressed concern at the failure of the Department of housing to act on this particular target reduction.

Tackling the embodied carbon in building is one of those areas where is not seen as being as divisive as perhaps some of the other areas where we are trying to bring down our emissions, such as agriculture and transport. This is in some senses the low-hanging fruit. The Irish Green Building Council has launched a roadmap that is supported by 180 organisations and, as far as I am aware, has cross-political support as. That roadmap acknowledges that while retrofitting will decrease emissions from operating buildings, the new construction that is set out in the national development plan and the Housing for All strategy will negate these savings unless we tackle the embodied carbon in construction. New buildings need to mitigate the embodied carbon and cannot just be focused on energy efficiency. We know all new homes now must be highly energy efficient, thanks to EU directives, but we need to decarbonise the construction process itself.

Another good news story is that this technology is not off-in-the-distance technology like carbon capture. This technology is already here. It is timber-based construction and new building technologies. As Marie Donnelly of the Climate Change Advisory Council said on "Drivetime", Scotland, a country with a similar climate and population to ourselves, is leading the way in timber-built housing and new building technology. There is no reason Ireland cannot be doing the same. It just requires the political will.

Currently, you cannot build any residential property higher than 10 m from a timber-based product. If the building is duplex, the ground floor must be concrete or brick. This is, in effect, a ban on timber-based building technologies. Currently, Part B of the building regulations, dealing with fire safety, is under review as the Minister of State knows. This is the perfect opportunity to address this issue. Changing Part B of the building regulations can be done to both allow timber-based construction but also to ensure that construction is completely compliant with fire safety standards.

That can include measures such as concrete stairwells and sprinkler systems in all apartments and mid-rise developments with fire escapes. If we do not do this, it will be virtually impossible for us to reach our 2030 targets in the built environment. We know that currently, 80% of Irish timber is exported to other countries. In Ireland, only 48% of all new scheme homes are timber framed but they cannot be used in mid-rise developments. This is also the type of construction we are trying to promote because it increases the density and creates sustainable communities. This is a win-win scenario all round. The question for the Minister of State, therefore, is whether the Government will amend Part B of the building regulations to allow for timber-based construction.

I thank Senator Boylan for raising the issue and providing me with the opportunity to update the Seanad on the steps my colleague, the Minister, Deputy Darragh O’Brien, is taking with regard to this important matter.

The building regulations set out minimum standards for the design and construction of buildings and works to ensure the health and safety of people in and around such buildings. In general, the building regulations apply to the construction of new buildings and to extensions and material alterations to buildings. In addition, certain parts of the regulations apply to existing buildings where a material change to use takes place. All new dwellings must comply with building regulations and all key elements must have a durability of 60 years. The minimum performance requirements that a building must achieve are set out in 12 parts, classified as parts A to M, in the second schedule to the building regulations. They are expressed in terms of functional requirements and are performance based.

My Department publishes technical guidance documents to accompany each part of the building regulations indicating how the requirements of that part can be achieved in practice for common non-complex buildings. Adherence to the approach outlined in the technical guidance documents is regarded, prima facie, as evidence of compliance with the requirements of the relevant building regulations. The adoption of an approach other than that outlined in the guidance is not precluded provided that the relevant requirements of the regulations are complied with.

The building regulations are under ongoing review in the interests of safety and the well-being of persons in the built environment. My Department is currently concluding a review of Part B of the building regulations dealing with fire safety. The amendments will set out requirements for the design and construction of buildings to achieve a reasonable level of fire safety. While technical guidance document B generally limits the use of combustible construction timber in compartment floors for buildings with a topmost floor height of more than 10 m, the building regulations themselves do not prohibit the use of timber above this height provided compliance can be demonstrated and achieved. For new innovative products or systems not covered by existing standards, compliance with the building regulations can be demonstrated by third-party certification by an independent approval body, such as the National Standards Authority of Ireland.

It is critical to ensure that products, systems and, ultimately, buildings that are comprised of such products and systems are designed, constructed and certified as fit for purpose, having regard to their intended end use. Manufacturers of timber-frame buildings are assessed under an approval scheme operated by the NSAI for compliance with the Irish standard on timber frame construction, IS 440. This standard provides details on responsibilities, materials, design, manufacture, construction details, site work and services. My Department does not have an approval function and does not approve or endorse products for compliance with the building regulations or standards.

The Government's Housing for All action plan update articulates a critical need to enable a continuous and accelerated flow of compliant and high-quality innovations in construction, including modern methods of construction. This is to ensure delivery of Housing for All targets and the ongoing transformation of the construction sector. It also facilitates efforts to reduce the embodied carbon and life cycle environmental impacts of construction. Officials from this Department are members of the timber in construction working group, which was recently established by the Minister of State, Senator Hackett, and facilitated by the Department of Agriculture, Food and the Marine. The scope of this group includes a review of industry capacity, technical research and guidance and the regulatory environment to support the development of mass timber construction in Ireland. The working group is a forum for the Government and industry to work collaboratively to increase the use of timber in construction, while ensuring the highest degree of building safety and property protection.

In addition, my Department is working hard to implement impactful measures for the decarbonisation of embodied carbon in construction materials. Reduction of these emissions will be driven at EU level by an updated and strengthened energy performance of buildings directive and construction products regulation.

This EU legislation will create a harmonised framework to assess and communicate the environmental and climate performance of construction products in the EU Single Market. In accordance with the climate action plan, my Department is engaging with the SEAI to put in place embodied carbon methodology for new buildings from the end of 2025. In accordance with the draft energy performance of buildings directive, this declaration of global warming potential will be included in the building energy rating certificate.

I thank the Minister of State for his response. We know that we do not have an awful lot of time to waste in terms of reaching our emissions targets. If we are waiting for the EU, through the energy performance of buildings directive and construction products regulation, by the time that is actually agreed and transposed into Irish legislation we will have probably already missed our 2030 targets. What we want to see is an urgency from the Department. We did not get that when it appeared before the Oireachtas climate committee. The Department certainly did not seem to think it was urgent. One of the things we are calling for is that the State lead by example. There clearly is a cultural bias in industry towards steel and concrete but if the State is using its public procurement methods to encourage the use of timber-based and new building technolgies for any public buildings or public housing, that is how we will set out very clearly to the sector that this is the direction of travel. I urge that we cannot wait for the EU to have agreement on this. We need to act now to stay within our 2030 targets.

Certainly, we are not waiting for the EU. It is worth reiterating that the building regulations are performance-based and technology and material neutral. These regulations are subject to ongoing review in the interests of the safety and well-being of persons in the built environment and to ensure due regard is taken of changes in construction techniques, technological progress and innovation. With regard to the current review of Part B of the building regulations dealing with fire safety, it is expected the revised regulations will be signed this quarter and the associated technical guidance document B, the regulatory impact analysis, will be published at the same time. I, along with the Minister, Deputy Darragh O'Brien look forward to seeing the output of the timber construction working group on the review of the challenges to the use of timber for construction in Ireland. The Minister, Deputy Darragh O'Brien, is supportive of the work of the group and of the development of standards and guidance to support demonstration of compliance with timber construction in building regulations. Compliance with high standards including compliance with all parts of the building regulations will continue to be central to the success of modern methods of construction in Ireland. Very significant debate took place on this at the select committee's deliberation on the Planning and Development Bill. I do think we are moving in the right direction and in our Department and across Government we want to ensure we decarbonise our construction and the building sector entirely.

Departmental Schemes

I thank the Minister of State for coming to the House to discuss this all-important topic. My question is to do with the tenant in situ scheme and how long it takes for the AHBs to complete sales. I have been dealing with a number of people who are trying to avail of the tenant in situ scheme. One particular person who comes to mind - and this relates to Limerick City and County Council - applied in April 2023. They informed the council that they were being put out of their home because the lady who owned the property died. The house was tied up in probate and the family of the person who died was selling the house. The council handed the case over to one of the housing agencies. We are now heading into March 2024 and it still has not been completed. Yet this lady has lived in the house for the past 15 years. They have been living in the house for a long time and now find they are at risk of being put out.

The lady who is responsible for selling the property on behalf of the family has an agency working on her behalf and it cannot get in touch with or get a response from the housing agencies. The tenant's family is very vulnerable and she has a son who is doing the leaving certificate and is very upset at the fact they do not know whether they will have a roof over their heads.

I have one or two questions. Have many people been approved for this scheme? I know that when she was approved originally this lady was informed that she was one of the first in Ireland to be approved. How long does the general turnaround of the scheme take? Is there a phone number in the Department or a person who could be allocated in the Department that when a person finds themselves in this situation they have a point of contact?

There seems to be no communication between the Housing Agency and the Department in respect of this case.

I thank the Senator for raising this important issue. The case study she has presented is obviously challenging for the family involved. A key priority for the Government is that everybody should have access to sustainable and good quality housing to purchase or rent at an affordable price, built to a high standard and located close to essential services, offering a high quality of life. The Government plans to increase the supply of housing to an average of 33,000 units per year over the next decade. This includes the delivery of 90,000 social homes, 36,000 affordable purchase and 18,000 cost rental homes by 2030. Housing for All is supported by an investment package of more than €4 billion per annum.

For 2023, the Government has agreed to an increased provision for social housing acquisitions and my Department provided funding for local authorities and, in certain cases, approved housing bodies, AHBs, to acquire at least 1,500 social homes. The additional acquisitions have focused primarily on properties where a tenant is in receipt of social housing supports and has received a notice of termination due to the landlord’s intention to sell the property. For 2024, the Government has again agreed to an increased provision to acquire 1,500 social homes. Acquisitions must be within acquisition cost guidelines issued by my Department. These guidelines are reviewed and updated as appropriate by my Department, usually on an annual basis. An independent valuation must also be obtained for each acquisition, in line with established practice for social housing acquisitions.

The capital assistance scheme, CAS, is one of the main sources within the Department's Vote to provide funding to AHBs for the construction and acquisition of homes for priority categories. While activity under the CAS programme is strong overall, a particular area seeing strong CAS-AHB activity is the response to homelessness and the prevention of same, with tenant in situ acquisitions ramping up significantly.

My Department does not hold data on the specific timelines for individual acquisitions by AHBs. The time required to complete a social housing acquisition can vary, depending on the circumstances involved. In the case referred to by the Senator, the process has been unduly long for the family concerned. Individual property purchases can be delayed for various reasons, such as the owner not having full legal title, various planning issues, outstanding property taxes, general contractual conditions of sale not being in place and so on. As the process is also reliant on timely progress from the vendor’s legal and sales agents, timeframes vary from purchase to purchase.

Local authorities take appropriate steps to ensure that their first response will be to support households to try to prevent homelessness in cases where tenants have been served with a notice of termination by their landlord. When a local authority decides the appropriate course of action is to acquire a property via an approved housing body, my Department will support these acquisitions. The tenant in situ acquisitions programme has proven to be a very successful measure to prevent homelessness where a tenant receives a notice of termination and is making a significant impact in providing secure long-term tenancies.

I will address the issue further in my supplementary response. The case she has outlined involves a significant challenge for the family. There is no doubt the process can be stressful, particularly for young family members. I do not have the numbers to hand in terms of those approved. I can certainly get a county-by-county breakdown. We have that information in the Department. As I stated, there are various issues that may cause turnaround on the scheme to be held up. I again recognise that in this case it seems the family has had a very lengthy wait.

I thank the Minister of State. I welcome the increased funding, the increased number of houses being built and the work of the AHBs, but in the case to which I refer there are no issues relating to the house, planning or legal rights. It was tied up in the fair deal nursing home scheme. The issue is that the lady who is selling the house is now talking about pulling out of the deal as it has been going on for so long. Obviously, she wants to get probate sorted out and her relative's affairs in order. The family in the house is now left in limbo. They are being told that if the problem is not solved soon, the house will be placed on the private market. Is there anybody to whom these people can reach out?

There needs to be somebody put in charge to liaise with people in this situation.

Certainly I will take this back to the Minister, Deputy Darragh O'Brien. I will speak to him personally about it. If all parties are in agreement, it is important to engage proactively on the ground with the AHB and the Housing Agency to try to get this matter resolved as quickly as possible. On the suggestion about having a person allocated, I am not sure about that but certainly I can find out. Obviously, there is a team dealing with it in our Department. The idea of a dedicated person as a point of contact is a good one and something I can certainly take back as a suggestion. I do hope that the matter is resolved for all parties as soon as possible.

I thank the Minister of State for his time in the Seanad this afternoon. It is much appreciated.

Cuireadh an Seanad ar fionraí ar 2.01 p.m. agus cuireadh tús leis arís ar 2.30 p.m.
Sitting suspended at 2.01 p.m. and resumed at 2.30 p.m.
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