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Dáil Éireann díospóireacht -
Thursday, 21 Oct 2004

Vol. 590 No. 6

Adjournment Debate.

Mobile Telephony.

I thank the Leas-Cheann Comhairle for affording me the opportunity to raise an issue which came to light in recent days regarding a promise made by the Taoiseach last June, a sensitive time for Members on the opposite side of the House. The issue concerns the indication that all mobile telephones would be subject to registration and in particular to ensure that prepaid mobile telephones were included in this. This was to ensure that such networks were not used to encourage child pornography or to send unwarranted, unwanted or offensive images using such telephones. I was disappointed in recent days when the Minister, or somebody on his behalf, indicated that the Government proposed to renege on this promise and that it had been decided not to go ahead with registration.

Approximately 85% of all mobile telephones are registered but the other 15% are not. Information from the trade suggests that because there is no identity card system in Ireland and because sufficient information would not be available to ensure the authenticity or traceability of the registration, it cannot proceed. However, that was not the view of the Taoiseach when he indicated in June last that it was desirable to combat child pornography and the abuse of children through the transmission of images to various countries in a demeaning, illegal, dangerous and thoroughly offensive way.

The Minister should reassure the public in regard to the undertaking given by the Taoiseach on the registration of all mobile telephones. If 85% can be registered, there is no reason the remaining 15% cannot be. The issue involved, that of combating child pornography, is sufficiently important to convince the industry to deal with the situation and to comply with registration in whatever way it can. I hope the Minister will tell the House this is likely to be the case. I do not accept it cannot be done. It can and must be done. With the advent of 3G telephone systems, this will become even more important.

I thank the Deputy for raising the matter and for the opportunity to clarify the situation. I understand the concern of the Deputy and many others in this regard. However, in addition to measures I may put in place, legislation already exists to tackle this problem and will apply to the latest mobile phone technology, including 3G services. It is an offence under section 13 of the Post Office (Amendment) Act 1951, as amended by the Postal and Telecommunications Services Act 1983, to send by phone any message or other matter which is grossly offensive, or of an indecent, obscene or menacing character. It is also an offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to harass a person by use of a telephone.

Anyone who has information in regard to such matters should bring it immediately to the attention of the Garda Síochána for criminal investigation because such offences are not the responsibility of ComReg. The Minister for Justice, Equality and Law Reform is responsible for policy in regard to the protection of children from the transmission of pornographic images by phones and other media. The Government, in consultation with ComReg and other interested parties, and the industry are taking every necessary precaution to guarantee maximum safety and enjoyment of new technologies by all consumers. Officials in my Department have had discussions with the Irish Cellular Industry Association, ICIA, which represents mobile telephone operators and manufacturers, and ComReg on the feasibility of introducing a registration system for pre-paid mobile telephone services. The principal aim of any such approach would be to enhance the traceability of origin of inappropriate content transmitted to vulnerable users. Consideration of the legal and technical issues surrounding this proposal will continue in consultation with all the interested parties.

Post-paid customers are billed by their operators and therefore their contact details are already known. That is the 15% to which the Deputy referred. The introduction of a registration system for pre-paid mobile telephone services will provide a robust protective mechanism whereby the perpetrator of a contravention of the legislation to which I have referred is traceable to a register.

While fully supportive of the principle of protecting vulnerable users, the ICIA has indicated its preference for an alternative mechanism to deal with this problem and has agreed to revert to officials in my Department in this regard. I remain convinced of the merits of introducing a registration system and I would be willing to consider any such proposal only if it could be guaranteed to provide an equally robust solution.

In addition, the ICIA has voluntarily undertaken a series of measures to enhance the protection of minors, of which it keeps me abreast. These include the development of content-filtering software and the establishment of an industry code of practice and a parental guide. The code of practice establishes the standards that mobile telephone operators will adhere to on the issues of parental controls for minors' access to mobile telephone services, malicious or offensive person to person communications, unsolicited commercial communications or spam, as it is known, Internet access, and premium rate services. The parental guide advises parents on gaining dual control of their child's mobile telephone, recommends action that may be taken to prevent, or best protect their child from abuse of available services and details existing legislative protection.

I fully support any such voluntary measures by the industry that seek to protect consumers, especially the young and vulnerable, and the industry has assured me that protection of young and vulnerable users is a mutual priority. The situation remains as outlined during the summer. Unless and until the industry comes up with something that we are satisfied would be effective, it is our intention to introduce the registration system.

The next matter is in the name of Deputy Dan Neville. I understand the reply to this is not available at the moment. Does the Deputy wish to proceed or wait to see whether the reply arrives?

I will wait.

Deputy Sargent may put his matter.

I am dealing with the education matter being raised by Deputy Mulcahy.

This is most unsatisfactory. I call Deputy Mulcahy.

Schools Refurbishment.

I thank the Chair for giving me the opportunity to raise this motion on the Adjournment. I also thank the Minister for coming to the Chamber to reply to this debate.

The motion relates to the need for the Minister for Education and Science to make funding available for new windows at Our Lady of Good Counsel primary schools, Mourne Road, Drimnagh, Dublin 12, comprising an infants' school, a boys' senior school and a girls' senior school which cater for some 620 pupils, given that the windows in these schools are in an extremely dilapidated and dangerous condition and need urgent replacing. This is a series of four schools. There is also a secondary school on the same premises. My concern is with the three primary schools which are on the same campus. Mourne Road school in Drimnagh is a famous school and a very fine building. It was built at the same time as the Drimnagh estate in the 1940s and 1950s. Many famous people have graduated from the school and have gone on to have successful careers, and the school plays a vital part in the community.

There is an essential need for the total replacement of the windows in the school. The windows in question were inserted in 1943. An application was made recently to the Department. In 2000 the Department of Education and Science commissioned and funded a surveyor's report on the state of the windows at a cost of approximately €30,000. The report concluded that the windows were defective and warranted immediate replacement. The conclusions of the report were accepted by the Department and the project was advanced to tender stage. However, the project was put on hold in early 2001 owing to financial constraints.

I accept that there are not unlimited resources. I also acknowledge that last year a significant increase in funding of this type was available under the summer works programme. I understand that last year there was a sum of approximately €31 million for this programme. In that context €900,000 is a lot of money. However, three schools are involved and I understand that they would be prepared to phase the project over two years. Effectively each school would need an allocation of approximately €150,000 per school per summer.

I speak for all my colleagues from Dublin South-Central on this. Recently there was an on-site meeting with the parents' council at which we inspected the state of the windows. They are in a shocking state of disrepair. They are old steel windows and are decrepit. The wooden frames around the windows are rotten and there are unsightly steel grids at ground floor level. Last year, there was a significant increase in Government funding for the primary school building programme. I understand that many other schools are applying under this programme, but given the size of this school, which caters for 620 pupils, and the urgent need for new windows, will the Minister give special consideration to the three Mourne Road primary schools?

I thank Deputy Mulcahy for raising this issue in the House. He has already raised with me separately, as have his colleagues, the importance of this project in this school. Mourne Road school is well-known. There are three schools on one campus. The Deputy very kindly outlined the money that had been spent in recent years on projects and these three schools alone received more than €1 million for a variety of projects.

The Deputy referred to a figure of €150,000 per school for three years. That amounts to €1.3 million which, if one says it quickly, might not sound like too much. However, it is a substantial amount of money to be included in the school building programme.

The works now referred to by the Deputy could be considered under the summer works scheme. However, the amount of money being sought is substantial and might more appropriately be provided under the general building improvement scheme and the major capital programmes. However, given that there is a substantial amount of money available under the summer works scheme, I suggest that the schools should apply for that this year. This year, 292 primary schools and 150 post-primary schools will benefit under that scheme which has been of great benefit to schools. Even though they were unsuccessful in the past, they could apply again now. Applications must be in by 5 November and will be closely examined.

The option to be included in the building programme is also open. It will be considered in both contexts. If the school encounters any difficulties with the applications for the summer works scheme, a dedicated freephone service is in operation to assist the process. My Department will be happy to work with Deputy Mulcahy, the school and public representatives to progress their application.

Mental Hospitals Report.

I welcome the opportunity to raise this issue on the Adjournment. The report of the inspector of mental hospitals for the year ending 31 December 2003 highlights the Government's lack of attention and interest in the psychiatric services. The report is distressing reading and is a catalogue of failure on the part of the Minister for Health and Children to deal with issues raised over the years by the inspectorate.

The inspector expressed his concerns over the contrasting conditions between private and public accommodation. He pointed to the sharp contrast between private hospitals and, for example, the Victorian realities of ward one at St. Brigid's Hospital, Ballinasloe. He stated that the contrast between the new admission ward at St. Patrick's Hospital and the acute admission ward in St. Brendan's Hospital a few yards across the River Liffey could hardly have been more striking and highlighted current inequalities in the provisions for different social groups. The inspector highlighted the reduction in non-capital funding for psychiatric services from 13% in 1988 to under 7% in 2003. He also contrasted this with 1960-61 when 21.8% of the total health budget was allocated to the psychiatric services.

This outlines the failure of the health service to apply the moneys which were made available from the reduction of numbers in psychiatric hospitals to community psychiatric services and the absorption of budgets previously applied to the health services into the Government coffers for other uses. This is one of the biggest scandals with regard to the apportioning of moneys over the years. I would be grateful if the Minister were to address the inspector's views regarding the unacceptable care and treatment of patients because of unsatisfactory conditions in the following hospitals: most of the Central Mental Hospital, St. Brendan's Hospital, the old buildings at St. Brigid's Hospital, Ballinasloe, long stay wards in St. Finnan's Hospital, Killarney, St. Enda's and the current female admission ward in St. Loman's, Mullingar, the admission wards of St. Ita's Hospital, Portrane, the female admission ward to St. Senan's Hospital, Enniscorthy, Vergemount Clinic, Dublin, consulting care wards in St. Luke's Hospital, Clonmel, and wards in St. Joseph's Hospital, Limerick. The failure to provide safe observation facilities at St. James's Hospital, Dublin, and Limerick Regional Hospital was recently raised. An independent study recently found that this was linked to the death of a student by suicide in 2002.

The inspector raised the stopgap arrangements put in place in St. Loman's Hospital, Mullingar, with the refurbishment at considerable cost of the admission unit when the appropriate response would have been to provide the admission unit in Mullingar General Hospital. The inspectorate was struck by how little rehabilitation took place in community residence and how management was orientated towards continuing rather than decreasing dependency.

Each year the issue of the intellectually disabled in psychiatric hospitals arises. The inspector pointed out that intellectually disabled persons still remain in St. Senan's Hospital, Enniscorthy, St. Luke's Hospital, Clonmel, and St. Brigid's Hospital, Ballinasloe. In some cases such persons were mixed indiscriminately with functionally psychotic patients, some newly admitted. The virtual absence of inpatient residential places for children and adolescents is a serious national shortcoming. The consequences are serious not alone for the services, but they also impinge on adult services as in the case of the acute general adult unit in Limerick Regional Hospital.

In 2003, 19 sudden or unexplained deaths of inpatients occurred in hospital premises or while on leave. All were reported to the coroner and were the subject of post mortems. Of the 19 deaths, 15 were deemed on clinical grounds to be suicide or suspected suicide, eight were males on leave, four without permission and one on accompanied leave visiting an external hospital. Three inpatients died from causes that may have been drug related. One of these was associated with gastrointestinal effects from one of the newly atypical anti-psychotic drugs and the remaining two from sudden cardiac deaths, deemed by the pathologist to have been from cardiac arrhythmia, possibly related to current medication.

The inspectorate was of the view that the use of closed circuit television to monitor patients was a serious invasion of personal privacy and dignity. Will the Minister reflect on this issue as it highlights the difference in approach to those in hospital from general medical conditions and those in hospital from a psychiatric condition? On a number of the inspector's visits patients were observed sitting in lounges or in dormitory areas with little activity. When interviewed they often complained of being bored, especially at weekends when there was nothing to do except smoke and watch television. This should not be allowed to happen in 2004.

I am replying on behalf of the Tánaiste and Minister for Health and Children. I thank Deputy Neville for raising this matter on the Adjournment. I know of his deep interest in the mental hospital and health services. The report of the inspector of mental hospitals for the year ending 31 December 2003 was laid before both Houses of the Oireachtas in accordance with legislation. I welcome the publication of the report and acknowledge the important role the inspector has played in providing an accurate and detailed account of services in the mental health sector.

The Minister of State at the Department of Health and Children with special responsibility for mental health services, Deputy Tim O'Malley, recently met the inspector to discuss his report and to elicit his views about the areas of the mental health services that have improved and those that require further improvement. While the inspector acknowledged the significant progress that has been made in the provision of acute units in general hospitals, community mental health centres, day hospitals and community residential facilities for persons with mental health disorders, he stressed that the rate of progress needs to accelerate.

In his 2003 report, the inspector of mental hospitals noted the continuing decline in the number of patients in psychiatric inpatient facilities, from 3,966 at the end of 2002 to 3,701 at the end of 2003. There were 23,234 admissions to these facilities in 2003. The number of involuntary admissions at 2,349 remained constant at approximately 10%.

The inspector welcomed the ongoing replacement of old institutional mental hospitals with acute psychiatric units attached to general hospitals. During 2003, two new acute psychiatric units opened at St. Luke's General Hospital, Kilkenny, and at Mayo General Hospital, Castlebar. This year a new 50 bed acute psychiatric unit opened at the Midland Regional Hospital, Portlaoise. Additional funding was recently allocated to facilitate a new 56 bed acute psychiatric unit at James Connolly Memorial Hospital in Blanchardstown. It is expected that this unit will open shortly.

The inspector referred to the changing models of service delivery, indicating that only a small number of services have evolved towards an up-to-date model of out-reach and home-based care provision with the majority still operating from community models. It is clear, however, that hospitalised prevalence of serious psychiatric illness has declined greatly in recent years. Patients are increasingly being cared for in settings other than inpatient care with less disruption to their daily lives.

The inspector noted other developments in 2003, in particular, the establishment of the expert group on mental health policy in August 2003. The group is preparing a new national policy framework for mental health services. It is widely acknowledged that a new policy framework is needed to take account of recent legislative reform, innovative developments in the care and treatment of mental illness and the views of those who use the services, as well as those who work within them. It is envisaged that the expert group will examine, inter alia, models of care, the respective roles of medication and complementary therapies, measures to reduce stigma and psychiatric services for specialised groups such as the homeless, prisoners, children and adolescents and those attending learning disability services. The group has undertaken an extensive consultation process with interested parties and is expected to report in 2005.

Deputy Neville has touched on a number of individual locations.

They are in the report.

He should speak to my colleague, the Minister of State, Deputy Tim O'Malley, who has met the inspector to see what progress can be made on those specific cases.

This is the final report of the inspector of mental hospitals. The Office of the Inspector of Mental Hospitals has now been replaced by that of the Inspector of Mental Health Services who is employed by the Mental Health Commission. I know those of us who are familiar with the work of Dr. Dermot Walsh, and his colleagues, Dr. Liam Hanniffy and Mr. Michael Hughes, would like to join in a tribute to them for their tireless efforts to improve standards and conditions in the country's psychiatric services. They have done Trojan work in the inspection of mental health services in recent years and their excellent reports have had significant influence on the development of our mental health services. It is the intention to facilitate the service providers in bringing about the improvements and developments identified by the inspector as quickly as possible.

I wish to be associated with the tributes to Dr. Dermot Walsh, and his colleagues, Dr. Liam Hanniffy and Mr. Michael Hughes.

Rail Services.

Cé a bheidh ag freagairt na ceiste?

Beidh an tAire Stáit sa Roinn Sláinte agus Leanaí ag freagairt ceiste faoin gcóras taistil. The Minister of State, Deputy Callely, is now answering on behalf of the Minister for Transport, Deputy Cullen.

I am in that Department.

That is fine. We have a multi-skilled Minister of State present who will, I hope, be able to speak ex cathedra.

The Deputy should proceed. His time is being used up.

Ba mhaith liom buíochas a ghabháil leis an Leas-Cheann Comhairle as ucht cead a thabhairt dom an cheist seo a ardú agus don Aire Stáit as ucht teacht isteach. I speak not only as a representative of the Dublin North constituency but as an almost daily rail and bus passenger and as leader of the Green Party. In terms of capital funding, public transport is the poor relation when compared with the National Roads Authority programme. The ratio is 4:1 in favour of the roads programme. The serious need for funding is borne out by the difficulties in public transport, even though there has been investment. I am sure the CIE group would love the type of funding received by the NRA. However, it does not have it and it is in discussions with community groups about trying to do the best it can with the resources available. I compliment the Skerries community association for engaging with Iarnród Éireann in order that the priorities of the community are addressed.

I anticipate that the Minister of State will inform me about the DART enhancement programme. In terms of phase one, it will provide limited improvement by 2005. It is already dealing with a peak capacity situation. I seek assurance that funding will be provided for phase two from 2005 to 2007 so that there will be continuity in improvements and that the expectation that they will happen will not be disappointed.

Phase one provides an extra evening train for the northern suburban line but the real crisis occurs in the morning. I invite the Minister to accompany me some morning to see exactly what people face. The trains are very packed. Much of the increase in capacity is accounted for by people having to leave home earlier to travel outside peak hours. We know from census returns that the communities that rely most on the train service are in my constituency. Some 27% of people in Skerries use the train, in Portmarnock the figure is 24%, it is 23% in Malahide and 21% in Balbriggan. The next highest area for train usage is Bray at 20%. These communities are highly dependent on public transport. The national average is 8% to 9%. People are not flocking to the trains because there is loads of space, it is because they do not have any choice. It is the only way to get to and from Dublin where they go for work, study or other reasons.

An extension to the DART is badly needed, especially for a community such as Donabate which is not included in these statistics simply because people in Donabate cannot get on the train as it is full by the time it reaches them. The train then proceeds into town, sometimes also bypassing Malahide. Not only can people in Donabate not get on the train, they are cut off from Malahide which was their natural hinterland for so many needs, particularly schooling.

The Minister needs to look at the longer-term picture. With all the talk about decentralisation, the reality is that Fingal is an area that is under great pressure from population increase. There is a sense of despair——

The Deputy should conclude.

——that the Government is taking a piecemeal approach to public transport funding. It is not providing funding over a continuous period for double-decker carriages and there is no additional rolling stock. As a result, people are abandoning public transport and going back to their cars.

I call on the Minister of State to reply.

We need to look at the provision of multi-annual funding, in addition to planning issues to examine why people are required to commute such long distances.

I thank the leader of the Green Party, Deputy Sargent, for his comments. I can certainly relate to some of what he said. He began by referring to my multi-talented ability to give replies to Adjournment matters on both health and transport.

I live in hope.

As I have recently been appointed to the Department of Transport, I hope he will see those talents prove beneficial to the people we both serve, namely, the public.

Deputy Sargent raised a number of issues and I will not be able to respond to them all. Multi-annual budgeting was one of the points raised. I am delighted to say the former Minister for Finance, Deputy McCreevy, had the foresight, before any of his predecessors, to give multi-annual budgeting to the Department of Transport.

For the roads programme.

That was the first ever allocation of multi-annual funding, which should be a welcome development.

I am looking for multi-annual funding for the CIE group.

I concur with Deputy Sargent's view. We had a great man who did a great job. He did what the Deputy asked by providing multi-annual funding.

Only for the roads programme.

Credit must be given where it is due. The Government has invested more in public transport than any Government in the history of the State.

It also reduced the train service.

Under the national development plan, €2.5 billion has been committed to public transport capital projects which have already delivered impressive capacity increases in both bus and rail transport. In fairness, this should be acknowledged.

Since 2000, when the national development plan, NDP, was launched, Iarnród Éireann has almost doubled the capacity of its network around Dublin. The Government and the EU have provided funding for the purchase of 100 additional diesel rail cars to bring the current fleet to 144, most of which operate on suburban services in the greater Dublin area. Twenty of these were assigned to the Maynooth line alone and they provided a 100% increase in capacity followed by a subsequent increase of another 24% last December. Following the completion of the delivery of these rail cars, since the end of last year, as the Deputy mentioned, capacity increases of 43% on the Dundalk route, 30% on the Gorey-Arklow route and 160% on the Kildare route have been provided. I have suburban rail and DART running through my constituency and concur with the Deputy's views as regards capacity problems.

However, Iarnród Éireann has almost doubled the number of DART cars in use since 2000, from an original fleet of 80 to 154 cars at present. That is not bad, since 2000, in fairness to Iarnród Éireann and to DART officials. I congratulate them and encourage them to keep up the momentum. These new trains have enabled Iarnród Éireann to extend DART trains to a maximum of six cars on busy peak hour services. Indeed, I was the one who pushed for that move.

At present Iarnród Éireann is mid-way through an upgrade of the entire DART system from Greystones to Malahide and Howth. Known as the DART Upgrade Project Phase 1, it involves the purchase of 40 new cars, the provision of longer platforms, improved access facilities and the upgrading of the power supply to enable eight car DART trains to run on the network, which the Deputy and I will both welcome because of the increased capacity. This project is costing €176 million. The Deputy may be familiar with the new car now in service.

Phase one is due for completion in late 2005 or early 2006. It will provide an immediate increase in the carrying capacity for the network of 33%. Construction work is at present taking place at Connolly Station to lengthen platforms and any additional train paths available into the station as a result of this infrastructure work will, in the main, be allocated to outer suburban services, such as those from Maynooth and Dundalk. The company has informed me that some increases in capacity will start to come on stream from December this year when the new timetable is launched.

It is planned that, immediately upon the completion of phase 1 of the DART upgrade, phase two will commence. This phase will cost a further €75 million and will involve re-signalling the city centre area around Connolly and Pearse Stations and will increase train paths through this bottleneck from the current 12 trains per hour per direction to 16. I understand that many of these additional train paths will also be allocated toouter suburban services from Maynooth and Dundalk.

I am relatively new to this portfolio, but the Deputy will be pleased to hear that I met a number of the stakeholders involved in the delivery of service, including CIE, as recently as today. I will continue to drive this as best I can.

The Dáil adjourned at 5.25 p.m. until 2.30 p.m. on Wednesday, 27 October 2004.
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