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Dáil Éireann díospóireacht -
Thursday, 2 Jun 2005

Vol. 603 No. 5

Adjournment Debate.

Hospital Staff.

I am grateful for the opportunity to raise the matter of the termination of the employment of Mr. K. Maha Lingam, orthopaedic surgeon, by the management of Cork University Hospital from a position he held for 11 years. His employment was terminated on the grounds that the Department of Health and Children failed to sanction an additional post which would have allowed him to continue in his position as orthopaedic surgeon in the hospital.

It is utterly unacceptable that elderly people with orthopaedic problems are told that they cannot be put on the outpatient waiting list and, when they are eventually put on the list, that they can expect to wait for up to two years for an examination. I know elderly people who have come to my clinic in tears because of pain and have been told that they may have to wait years for an examination. They have also been told that if they have €4,000 or, sometimes, €6,000, they can receive treatment within weeks from the same surgeons in the same hospital. This is scandalous and, despite the Tánaiste being aware of it, it has been allowed to continue. That medical apartheid must be dealt with sooner rather than later if social justice is to exist.

The public waiting lists at that hospital are unacceptable and cannot be allowed to continue at their present level. No matter how unacceptable they are, I find it incredible that Mr. Maha Lingam's position as trauma surgeon has been terminated with effect from 31 May 2005. Records available to me for St. Mary's Orthopaedic Hospital, the associated hospital of Cork University Hospital, for the years 1994-2001 show that Mr. Lingam carried out 30% of all hip replacements and over 30% of knee replacements in that orthopaedic unit, which had six orthopaedic surgeons. The figures are only available up to 2001 because I am informed that in that year, theatre space in the hospital was no longer made available to Mr. Lingam, despite the fact that theatre sessions were free for three years from 2002.

My attempt, as a member of the former Southern Health Board, to get a breakdown of the level of public and private practice on a consultant-by-consultant basis in that hospital was refused by the management at the behest of some people who had a vested interest in what I would term a very lucrative business. I submitted a freedom of information request, which was turned down. My appeal was refused and I made a detailed appeal to the Information Commissioner, which was not dealt with for over three years. Subsequently, I withdrew the request because the case was not being dealt with.

I find it incredible that, as a member of the former Southern Health Board, I could not get information from that health board about what was happening in hospitals funded by taxpayers. If the Minister is serious about dealing with some of the issues in the health services, that issue should be dealt with quickly and effectively.

Very little spinal surgery and cruciate ligament work and little, if any, shoulder replacements have been carried out at Cork University Hospital since 2001. I have been told that there have been ongoing difficulties with orthopaedic services in Cork for quite some time, which have resulted in this unacceptable situation regarding waiting lists. I call on the Tánaiste and Minister for Health and Children to carry out an independent inquiry into the activities at Cork University Hospital and to immediately sanction the surgical position so that Mr. Maha Lingam can continue his work within the greater Cork area. His reputation in Cork is top class and he enjoys the confidence and support of his patients, past and present.

This is not a party political issue. I regret the Tánaiste is not here. In the interests of justice for people who cannot help themselves and are at the mercy of those who make decisions about their future, this matter should be looked into and there should be a full and independent inquiry into what is happening.

I am pleased to have been given the opportunity by Deputy Allen to clarify, on behalf of the Tánaiste, who is unavoidably absent, the position of the Department of Health and Children. The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of acute hospital services and the appointment of new or replacement consultant posts.

With regard to the specific case mentioned by the Deputy, the former Southern Health Board made application for financial clearance to the Department of Health and Children for the appointment of a seventh consultant orthopaedic surgeon post. In view of the financial implications of the proposed post, the Department of Health and Children was not in a position to allocate funding for this post in 2004 nor in the letter of determination for 2005 which issued to the Southern Health Board in early December 2004.

Since the establishment of the Health Service Executive, the Department of Health and Children no longer has a role in the approval or funding arrangements for individual consultant posts. The Department has been informed that this case is the subject of ongoing litigation, including an appeal to the Supreme Court. Therefore, it is not appropriate to comment on the case.

On a point of order——

That is not a point of order.

I do not think people suffering in Cork should have to wait——

There is no provision that allows the Deputy to speak again on the matter. Deputy Allen is out of order.

The Minister of State should stop hiding behind the Supreme Court.

Deputy Allen is out of order. He should resume his seat. He is interfering with the time allotted to another Deputy.

Natural Gas Grid.

I am very grateful to the Ceann Comhairle for the opportunity to raise this very important matter on the Adjournment. The people of Erris are extremely frightened because a high pressure pipeline is being forced upon them with no independent assessment of the risks. This pipeline will pass by their doors. I ask the Minister for Communications, Marine and Natural Resources to immediately call a halt to this project, to defer giving permission to Shell to proceed and to insist on the construction of an off-shore terminal for the sake of the residents and the economic benefit of the area.

Only today we hear that Sruwaddacon Bay is contaminated with black peat as a direct result of the preparation works at Bellanaboy for the in-shore terminal. Some 450,000 cu m of peat from the bog there is being transported to a Bord na Móna deposition site at Shramore, 11 km away. Already, the 800 truck movements per day have resulted in several trucks leaving the road and a local grotto has been damaged by the truck movements. Two days ago, the North Western Fisheries Board manager, Vincent Roche, warned that he would take legal action if discharges of silt into the Bellanaboy river continues. This river is a tributary of the Carramore lake, which supplies water to the entire region.

This threat has been well flagged in the planning stage and the settlement pond system intended to prevent the silt from escaping is not working. On page 56 of the report by An Bord Pleanála, it is stated that if the settlement pond system did not work, Carramore Lake, the main water supply for the region, would be turned into a giant settlement pond.

I have repeatedly queried in the Dáil the independence of the risk assessments that have been carried out on the terminal pipeline. The so-called independent curae or qualitative risk assessment was carried out in 2001 by J. P. Kenny on behalf of the original developer, Enterprise Energy Ireland. Mr. Kenny had worked on the original design brief on the pipeline. Mr. Andrew Johnson's subsequent study was a desk study based on this already flawed information. The biggest blow, however, was that the so-called independent consultant hired earlier this year by the Minister for Communications, Marine and Natural Resources to review the safety of the pipeline was far from independent. The company in question, British Pipeline Agency, is jointly owned by BP and Shell UK, the companies that put forward the project. Why was the Minister not aware of this information, which is available on the Internet? This company was founded in 1969 as a joint venture between BP Oil UK and Shell UK.

One local resident who is familiar with fire hydrants says the ten bar pressure produced by a fire hydrant would pin a man against a wall at 50 yards, yet the pipeline is designed for 345 bar pressure — it will be 150 bar pressure initially. This man and his family must live beside this pipeline and he is very frightened by this prospect.

I asked the Minister to release the curae earlier this year and I am glad he did so. However, the local people are very afraid for their health and safety. I said I would not live beside such a pipeline and I asked the Minister whether he would, but I did not get an answer. It is clear that nobody would live beside such a pipeline.

The oil companies say they will not opt for an off-shore platform for economic reasons and to protect the health and safety of the people working there. However, they can write off the cost of their off-shore platform under the very generous 1992 tax deals done by the Government.

Regarding health and safety matters, those who work on the rig choose to do so, but the people of the Erris area do not have a choice. They have to live beside this pipeline, a project which is being imposed on them and will do very little for the area. Very few jobs have been created and in many case, the jobs have been taken by people outside the area. The Minister should realise that the health and safety of the people are his responsibility and he should honour his responsibility by putting the health and safety of the people first. He should not collude in the pollution of the entire area, which is happening. The water supply to an entire region is being threatened. I appeal to the Minister to act now and to refuse all consents to Shell. He must insist on an offshore terminal or leave the gas there until such time as there is something in it for Mayo. At present, all Mayo gets from it is serious risk to the residents, whose lives are in peril, and the pollution of the area.

I urge the Minister to stop this pipeline and refuse to give consents. There must be an offshore terminal for the sake of the area.

In the unavoidable absence of the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, I will update the House on the review of the Corrib gas field developers' quantified risk assessment, QRA, for the onshore pipeline.

The Department of Communications, Marine and Natural Resources awarded the contract after a tendering process. Tenders for the QRA review were invited from four companies with the requisite competencies. One declined because it had worked on the Corrib gas field project previously. Two others declined, due to the unavailability of the consultant during the timeframe within which the work to be carried out was scheduled. The contract was awarded to British Pipeline Agency Ltd., BPA, which was the only company to submit an offer of tender. BP Ireland UK Ltd. and Shell UK Oil Ltd jointly own BPA. BPA is defined as a subsidiary undertaking of BPLC. The tender was received on 4 April 2005 and a draft contract issued to BPA on 6 April 2005.

At no stage in any discussions with the Department did BPA raise the issue of any potential conflict of interest in carrying out this review. Notwithstanding that BP Oil UK Ltd. and Shell UK Oil Ltd. own the company jointly, BPA remains of the view there is no conflict of interest and states:

BPA is a leading UK specialist in the onshore oil and gas pipeline sector, managing pipeline and terminal assets, and providing related technical consulting services to a wide range of companies worldwide.

All work undertaken by BPA is treated as client confidential whether acting for a single client company or a consortia, and the ability to maintain client confidentiality is critical to BPA's continuing business success.

In this instance BPA were "peer reviewing" technical work undertaken by another pipeline consultant for Shell, against accepted industry codes and standards.

The Minister accepts fully that BPA has completed the review in a fully professional and objective manner. However, he remains conscious that the association of Shell UK Oil Ltd. with BPA by means of its 50% ownership of the company will raise questions as to the complete independence of the QRA review process. In the interest of ensuring confidence in the independence of the process of evaluation of the safety aspects of the pipeline as addressed by the QRA version F and considering the public concerns and sensitivities on this issue, the Minister has now initiated a further review of the QRA.

With regard to the Corrib gas field terminal, I do not agree that the only option available in the interest of the health and safety of the Erris residents is an offshore terminal. I am satisfied the Department has given every consideration to relevant aspects of recommending the placing of the terminal onshore. In any case, there is no question of withdrawing any approvals already given.

Postal Services.

The recent announcement by the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, that a new system of postcodes will be introduced in Ireland by 1 January 2008 provides no seriously persuasive argument as to why new postcodes are necessary. I am not convinced this scheme does not have the potential to turn into another €50 million squandering of public money which could be used in any number of under funded areas highlighted recently, such as nursing homes or seatbelts on school buses.

The Minister claims that a postcode is "a vital piece of infrastructure for any modern economy". This infrastructure exists already in the use of automated sorting, including optical character recognition, and the GeoDirectory system, which is a highly developed national address database system. An Post and the Ordnance Survey of Ireland established the GeoDirectory and they have invested significant resources in the technology. This system is excellent and, as the postcode working group reports, "provides a unique identifier for each building in the State, including penetration to individual delivery points in a building". The argument that a postcode system is essential for the quality and accuracy of postal delivery is nonsense and is discounted by the postcode working group's report.

The An Post and Ordnance Survey GeoDirectory system is on the market already and is available for prospective postal operators to buy. Surely the fact that An Post has already spent significant resources on this technology and that it is commercially available must be recognised and taken into account by the Minister when deciding on the introduction of a postcode system. If a postcode system is introduced, will it be based on the existing and effective An Post technology? If not, how can the Minister justify the costs and operational difficulties this will generate for An Post and the Exchequer?

The initial estimate for the proposed methodology and business plan is estimated at between €200,000 and €300,000. However, An Post estimates that it will cost it in excess of €6 million in private operational costs if postcodes are introduced. This is apart from the financial burden that will be placed on individual businesses and institutions across the country who will have to realign their databases and software to the new postcodes. The electoral register will also have to be revamped at considerable expense to local authorities.

With this Government's and especially Deputy Noel Dempsey's record for taking up disastrous projects with huge price tags, such as the e-voting debacle, the prospects of spiralling and unacceptably high costs for this project are not unlikely. I have read the report on postcodes commissioned by the Minister, Deputy Noel Dempsey. Has the Minister read it? If so, can he point out the disadvantages that Ireland suffers at present and detail how consumers, public services and postal operators will benefit from the introduction of some of the systems proposed? Can the Minister convince us that this postcode system is not being introduced so we can be bombarded more effectively with unsolicited and often junk mail? The commercial benefits are not quantifiable and the drawbacks of such increased so-called customer service and mailshot opportunities, from the general public's point of view, must be seriously considered.

There are also serious data protection, privacy and socioeconomic policy concerns about postcodes. These codes, on the basis of experience in Dublin, can also be a code that unfairly categorises whole populations on the perceived economic status of the postcode area. Do we seriously want to replicate this throughout Ireland through the adoption of codes based on so-called atomic small areas? It is also clear from the postcode working group that the Dublin distinctions are unnecessary and could be abolished.

If there is a case to be made for the establishment of universally known postcodes, let us prioritise the use of the existing system and minimise unnecessary spending by providing greater access to or full publication of the national GeoDirectory so every individual and household knows their postcode, as was proposed by the broadcaster Pat Kenny earlier this week. People have little difficulty remembering telephone and bank account numbers so why should a random digit postcode or zip code be any different? There is great potential in the existing system and a great danger that a new postcode scheme will become another disastrous and unnecessarily extravagant project to add to the Minister, Deputy Noel Dempsey's, unfortunate and sad record.

I reply on behalf of the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey. A postcode is a necessary piece of infrastructure for a modern developed economy. Almost 90% of mail in Ireland is now generated by business. A recent report to the European Commission on developments in the European postal sector identified that Ireland has relatively low mail volumes.

The report suggested that a possible explanation for this could be that Ireland is the only member state without a postcode system. The report further suggested that there is an unrealised potential for letter post growth in Ireland. Public services and utilities and private businesses, such as the ESB, Eircom and the banks are major users of the post and need a precise address for billing, sales, marketing and to assist field staff locating customers' premises. Without an effective postcode in Ireland, there is a real danger that not only postal operators but also consumers, business and public services will be at a disadvantage compared to our EU partners. The Government is committed to redressing this situation.

To this end, the Minister for Communications, Marine and Natural Resources established a working group comprising people with experience of the postal sector, together with a representative from the Department of the Environment, Heritage and Local Government, which is the lead Department for the Irish spatial data infrastructure initiative to examine the introduction of a postcode system in Ireland. This group produced its report earlier this month. The report found that the introduction of a publicly available postcode could deliver many potential benefits. The purpose of a postcode system would be to improve efficiencies and quality in the postal sector, stimulate mail volume growth, assist utilities and emergency services, address the problem of non-unique addressing and facilitate competition by making it easier for new postal operators to enter the market. These improvements collectively will boost the country's competitiveness. For this reason, the Minister has decided, in principle, that a postcode system should be in place by 2008.

The Minister is asking the Commission for Communications Regulation, ComReg, to appoint project managers to support the postcode project. The next step is to establish a national postcode project board, comprising representatives of Departments, together with public and private sector organisations which will be appointed by the Minister to assist the project managers with their work. It is hoped to present a proposal describing in sufficient detail what is the most efficient, effective and publicly usable postcode system by 31 December 2005.

In its deliberations, the project board will examine all the options for a postcode system. This may include an examination of An Post's GeoDirectory. An Post has advised, however, that the geo-directory product is not a postcode system. It is a commercial, proprietary address database which is linked to geographical co-ordinates to provide a unique identifier for buildings which has been developed by An Post and Ordnance Survey Ireland. The cost of the GeoDirectory product supplied by An Post comprises a once-off fee of €57,000 plus an annual licensing fee of 14% of the initial cost. It is a very useful product which is used by local authorities, emergency services and utilities, but it is not a publicly available postcode system. The generally accepted definition of a postcode is that it is an identifier that identifies the addressee's locality and assists in the transmission and sorting of mail. Effectively, a postcode is primarily to facilitate mail delivery.

While a postcode can be used with automated mail process systems, it must also be capable of being used with manual systems. The GeoDirectory product is a building identifier and the purpose of a postcode system is to make it easier to process and deliver mail. A publicly available postcode system would help organisations to direct mail more accurately and provide better customer service. In response to the ComReg consultation on postcodes, organisations such as the ESB and BreastCheck were in favour of postcodes because they help to provide better access to customers. In addition, the Department has received correspondence in support of the initiative.

Schools Building Projects.

I thank the Minister for taking this Adjournment matter and the Ceann Comhairle for permitting it. I seek clarification in regard to a parliamentary question I asked the Minister for Education and Science yesterday seeking information on Athy community college. Two years ago, I attended a function at which the Taoiseach turned the sod at the school, yet no progress has been made since then. Further concerns have been raised by the Minister's reply yesterday. She stated:

However, due to a decline in enrolment trends and the level of investment which would be required to facilitate a relatively small number of pupils, it was decided not to allow the proposed building project to progress through architectural planning until a complete review of the long-term viability of the school has been carried out.

This would seem to contradict everyone's view of the project, including that of the Taoiseach, who turned the sod two years ago.

The development plan for Athy has led to major population growth in the town. In 1970, the population stood at 4,270 whereas the latest development plan envisages a population of 16,000, not including the catchment areas of Ballylinan, Kilberry, Kilkee, Kilmead and other small villages which have experienced population increase. In fact, all the south Kildare area that is attached to Athy for educational purposes has experienced a major increase in population. Nonetheless, a major dent has been put in one of the flagship educational projects in the area, namely, the completion of a new college at Athy.

Has the development been put on the back burner? How long will the review of the viability of the school take? Have there been second thoughts regarding the project? What aspect of the development will progress? Will the present school be developed or will a new school be developed on the site opened by the Taoiseach? What is the position in regard to this much needed educational facility in the context of the recent expansion of population in south Kildare, which highlights the need for it? At least 1,000 houses are at construction stage in the area and a greater number are at the planning stage with the local town council. It beggars belief that this infrastructure project, which is vital given the young population of the town and its hinterland, seems to be going backwards.

The Minister of State should clarify the situation. He should alleviate the concerns of the teachers of the school and local primary school pupils, who would benefit from the school. Education in south Kildare would benefit if he could give a clear picture regarding the provision of this college.

I thank Deputy Wall for raising this matter as it provides an opportunity for me, on behalf of the Minister for Education and Science, Deputy Hanafin, to outline to the House the action planned to progress the application for capital funding from Athy community college.

Modernising facilities in our 3,200 primary and 750 post-primary schools is not an easy task given the legacy of decades of under-investment in this area as well as the need to respond to emerging needs in areas of rapid population growth. Since taking office, the Government has shown a sincere determination to improve the condition of our school buildings and to ensure that the appropriate facilities are in place to enable the implementation of a broad and balanced curriculum.

We have progressively increased funding for the schools modernisation programme in recent years to achieve our goal, with an aggregate total of almost €2 billion allocated for this purpose since 1998, the largest investment programme in the history of the State. Since the beginning of the year the Minister for Education and Science has made a number of announcements relating to the schools building and modernisation programme. This year alone, €270 million will be allocated to primary schools and €223 million to post-primary schools for building works. This represents an increase of 14% on the 2004 allocation.

The programmes supported will include the following: 141 major building projects already on site and a further 28 due to commence in the coming weeks; 122 major school building projects countrywide which will prepare tenders and move to construction during 2005; 192 primary schools which have been invited to take part in the small and rural schools initiative and the devolved scheme for providing additional accommodation; up to 120 schools which have been given approval to rent temporary premises pending delivery of a permanent solution to their long-term accommodation needs; 43 schools which have been authorised to start architectural planning of their major projects and 124 which have been approved to progress through the architectural planning process; and 590 schools which were recently given approval to complete essential small-scale projects under the summer works scheme. I am pleased to inform Deputy Wall that Athy community college is included in this number, having secured funding to upgrade its gas system.

With regard to the school's large-scale project, in May 1999 the school authority, Kildare Vocational Education Committee, applied for the replacement of its building. This was agreed and an accommodation brief for a new school was set at 350 pupil places. The VEC appealed this decision, arguing for a 500 pupil facility based on its assessment of the anticipated increase in the demographics of the area, an anticipated increased demand for post-leaving certificate and vocational training opportunities scheme courses and a naturally accruing demand for places in a new state-of-the-art facility.

The matter was reviewed in the school planning section of the Department of Education and Science and it was decided that an accommodation brief based on a long-term projected enrolment of 400 pupil places was more realistic. A design team was appointed on this basis and the proposed project reached stage 1 in the architectural planning process. A review was carried out at that point to firm up on the size of the school for the design team. On foot of this review, it emerged that there was a significant decline in enrolments. In view of this development and the level of investment which would be required to facilitate a relatively small number of pupils, it was decided not to allow the proposed building project to progress through architectural planning until a complete review of the long-term viability of the school has been carried out. This is under way in the school planning section of the Department. The review will be carried out as quickly as possible and the school authority will be notified of the outcome without delay.

Once again I thank the Deputy for giving me the opportunity to outline to the House the processes used by the Department of Education and Science in determining how projects are assessed for capital funding. These processes are employed in the interests of openness and transparency, and to reassure all schools that they will be treated in a fair and equitable manner.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 14 June 2005.
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