Dáil Éireann díospóireacht -
Thursday, 30 Jun 2005

Vol. 605 No. 5

Adjournment Debate.

Services for People with Disabilties.

Mr. Deenihan

On Tuesday, 14 June 2005, the NAMHI parent representatives walked out of the consultative group meeting of the HSE southern region, which was held at Blackpool in Cork. There were several reasons for this protest but the catalyst was the presentation of the 2005 funding allocation to the HSE southern region for additional places in the intellectual disability sector. In spite of Government promises the allocation for additional residential respite and day care places is woefully inadequate to deal with the planned requirements as specified in the national intellectual disability database figures which are submitted to central Government. An example of the shortfall in County Kerry is the need for €4.4 million in 2005 between the three adult service providers and the fact that only €771,000 was allocated, a shortfall of almost €2.7 million.

According to the national intellectual disability database figures on the adult services in Cork and Kerry, 209 additional residential places are needed in 2005 and 38 places have been funded. An additional 334 respite places are needed and 15 places have been funded. The situation is totally unacceptable. For the past 12 months the NAMHI parent representatives have found it increasingly difficult to carry out their function to represent the parents of children and adults with an intellectual disability in the Cork and Kerry region. They were asked to make recommendations to the new HSE structures on the services required for the new five-year plan 2005-09. They spent considerable time and effort in doing so and in discussions at the various consultative group meetings.

They put forward the concerns, frustrations and anger of parents and suggested different and innovative ways of sourcing funding and providing for vital services. They found it difficult to obtain necessary information and statistics and have been very frustrated at the number of times they have had to ask the same questions at subsequent meetings without adequate response. The lack of clarity due to the changeover from the Southern Health Board to the HSE southern region has not helped matters.

The parents asked for a meeting with the regional planning committee to express their concerns but to date that committee has not agreed to meet them. The funding allocation presented to the parents on 14 June highlighted the total waste of their time in producing recommendations for service provisions. From the information available to the parents, the moneys requested by the agencies were first reduced by a value for money cut and then no consideration was given to the need for additional places as identified in the database.

The service development needs in the Kerry area for the 2005-09 period are generally as follows. Residential places for six people must be prioritised for immediate full-time residential care. Kerry parents and friends association proposes to establish a dedicated respite house as a priority. Demand for respite is increasing daily. St. John of God in Tralee has notified that it cannot take any more respite people for the foreseeable future. It is no longer acceptable nor practicable to provide respite for strangers in community houses that are often the full-time homes of many service users.

The need for day places for school leavers in 2005 should be provided in local community settings. The referral process for school leavers needs to be formalised with at least a two-year lead in. A consultant psychiatrist specialising in intellectual disability is required to be based in Kerry. Speech and language therapists, occupational therapists and physiotherapists are urgently required in both children's and adult services in Kerry. The relocation of people with intellectual disabilities who were inappropriately placed in St. Finian's Hospital, Killarney, is long overdue. Kerry parents and friends association has an urgent requirement for a special residential facility staffed by specialists in challenging behaviours, to cater long and short term for a small number of service users who present with challenging behaviours. Such behaviour cannot be addressed in community residences and is very disruptive to other residents.

It is very important that the parents' representatives, given the urgency with which they view their circumstances, feel that energy and resources available to them should be spent in trying to unravel the emerging role of the HSE and the difficulties this brings as well as seeing where best to place their legitimate protest. They want an immediate meeting with the HSE southern planning committee to voice their concerns and to seek to agree an agenda in which the parents can approach the various HSE structures nationally and the various Departments charged with providing adequate service.

Minister of State at the Department of Foreign Affairs (Mr. C. Lenihan)

I thank Deputy Deenihan for raising this matter, which I will bring to the attention of the Minister of State, Deputy Tim O'Malley, with a view to an early meeting on the matter. It provides me with an opportunity to outline to the House the position regarding the additional funding provided for services for children and adults with disabilities in 2005.

In November 2004, the Government announced that disability and mental health services would be prioritised under the Estimates for new health initiatives in 2005. An additional sum of €40 million was to be allocated in 2005 to services for persons with intellectual disability and those with autism. This would form part of a five-year multi-annual budget for the sector. The new funding would provide additional residential, respite and day places, improve specialist support services and meet costs associated with moving individuals to more appropriate placements.

In April 2005 a meeting took place between officials from the HSE southern area and NAMHI at which matters relating to intellectual disability services in the southern area, including service deficits in the Kerry area, were discussed.

In June 2005 the HSE southern area received notification of its allocation of over €6 million out of €40 million allocated to intellectual disability and autism services in 2005. Through a process of consultation with all service providers, parents and clients, funding was allocated in accordance with local priorities, in consultation with the regional planning committee for intellectual disability services.

At the consultative group meeting on 14 June which involved parents, nominees of service providers and HSE officials, the allocation of funding for 2005 was discussed but NAMHI left the meeting prior to discussion.

NAMHI has requested a meeting with the regional planning committee and this request will be brought to the next committee meeting which takes place in early autumn.

Prisoners Overseas.

Mr. Glennon

I wish to share time with Deputy Finian McGrath.

I thank the Leas-Cheann Comhairle for taking this matter on the Adjournment and I thank the Minister of State for his attendance.

Christy McGrath is a 28 year old jockey serving a 16-year sentence for murder at Gartree Prison in Leicestershire. This is the stark fact which bears repetition. In the not too distant past when I used to look on political proceedings from the spectator's point of view, I always had a great regard for and took an interest in the activities of politicians who became involved in issues of miscarriage of justice, particularly in the UK. The names of Annie Maguire, the Guildford Four and the Birmingham Six are etched in the minds of people in Ireland who are politically motivated. I take this opportunity to congratulate all those involved in the eventual delivery of justice for all concerned.

I believe that Christy McGrath is another name to be added to that unfortunate list. I am not saying categorically that there has been a miscarriage of justice, I do not believe anyone can say that without hearing all the evidence in a courtroom setting, but having read the papers and spoken to people interested in the case, I believe there are ample grounds for considerable doubt about the guilty decision made against Christy McGrath. I urge the Minister, everybody involved and everybody with a possible input to ensure that every effort is made at all levels to have a review of the case at the earliest opportunity.

We hear much about the special relationship between this nation and our neighbour but I do not know that we have such a relationship. It is cases like this one that will test whether we have one. I have no doubt that we have a unique relationship. We are unique in terms of our proximity — we are the closest neighbour either has — the entirety of northern part of this island and the fact that we share a language and are on the edge of Europe. Whether that relationship is healthy or special, it is cases like Christy McGrath's that will test its quality.

If a person from another jurisdiction sought preferential treatment in our justice system, we would probably be quite negative about granting it. However, in light of the unique relationship between the islands, particularly the unprecedented level of political interaction that has taken place for some time, we should prove the healthy state of our relationship and expedite the processes involved in dealing with Christy McGrath's case.

It would be remiss of me not only not to sympathise with Christy McGrath but his parents and family but also not to congratulate them on the manner in which they have dealt with the predicament that has been visited upon them. I also pay tribute to the 50 parliamentarians in Westminster and, as of today, a similar number in these Houses who are taking up the cudgels to ensure that justice will eventually be delivered to Christy McGrath at, I hope, the earliest possible opportunity.

Mr. F. McGrath

I thank the Leas-Cheann Comhairle for allowing me the opportunity to speak on this Adjournment matter. I strongly support what Deputy Glennon said. It is refreshing to see a former international rugby star support another sportsman, Christy McGrath. I am delighted to announce that up to 40 Deputies and Senators have indicated their support for this campaign and 50 MPs support the campaign to have Christy's case reopened. I commend Senator Ó Murchú and my Independent colleague, Deputy Healy, for their work on this case.

Christy McGrath, a young jump jockey from Carrick-on-Suir, County Tipperary, was sentenced to life in prison for the murder of ex-football player, Gary Walton, in a Durham village in July 2000. Christy has denied repeatedly that he was responsible for Walton's death. He is seeking immediate appeal against this unjust conviction. On leaving a County Durham pub Christy McGrath was accosted, racially abused and assaulted by Gary Walton. Attempting to regain entrance to the pub, Christy was again attacked by Walton with a brick and was forced to defend himself. Walton was alive when Christy left the scene. Other men, two wearing balaclavas, are known to have approached Walton on the night after Christy left. One returned to the scene more than once. The body was found by police the following morning. Walton died of strangulation. He was strangled with such force that his neck and vertebrae were broken. Walton was over 6 ft tall and heavily built, Christy is more slightly built and a shorter man.

Throughout the course of their investigations, the police referred to Christy as "the Irish lad". He had no motive to kill Gary Walton. Christy tried to avoid the fight by running back to the pub. Witnesses in Christy's favour were never heard. One admitted washing blood-stained clothes while another stated seeing a murder by men in balaclavas. Police claimed they were unable to state the time of Gary Walton's death. Christy only learnt that the victim had died of strangulation after he pleaded guilty in court.

Christy McGrath's family and supporters are calling for the immediate referral of this case to the Court of Appeal. The investigation into the killing of Gary Walton should be reopened as a matter of urgency. The day before his trial for murder, Christy's lawyer put pressure on him to change his plea to guilty. He was told that if he did not, he would serve between 25 and 30 years in prison.

I urge people to support this campaign. It is a genuine one. I hope this will not be another miscarriage of justice.

Mr. C. Lenihan

I propose to reply to the issue raised by Deputies Glennon and Finian McGrath on the case of Mr. Christy McGrath. I am mindful of Deputy Glennon's comments about the Birmingham Six and the Guildford Four, two cases which I reported on as a journalist in London. I am very conscious of the issues and the heart-rending matters involved for the families of those concerned. I am also very conscious of Senator Ó Murchú's contribution to this campaign. We are anxious to respond as best we can.

The Department of Foreign Affairs has been actively monitoring the case of Christy McGrath from Carrick-on-Suir who was charged with the murder of an ex-footballer outside a pub in Coundon, County Durham, England, in July 2000. At his trial in January 2001, Mr. McGrath pleaded guilty to the murder and was given the mandatory sentence of life. He is required to serve a minimum period of 14 years before he can be considered for release. Since his trial Mr. McGrath has claimed that he was pressured by his legal team on the day of his trial to change his earlier plea of "innocent" to one of "guilty" and that he was informed that if he did not do so, he would receive 30 years without parole.

Mr. McGrath has been visited on six separate occasions by a diplomatic officer of the Irish Embassy in London. Mr. McGrath claims that forensic evidence exists which, if examined, would exonerate him and he remains adamant that if he got a retrial, he would be found innocent. He has reiterated his contention that he was set up by others, including his co-accused who walked free, and that he was bullied by his legal team into pleading guilty on the morning of his trial.

Mr. McGrath has engaged a well known firm of UK lawyers to advance his legal case and he hopes that it will be possible for an appeal to be lodged. I understand that his solicitor has indicated that she continues to seek grounds on which to lodge an appeal and-or to seek to have the case reopened. As the House will appreciate, Mr. McGrath's legal representative is best placed to advise him on the options open to him to avail of appeal procedures in the British judicial system.

In October 2001, the former Minister for Foreign Affairs, Deputy Cowen, met Mr. McGrath's family and supporters and assured them that the Department would continue to provide all appropriate consular assistance to Mr. McGrath and his family. The Department, through the Irish Embassy in London, continues to monitor the case closely and remains in contact with Mr. McGrath. A diplomatic officer from the embassy has visited him on six occasions. The most recent visit was on 23 June 2005. On 26 April 2005 the embassy also met representatives of the group campaigning for his release.

The embassy has also remained in contact with the prison authorities on Mr. McGrath's behalf. He was initially detained in Holme House Prison in Stockton in England and, during his first consular prison visit, he asked for the embassy's help in securing his transfer to the prison in Gartree as he felt it would more easily facilitate visits from his solicitor and family. He also indicated that he wished to be transferred as Holme House was near Durham where the murder occurred and he was concerned for his own safety and that of his family if he remained in prison in that area. Following representations from the embassy he was transferred to Gartree prison in June 2002.

Up to recently Mr. McGrath was working in the prison. He is now, however, recovering from surgery to his feet. He informed the embassy on the last visit that he has no complaints against the prison authorities.

So far, Mr. McGrath has declined to apply for a transfer under the European Convention on the Transfer of Sentenced Persons to serve out his sentence in a prison in Ireland. He remains determined not to do so until his innocence is recognised. Neither has he participated in any prison offenders' courses for the exact same reason.

There is an independent body in Britain, the Criminal Cases Review Commission, which has the power to review and supervise investigations into possible miscarriages of justice. It is my understanding, however, that unless there are exceptional circumstances, the commission is not empowered to consider cases unless the normal court appeal system has been exhausted.

I assure the Deputies that the Department of Foreign Affairs, through the Irish Embassy, will continue to provide all possible consular assistance to Mr. McGrath.

Postal Services.

Mr. Broughan

In recent weeks I have received reports from throughout the country of people who have been experiencing the non-delivery of mail for days and sometimes weeks on end. This lack of a proper postal service has been particularly bad in my constituency of Dublin North-East and in neighbouring constituencies in the estates of the Donahies and Clare Hall in particular. I have also received similar reports from throughout the country, including from Clare and Limerick. In one instance in my area, some residents were left without a postal delivery for more than a week and when they queried this, they were told to go down to the local sorting office and collect the post themselves. Another person was awaiting a P60 which was subsequently mislaid and this individual was also told to go to the local sorting office and retrieve the document.

On contacting An Post senior management about this unsatisfactory situation, I was told the reason for such lapses in mail delivery is that postal workers who are legitimately absent from work due to illness or annual holidays are not being replaced while out of work and in those instances post was simply not being delivered. I was also told that the long-standing embargo on the recruitment of temporary staff, which An Post has implemented over recent years, is continuing.

This is an astonishing and unacceptable state of affairs. An Post is mandated with a universal postal service obligation that guarantees every home and premises in the State with at least one delivery every weekday. That its senior management has placed a moratorium on temporary and holiday staff is insufficient reason for not fulfilling the universal postal obligation.

I raised this issue last week at a meeting of the Joint Committee on Communications, Marine and Natural Resources. It is a practice that An Post management cannot be allowed to continue. The universal postal service obligation is a cherished right of every citizen and must be discharged by the company. It is true that there have been difficult times in An Post, especially in 2002 and 2003. However, its annual report last year reported a profit of more than €7 million. The sale of major UK subsidiaries has realised something in the region of €85 million and there is also the projected sale of the SDS premises on the Naas Road. I understand that SDS is closing tomorrow, which is extremely regrettable and, I believe, unnecessary.

Much of the turnaround of An Post's fortunes has been achieved by the sacrifices of its workforce which has not had a pay rise for the last two and a half years, unlike the Members and staff of the Oireachtas who received the increases due under Sustaining Progress. I am informed that a 5% increase is due this week, backdated from the beginning of this year, but this does not go anywhere towards relieving the real suffering of An Post workers. The most disgraceful aspect of all is the treatment of An Post pensioners. It is a continuing disgrace that the 8,000 former workers and their families who have given decades of service to the country have not received any increases over the past two and a half years. Many of them, under the Postal and Telecommunications Services Act 1983, are former civil servants. The Government is in an illegal position in not ensuring they receive it.

It is a continuing disgrace that many postmasters throughout the country do not have a minimum wage nor do they receive support to computerise the 400 offices that need to be updated urgently. There is a range of issues which the Minister, Deputy Noel Dempsey, must address with An Post management to try to get the national postal service back to the standard we knew and loved for many years and to try to bring about a positive workforce. Many of the ideas that need to be implemented are included in the excellent document, An Post: A New Vision, recently published by An Post's group of unions.

There is need for a new direction for the company. It should be undertaken in partnership with staff and management and led by the Minister. It should not be one where all the sacrifices are made by the postal workers, past and present, and more recently by householders and businesses that do not have their universal postal service. The Minister should give a lead on this, urgently. It is a matter I have raised many times in the House this session. He should give a lead to ensure we return to the type of postal services we always enjoyed, with a happy workforce and group of pensioners and with strong support for the local post office network.

Mr. C. Lenihan

I am replying on behalf of the Minister for Communications, Marine and Natural Resources, Deputy Dempsey. I wish to be helpful by outlining the state of the postal sector at this time. The sector has changed significantly in recent years as the European postal market has been liberalised and postal operators have moved from national to international markets. The postal market in Ireland and, primarily, An Post faces challenges such as increased competition which arises from the liberalisation of the market as well as falling mail volumes and competition from electronic substitution. As it operates in a more competitive market, An Post will need to offer high-quality postal products and services to consumers who, increasingly, will be able to choose from a range of postal providers. We can expect such a postal market in future.

As the full liberalisation of the sector by 2009 is a real possibility, An Post must prepare to ensure that it can continue to be a strong player in the Irish postal market. Already the parcels sector in Ireland is fully liberalised in line with the EU postal directive and this has led to major international players operating in the Irish market. An Post now holds only 25% of the parcels market in this country.

The implementation of full liberalisation by 2009 will, if achieved, open up the letter post area to full competition. The Commission is undertaking further studies on the impact of competition on the universal service requirement which is enshrined in EU and Irish law. The requirement means that all addresses, both business and private, are entitled to deliveries at uniform tariffs with a guaranteed frequency. No decision has been taken yet at EU level on the future nature of the universal service obligation if the market is fully liberalised in 2009.

An Post is the designated universal service provider in Ireland and therefore the universal service obligation is a statutory requirement of the company. Furthermore, the European Communities (Postal Services) Regulations 2002 set out the area of the postal market solely reserved for An Post to allow the company to fulfil its universal service obligations. These exclusive rights for the delivery of certain services are deemed necessary to ensure the maintenance of the universal service.

There is agreement that change is required if the postal services of An Post are to adapt to the modern business environment and to continue to offer a top class countrywide delivery service to the customer into the future. To progress the change agenda, an exhaustive process of negotiations between An Post management and trade unions, with the assistance of the State's industrial relations machinery, has been ongoing for some time. An Post unions and management have been involved in intensive negotiations under the auspices of the Labour Relations Commission, LRC, in a bid to agree a recovery plan that will put the company on a sound footing.

The LRC appointed assessors to draw up a report on whether the company was right to invoke the inability to pay clause of the Sustaining Progress agreement. The assessors' report, presented to the LRC and An Post on 2 June this year, concludes that An Post is in a position to pay a 5% payment under Sustaining Progress. It is my understanding, however, that the assessors' report finds that An Post cannot afford any further elements of Sustaining Progress or the mid-term review of the national wage agreement other than in the context of securing finalisation on rationalisation and restructuring requirements.

I understand that An Post intends to pay the recommended 5% increase, back-dated to 1 January 2005, to its employees by the end of this month. However, An Post unions are in disagreement with the findings of the report and the matter will be referred to the Labour Court.

A real solution to the outstanding difficulties in An Post is for all stakeholders to agree on and implement a viable recovery plan which will enable An Post to deliver quality services to our citizens, while at the same time providing sustainable well-paid employment for its staff. I thank the Deputy for raising this matter.

Decentralisation Programme.

Mr. D. Moynihan

I thank the Ceann Comhairle for allowing me to raise this important matter and I express appreciation to the Minister of State at the Department of Agriculture and Food, Deputy Smith, for coming into the House to address it.

The Government decided on a major decentralisation programme in the first week of December 2003. My concern is that since that time, little enough in practical terms has happened in various locations throughout the country, particularly in Macroom where I live and which I represent. However, we have had a number of reports in the meantime from the decentralisation implementation group. There was a report in March last year, a second one in July and a further report in September. In addition, the decentralisation implementation group published a report on 24 November 2004 and I have been informed that the group will report again. We were to receive this report in spring this year and I understand it will be published shortly. Macroom did not come to the fore in the previous reports and it was a matter of great disappointment to me and to the people of Macroom that it was way down the list as regards progress with decentralisation.

Macroom was not included in the first 15 projects to be relocated and it is of utmost importance that it be included in the next report. I thank the Minister for Agriculture and Food, Deputy Coughlan, and the Minister of State, Deputy Brendan Smith, for keeping me updated that the accommodation brief in respect of the new laboratories in Macroom is being finalised as a matter of urgency within the Department and that when finalised, the brief will be passed to the Office of Public Works. The Office of Public Works was given primary responsibility for delivering the property aspects of the decentralisation programme. Great urgency is attached to this matter because the site on which the laboratories stand on the Model Farm Road is earmarked for housing. For this reason, the laboratories earmarked for Macroom will have to be urgently relocated.

The relocation of the laboratories from the Model Farm Road provides the Department with an ideal opportunity to consolidate its laboratory operations in the southern region, encompassing three laboratories in Cork and two in Limerick. I am pleased Macroom will become the regional veterinary headquarters for the Munster region.

What progress has the Office of Public Works made in acquiring a suitable site or property? If a suitable site or property has been earmarked, when can we expect accommodation to be available for Department staff who have volunteered to decentralise? When will work commence on the programme to provide these facilities in Macroom?

The employment which will be created in Macroom as a result of decentralisation is urgently needed in the area. The closure in 2000 of GSI, a labour intensive components factory, turned Macroom into an employment blackspot and decentralisation is badly needed to boost the economy of the town.

Minister of State at the Department of Agriculture and Food (Mr. B. Smith)

I thank Deputy Donal Moynihan for raising this important issue. As he stated, the Minister for Finance announced the decentralisation of 10,300 public service staff to 53 centres in 25 counties, including eight Department headquarters, in budget 2003.

The overall decentralisation plan for the Department of Agriculture and Food provides for the relocation of 600 staff, including 200 information technology staff, from Dublin to Portlaoise; the Department's staff in Cork city and Mallow offices to Fermoy, involving approximately 100 staff; the Department's staff in three Cork laboratories and two Limerick laboratories to Macroom, which currently employ some 100 staff; and 69 staff of Bord Bia to Enniscorthy.

The Cork laboratories to be decentralised are a dairy science laboratory, a veterinary research laboratory and the brucellosis laboratory, all of which are located on the Model Farm Road in Cork. As the Deputy will be aware, my Department has agreed to give the land at Model Farm Road, Cork, amounting to approximately ten acres, to the affordable housing initiative. The Limerick laboratories being decentralised are also a dairy science laboratory and a veterinary research laboratory. In addition to the site on Model Farm Road, the relocation to Macroom will free up the sites of the existing dairy science and veterinary research laboratories in Limerick, comprising approximately one acre at Killkeely Road and Knockalisheen.

The accommodation brief of requirements for the office complex in Portlaoise has been prepared and forwarded to the Office of Public Works. The accommodation brief for the Macroom laboratories is being finalised in my Department and will be sent to the Office of Public Works shortly. The brief will outline the Department's requirements for office staff, laboratories, visitor areas and general service areas for the new laboratory complex. Bringing together these laboratories into one complex in Macroom will enable the Department to introduce a level of rationalisation which will lead to improved operational efficiencies.

The timeframe for the selection of the site or property and the completion of the development will be a matter for the Office of Public Works which will submit an application for planning permission in due course. The decentralisation implementation group report published on 24 November 2004 provides for 400 posts from my Department to be relocated in the first phase of moves to new Department offices in Portlaoise. It was subsequently announced that 200 information technology posts would also decentralise. This would bring total staff numbers in Portlaoise to approximately 850.

The moves to Fermoy and Macroom were not included in the first phase. A further report from the decentralisation implementation group is due to issue shortly dealing with other locations. Based on figures released from the central applications facility in September 2004, 91 people have expressed an interest in relocating to Macroom. This number comprises 45 people from within the Department, 41 from other Departments and five from the public service. As yet, however, there is a significant shortfall in Department of Agriculture and Food specialist staff volunteering for Macroom where many of the posts are professional and technical in nature.

I thank Deputy Donal Moynihan for raising this important issue. The Deputy has worked extremely hard to outline and highlight the advantages of including his constituency of Cork North-West in the Government's major decentralisation programme. I hope my reply outlines the up-to-date position regarding progress made to date.

The Dáil adjourned at 8.05 p.m. until 10.30 a.m. on Friday, 1 July 2005.