Dáil Éireann díospóireacht -
Tuesday, 24 Oct 2006

Vol. 626 No. 1

Adjournment Debate.

Illegal Fireworks.

Mr. Costello

This matter relates to the need for the Minister for Justice, Equality and Law Reform to take steps to prevent the placing of advertisements in the Border region of the Republic in respect of the sale of illegal fireworks in Northern Ireland. I raised the issue of the sale of illegal fireworks in this jurisdiction approximately two weeks and made some suggestions as to what the Minister should do. He subsequently made an announcement regarding the 2006 Act and the advertising campaign. I did not, however, realise the full extent of the problem and the ineffectiveness of the Minister's response until I was travelling between Donegal and Dundalk a week ago, when I had the opportunity to observe the disastrous situation that arises when the law in one jurisdiction is the opposite to the law in the neighbouring jurisdiction.

In the Republic, it is an offence to possess a firework with intent to sell or supply under the Minister's new Criminal Justice Act 2006. Moreover, it is an offence to light an unlicensed firework. The penalty for each of these offences is a fine of up to €10,000 or five years imprisonment, or both. The simple possession of a firework attracts a €10,000 penalty. These are severe penalties. Across the Border in Northern Ireland, however, unlimited quantities of fireworks are legally on sale in bona fide retail outlets and in wholesale warehouses. I saw no Garda presence of any sort along the Border to deter purchasers from the Republic crossing into the North or to confiscate their criminal cargo on their return.

To further underline the stupidity of the situation, there were hoardings and signposts erected in the Republic advertising the illegal goods available for sale legally in the neighbouring jurisdiction. The Minister's new penalties and offences in the legislation ring very hollow, particularly as he has not taken steps to ban the advertising of illegal goods along the Border or to increase patrols to deter purchasers or confiscate illegal goods from motorists returning to the Republic. Most important, he has not taken steps to discuss with his counterparts in Northern Ireland the illogicality of having diametrically opposed legal positions on the possession and use of fireworks in the two jurisdictions. The only solution to the annual explosion of fireworks in the run up to Hallowe'en is to bring forward proposals to synchronise the legislation on an all-Ireland basis. Either fireworks should become legal under strict controls in both jurisdictions or they should be banned in both jurisdictions.

Last year in Northern Ireland there was a whopping 56% increase in injuries involving fireworks and there is a campaign afoot in schools there to reduce accidents this year. There is a strong case for banning them in both jurisdictions. It is high time an effective approach was agreed so that elderly people will not be obliged to dread the imminent arrival of Hallowe'en and that parents will not be worried about injuries to their children from dangerous explosive devices in the hands of irresponsible people.

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

The Tánaiste is aware that a number of persons and companies in Northern Ireland which manufacture and/or sell fireworks in that jurisdiction advertise their products in the Republic. However, before addressing the issue of advertising, I wish first to outline the law and current policy relating to the control of fireworks.

The Explosives Act 1875, as amended by the Criminal Justice Act 2006, governs the importation, manufacture, storage and sale of fireworks. While the law does not specifically ban the importation, manufacture, sale or use of fireworks, they may only be imported into Ireland on foot of an importation licence granted by the Minister for Justice, Equality and Law Reform. It is current policy, in the interests of safety and security, to restrict, to the greatest extent possible, the availability of fireworks to the general public. Effect is given to this policy through the use of the licensing powers, conferred on the Minister for Justice, Equality and Law Reform by the 1875 Act. Licences are only issued for the importation of fireworks used in organised displays, conducted by professional or competent operators. In effect, this policy means that the only fireworks imported into the State under licence and "legally held" are those used in professional displays. All other fireworks imported, held, sold or used in this country are illegal and any person in possession of fireworks without a valid licence is liable to prosecution.

Last year, the Tánaiste commissioned research into the public's attitude to current policy on the control of fireworks. The general conclusion of the research was that people are generally in favour of the thrust of the current policy of prohibiting the importation of fireworks for sale to members of the public.

On the question of prohibiting the advertisement in this jurisdiction of fireworks for sale in Northern Ireland, the House will be aware that the sale of fireworks there is not illegal. It is, therefore, open to any person who wishes to import fireworks into this jurisdiction, on foot of an importation licence issued by the Tánaiste, to purchase fireworks in Northern Ireland. While the question of advertising generally, and the accuracy of the advertisement content, is a matter for the Minister for Enterprise, Trade and Employment, it seems that in the circumstances one could not prohibit in this jurisdiction the advertising of fireworks for sale in Northern Ireland.

The question of advertising of fireworks for sale in this jurisdiction is, however, a different matter. As already stated, while our law does not ban the importation of fireworks for sale, it is current policy not to issue licences for the importation of fireworks for sale here to the general public. As a result of recent changes in the law, any person found in possession of fireworks for sale, or with intent to supply, will be liable on conviction on indictment to a fine of up to €10,000 or up to five years imprisonment, or both.

The Tánaiste is fully aware of the difficulties which the illegal use of fireworks present each year at this time, the distress they cause to people, particularly the elderly, and the dangers they pose. Conscious of this, he introduced, in the Criminal Justice Act 2006, a number of amendments to the Explosives Act 1875. These provide for new offences governing the misuse of fireworks in public places and an offence of possession of illegally imported fireworks with intent to supply. They also provide for significantly increased penalties governing the illegal importation, sale and use of fireworks. These new offences and penalties are that it is an offence for any person to possess a firework with intent to sell or supply, without a licence; it is an offence to throw an ignited firework at any person or property; and it is an offence to light unlicensed fireworks in a public place. The penalty for such offences is a fine of up to €10,000 or five years imprisonment, or both.

The simple possession of fireworks without a licence is also an offence for which a person may be liable to a fine of up to €10,000. This year, for the first time, the Tánaiste embarked on a nationwide advertising campaign designed to generate knowledge among members of the public that it is illegal to possess fireworks without a licence, to bring to their attention the new offences and penalties for the illegal possession and use of fireworks introduced under the Criminal Justice Act 2006 and to improve awareness of the danger of fireworks. The campaign is national in nature, comprising print, radio and outdoor advertisements and will run up until Hallowe'en. In this regard, it should be noted that large advertising billboards with the clear and simple message of the campaign, "No Licence — No Fireworks", and outlining clearly the penalties, have been strategically located in the Border counties.

In the lead-up to Hallowe'en each year, special efforts are made by the Garda to combat the illegal importation, sale and use of fireworks. Where necessary, specific policing plans are put in place in areas where particular problems can arise. These plans include intelligence gathering on known dealers and suppliers and, once identified, putting plans in place to arrest them and seize their stocks of illegal fireworks.

This year an intelligence-led operation — Operation Tombola — which aims to prevent and detect the organised importation for sale of fireworks, has been put in place by the Garda Commissioner. In this context chief superintendents throughout the country have been instructed to introduce measures appropriate to their respective areas of responsibility, with particular emphasis on Garda divisions in the Dublin metropolitan region and Border areas. The operation, while being intelligence-driven, is also coupled with sporadic high visibility policing activities. Operation Tombola commenced on 25 September 2006 and, to date, there have been 30 seizures of fireworks with an estimated value of €87,000.

In the past five years, operations of this kind have resulted in significant seizures of illegally imported fireworks with an estimated value of over €2 million. All fireworks seized are forfeited by the person possessing them and destroyed in accordance with the provisions of the Explosives Act 1875.

An Leas-Cheann Comhairle

The Minister of State's time is exhausted and he must conclude.

Mr. C. Lenihan

I will forward the remainder of my reply to the Deputy if he so wishes.

Mr. Costello

The Minister of State is very kind.

Anti-Social Behaviour.

Mr. Crowe

I wish to raise the issue of safety on our public transport system, following an incident last week in Tallaght where a young man was thrown out of the top window of a bus. This is the latest in a series of such incidents. Something similar happened a few years ago in Tallaght when buses were stoned. Elected representatives, members of the Garda, the community, the unions and South Dublin County Council met to try to resolve the situation. Unfortunately, these incidents continue to occur.

I have a list of incidents that have occurred recently, which includes passenger abuse, a row on a bus, drug taking on a bus, a child assaulted on a bus, bottles thrown on the upper saloon of a bus, abuse of a driver, spitting at a driver, passengers causing disturbances, a man set on fire, broken windows, stone throwing, syringes found on the upper saloon, anti-social behaviour, fighting on the upper saloon of a bus, youths setting fire to a bus with lighters, youths setting fire to a bus with paper and passengers assaulted. These are just some of the incidents that have been reported to the Garda and to Dublin Bus. What is happening is unacceptable. We need to look at the serious incident that occurred on Friday and come up with new ways of tackling the problem that exists.

The current system that operates in Tallaght is called Operation Saferoute, but I presume it operates elsewhere in the city. These assaults are not just happening in the Tallaght area as it is a general problem. When people use public transport they expect the service to be safe, clean, reliable and to be reasonably priced. Having listened to the list of incidents I have read out, I do not think that anybody would feel safe getting on a bus. We were assured a few years ago that CCTV would be put in every bus. However, that has not happened. The drivers, management, gardaí involved and members of the community all suffer due to these incidents. The community suffers because the buses are withdrawn and because members of the community are often victims on the buses. The drivers suffer because they are terrified of the incidents that happen and of being assaulted. The Garda Síochána is suffering due to the bad publicity involved and Dublin Bus is also suffering because people are less likely to get on the bus. A different response is needed.

We need a higher visibility of gardaí in the area, which will not be a drain on resources. However, we need extra resources as well. In other jurisdictions there are river police, transport police and so on. We need to look at that in the long term. In the short term, we need to provide assurances to the travelling public that the buses will continue to run and that this hooligan element will be removed.

Mr. O’Connor

I thank the Leas-Cheann Comhairle and the Ceann Comhairle for facilitating us in this matter. The timing was critical because there has been much adverse publicity in recent days about the Tallaght region. It is very important that we make the point that this is not just about Tallaght. We are very sensitive about the image being created of Tallaght, but these problems need to be addressed. Deputy Crowe and I attended the Dublin Bus community forum in Killinarden Enterprise Centre this morning. The Garda representation was headed by the superintendent and the local inspector. Dublin Bus management and unions and members of the community were also there. We all made the point that action must be taken.

If there are problems on our buses, Dublin Bus has a duty to ensure that the bus service is preserved and protected on behalf of the local community. It is not good enough to take the easy option every time a problem occurs. The people of Tallaght will not tolerate this situation and they want their bus service protected and preserved. We are raising this matter tonight to tell the Minister for Justice, Equality and Law Reform to allow the Garda to maintain vigilance and take new actions for our bus service in Tallaght.

I compliment all of my colleagues who attended this morning's meeting. It was tense but we did much good work and I compliment everyone involved, including the Garda, Dublin Bus management and unions and the members of the community. We are all united on this issue. We are fighting to ensure that the bus service is protected. There have been a number of unfortunate incidents in recent weeks. A few weeks ago, the bus services were withdrawn from a point west of the Square because of difficulties. A serious incident occurred last Friday and I am sorry that the young man was identified by some of the media today. His family is anxious to maintain a low profile while he recovers. We send him our best wishes and hope that he makes a good recovery. The incident highlights the difficulties that we are having. Resources must be made available to the Garda to allow it to work with Dublin Bus to ensure the continuation of bus services in Tallaght and to protect the service on behalf of the community.

Mr. C. Lenihan

I thank the Deputies for raising this matter and I am aware of recent media reports on the matter. I am deputising for the Tánaiste and Minister for Justice, Equality and Law Reform who is unavailable at this time. The Tánaiste shares their concern and that of the public about anti-social behaviour, including the recent serious attack on a young person on a bus. The Tánaiste was appalled to hear of this senseless and potentially fatal attack on the young man. On behalf of the Tánaiste and myself, I wish him a speedy recovery from his injuries.

Strong provisions are already in place to combat anti-social behaviour. The recently enacted Criminal Justice Act 2006 contains further provisions to deal with anti-social behaviour. The provisions allow a senior member of the Garda Síochána to apply to the District Court by way of a civil procedure for an order to prohibit an adult from behaving in an anti-social manner. For children aged 12 to 18 years, specially tailored provisions, fully integrated into the Children Act 2001, allow for a number of steps to be taken. These also culminate in court orders for those engaged in anti-social behaviour.

The relevant provisions of the Act will be commenced following consultations between the Tánaiste's Department, the Office of the Minister for Children and the Commissioner of the Garda Síochána. Section 1(3) of the Act makes specific provision to this effect. The purpose of this is to ensure that these provisions will be commenced only after the Commissioner has had the opportunity to make the necessary internal arrangements to ensure the smooth introduction of these new procedures.

The Tánaiste is informed by the Garda authorities that Garda management within the Dublin metropolitan region has an excellent working relationship with the management of Dublin Bus. Regular contact is maintained and any issues raised are dealt with promptly. The Dublin Bus community forum is in place to address anti-social behaviour on buses and meets regularly. Local Garda management and community leaders from the Tallaght area participate in the forum along with Dublin Bus management and union representatives. Local Garda management met with Dublin Bus management following the incident and this was followed by a meeting of the community forum.

Local Garda management, in conjunction with Dublin Bus, has put Operation Saferoute in place to address public order issues on public transport in the Tallaght area. This involves members of the local community policing unit travelling on Dublin Bus services in the Tallaght area in order to prevent and detect incidents occurring on public transport.

The Tánaiste understands the Garda authorities are actively investigating the incident referred to by both Deputies. Five juveniles were arrested following an examination of CCTV footage from the bus on which the incident took place. It is expected that an investigation file will be submitted to the national juvenile office when these inquiries are completed.

I am informed that the Department of Transport has provided €2.8 million for the provision of new digital CCTV on Dublin Bus buses, through the national development plan. Dublin Bus currently uses CCTV to assist in investigating incidents on board buses as well as assisting in identifying the perpetrators of acts of vandalism. In this way Dublin Bus aims to deal with the threat of anti-social behaviour on board and in the immediate vicinity of the bus.

One of the big advantages of the new technology being used is that the quality of the images is much improved. Up to eight cameras can be fitted to each bus. This allows Dublin Bus to produce much clearer images to the Garda Síochána when pursuing individuals and bringing them to account for their activities. The Garda Síochána and Dublin Bus work very closely in this area and Dublin Bus is very appreciative of the support and assistance provided at local level by the Garda Síochána.

Other security measures taken by Dublin Bus include the fitting of all buses with radios enabling almost instant contact with supervisors and the Garda Síochána. In addition Dublin Bus has fitted security screens to all buses to protect drivers and all buses have alarm sirens fitted.

Garda personnel resources have been significantly increased by the Government. The total strength of Tallaght Garda station at 2 October 2006 was 173, all ranks. By comparison, the total strength of Tallaght Garda station at 31 December 1997 was 133, all ranks. This represents an increase of 40, or 30%, in the number of personnel allocated to Tallaght Garda station since that date.

Local Garda management is satisfied with the measures which are currently in place to combat public disorder and other anti-social behaviour on public transport in the Tallaght area. Garda management is not complacent but will continue to focus the resources available where they are most needed.

Health Services.

Mr. Crawford

I thank the Ceann Comhairle for the opportunity of speaking on the Teamwork report. With apologies to the Minister of State, Deputy Conor Lenihan, I would like to have seen a Minister from the Department of Health and Children come to the House to discuss this major national report, which contains 115 pages in total. We will not be able to do it justice in ten minutes but it is vital to Monaghan General Hospital.

That hospital has been the subject of more reports than any other. One of the most important of those reports was carried out by Mr. Bonnar. Its findings were to have been implemented and funded but in the end it was ignored. His report showed what could be done with safety in mind at the hospital. The Teamwork report highlighted many difficulties due to the Government failure to do what the Bonnar report and other proposals recommended. The Government failed to provide the promised staff and even forced others to leave. Monaghan General Hospital's brand new theatre was often left idle while the State, through the National Treatment Purchase Fund, paid others to carry out operations in some less well-equipped private hospitals. Monaghan General Hospital was carrying out such work for Northern Ireland before the then Minister, Deputy Martin, allowed it to be taken off call.

During the years that Monaghan General Hospital was off call, many lives were lost. The Teamwork group was brought in to look at the overall north-east region that suffered serious problems as a lack of leadership led to issues being dealt with through the courts system. This lack of management was highlighted by the independent Pat Joe Walsh report. It substantiated what I and others highlighted in this House on many occasions but was ignored by the Minister.

Mr. Chris Lyons, who is in charge of the hospital group, recently stated that the Teamwork plan was based on international best evidence and that it was a unique opportunity to lead health care in Ireland towards a model which provides best quality care.

In a reply to my parliamentary question, the Minister assured me that no service would be taken away until a better service was put in place, yet Mr. Lyons is now rushing ahead to close down services in Monaghan General Hospital and using all sorts of spurious excuses. He told us recently that the Teamwork report was a bottom-up exercise but in reality the Teamwork report personnel refused to meet anyone who knows or cares about the patients and users of Monaghan General Hospital.

Several Ministers, including the Minister of State's brother, Deputy Brian Lenihan, promised that meetings would be arranged with those who understood and were willing to discuss the issue of the Teamwork report, but this did not happen. The report was published and the Government allowed for its implementation without debate in the House.

The first proposal was to centralise all level three care at Our Lady of Lourdes Hospital, Drogheda. It was proposed to close units in Cavan, Louth and Dundalk as well as Monaghan. It is known that Drogheda is not able to cope. This was obvious when they had to send Pat Joe Walsh to Monaghan at a time when it was clear he was not fit to be moved, yet it is Monaghan that is under question. When the report was issued, the Minister for Health and Children, then Tánaiste, stated that Monaghan would have to be closed while Our Lady of Lourdes Hospital got off scot free.

A young handicapped man had his life saved by Monaghan hospital just last month. His parents asked me to put this on the record of the House. From what was said today on local radio, it seems that Mr. Lyons now seems to be moving the critically ill patients to Cavan, yet there is no room there except on trolleys. Cavan hospital is also to be closed. What is the Minister doing about this? Has she any understanding or care? She has never once visited Monaghan General Hospital and it is clear she does not want any open or frank discussions about it.

I thank the Minister of State for coming to the House to reply but I urge him to ensure that the House has a full discussion on this major report. Mr. Chris Lyons has stated this report is not just applicable to Monaghan General Hospital but is a template for all Ireland. I hope the Government backbenchers will wake up to that fact and realise the serious implications it will have for an all-Ireland health service.

Mr. C. Lenihan

I will reply on behalf of my colleague, the Minister for Health and Children, Deputy Harney. I am informed that all Ministers associated with the Department of Health and Children are on ministerial duties associated with their portfolios this evening.

Mr. Crawford

They are certainly not in Monaghan.

Mr. C. Lenihan

The Health Service Executive has recently established a steering group and a north-east project group to oversee a programme designed to improve safety and standards across the acute hospital network in the north-east region. The decision was taken having regard to the issues raised in the report prepared for the HSE by Teamwork Management Services, entitled Improving Safety and Achieving Better Standards — An Action Plan for Health Services in the North East, and taking account of the findings of the recent report into the death of Mr. Patrick J. Walsh. Led by the HSE's national hospitals office, the steering group has representation from key stakeholders such as clinicians and primary care providers. The project group is being led by a consultant surgeon from outside the region.

The Teamwork report concluded that the present system, where five local hospitals deliver acute care to relatively small populations in the region, is exposing patients to increased risks and creating additional professional risks for staff. The report highlights the need to develop a high quality and responsive emergency and planned service, in line with international standards, by developing local services within existing hospitals and other local centres supported by a new regional hospital. The HSE recently published the report of the independent inquiry into the death of Mr. Walsh. The report details the difficulties that arose in trying to secure Mr. Walsh's transfer from Monaghan to either Our Lady of Lourdes Hospital, Drogheda, or Cavan General Hospital. It also exposes a failure in communications between clinicians and hospitals in the region. Since the death of Mr. Walsh, a new protocol for patient transfer has been put in place. It provides that all requests for transfer from Monaghan General Hospital to Cavan General Hospital or Our Lady of Lourdes Hospital, Drogheda, should be granted and processed immediately.

International best practice demonstrates that patients have better outcomes when treated in hospitals with appropriate numbers of specialist staff, high volumes of activity and access to the right diagnostic and treatment facilities.

Patient safety and quality must be paramount and must be the key drivers in the reconfiguration of our acute hospital services. The policy of the Government is to provide safe, high-quality services that achieve the best possible outcomes for patients. This will mean rebalancing service delivery so that those services that can be safely delivered locally are delivered locally and that more complex services that require specialist input are concentrated at regional centres.

The HSE has given the Minister an assurance that, in progressing the implementation of the teamwork report and the report of the independent inquiry into the death of Mr. Walsh, there will be no discontinuation of existing services until suitable alternative arrangements have been put in place.

Schools Building Projects.

Dr. Devins

I thank the Leas-Cheann Comhairle for allowing me raise the important issue of a new school for Dromore West in County Sligo. Dromore West Central national school is situated in Dromore West village in west Sligo. Dromore West is a designated growth area under Sligo County Council's development plan. It has experienced rapid growth in population in the recent past. The school is in a bad condition and in urgent need of replacement. Unfortunately, this has been the position for some time.

There have been ongoing discussions between the board of management and the Department as to whether a new school should be built or whether the existing school should be reconstructed and extended. I am pleased to say that agreement has been reached that a new school is the answer. That is the correct way forward. There has been much discussion locally and great interest in the future of the school. In that regard, the board of management, teachers and parents are to be congratulated on their commitment to and interest in the school.

I would be grateful if the Minister of State would outline to the House and for the people of Dromore West the current status of the school's application for a new building. I have spoken with the Minister for Education and Science, Deputy Hanafin, and have communicated with her and her Department in regard to the school on many occasions. I know the Minister of State is well aware of the need for a new school. I strongly urge that Dromore West Central national school be included in the 2007 schools building programme.

The children, parents, teachers, board of management and wider community in Dromore West village and its surroundings are badly in need of this new school. I ask that the school be sanctioned early in the new year.

Mr. C. Lenihan

I thank the Deputy for affording me the opportunity of outlining to the House the position of the Department of Education and Science regarding Dromore West Central national school, Dromore West, County Sligo.

The building project for Dromore West Central national school was one of a number of schools that the Department of Education and Science announced in 2005 to progress through architectural planning. This project is at stage 3, developed sketch scheme, of architectural planning. The brief on the project is to provide adequate accommodation for a principal plus four classroom teachers with the possibility of future expansion. It has not yet been decided whether this accommodation will be provided by means of an extension to the current school or a new school building.

A letter issued to the board of management in May 2006 requesting additional stage 3 information. This information was submitted by the board of management in August 2006. The stage 3 submission received in the Department deviated from the agreed brief for the building project and consequently the Department wrote to the board of management seeking a revised stage 3 in accordance with the agreed brief. When the revised stage 3 submission is received in the Department, a meeting will be convened which will involve the board of management representative and the design team presenting the submission, outlining key aspects of same. Any issues or commentary by the Department will be addressed at the meeting.

The minutes of the meeting will issue to the school afterwards as a formal record of the meeting. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stage of architectural planning subject, if necessary, to formal receipt of confirmation by the school from the design team that issues raised by the Department have been addressed.

The design and planning of the project is covered by stages 1 to 5, during which the project is developed from the assessment of site suitability, through the detailed design, including the obtaining of planning permission, to the point where detailed bills of quantities are prepared. In the case of all large capital projects currently on hands, progression of projects to construction will be considered in the context of the school building and modernisation programme 2006-2009.

I thank Deputy Devins for raising the matter. I know he has the interests of constituents and parents in mind when he addresses this matter. I thank him for his sustained interest on my own behalf and that of the Minister for Education and Science.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 25 October 2006.