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Dáil Éireann díospóireacht -
Thursday, 2 Nov 2006

Vol. 626 No. 5

Crime Levels.

I thank the Ceann Comhairle for allowing me to raise this matter on the Adjournment. I am disappointed a Minister from the Department of Justice, Equality and Law Reform is not here. I raised this matter approximately one year ago and there was some response. There was an increase in the number of gardaí in Tralee but there is much more to do.

Recently, there have been a number of very vicious assaults on people in Tralee town. Last week alone, there were two assaults which were extremely brutal. During the early hours of Saturday morning, a man was attacked by three others in the Strand Street area. In a separate incident, a man was assaulted in the Mary Street-Abbey carpark area at approximately 12.30 a.m. on Sunday. Both victims were hospitalised. The mother of one of the victims spoke this week of her son's injuries, claiming that he had obtained a fractured cheek bone, bruising to an eye and cuts to the head which required stitches in what was a completely unprovoked attack. The psychological wounds, which cannot be seen so easily, are also very damaging.

A fortnight ago, the victim of another unprovoked attack in Tralee was close to losing an eye. The assault on two men which happened in the early hours of Sunday morning on Russell Street was described by an eyewitness as being particularly vicious. The wife of one of the victims of this assault said she and her husband were naturally very angry about the assault and she described what happened as unbelievable. Incidentally, these people were visitors to the town and they said they would be very slow to return to it again.

Residents along the old Tralee-Fenit railway line have been living in terror following a series of assaults in the area this year. Early this year, a cyclist in his 20s was assaulted on Killeen Road by two men brandishing weapons and wearing balaclavas. The man's assailants jumped from a car and began to beat him around the head and body with what was believed to be a baseball bat. The man who sustained head injuries was taken to Kerry General Hospital.

I have also received a considerable amount of anecdotal evidence that many more assaults take place in Tralee which are not reported to the Garda. From speaking to many young people who socialise in Tralee at weekends, the town has become a rather dangerous place in which to be during the early hours of Saturday, Sunday and Monday mornings. Many of the people who cause trouble in the town are not locals.

Taxi drivers in the town have told me of many unprovoked attacks on their colleagues while working at night. Last year, representatives of the taxi association in Tralee were in the House when I raised this matter. They came up specifically to meet the Minister for Justice, Equality and Law Reform. They met the junior Minister on that occasion to point out what was happening in Tralee.

The gardaí are doing their best and I appeal to the Minister to ensure as many foot patrols as possible in the town from now until Christmas, in particular. This should be possible. The town's CCTV cameras are not functioning properly and, as a result, parts of the town which should be monitored are not being monitored. Surely it should be possible to have CCTV surveillance repaired to ensure it acts as a major deterrent to crime. I am sure we all agree it is pointless having cameras which do not work.

The local policing forum, which was recently established in Tralee, has a role to play in tackling this issue. However, the forum's membership should be more broadly based and it should meet more often. From a preventative perspective, parents, teachers and others who are in contact with young people must continue to educate them about the immorality and danger of the type of behaviour to which I have referred. I hope the Minister of State, in his reply, will give some guarantee that there will be additional Garda foot patrols in the town. I hope this matter is taken seriously and that all possible support will be given to the local gardaí to ensure they can stop the increase in anti-social behaviour in Tralee and, if possible, make it a matter of history.

I thank the Deputy for raising this matter on the Adjournment. I am speaking on behalf of the Tánaiste and Minister for Justice, Equality and Law Reform, who is unable to be present. I assure the Deputy that the Tánaiste and I share his concerns about recent incidents in Tralee. Earlier this year the Minster of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, met Deputies from north Kerry, including Deputy Deenihan, and representatives of the Tralee taxi drivers to discuss this and other matters.

Before commenting on the matter raised by the Deputy, it is helpful to put the issue of crime into perspective. The level of headline crime in 2005 is lower than that for 2002 by 4.4%. Furthermore, in 1995, with a population of almost 3.6 million people, there were 29 crimes per 1,000 of the population, while in 2005, with a population of over 4.1 million, there were 24.6 crimes per 1,000 of the population. The most recent set of quarterly crime figures, for the third quarter, released for the first time by the Central Statistics Office, shows a decrease for the quarter of 1.6%, compared with the same quarter last year.

The Tánaiste is giving the highest priority to providing the resources to the Garda Síochána to tackle and prevent crime. He is very pleased that the personnel strength of all ranks of the Garda Síochána increased to a record 12,762 on 8 September, following the attestation of 249 new members. This compares with a total strength of 10,702 in all ranks at 30 June 1997 and represents an increase of 2,060, or 19%, in the personnel strength of the force during that period. Furthermore, the Garda budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.

The personnel strength of the Kerry division on 25 October this year was 290, while at the end of 1997 it was 230 in all ranks. This represents an increase of 26%, or 60, in the number of personnel allocated. With regard to Tralee Garda station, the personnel strength at the end of 1997 was 76 in all ranks, while on 25 October this year it had reached 95 in all ranks. This represents an increase of 25%, or 19, in the number of personnel allocation.

The current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the agreed programme for Government, is fully on target. This drive will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the force later in the year. Further tranches of approximately 275 newly attested gardaí will follow every 90 days thereafter until the programme is complete. The Garda Commissioner will now draw up plans on how best to distribute and manage these additional resources and in this context the needs of the Kerry division will be given the fullest consideration.

Strong provisions are already in place to combat anti-social and unlawful behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994, which modernised the law in this regard. Furthermore, because of the Tánaiste's concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, he brought forward tough new provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. The Criminal Justice (Public Order) Act 2003 provides the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

The Deputy will be aware that the recently enacted Criminal Justice Act 2006 contains an essential updating of our criminal law to ensure that criminal offences can be investigated and prosecuted in a way which is efficient and fair and which meets the needs of modern society. It also contains provisions to deal with anti-social behaviour by adults and juveniles. The Garda Síochána is working on the procedures that will enable the relevant parts of the Act to be commenced in the near future.

The Tánaiste attaches great importance to the development of a real partnership between the Garda Síochána and local authorities on matters affecting policing. His intention and that of the Oireachtas, as set out in the Garda Síochána Act 2005, is that joint policing committees and local policing fora established under them will provide arenas where the Garda Síochána and local authorities can co-operate and work together to address local policing and other issues.

The Tánaiste, with the assistance of the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs, and the Garda Síochána, has issued guidelines for the operation of a number of joint policing committees on a pilot basis. These committees, which are made up of Oireachtas Members, local authority officials, representatives of local community and voluntary organisations as well as members of the Garda Síochána, are intended to further strengthen connections between gardaí and local communities and improve input from democratic representatives into policing policies. Tralee is included in the pilot phase and I understand that the committee has commenced its work.

I am informed by the Garda authorities that, to date, there have been a total of 16 serious assaults reported in Tralee, 11 of which have been detected. The gardaí expect that further detections will be made, including for recent assaults. I am also informed that in a further effort to address public disorder in the town and reduce the numbers of people leaving licensed premises and food outlets at the same time, special exemptions until 2 a.m. only are now being granted by the District Court for the Tralee area. The CCTV system in place in the town is being reviewed to ensure optimum effectiveness. Additional patrols by uniformed and plain clothes gardaí have also been put in place by local Garda management to address the problems caused by unacceptable behaviour in the town.

Local Garda management will continue to utilise the resources necessary to combat this behaviour. The joint policing committee also has a central role to play in mobilising the local authority and the local community to do their part.

Social Welfare Benefits.

I thank the Ceann Comhairle for affording me the opportunity to raise this matter. This is a particularly tragic story and I thought the Minister for Social and Family Affairs would have been here in person to address it, although that is no reflection on the Minister of State, Deputy Killeen.

This is the story of a man and his wife who were self-sufficient. He worked in this country for a number of years, for the ESB and for several other employers. He then emigrated to Canada, where he also worked for a number of years. Then, tragically, he suffered a stroke and had to return home. All his family's aspirations had to go by the board. He did not even have a home when he returned from Canada. His case was first brought to my attention in May or June of last year and I tabled a question to ascertain why he was not in receipt of an invalidity pension, to which he was entitled. His wife had been told that he was not entitled to the payment because he did not meet the usual requirements. However, from my knowledge of the social welfare law, I believed he was entitled to a pension and, indeed, he eventually received the payment when a decision was made to award him the invalidity pension.

Subsequently, it transpired that he may have had an entitlement to an invalidity pension back-dated to 2001. He was living in this country at that time, was eligible and should have qualified. I tabled a parliamentary question to that effect, only to be informed that the first decision made in his case was made in error. The Ceann Comhairle, being a medical practitioner, would have questions to ask in the face of such a decision. I also have questions to ask because I believe it is an appalling decision. Apart from that, however, it is also a wrong decision, based on social welfare law.

In the original decision, consideration was given to the awarding of 14 contributions which related to the 2001 tax year and the rounding up and down of figures for that short tax year. Somebody determined that this should not be calculable from the point of view of qualification. That decision is wrong in law and there is no basis for it. Once contributions have been awarded, they are calculable. An appalling injustice has been done to this unfortunate man and his family as a result of a callous decision which the Minister of State, Deputy Killeen, and the Minister for Social and Family Affairs, Deputy Brennan, would not allow had they been aware of it. If I were in the Minister's position, I would not allow it. Indeed, I was in that situation previously, as one invariably is when one holds that portfolio.

I know what the answer will be to my question today. The Minister of State does not even have to read out the response, I could quote it for him. A severe injustice has been done to the individual concerned. It behoves the Minister to ask for the file and to order the upholding of the original decision.

This is the least to which this unfortunate man is entitled and I ask the Minister of State to do so.

I thank Deputy Durkan for raising this issue. I am responding on behalf of the Minister for Social and Family Affairs, Deputy Brennan.

The parliamentary question to which the Deputy refers concerns a person who is currently in receipt of an invalidity pension. Prior to being awarded an invalidity pension, he was in receipt of disability allowance with effect from 19 September 2001. The person concerned applied for an invalidity pension on 13 June 2006 and was awarded the pension from 15 June 2006.

Following a review of his entitlement, it was decided that the person concerned was not entitled to invalidity pension as he did not have a total of 48 PRSI contributions paid or credited in the 2005 tax and PRSI contribution year, which was the last tax year before his claim was made. The case has now been further reviewed and I can confirm that the person concerned does not have an entitlement to invalidity pension.

He does.

The error made when his claim for invalidity pension was originally decided arose from the award of PRSI credits at that time in respect of the period during which he was in receipt of disability allowance. In order to qualify for such credits, the person concerned must have had at least 26 reckonable PRSI contributions paid in the two years prior to the award of disability allowance. He has only 13 paid contributions in that period.

The Deputy will recall that the tax and calendar years were aligned from January 2002. Prior to that, the tax and PRSI contribution year ran from 6 April to the following 5 April. The alignment of the tax and calendar years meant that the last tax and PRSI contribution period prior to 2002 was shorter than usual, running from April to December 2001.

Regulations were made at that time to provide for award of special contributions in that short tax year 2001, to take account of the inability of PRSI contributors to pay the normal 52 contributions in that short tax and PRSI contribution year. Such special contributions are reckonable only for the particular purposes specified in the regulations.

That is not true.

They are not reckonable for the purpose of the award of PRSI credits.

The original decision to award invalidity pension in the case raised by the Deputy was dependent on the award of such credits.

That is correct.

As he is not entitled to PRSI credits for the period during which he was in receipt of disability allowance, he does not meet the PRSI contribution conditions for receipt of invalidity pension.

He does and he will.

The person continues to have an entitlement to disability allowance. Arrangements are being made to revoke the invalidity pension and restore the disability allowance.

That is a lousy decision.

The inconvenience caused to the person concerned arising from the incorrect award of invalidity pension is very much regretted.

There will be several other debates in this regard before the matter is resolved.

I will raise this matter with the Minister.

I thank the Minister of State.

School Closures.

Astonishingly, during the past two and a half years, this is the fourth time that I have been obliged to raise the issue of the historic Greendale community school in my constituency of Dublin North-East as an Adjournment matter. I thank the Ceann Comhairle for always facilitating me in this regard.

Around the time of the devastating announcement that Greendale community school was to close, I urged the then Minister for Education and Science, Deputy Noel Dempsey, to ensure that the school would remain open. Unfortunately, however, my plea fell on deaf ears at the time. Amazingly, when I raised the issue with the current Minister for Education and Science, Deputy Hanafin, the same situation applied. At the time of the closure announcement in 2004, I described it as a terrible body blow to both Kilbarrack parishes in Dublin North-East. The closure's aftershocks are still being felt and unless the campus is retained for community and educational purposes, there will be a hole in the heart of the community.

The principal, Mr. Anton Carroll, and his wonderful teaching staff during the past 32 years should be commended warmly for their exceptional work for the people of Kilbarrack and its environs, as well as for the inclusive ethos for which the school was so famous. It also had an extremely distinguished staff of hard-working teachers during those years, including the great Irish novelist Roddy Doyle, the great playwright Paul Mercier and the iconic Dublin football star, Brian Mullins, all of whom served at length. Consequently, it was not surprising that two and a half years ago people became distraught at the news that the school would close.

Local residents in the Greendale Road district of Foxfield St. John's parish are extremely concerned regarding the future of the campus. Throughout Dublin North-East, it is feared greatly that the campus might somehow end up in the hands of a developer, thus resulting in a completely inappropriate high density high rise development in which profit, rather than the needs of the people, is the only criterion. Throughout Dublin North-East, massive high rise and high density developments are still under way. I have raised this issue in the House previously. The 2006 census returns measured a change from population decline to the beginning of an increase in population. Is it still possible that this school might be required for first or second level education uses?

Another great feature of the school is that it is still home to approximately 1,000 students on adult education programmes. Greendale has always been a second chance gateway to third level education through its association with Trinity College, Dublin. It carries out extremely valuable work and in an era of lifelong learning, the campus could have a future in the area of third level education.

It has also been a critical community resource over the years. Groups such as Kilbarrack and District Residents Association, the Kilbarrack Community Development Project, the Kilbarrack resource centre and many other groups, including our two great local clubs, Naomh Barróg GAA club and Kilbarrack United football club, have all used the facility. Hence, when I last raised the issue, the Minister of State at the Department of Education and Science, Deputy Brian Lenihan, stated that he would examine all possible uses. The key wish is that greedy developers' hands should be kept off the campus.

I wish to raise a final possible use for the campus. It has been noted that in areas of Dublin with low third level participation rates such as Tallaght and Blanchardstown, the establishment of institutes of technology resulted in a dramatic rise in participation rates. I represent a postal district that has the second lowest national participation rate in third level education. Is it possible to consider the Greendale campus as the planning and development centre for a new institute of technology on the north side? While its central campus could be located on the north fringe, an allied college could be established at Greendale. I call on the Minister to convene urgently a meeting between officials of the Department of Education and Science, the constituency's three Deputies, namely, the two Fianna Fáil Deputies and myself, the five local city councillors, all the local Kilbarrack local development projects and the Northside Partnership. Its purpose would be to consider finally what must be done regarding the future of this campus, because only five or six months remain in which to so do before the school's final closure.

A picture appeared recently in a local newspaper of the principal, Mr. Anton Carroll, some of his staff and parents. It was sad for all concerned to realise that the end of this era approaches. It is the community's wish that the campus should remain in use for community and educational purposes. I urge the Minister of State and the Minister for Education and Science, Deputy Hanafin, to sanction this move.

I thank the Deputy for raising this matter as it provides me with an opportunity, on behalf of the Minister for Education and Science, Deputy Hanafin, to outline to the House the current position with regard to the planned closure of Greendale community school, Kilbarrack, Dublin 5.

Greendale community school was built in 1975 to accommodate 800 pupils. The school expanded quickly to exceed its enrolment capacity. An extension to bring the school's capacity up to 900 pupil places was provided in the early 1980s. In line with demographic changes in the area, the school has experienced a steady decline in enrolments in recent years. Since 1996-97, enrolment has declined by 50% from 449 students to 215 students in the 2003-04 school year.

Greendale community school is located in the Howth deanery, a unit of 13 parishes in the archdiocese of Dublin. The school made an application to the Department of Education and Science for capital grant aid in 1999 for major refurbishment works. A feasibility study commissioned by the Department estimated that an investment of €2.4 million was required to address the remedial works necessary. In the circumstances, the Department did not consider that the level of capital investment required was a viable option. However, grant aid was made available to ensure immediate health and safety issues at the school were addressed.

The Department held meetings with the trustees in 2003 to discuss the future of the school because there did not appear to be adequate pupil numbers in the locality to enable it to regenerate. The trustees advised the Department in March 2004 that a decision had been taken to close the school in June 2007 and that there would be no further intake of pupils from September 2005. The Department of Education and Science concurred with this decision.

When Greendale community school closes in 2007, ownership of the school property, which is currently vested in the trustees, will revert to the Department. In the period leading up to the closure of the school, the Department will consider all available options in regard to the future use of the school property. I again thank the Deputy for raising this matter.

Special Educational Needs.

Go raibh míle maith agat, a Cheann Comhairle, as ucht cead a thabhairt dom an cheist thábhachtach seo a ardú. Tá áthas orm go bhfuil an tAire Stáit inár measc, cé gur mhaith liom fáilte a chur roimh an Aire Oideachais agus Eolaíochta í fhéin mar gheall ar an cheist thábhachtach seo.

The Minister has clearly stated that every child deserves the opportunity to reach his or her potential. She has stated that her aim is to create the environment in which this can be achieved. This laudable statement contrasts sharply with the tortuous and damaging uncertainty that the Minister and her Department have created for one of my young constituents in Balbriggan. One young constituent, Oisín Melia, who was born on 26 April 2002, made repeated visits with his parents to the Mater Hospital child guidance clinic in Swords and was finally diagnosed with autism in June 2005. Fortunately for Oisín, his parents are well informed and well able to fight his case and the Minister for Education and Science has not heard the last of this matter. This matter needs to be resolved and the Minister needs to learn lessons from the progress, or lack of it, to date.

I am in possession of a report by researchers from California State University, Stanislaus, which was given to me by Oisín's parents. This report indicates that most experts in autism agree that the earlier the intervention is delivered, the better will be the outcomes. The report also questions the suitability of treating children with autism with a variety of intervention methods. Thankfully, Oisín's parents have taken this to heart and sought the constancy and routine which a child like Oisín requires to make progress. Considerable progress has, therefore, been made.

A letter from Nessa and Ciarán Melia stated that the Department of Education and Science sanctioned 20 hours' tuition per week. It then stated that Oisín began taking 25 hours' tuition per week in January 2006, with his parents covering the additional cost. The letter stated that since then, Oisín progressed well and began to communicate verbally in the following two months, albeit in a very basic way. His parents also made some progress in respect of toilet training for him. They argued that this would have been inconceivable prior to him receiving applied behavioural analysis, ABA, intervention and stated categorically that this intervention was reaping rewards for their son and gradually opening up potential for the future. The letter went on to state that while they were encouraged by Oisín's progress, they were extremely concerned about the home tuition system under which he received his funding. According to the Minister, such funding is re-examined every six months and the criteria under which it is awarded are currently and distressingly put in doubt.

I ask the Minister to take on board the plight of this family. Life is difficult enough for it without putting it in a position which creates uncertainty. Not only is the Minister creating uncertainty for this family, there is no list of tutors qualified in ABA tuition in the Department of Education and Science. The parents advertised in a newspaper and, luckily, received an excellent Montessori-trained ABA teacher. However, this teacher is finding her position in doubt because of the Department's position. In sanctioning 20 hours, the Department is effectively saying that the hours are acceptable but that it is not too sure about the tuition and who will administer it. This is unacceptable. I ask the Minister to take on board the real and very good advice I have received, which basically reflects on a letter to a Government colleague where the Minister stated that the home tuition scheme provides funding for parents for education at home and it was extended in recent years to facilitate tuition for children awaiting a suitable educational placement.

Deputy Sargent's time has concluded.

I will conclude by saying that there is no authority citing the requirement for a school placement. The area administered by Fingal County Council only has 11 places for a population of 250,000, even if everyone was suitable for a school placement. The Minister will, hopefully, have to meet the parents and tutor in question and visit the location where the tuition is taking place to be satisfied that the best possible tuition is being given to this child at a bargain basement price for the Department.

I ask Deputy Sargent to conclude as he has exceeded his allotted time.

I ask the Minister to take on board the advice. A total of 30 to 35 hours is required internationally for children with autism. Some 20 hours is insufficient and, at least, the Department should leave the tutor in place.

It is unfair to the staff of the House for the Deputy to exceed his allotted time.

I am not keeping them any longer than is strictly necessary.

I thank the Deputy for raising this matter as it provides me with the opportunity to clarify on behalf of the Minister for Education and Science the position of the Department of Education and Science in respect of the educational provision for pupils with autistic spectrum disorders, ASD, and, in particular, associated issues under the home tuition scheme.

The Deputy is aware of the commitment of the Department of Education and Science to ensure that all children, including those with ASD, receive an education appropriate to their needs. The variety of current provision in this regard includes pre-school classes for children with autism, special classes for children with autism attached to special schools and mainstream schools, special classes for children with Asperger's syndrome, as well as a range of supports for pupils with autism integrated in mainstream classes. A pilot scheme has facilitated the establishment of stand-alone facilities providing an ABA specific methodology.

The Department is of the view that children with autism, in common with all children, should have access to appropriate provision delivered by suitably qualified teachers within the school system where the children can mix with their wider peer group and have maximum opportunities for integration. Pupils benefit from having a wider range of ASD teaching methodologies, fully qualified national school teachers, a school structure and the option of integration into mainstream classes immediately available, depending on each child's ability and progress.

Can we talk about the child whose case I raised?

Deputy Sargent should allow the Minister of State to speak.

We are talking about a universal situation.

The Minister of State, without interruption.

Schools have the support of the special education support service which is committed to providing continuing training as appropriate.

The newly established National Council for Special Education and its team of more than 70 special educational needs organisers are also working across the country to ensure that new services are put in place where needed so that children with special needs, including those on the autistic spectrum, have access to appropriate school-based provision.

That would be for children in school, not for those receiving home tuition.

The home tuition scheme administered by the Department provides funding for parents to educate children at home who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement, including children diagnosed with ASD. The child in question has been sanctioned 20 hours per week, which is the maximum allowable under the terms of the scheme.

That is not enough internationally.

On review of a number of applications for home tuition, details concerning the qualifications of some of the proposed tuition providers gave rise to concern. As home tuition takes place outside the normal school framework, the Deputy will appreciate the need to ensure that tuition providers are appropriately qualified to educate the children concerned.

Why does he not explain this?

I ask the Deputy to behave.

The usual requirement is a fully qualified teacher. However, other qualifications are acceptable, depending on the individual needs of the child. In this context, a review of qualifications is under way in consultation with the Department's inspectorate. Nominated tuition providers with qualifications other than teaching qualifications have been accepted for the first school term this year to allow time to establish the suitability of the range of qualifications submitted. As the process progresses, the parents concerned will be informed of the decision which will result in approval for subsequent terms of the nominated tuition provider or direction to recruit a tuition provider with suitable qualifications. It is important to stress that the allocation of tuition hours under the scheme is not at issue in the context of the review of qualifications in this regard.

I thank the Deputy for raising this matter as it provides me with the opportunity on behalf of the Minister to clarify the position of the Department of Education and Science in respect of the educational provision for pupils with ASD and, in particular, associated issues under the home tuition scheme.

That is not enough, the child needs certainty.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 7 November 2006.
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