Dáil Éireann díospóireacht -
Tuesday, 14 Nov 2006

Vol. 627 No. 3

Adjournment Debate.

Court Procedures.

Mr. Costello

I thank the Ceann Comhairle for allowing this matter on the Adjournment and I welcome the Minister of State to the House.

There is no doubt serious issues regarding the Judiciary must be addressed by the Minister for Justice, Equality and Law Reform, the Government and the Legislature. The current appointment of judges leaves much to be desired. All judges are selected from the ranks of the country's barristers and solicitors. Barristers and solicitors are trained advocates in a highly-polarised adversarial system. In European countries, judges opt for the Judiciary as a career and undergo a third level training course in preparation for it.

Ireland does not have formal training or induction courses for newly-appointed judges or for those barristers or solicitors who aspire to be judges. One day, they are professional advocates whose success and career depends on the strength of their advocacy and their ability to compete with and overcome their opponents. The next day, they are sitting on the Bench, expected to be even-handed and possessing the wisdom of Solomon. The assessment of arguments and evidence in the courtroom and the imposition of sentences for offences are delicate and demanding skills which require great maturity, experience, balance and character. The Minister for Justice, Equality and Law Reform should make provision for formal training and induction courses.

The experience of mandatory sentencing for drug offences highlights the failure of the Judiciary to respect the will of the Legislature, as only a tiny fraction of mandatory sentences have been imposed since the legislation was passed in 1999.

An Ceann Comhairle

I must point out that members of the Judiciary are independent by virtue of the Constitution. They cannot be criticised nor have their rulings referred to in the House except by way of a substantive motion. It would not be appropriate to cast any reflection on the action of judges in their capacity as judges.

Mr. Costello

I refer to the statistics. Mandatory sentences were imposed in a tiny fraction, approximately 10%, of cases under the legislation passed in 1999.

The same situation may pertain to family law cases. However, as they are heard in camera without stenographers or reporters, it is impossible to know the true statistics of sentencing in family law cases. One reporter was appointed recently. A transparent system of sentencing with clear policies, structures and guidelines must be put in place by the Minister for Justice, Equality and Law Reform and the Legislature.

The case of Judge Curtin clearly demonstrates judicial ethics issues must be addressed. A sub-committee of the Oireachtas had to be established to initiate impeachment proceedings on "stated misbehaviour" in June 2004 under Article 35.1 of the Constitution. It highlights the lack of legislation in the area of judicial ethics.

Separation of the Executive and the Judiciary does not mean the Executive should shy away from introducing statutory parameters to judicial qualifications and behaviour and sentencing. It is high time the Government and the Minister for Justice, Equality and Law Reform took their responsibilities with regard to the Judiciary seriously and introduced appropriate legislation. It is ironic they should have to wait for the Judiciary to be criticised by the Director of Public Prosecutions for lack of transparency when his office is devoid of any transparency regarding his actions and decisions.

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. B. O’Keeffe)

On behalf of the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, I thank the Deputy for raising what is an important matter.

Turning to the question of judicial training, the Judicial Studies Institute was established by the Chief Justice in 1996. The institute organises conferences, seminars and lectures for judges with the object of enhancing their knowledge and understanding of the law and legal principles with particular regard to new developments. The Judicial Studies Institute produces the Judicial Studies Institute Journal two to three times per year. Bench books are provided to each judge, including two Bench books on sentencing guidelines.

I understand the issue of sentencing was examined by the institute in the context of its training programme. The Courts and Court Officers Act 1995 enables the Tánaiste to provide funds for judicial training and a sum was made available to the institute for 2006. Section 19 of the Act provides that a person who wishes to be considered for appointment to judicial office shall undertake in writing to the Judicial Appointments Advisory Board his or her agreement, if appointed to judicial office, to take such course or courses of training or education, or both, as may be required by the Chief Justice or president of the court to which that person is appointed.

The President of the District Court provides a mentoring system whereby a new judge sits in court with an experienced judge for a period of time. The president obtained funding for retired judges to assist the institute for a period to help and train new members of the Judiciary. This involves tutoring and lecturing sessions with experienced retired judges. It also involves the new judge sitting with an experienced colleague both in a provincial and a Dublin Metropolitan District Court to gain both practical and theoretical experience. The board agreed this was an excellent idea. The President of the Circuit Court uses the annual Judicial Studies Institute Circuit Court conference and the national conference for the purposes of inducting new judges.

A number of judges recently attended judicial skills courses with the Judicial Studies Committee in Scotland. I understand the board of the Courts Service noted the usefulness of this course and the Chief Justice is of the view that in time the institute could develop its own similar course.

The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty.

Having considered all the circumstances of the case, a court may then impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers.

The Executive lays down the possible punishment range but it is for the courts to decide the punishment, taking account of all the circumstances of the case and of the offender. The law enables judges to exercise their discretion, within the maximum penalty, by reference to the conclusions they reach after trying cases, hearing all the evidence and assessing the culpability and circumstances of the accused. Our system of recruitment to all levels of the Judiciary is based on the concept of bringing in experienced and trained legal practitioners. Consequently, judges, on appointment, have a wide knowledge of the law and its application.

Sentencing is, of course, a complex matter and, as the Deputy is undoubtedly aware, there are many variable factors to be taken into account in each individual case. However, to address this issue a steering committee was established by the Courts Service board to plan for and provide information on sentencing. The committee, which is chaired by Mrs. Justice Susan Denham of the Supreme Court, is composed of a judge from each jurisdiction and a member of a university law faculty, expert in sentencing law. The project, known as the Irish sentencing information system, involves an examination of the feasibility of providing a computerised information system on sentences and other penalties imposed for criminal offences, to assist judges when considering the sentence to be imposed in an individual case.

An Ceann Comhairle

The Minister of State's time has concluded.

Mr. B. O’Keeffe

A sentencing information system would enable a judge, by entering relevant criteria, to access information about the range of sentences and other penalties imposed for particular types of offence in previous cases.

The committee has carried out an examination of sentencing information systems developed in other common law jurisdictions. The committee is compiling research on sentencing jurisprudence within this jurisdiction and is examining a range of issues, including data protection considerations, with a view to evaluating the extent of the information which it would be feasible to make available on sentencing decisions.

An Ceann Comhairle

The Minister of State has at least another five minutes in his script so I suggest that the Department——

Mr. B. O’Keeffe

As the Deputy will be aware, work on drafting the scheme of a judicial council Bill is well advanced. The Bill aims to provide effective remedies for complaints about judicial misbehaviour and its provisions will include lay participation in the investigation of complaints. The Bill will also address the question of judicial training and information and, in that context, will provide a means for judges to develop guidelines on sentencing. The Tánaiste has been in consultation with the Judiciary on the provisions of the Bill and is awaiting its final consideration of those proposals.

An Ceann Comhairle

I ask the Minister of State to conclude. We cannot have a situation where one Member is allowed ten or 15 minutes, while another is confined to five minutes.

Suicide Incidence.

Mr. Cuffe

The Government needs to act immediately on the report entitled Suicide and the Young Traveller, which was published by Catholic Youth Care last Friday. It is crucial that we act on the report's recommendations which call for action to address the high rate of suicide among young Travellers. The report stated that there have been 35 suicides among the Traveller community in west Dublin alone in the past 18 months. This is an appallingly high figure, which requires immediate action from the Government.

According to figures cited by the Minister of State, Deputy Tim O'Malley, over 80% of the public believes the Government is not doing enough to raise awareness of and prevent suicide. There are clear recommendations in the report so it is incumbent on the Minister of State to say exactly what he will do about them. To be frank, however, I am worried. A contributing factor to suicide is a lack of self-esteem. As a public representative, the Minister of State should reflect on the remarks he made last August when he stated that the appearance of Travellers is treated with groans of despair in every town and village in Ireland. Such remarks are demeaning and undermine the self-worth of the Traveller community, which is one of the main contributing factors leading to suicide. It is deeply worrying that such a remark would come from a senior political figure in high office, such as the Minister of State.

I would be the first to admit that there are good and bad apples in every community, including the Traveller community, but the Minister of State should ensure that he treats members of that community with the respect they all deserve, regardless of the actions of particular individuals. As the Minister of State well knows, many Traveller families are still living in appalling conditions alongside busy roads and under high voltage electricity pylons. If the Minister of State is serious about tackling suicide, he should look at his own actions as well as ensuring that the Government and local authorities place more priority on the needs of the Traveller community.

It is an indictment of the Government's policies that this report was funded from national lottery allocations, private companies and charities, rather than directly by the Minister of State's Department. It is appalling that Catholic Youth Care had to seek lottery funding for a report such as this one. It had to wait for private companies to contribute, which is an indictment of the Minister of State's actions.

The report contained four specific recommendations: greater access to counselling; better access to mental health services; increased support for children who have experienced suicide in their families or communities; and increased information on the issue of suicide. All this costs money and I am not convinced that the Minister of State or his party are prepared to put the resources into these issues. I read his speech of last Friday and it was hard to find any specifics in it. It was laced with rhetoric, heavy on platitudes and did not really address the core needs of the Traveller community, which is a very vulnerable group.

Some of these individuals have tried to commit suicide five times, which was well known to the groups working with them. That requires greater assistance from the Minister of State's office and from other State agencies. What specific changes will the Minister of State put in place to try to bring about a reduction in this appallingly high toll on one of the most vulnerable and marginalised groups in Irish society today?

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

First, I am disappointed that Deputy Cuffe took this occasion to raise my remarks about an incident in Limerick last summer. Those remarks have nothing to do with the Adjournment debate. They were about a specific incident that happened involving a specific group of Travellers.

Mr. Cuffe

It has everything to do with self-esteem.

An Ceann Comhairle

Please allow the Minister of State to continue.

Mr. T. O’Malley

That was a specific group of Travellers, the vast majority of whom were driving 2006 Range Rovers, causing havoc for a well settled, elderly community in Limerick. I ask the Deputy to acquaint himself with the facts before speaking about any matter. More than any other county, Limerick has a bigger number of Travellers in the settled community than any other group. The Deputy should acquaint himself with the facts before questioning my bona fides in this regard.

Mr. Cuffe

I grew up next to Travellers.

Mr. T. O’Malley

I did not interrupt the Deputy.

An Ceann Comhairle

I ask Deputy Cuffe to allow the Minister of State to reply.

Mr. T. O’Malley

Last Friday, I launched the research report Moving Beyond Coping, which provides an insight into the experiences and needs of Travellers in dealing with the experience of suicide. The report outlined the high rate of suicide among Travellers in west Dublin. This research data is a welcome resource for organisations working with Travellers in the west Dublin area. It will assist Travellers in the area in making more informed decisions to address issues on their own behalf and in partnership with the relevant service providers and agencies.

Reach Out, the national strategy for action on suicide prevention, was launched in September 2005. A fundamental aim of this strategy is to prevent suicidal behaviour, including deliberate self-harm, and to increase awareness of the importance of good mental health among the general population. Ongoing quality, multi-disciplinary research will be an essential strand of this strategy. These findings will be of greatest value where they can inform and stimulate action and service development.

As highlighted in the Catholic Youth Services report, the National Office for Suicide Prevention has agreed a three year funded project with traveller groups and Crosscare. The project will employ a staff member to develop training packages and materials suitable for this community. The National Office for Suicide Prevention is also working with Pavee Point, local Traveller groups and the parish of the Travellers to determine the best way of addressing suicide and deliberate self-harm among the Traveller community.

The regional suicide prevention resource officers of the Health Service Executive respond to suicides among the Traveller community, organising bereavement support services and working with community leaders and local clergy in providing support in the immediate aftermath of a death by suicide.

The Reach Out strategy recognises that certain groups are particularly vulnerable to suicide. A counselling service is also being developed in Galway as a partnership initiative between the Galway Traveller Movement, the adult survivors of abuse counselling service and the HSE resource officer. However, in general, the uptake of mental health services among Travellers is believed to be low and where they are availed of, various problems are encountered which may be due to a combination of inappropriate provision and a lack of awareness or confidence among Travellers regarding the services.

The co-ordinated efforts of the National Office for Suicide Prevention, the HSE and voluntary agencies are required to address the mental health problems experienced by the Traveller community.

In conclusion, I assure the Deputy that the Government is committed to the implementation of suicide prevention initiatives in the Traveller community and the further development of our mental health services to prevent and reduce further tragic loss of life.

Single Payment Scheme.

Dr. Twomey

Some €160 million is paid in single farm payments every year and a number of concerns have been raised regarding delays in these payments. In the majority of cases farmers acknowledge they have made mistakes and, if this is the case, the Department of Agriculture and Food should review the form involved to see if simplification of the application is possible. If a large number of mistakes is found payments to farmers across the country will be delayed.

In some instances the Department has made the mistake and this was the case with two of my neighbours in County Wexford. Despite the fact the mistake was not the fault of the farmers involved, they have been told there is no guarantee payment will be received in December. I believe this is very unreasonable.

The forms were returned, as requested, last April via the Teagasc adviser but the Department sent a letter in September saying the forms were not received. I am surprised a system acknowledging receipt of forms from farmers is not in place. The neighbours in question sent the forms again in early October and again received no response. They contacted the office in Portlaoise and were again informed the forms had not been received, however a subsequent phone call confirmed the forms had been found and were with the Department. Clearly a mistake was made by the Department, but these farmers were told they would not receive payment. I ask that the Minister for Agriculture and Food, Deputy Coughlan, investigate this immediately.

The farming community cannot afford such delays in payments and family farm incomes are far lower than the €170,000 the Minister is receiving. This relates not only to farmers' income but to the payment of costs incurred in running their farms. We are all well paid in this House and we sometimes forget there are people who are not paid as well. We need to make amends in this regard and I ask the Minister to investigate this.

I can give the Department the names of the individuals in this case to speed up payments so they will not have to wait until the new year. A significant burden has been placed on the individuals involved because they have outstanding debts they had promised to meet with this payment.

I also ask the Minister for information on the number of single farm payments made in County Wexford and the number not paid to date due to difficulties with the application form or difficulties experienced at Department level. If there is a significant problem with the system it should be examined.

Agriculture is not as important to the economy as it once was but is still important to rural constituencies like County Wexford and the single farm payment forms a significant part of income for the farming community. It is important the Minister ensures there are no delays in receipt of that payment. I can pass on the names of those involved to the Minister and I also ask that she address the other questions I have raised.

Minister of State at the Department of Agriculture and Food (Ms M. Wallace)

I thank the Deputy and if he had given the Department of Agriculture and Food the names of those involved we would have made inquiries about them. However, his question is of a general nature and does relate specifically to those cases.

One of the main objectives of the Minister, Deputy Coughlan, since assuming office as Minister for Agriculture and Food, has been to ensure the efficient implementation of the decoupled single payment scheme, the most significant change to agricultural support since our accession to the European Community. It has been a great success. This huge task was successfully implemented when over €1 billion in single payments issued to 118,500 farmers in December 2005. Since then payments have been made to 127,800 farmers who hold entitlements and applied for the single payment scheme in 2005. A few hundred 2005 cases, largely involving inheritance, remain to be paid at this stage and payments continue to be cleared on a regular basis once the documentation is received by the Department. I think the cases referred to by the Deputy may be under the 2006 scheme.

This is an annual payment scheme with payment due in December 2006. However, the Minister sought and secured approval from the European Commission to make an advance payment of the single payment scheme in 2006. The processing of an advance payment was quite complex and my understanding is that only one other Member State paid the advance.

On 16 October 2006, thanks to the excellent work of the Minister and the Department, 114,000 farmers received advance payments under the 2006 scheme amounting to €526 million. Since then an additional €37 million in advance payments has been made to a further 4,800 farmers and these advance payments continue to be made as applications are fully processed. I hope the Deputy understands that if he is referring to a 2006 application advance payments of money due in December 2006 are in question. Some 93.5% of applicants holding entitlements have received an advance payment, up to six weeks ahead of the normal payment commencement date. Balancing payments under the 2006 scheme will commence on 1 December 2006. In anyone's book this has been a huge success story.

In common with the coupled schemes, which the single payment scheme replaced, delays in processing can be caused by many factors, including incomplete application forms, errors on applications and discrepancies highlighted following computer validation, which must be resolved via correspondence with the applicant. There may also be cases, as mentioned by the Deputy, where forms appeared to have been posted but did not arrive at the Department. In many cases, payment could not be made because applicants did not submit an application to transfer the single payment entitlements, with lands, by way of inheritance, gift, lease or purchase. Many of these applications were only received after our Department made direct contact with the farmers in question during recent weeks, and some have yet to be submitted. This may reflect the situation mentioned by the Deputy.

In other cases, over claims on commonage lands need to be resolved before any of the claimants concerned can be paid. Similarly, cases where given parcels are subject to dual claims must also be resolved before any of the parties concerned can be paid. In 2006 the incorporation of sugar into the single payment scheme added to the complexity of clearing cases for payment.

The objective of the Department is to make payments to all of those farmers who have yet to receive their payment or are entitled to a supplementary payment as soon as their cases are cleared for payment. Every effort is being made by my Department to resolve the outstanding cases, but many of them are extremely complex. In other cases, my Department is still awaiting documentation and applications for the transfer of entitlements before payment can be made. A number of payment runs continue to be made each week as the more complicated files are cleared.

The successful introduction of the single payment scheme in 2005 and its smooth operation in 2006 is testimony to the efforts of all concerned. It is the Department's intention that this success will be built on. Payments will continue to issue to farmers as their applications are processed to completion in accordance with the EU legislation governing the single payment scheme.

If the Deputy wishes to furnish details of the individuals involved, the Department will make inquiries. I assume the applications in question have only been with the Department for a number of weeks.

School Accommodation.

Mr. Ring

I thank the Ceann Comhairle for selecting this matter for discussion. Lankhill national school on the outskirts of Westport is a long-established school in a rural area. As a rural school, it is at a disadvantage because it is not in a commuter belt. While school building projects in commuter belts are fast-tracked and approved within months, the completion of new accommodation for Lankhill national school could take up to eight years.

The board of management, principal and teachers at Lankhill national school want a technical assessment carried out immediately. The school has excellent staff and student numbers have increased rapidly from 26 in 1999 to 42 in the 2006-07 school year. This increase is due to the significant number of new houses approved in the area and the large number of people who have moved in as a result. Many people living in towns such as Westport are trying to move to rural areas and want their children educated in rural schools because they believe smaller student numbers will give them better educational opportunities.

I ask the Minister for Education and Science to instruct her staff to visit the school and carry out a technical assessment. Rather than wasting taxpayers' money by approving grant aid for prefabricated buildings, which cost €60,000 each and are currently leased, the Minister should move the building project at the school to stage one and include it in the forthcoming list of school building projects. If the project does not feature on the list, it will be left behind for 20 years.

It is wrong to send out mixed messages. On the one hand, the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, informs us that the Government wants people to stay in rural areas and encourage proper planning and facilities in them, while, on the other, the Department of Education and Science discriminates against small schools in rural areas. It is wrong to discriminate against rural children. I call on the Minister to ensure a technical assessment is done immediately.

I hope I will not have to raise this matter in the House regularly and warn the Department that I will not let the matter rest. I also put the Ceann Comhairle on notice that I will raise it on the Adjournment and the Order of Business on a regular basis until such time as the project is included in the schools building programme. We do not want Lankhill national school to be left behind.

Mr. T. O’Malley

I thank Deputy Ring for raising this matter as it affords me the opportunity to outline to the House the position of the Department of Education and Science regarding the development of infrastructural provision at the school to which he refers. Modernising facilities in our 3,200 primary and 750 post-primary schools is not an easy task given the legacy of decades of underinvestment in this area as well as the need to respond to emerging needs in areas of rapid population growth. Nonetheless, since taking office, the Government has shown a focused determination to improve the condition of our school buildings and ensure the appropriate facilities are in place to enable the implementation of a broad and balanced curriculum.

As evidence of this commitment, in the region of 1,300 building and modernisation projects will be active in our primary and post-primary schools during 2006. This year alone, approximately €500 million is being spent on primary and post-primary projects throughout the country compared to approximately €90 million in 1997. I am sure the Deputy will agree that this record level of investment is a positive testament to the high priority the Government attaches to this sector. To reduce red tape and allow projects to move faster, responsibility for smaller projects has been devolved to school level. Standard designs have also been developed for eight and 16 classroom schools to facilitate speedier delivery of projects and save on design fees.

The school to which the Deputy refers is a co-educational primary school with a current staffing of one principal and one mainstream assistant teacher. The school's original application was for capital funding towards the provision of an extension and refurbishment project to provide improved accommodation. Following an allocation of funding to the school under the small schools scheme for 2006 to undertake that project, the school authorities subsequently requested the Department to consider the provision of a new school building on the existing school site instead.

In the circumstances, a reassessment of the long-term projected enrolment, on which the school's accommodation needs are based, is required. This assessment will take into account factors such as current and projected enrolment and the likely impact of proposed housing developments. Once it is complete, a decision will be taken on how best to provide for the school's accommodation needs.

A site visit will be required to inform the final brief for the project and the Department will be in contact with the school authority to arrange a visit at the appropriate time. Following the site visit, the brief will be completed and the project will then be considered for progress in the context of the school building and modernisation programme from 2007 onwards.

I thank the Deputy again for raising this matter and allowing me to outline the progress being made under the school building and modernisation programme and the position for the school in question.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 15 November 2006.