Dáil Éireann díospóireacht -
Thursday, 29 May 2008

Vol. 656 No. 1

Health Services.

Deputy Olwyn Enright

I welcome the opportunity to raise an issue of extreme importance to the people of my constituency of Laois-Offaly and it will be of immense importance to some people in south Offaly who may be in the constituency of the Minister of State, who is replying, depending on what happens; hopefully not, but one never knows.

The issue has affected several day care centres around Laois-Offaly. It became public last weekend, after staff in Birr community nursing unit were told on Friday that day care services were to be suspended for the summer. It appears there were some attempts this week to say staff were not told that, but they were most definitely told last Friday that services were to be suspended from 16 June. I believe it was also to happen in several other centres in the constituency, including Abbeyleix, Mountmellick and Edenderry. I understand from a telephone call I received today that it has been announced that the day care services in Mullingar will close for five weeks. Senator Nicky McFadden, with whom I discussed the issue today, has expressed her concerns. The Minister of State may not have an answer in regard to that area but this seems to be a trend in the midlands.

It appears the situation has arisen because of the recruitment embargo. Posts of those who have retired, or who are on maternity or sick leave have not been filled because of the tight budgetary position. The staff in all these units work extremely hard to try to make ends meet. Given that many of the units are doing a good job, I do not accept that this argument should come into play.

I am sure the Minister of State appreciates the importance of these facilities. For example, 115 people use the service at the unit in Birr for different amounts of time during the week. These people have very different levels of care need. Some are extremely vulnerable and many have no direct families. For many it is their only social interaction during the week. It is not just about the social interaction; it is also about the care needs and the medical needs that are fulfilled in the day care service. The service is so crucial that a few years ago a decision was taken in Laois-Offaly not to suspend the service for the month of August. Given that people depended on it so much, closing it for that month was found to be cruel and to cause a degree of difficulty.

In a local radio interview yesterday the HSE indicated that there is a lesser demand for its services during the summer. I do not accept that argument. Very few of the 115 people who use the unit in Birr are able to go on a two-week holiday. They need the service and use it constantly. The number of people using the unit in recent years shows clearly that the demand does not change during the summer. The cessation of the service, if it goes ahead, will lead to a virtual collapse of the public health nurse service also. The nurses are already stretched to the limit and cannot possibly take an additional 115 people on to their books for the summer months. There is no back-up plan or plan B if this goes ahead.

On Tuesday morning we were told the decision was on hold. Some politicians have interpreted this as meaning that the closures will not take place. I am not so convinced and I wonder whether they actually read the e-mail from the local health manager. What is the precise position? According to the statement from the health manager, while a final decision has not been taken on curtailment of services in Laois-Offaly PCCC, the Health Service Executive will keep the matter under regular review. The letter gives no indication that the plan will not proceed. Although the decision taken on Friday appears to be on hold, I seek a commitment that services will not be suspended either in the summer or at any other time. I ask the Minister of State exactly what the HSE means by the comment in the same statement that plans are being considered which may result in alterations to the current level of service in the near future. What services will be curtailed?

This week I was contacted by a woman from County Offaly who was unable, due to the severity of her injury and her medical condition, to use crutches and a walking frame given to her when she broke her leg. When her son approached the hospital to try to secure a wheelchair — the family was prepared to hire one from the hospital — he was told to go to Argos. This case arose because the hospital is so stretched it is unable to provide basic services such as a wheelchair.

I am concerned about what the HSE means when it refers to "alterations" in current levels of service. While I am aware local staff are trying to implement cuts in areas which do not affect members of the public, the phrase "as a last resort" always seems to enter the equation. Cutting services to people in serious need of care and medical attention is not a last resort, nor is it acceptable to me or my constituents. I hope the Minister of State bears good news and will be able to inform the House that vital services will not be curtailed.

Minister of State at the Department of Health and Children (Deputy Máire Hoctor)

I will take this Adjournment debate on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney.

A keystone of the Government's policy on older people is to support them to live in dignity and independence in their own homes and communities for as long as possible. To cater for the needs of older people the Government has invested heavily in this important area, resulting in significant service improvements in community supports in recent years. In budgets 2006 and 2007, funding of more than €400 million was provided to enhance service developments across the sector. Of this sum, €190 million was specifically earmarked for community-based services. This covered, for example, home helps, home care packages, day-respite care, meals on wheels and sheltered housing initiatives at regional and local level.

With regard to day and respite care, an additional €9 million was provided in 2006 for a wide range of new and increased services at local level, including improved therapy services for specific needs. A further €3.5 million was provided the following year, which allowed the Health Service Executive provide in excess of 21,000 day places in 2007.

I am informed by the HSE that it is committed to providing high quality services to the population of Laois-Offaly and has committed €1.79 million to day care services in the area this year. In this context, all services are subject to constant monitoring and review bearing in mind the executive's requirement to keep expenditure levels within budget.

Deputy Olwyn Enright

That is €4.5 million less than last year.

Deputy Máire Hoctor

I understand from the HSE that, on the basis of detailed risk analysis and in the context of the requirement to maintain appropriate staffing and safety levels, plans are being considered which may result in alteration to current levels of service in the near future.

Deputy Olwyn Enright

I have a copy of the HSE statement.

Deputy Máire Hoctor

The executive has indicated that no final decision has been taken at this point regarding any curtailment of primary or community services in Laois-Offaly and it will keep the matter under regular review.

Deputy Liz McManus

I am grateful for an opportunity to raise the plight of Kevin McCabe of Wicklow and Joseph Hogan of Dublin, both of whom are inpatients at the National Rehabilitation Hospital in Dún Laoghaire. It has been suggested that Kevin and Joseph will be discharged to the Mater Hospital from where they came, as they are included on the delayed discharge list. Both young men have nowhere else to go because the funds to provide personal assistants and carers have not been made available by the Health Service Executive.

The Mater Hospital is under pressure to transfer patients from its spinal injury unit to the National Rehabilitation Hospital's spinal programme and there is now pressure to move on Kevin and Joseph. Both men say they know of others who were discharged back to the Mater Hospital and remain there two years later. They are fearful that this will also be their fate and, as the years go by, they will become less visible to those who have a responsibility for funding.

In early 2007, the Minister for Health and Children, Deputy Mary Harney, visited the National Rehabilitation Hospital. During her visit she showed a special interest in the cases of Kevin and Joseph and requested that more information about them should be forwarded to Mr. Tom Kelly, her assistant at the time. However, despite her assurances on the day, Kevin and Joseph remain in hospital with little hope for discharge other than to the Mater Hospital.

Kevin has been in the National Rehabilitation Hospital since November 2006 and was due for discharge in 2007. Joseph, who became an inpatient in July 2006, was due for discharge in December 2006. Both men have been allocated a specially built house in St. Brigid's Park, Greystones, County Wicklow, owned and managed by Cheshire Ireland. Despite protracted lobbying and negotiations involving many sources, including Cheshire Ireland and the National Rehabilitation Hospital, funding for their care is not forthcoming from the HSE and a timescale has not been set for making such funding available. This is the second delay and a major disappointment for Kevin and Joseph.

The Cheshire Ireland housing initiative at St. Brigid's Park is funded through capital assistance grants provided by the Department of the Environment, Heritage and Local Government. Owing to delays in the Department's approval process, Cheshire Ireland was unable to provide the support housing within the timeframe expected, which resulted in a delay of up to one year until February 2008. The lack of HSE funding has affected a further four individuals with physical disabiities who have been allocated houses in St. Brigid's Park. Two of the individuals in question live in Cheshire Ireland homes, while a third is being cared for in a family home by her brother who is finding it increasingly difficult to cope financially.

Since the beginning of 2007, Cheshire Ireland has been having ongoing discussions on securing the new core revenue funding needed to provide the required services in St. Brigid's Park. The HSE has made clear to Cheshire Ireland that the required funding will be provided once the people move to their new services. However, the position is that two young men cannot go to their new home. I urge the Minister to resolve this terrible situation.

Deputy Máire Hoctor

I take this Adjournment debate on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney. I am pleased to have this opportunity to address the issue raised by the Deputy.

The Department of Health and Children has been informed by the Health Service Executive that the facilities referred to by the Deputy are new Cheshire Ireland supported accommodation which was funded through Wicklow County Council under the Department of the Environment, Heritage and Local Government's capital assistance scheme. I understand the bungalows were handed over to Cheshire Ireland in March this year. The HSE has informed the Department that the persons to whom the new bungalows are to be allocated have been identified through an assessment process undertaken by the executive and Cheshire Ireland. Four people have moved into their new homes.

As part of the multiannual investment programme under the national disability strategy, the Government provided the Health Service Executive with an additional €75 million in both 2006 and 2007. This funding included moneys to provide new and enhanced services for people with disabilities. A further €50 million investment was announced in budget 2008. This funding includes funds for the provision of additional residential places for people with a disability, which would include the residential places in the new Cheshire Ireland bungalows in County Wicklow. The HSE has informed the Department that this funding for additional services for people with a disability is under review in the context of the executive's overall service levels and funding position this year.

Deputy Liz McManus

What does that mean?

Deputy Pat Rabbitte

This is the first time I have heard a reply which makes no reference to the issue raised.

Deputy Máire Hoctor

I mentioned the bungalows to which Deputy McManus referred.

Deputy Pat Rabbitte

This is an issue of two young paraplegics, not bungalows.

Deputy Máire Hoctor

The two young men have been assessed.

Deputy Pat Rabbitte

That is an insulting answer.

Job Creation.

Deputy Noel J. Coonan

I welcome my constituency colleague, the Minister of State at the Department of Health and Children, Deputy Hoctor. While I am pleased she is taking this Adjournment debate, I am disappointed the relevant Minister is not addressing this serious issue.

As the Minister of State is aware, Erin Foods in our constituency finally closed this month with a loss of the remaining 96 jobs. This time last year, the plant employed more than 130 people. From its formation in 1962 until the 1970s and 1980s, the company employed up to 300 people. Erin Foods was established as a subsidiary of the Irish Sugar Company and is the final link with the Irish sugar producing era. The Minister of State's party colleague from Nenagh had the privilege of closing the sugar factory in Thurles.

I am anxious to learn what hope the Government can give to the people of Thurles, bearing in mind that the IDA has let down north Tipperary which has not secured foreign direct investment for 24 years. Perhaps there is significance in the fact that the Minister of State's party has been in control of North Tipperary County Council for the past 24 years. Thurles has not been given due regard from the other authorities, although I compliment Shannon Development on opening a technology park. Under a master plan, another park will be developed in the medium to long term at Archerstown outside Thurles. What hope can the Minister of State offer the workers of Thurles for retraining? What hope can she offer them for attracting employment back into Thurles? The Government's national spatial strategy has been a disaster for Tipperary. There is neither a hub nor a gateway, and Thurles is not included in it. This is what has happened.

In order to create employment, we need to tackle the issue of competitiveness and costs. These problems are being exacerbated by the lack of proper finance for local government, which then has to introduce stealth taxes. These taxes impact on ordinary people who want to set up business, as they must pay substantial charges to the county council before they even turn a sod. Thurles is crying for an initiative from this Government. I am looking forward to the Minister of State's response on initiatives in the pipeline that will attract industry and employment to Thurles. The last major manufacturing industry closed a few days ago, which is a tragedy for the area.

Deputy Máire Hoctor

I thank the Deputy for raising this matter. I am also familiar with the concerns of the people of Thurles about the closure of the factory, and I will give the response of behalf of the Minister for Enterprise, Trade and Employment.

Following notification of the redundancies by the company in question, representatives of FÁS visited the company with a view to carrying out a needs analysis while the staff were still in employment. Unfortunately, this analysis did not get under way before the agency learned last week that the workers had been made redundant on 16 May. In its efforts to offer the most prompt and efficient service possible, the agency contacted all of the company's workers who had registered their interest with FÁS and invited them to an open information session last Friday. Comprehensive information was provided about FÁS services to approximately 40 staff who attended. FÁS will examine fully the information gathered at that information session and it is envisaged that this exercise will be completed by 6 June 2008. The Department of Social and Family Affairs also attended this meeting to answer questions about its own services.

The State development agencies are adopting a co-ordinated approach in response to these job losses. In addition to FÁS, IDA Ireland, Enterprise Ireland and the county development board will be lending their assistance. This multi-agency approach is directed at assisting all the employees affected and seeks to enhance the future employment prospects of the workforce. The agencies will also support any individual who wishes to start his or her own business.

The IDA strategy for Thurles and north Tipperary involves developing the knowledge economy by winning new foreign direct investment in innovation driven, high skills sectors. The agency is also working with its existing company base to expand its presence in Ireland, with the addition of new functions of scale and by deepening their strategic functions. Another of the agency's strategies is to influence the provision of property solutions and supporting infrastructure to meet the requirements of inward investors.

The agency recognises the need to achieve high value employment in Thurles and is committed to marketing the area as part of its national goal of achieving balanced regional development. The transition to a knowledge-based economy in north Tipperary can be achieved by winning new overseas investment in innovation driven, high value, high skill sectors. However, the final decision on where to locate a particular project rests ultimately with the promoter.

IDA Ireland has four supported companies in north Tipperary which employ nearly 600 people. A small UK company acquired the burn garment business from BSN Medical in Thurles. The company subsequently leased incubation space at the Tipperary technology park and employs eight people. The agency also works closely with Shannon Development in the development, promotion and marketing of tailored property solutions to potential investors. This includes the development of the Tipperary technology park in Thurles to which I have already referred. Shannon Development has completed the first stage development of the technology park and it is now fully occupied. The agency has lodged a planning application for a second 20,000 sq. ft. building.

IDA Ireland is a partner in the Thurles Marketing Group, which was established with a view to developing a pilot marketing initiative in north Tipperary as part of the implementation of the county economic and cultural strategy for 2002-12. The focus of the marketing initiative is to promote Thurles as a location for business investment. The Tipperary North County Enterprise Board also supports the work of the group and, since its inception in 2003, the board has made available a financial contribution of €27,500.

A significant number of Enterprise Ireland client companies in the county are actively developing their businesses. There were 60 agency-assisted clients in north Tipperary employing over 3,200 people in 2007. The agency approved funding of over €7.9 million in 2007 to its client companies in north Tipperary. In 2007, Tipperary North County Enterprise Board paid out over €250,000 in grant assistance to 20 clients in the north Tipperary area and assisted in the creation of 25 net jobs. The board grant-aided the creation of ten full-time jobs in Thurles in 2007 in a new call centre set up in the Thurles technology park. A number of small micro-businesses have also received financial support in the Thurles area over the past 12 months that will yield a further 12 jobs when fully operational.

The strategies being pursued by the State development agencies, in partnership with other key players, together with the Government's ongoing commitment to regional development, will drive investment and job creation for both Thurles and north Tipperary.

Military Aircraft.

Deputy Joe Costello

The failure of Ireland to provide an inspection regime for military aircraft using Irish airspace has led to our being found wanting in the eyes of the international community. In its annual report published this week, Amnesty International has criticised Ireland for its failure to provide an inspection regime. It states that specific aircraft, known to have been used by the CIA for extraordinary rendition, have transited Ireland, primarily through Shannon Airport. It also states that aircraft en route or returning from rendition missions have transited through the airport. These aircraft have apparently breached Irish and international law since they sought and obtained automatic clearance under rules governing civilian aircraft, even though they were performing US state functions and should have presented themselves as state aircraft.

This serious allegation by Amnesty International claims that Ireland has been involved in a breach of international law, as it claims that aircraft have transited through Irish airspace in an illegal fashion. It follows two Council of Europe reports, a European Parliament report and a report by the Irish Human Rights Commission, which all express grave concern about the use of Irish airspace by CIA aircraft in its transport of prisoners to Guantanamo Bay and other centres of detention and torture in the practice of extraordinary rendition.

It is time for the Government to reconsider its policy of non-inspection of such aircraft, a policy which claims as its basis that no other European country has such an inspection regime. It is not good enough to hide behind that. We are a neutral country and we should lead the way on this, just as we are leading the way by hosting a highly successful international conference in Croke Park to rid the world of cluster bombs.

In its comprehensive report, Amnesty International recommends that the Government should establish an Oireachtas committee to inquire into the allegations of extraordinary rendition through Irish airspace. A similar recommendation was made by the Council of Europe in two reports over the past two years. I fully agree with the Council of Europe and with Amnesty International. The committee could invite submissions from other states, where similar allegations have been made. It should review our own laws and procedures in granting overflight or landing clearances to foreign aircraft, both civilian and state. It should make solid recommendations for reform, which when implemented would remove the current allegations and suspicions that besmirch Ireland's good standing with the international community in the field of human rights.

Deputy Máire Hoctor

The Deputy has raised a number of wider issues on extraordinary rendition which have been dealt with on a number of occasions on the floor and in committees of this House. As recently as yesterday, the Taoiseach reiterated to the House our unequivocal opposition to the practice of extraordinary rendition. The Taoiseach went on to state that none of the various investigations into allegations of extraordinary rendition, whether by the European Parliament or the Council of Europe, has revealed any evidence, or even a single concrete or credible allegation, that any person has been subject to extraordinary rendition through Ireland. He made it clear that no other state has adopted the inspection measures of the type which some have recommended.

As I am responding to this matter on behalf of the Minister for Justice, Equality and Law Reform, I intend to confine myself in my reply to the only potentially relevant matter for which he has responsibility to the House, the role of the Garda Síochána.

Deputy Joe Costello

On a point of information, the question was addressed to the Government, not the Minister for Justice, Equality and Law Reform so the Minister of State, Deputy Hoctor, cannot reply exclusively on his behalf. This is a Government matter that covers a number of Departments.

Deputy Máire Hoctor

It must be identified with one Department and in this case it is the Department of Justice, Equality and Law Reform.

Deputy Joe Costello

The Minister of State should not confine her remarks.

Deputy Máire Hoctor

I should make it clear that the Garda Síochána has no role in the inspection of military aircraft from any country, which in any case are subject to sovereign immunity. However, the position is clear that in the case of all other aircraft registered to another State, including civil aircraft chartered by foreign Governments, whether used by foreign officials or otherwise, powers of search are available to the Garda Síochána.

Statutory powers of entry and search are bestowed upon the Garda Síochána pursuant to the Air Navigation and Transport Act 1988 and the amending Act of 1998. Other statutory powers of search and arrest bestowed upon the Garda Síochána include sections 4 and 6 of the Criminal Law Act 1997. However, these provisions do not confer a power of entry for the purpose of random or routine checking. Garda powers of search can be deployed only where there are reasonable grounds for their use, capable of withstanding scrutiny in a court of law. In much the same way that gardaí need reasonable suspicion supported by hard evidence to conduct a search of a private dwelling, so too must gardaí have similar standards of suspicion before inspecting an aircraft. The mere assertion of wrongdoing by a member of the public is clearly insufficient in this regard.

To date, where complaints of alleged unlawful activity concerning the use of Irish airports have been made to the Garda Síochána, Garda investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of any unlawful activity. One of the planes in question was subsequently found to have been transporting racehorses from Shannon to Dubai, another was privately owned and engaged on a corporate business flight.

However, where complaints are received by the Garda Síochána about individual aircraft these are investigated. Any person with credible information that Irish airports have been used for any alleged unlawful purpose should report the concerns to the Garda Síochána. It remains the case that on the basis of such reporting or any other information, where the Garda Síochána reasonably suspects that an offence is being committed, the matter will be investigated, and any such investigation may include the inspection of an aircraft, subject to national and international law.

On the wider question of the role of the Garda Síochána in the protection of human rights, I wish to highlight the centrality of human rights compliance to policing in Ireland. Section 7 of the Garda Síochána Act sets out the functions of the Garda Síochána, which include providing policing and security services with the objective of protection of life and property and of vindicating the human rights of each individual. Human rights training forms an integral part of the training at the Garda college, Templemore. New members of the Garda Síochána now make a declaration of the need to have regard for human rights in carrying out policing duties. Human rights training also forms part of the training of the Garda divisions for serving members of the Garda Síochána.

I draw the attention of the House to the commitments contained in the programme for Government in this regard. The programme includes commitments to place a renewed emphasis within the Garda Síochána on upholding the human rights standard within our society, and to ensure that all relevant legal instruments are used so that the practice of extraordinary rendition does not occur in this State in any form. As the Minister informed the House earlier this week, he has been in communication with the Garda Commissioner about the fulfilment of these commitments, particularly in the ongoing development of training programmes within the Garda Síochána. The Government will continue to ensure that its commitments in this regard are fully honoured.

The Dáil adjourned at 5.15 p.m. until 2.30 p.m. on Wednesday, 4 June 2008.