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Dáil Éireann díospóireacht -
Tuesday, 18 Nov 2008

Vol. 667 No. 3

Adjournment Debate.

Water Quality.

When I read the report on this matter in the newspaper yesterday I was alarmed. I raise it not to scaremonger, but because it is our duty as public representatives and legislators to ensure confidence in our statutory agencies. The Fine Gael Party has proposed the amalgamation or dissolution of some of the statutory agencies, but has never included the Food Safety Authority of Ireland, FSAI, among these. By definition, it is a body we need, but we must have confidence in it.

There is a lack of accountability in the way the agency reports its workings to the public and public representatives. It is not acceptable that a draft report was left on a shelf somewhere for 12 months. We were told by the FSAI yesterday that action had been taken. That may be the case and there may be no reason for concern with regard to any bottled water. However, that would have been comforting to know when Galway City Council was putting boil notices in place and supplying people with bottled water. Was the Galway City Council aware of which brands were on the list identified as being contaminated? Is there even that level of communication between the FSAI and local authorities?

The level of e.coli contamination of 6.3% compares very badly with imported water. Is the problem that there is ground water contamination in springs that are supposed to be pure and healthy? Why is it that still water has a much higher incidence of contamination than sparkling water? There are questions to be answered in this regard. The bottled water industry here was worth €205 million last year, with approximately 38 litres per person being consumed. Such consumption was unheard of 20 years ago. This is a growth sector of our food industry and it would be a shame if public confidence in our water was lost. Whenever I go to the filling station for fuel, I buy still water to have in the car. It would be a shame if people lost confidence in this area of the food sector.

The FSAI has been almost indignant about any questioning, by me or the Irish Independent, of the way it does its business. Some years ago the Irish Blood Transfusion Service had no public representatives on its board and we lamented that fact. I do not want to be alarmist, but the only way these agencies have of reporting to us is through all-party committees. We need to examine the structure of these agencies and consider whether absolute independence without any political participation at board level is desirable or whether it would be better to have some level of monitoring by public representatives of each of these agencies.

If our only recourse for calling them to account is through an all-party committee, we get our answers too late. We are not involved in the day-to-day workings, but we should be more firmly involved in the way they do their business. This incident only serves to highlight this. It is a matter of genuine public concern that a report that highlights this level of contamination in what is seen as a pure, clean product has gone unreported for 12 months.

I thank the Deputy for raising this matter as it provides us with an opportunity to outline to the House the position in this regard.

The Food Safety Authority of Ireland has advised that no public health and safety implications arise from the draft report on bottled water. The report, currently being finalised, provides an historical account of the extent of compliance with the regulations on bottled waters on sale in Ireland during the final four months of 2007.

The FSAI carries out several surveys on different products on an annual basis. During 2007, such a survey was conducted in the area of bottled water. The report outlines the results of this survey. During the course of these surveys, appropriate action is taken in the event of the identification of any goods not compliant with existing legislation. Where public health is at risk, the details are made public immediately. In this case, however, the FSAI considered that there was no risk to public health.

The survey showed that a number of products were not in full compliance with the bottled water regulations. The report gives a snapshot of bottled water on the market in 2007, where a number of samples — ten out of 952 or 1% — were detected with very low levels of e.coli. In 99% of cases, the samples were found to be compliant. The FSAI considers that the presence of e. coli at such levels does not pose a threat to public health. Coliforms were found in 6.3% of bottled water samples. These are bacteria used to assess the standards of hygiene of the water source or the bottling process. The FSAI view is that the presence of coliforms in bottled water does not necessarily indicate a risk to consumer health.

No products were deemed to have been unsafe during the course of the surveillance period. In addition, industry measures to improve the quality of affected products were taken quickly. The FSAI did not consider it necessary, therefore, to take stronger enforcement action. This is in line with normal practice and proportionate to the nature of the non-compliance detected. This is also consistent with the FSAI working to develop an Irish food safety culture of commitment rather than one of mere compliance.

While the FSAI deemed that there was no threat to public health, follow-up actions were taken to ensure full compliance of all products with the bottled water regulations. Environmental health officers conducted follow-up sampling, on an ongoing basis. No problems were found during the first six months of 2008. The FSAI has assured the public that there is no cause for concern about the safety of bottled waters on the Irish market.

The FSAI report will be published in its entirety during the next couple of weeks when the scientific review process is complete.

Docklands Development Project.

I thank the Chair for the opportunity to raise this important matter. I am pleased my constituency colleague, Deputy Micheál Martin, is here to address the issue, as I know he has supported the Cork docklands project since its infancy.

Cork docklands represent an area of approximately 166 hectares in the middle of Cork city, with more than 4 km of waterfront. The area includes the south and north docks. The plan for the regeneration of the Cork docklands area provides for the development of residential units which could cater for up to 15,000 people. Such a development would create thousands of jobs, would involve the development of an integrated transport network and a convention centre and would help to stem the recent decline in the population of Cork city.

At the outset, I wish to pay tribute to the work of Cork City Council and in particular that of the docklands directorate it established in recent years to promote and lead this project thus far. In particular, I pay tribute to the leadership shown by the council's director of services, Pat Ledwidge, and the city manager Joe Gavin. Without their work on the Cork docklands project, it would be but a pipe dream. They published a Cork docklands development strategy in 2001, a Cork docklands economic study in 2007 and a south docks local area plan in 2008.

For many years, the importance of the Cork docklands project has been recognised in local, regional and national strategy documents, including the Cork area's strategic plan, the national spatial strategy, which recognised Cork as a gateway city, and the national development plan, which recognises the importance of the Cork docklands project. In recognition of this and of the work undertaken by Cork City Council, last year the former Taoiseach established the national steering forum for the Cork docklands project. I understand the forum's report, which has become known as the Wrixon report as it was chaired by Professor Gerry Wrixon, was completed in recent months and has been submitted to the Department of the Environment, Heritage and Local Government.

The forum conducted its work in a representative fashion. Its membership included the city and county managers, representatives of Cork Chamber of Commerce, the Port of Cork and six Departments, as well as local landowners and community representatives. It had a broad membership and its report has been submitted to the Department recently. However, it has yet to be published and the Minister should address the issue of when it will be published. Elements of it have been leaked to the media and one can only assume such reports have been accurate. For instance, they set out that the report provides for an investment by the State of up to €615 million in the years to 2020 on the construction of three bridges, three roads, public transport, water, schools and so on. The report also is alleged to have recommended the establishment of a new body to oversee the development of the docklands during the next 20-year period and that planning control should remain with Cork City Council.

There has been some debate in Cork as to whether the lead implementing agency should be Cork City Council or a national body. I believe that notwithstanding the immense work done by the city council to date, advancing this project through the barriers and obstacles will require national input and leadership along the lines recommended by the forum report that was published.

I welcome the progress that has been made to date, particularly in respect of the Minister's intention to introduce tax incentives for the SEVESO-listed sites that form part of the Cork docklands area, subject to the approval of the European Commission. There are three such sites within the Cork docklands area and their removal would address a key barrier to the future development of the docklands area. As the Minister is aware, the Cork docklands project is of national significance and at a time of recession in particular, it represents a not-to-be-missed opportunity for our city and region and I look forward to the Minister's reply.

I welcome the raising of this issue by my constituency colleague from Cork South-Central, Deputy Michael McGrath.

It is good for the Minister to come in to reply to him.

The Minister, without interruption.

I also am here to take Deputy Neville's Adjournment matter.

He should appreciate that.

Given the national remit of the matter tabled by Deputy Neville, I was particularly anxious to come before the House to clarify that position. He should be grateful and appreciative of my presence.

It is much appreciated.

The Minister should proceed.

There is general consensus among relevant Departments and State agencies that the ambitious plan for the regeneration of the Cork docklands advanced by Cork City Council is potentially of major significance both to the city itself and in a wider national framework.

With an area of more than 160 hectares contiguous to the city centre, the docklands offer the prospect of developing a modern, mixed-use city quarter. Current plans anticipate that over a 20-year period, the population of the docklands could increase from 500 at present to approximately 22,000. This would entail the provision of more than 9,500 residential units, including nearly 2,000 social and affordable units. This regeneration project has the potential to sustain approximately 27,000 new jobs in retail and financial services, industry, ICT, higher-level educational institutions and leisure and cultural activities.

Development on this scale is the equivalent of placing a large Irish town in a city centre location and would give Cork further critical mass in terms of its potential to act as a counterpoint to Dublin. For this reason, the regeneration of the docklands is recognised as a priority project under the national development plan and as an important element in meeting the overall objectives of the national spatial strategy regarding balanced regional development. Moreover, there is a clear commitment in the programme for Government to support the transformation of the area.

In recognition of the potential significance of the Cork docklands project, I, on behalf of the Government, established the Cork Docklands Development Forum, comprising representatives of relevant Departments, State agencies, local authorities and business and community interests. The forum's secretariat was based in my former Department of Enterprise, Trade and Employment. Essentially, the forum was asked to prioritise the early consideration by, and response of, public bodies to the docklands area plan and to promote the effective co-ordination and delivery of public investment in the docklands. The backdrop to this was the successful work of the Departments of Enterprise, Trade and Employment and the Environment, Heritage and Local Government to get special consideration on the regional aid map for the encouragement of small and medium enterprises and industry in the area.

The forum's report was submitted in July and set out a policy and economic rationale for the regeneration project; identified key economic and other drivers essential to the realisation of the vision for the area; identified and costed critical public infrastructure required over the lifetime of the project, to 2027 at least, to underpin subsequent private investment; considered significant constraints and barriers to the intended redevelopment; considered how this redevelopment might be incentivised; and made recommendations regarding institutional arrangements to bring the project forward.

The forum report envisages highly significant investment in public infrastructure, including the proposed eastern gateway bridge in opening up the south docklands for development, as well as possible support for relocation of port and other activities. In this regard, a new ring-fenced tax incentive scheme will be established to facilitate the removal and relocation of SEVESO-listed industrial facilities that hinder the residential and commercial regeneration of docklands in urban brownfield areas. The EU SEVESO directive seeks to protect public safety by placing land-use restrictions on new residential and commercial development near locations where dangerous substances are stored. Further details will be outlined in the Finance Bill to be published on 20 November. I commend the Minister for Finance on his positive response to this issue, which also will affect other docklands areas. We have been working together to try to move this agenda forward. This scheme is subject to clearance by the European Commission from an EU state aids perspective. However, preliminary work has been undertaken by the forum with the Commission in this regard. The cost of this measure will depend on take-up.

The gateway innovation fund was designed to incentivise joined-up planning and delivery of development initiatives in the national spatial strategy-designated gateway cities and towns, in conjunction with the private sector and complementing other NDP investment. While, in the overall context of budgetary decisions, it has been necessary to defer allocations under the fund for 2009, I recognise the strategic potential of targeted investment for the future to drive and facilitate development and build on the local momentum in the gateways. There is constant engagement with the Minister for Finance and other Ministers with regard to this bridge. As for the agency issue, the forum was clear in this regard. Moreover, this is a national project and the experience of the forum showed the importance of the involvement of a variety of Departments. It ensured acquiescence and inputs from the relevant Departments, including the Departments of Enterprise, Trade and Employment; the Environment, Heritage and Local Government; Arts, Sport and Tourism; Finance and so on. It is an important part of the spatial strategy and that is the rationale behind having an agency approach to the development itself.

International Agreements.

I would appreciate sharing my time with Deputy Coonan. The Acting Chairman might remind me when a minute remains.

Is that agreed? Agreed.

I thank the Minister for Foreign Affairs for taking the Adjournment. First, I pay tribute to the more than 40 Irish humanitarian agencies that work with children in Belarus in the aftermath of the Chernobyl nuclear disaster. On 25 and 26 April 1986, the world's worst nuclear power accident occurred in Chernobyl in the former USSR. The accident killed more than 30 people immediately and as a result of high radiation levels in the surrounding 20-mile radius, 135,000 people were evacuated. Unfortunately, the Belarusian Government has announced restrictions on travel visas for children travelling to Ireland for rest and recuperation. These children come to Ireland to live with host families twice yearly, three months in summer and one month at Christmas. Since there is significant concern they will not be able to travel for Christmas, I hope the Minister will have news in that regard. The trip gives their immune systems a chance to recover from radiation and the children, mostly orphans, receive tender love and care from their adoptive families.

Further complicating the issue is the matter of a bilateral agreement on child care sought by the Belarusian Government last year which still has not been completed by the Department of Foreign Affairs. This agreement needs to be handled immediately as the repercussions of tardiness may have terrible implications for the children of Belarus travelling to Ireland. The responsibility for this agreement lies with the Minister's Department. Without it, families are unable to progress any further on the problem of travel restrictions. It is imperative that the issue be resolved in the next two weeks to allow at least some of the children visit their Irish families for Christmas.

Let us be under no illusion. Unless the child care agreement is finalised, children from Belarus will not be allowed to travel to Ireland again. The document has been awaiting completion in the Department since April 2007. The Government must not miss this opportunity as it may not get another. A similar opportunity in respect of adoptions was missed some years ago, since when there have been no adoptions between Belarus and Ireland. The restrictions imposed are that no child over the age of 14 will take part in the rest and recuperation programme and no child will travel more than three times in his or her lifetime to any one country.

It is important that the bilateral agreement be signed and sealed by the Departments of Foreign Affairs and Health and Children immediately. Failure to comply with the agreement will most certainly seal the fate of the Chernobyl children as it is highly unlikely that Ireland will get any second chance in this regard.

On 13 October, the President of the Republic of Belarus signed a decree introducing amendments and additions to another decree on children's recuperation abroad on the basis of foreign aid, which was issued on 18 February 2004. The President's press service states that, according to the decree, Belarusian organisations will be entitled to send children for recuperation to the foreign countries with which Belarus has concluded international agreements with the provision of government guarantees of safe stay and scheduled returns. Such an agreement has only been concluded with Italy.

While agreements are being negotiated, Belarus permits foreign health promotion trips of special groups formed of children who cannot go abroad in regular groups because of document supported medical contra-indications. The new decree establishes age limits and restrictions on the number of visits to a single country. From now on, recuperation abroad is only available to children of up to 14 years of age and they can go to the same country no more than three times.

The Council of the Republic of Belarus has approved the ratification of the Belarusian-ltalian agreement stipulating terms and conditions on recuperation holidays. I urge the Government to sign a similar agreement with Belarus.

I thank Deputy Neville for raising this matter on the Adjournment and I urge the Minister to use his skills and many talents, especially in diplomacy, to seek a resolution to this matter, bearing in mind the outstanding efforts of the volunteers and host families. Bonds of friendship and contacts between various families and children in Ireland and Belarus have been formed. It is a hand of friendship from a well-off country to a less well-off country.

I ask the Minister to bear in mind the issue of visas. The change from what was a group visa to individual visas makes coming to Ireland difficult for the Belarusian children who most need it because they must now travel to Moscow. The Minister is aware of the situation and I support his efforts. I urge him to leave no stone unturned in realising the dreams and hopes of many in this country.

I thank the Deputies for raising this issue. Visits to Ireland by children from the Chernobyl region of Belarus have been continuing for more than 17 years. There are approximately 50 associations in Ireland involved in bringing to this country more than 2,500 children each year for rest and recuperation. I cannot praise too highly the selfless efforts of the many charities and families who respond so generously year after year. In recognition of the valuable work of one of the charities, Chernobyl Children's Project International, Irish Aid committed €600,000 over three years in March 2008 for the development of day care centres in Belarus.

The Belarusian authorities have frequently underlined their satisfaction with the welcome afforded the children in Ireland. However, as a result of the failure of a small number of children to return home from other states following recuperation visits, Belarus has proposed to a number of EU member states, including Ireland, formal agreements that would secure the welfare of the children and ensure their return to Belarus. Pending the conclusion of such agreements, the Belarusian Government indicated in late August that it would be suspending visits by Chernobyl children.

Securing the continuation of the Chernobyl children's visits to Ireland is of considerable importance to me as it is to the host families and I am determined to bring the matter to a successful conclusion. As soon as I learned about the suspension of visits, I met Ms Adi Roche of Chernobyl Children's Project International on 8 September to hear her concerns at first hand. I asked Ireland's ambassador to Moscow, who is also accredited to Belarus, to travel to Minsk the following day to register the Government's strong concern about the suspension of the children's visits in the absence of a formal agreement. I have subsequently met other organisations, including the one headed by Mr. Liam Grant in the south east.

On 11 September, at my invitation, the chargé d'affaires of the Belarusian Embassy in London travelled to Dublin. We confirmed to him that we would work with the Belarusian authorities to arrive at an agreement between our two Governments that would provide a framework for future visits. There followed an intensive series of exchanges at official level in September and early October and a revised draft agreement was forwarded by my Department to the Belarusian authorities on 6 October. A response to this requesting further information was received from Belarus on 16 October.

In the meantime, I met the Belarusian Foreign Minister, Sergei Martynov, in Luxembourg on 13 October. During a cordial exchange, I expressed the Government's strong hope that, even if negotiations with the Belarusian Government were not fully concluded, visits by the Chernobyl children to Ireland would be allowed to go ahead over Christmas.

In a separate but related development, however, the Irish ambassador in Moscow was informed by the Belarusian authorities on 16 October that a presidential decree had been signed covering travel by Belarusian children overseas. The decree completely blocks such visits to countries where there is no bilateral agreement. Regarding countries that conclude agreements after 1 October, it limits visits to those children between the ages of seven and 14 and the number of visits to any one country to a maximum of three. Those countries with agreements that were concluded in advance of that date have no such restrictions. There is only one such country.

Following consultations with a number of Chernobyl non-governmental organisations, it was decided that the presidential decree also needed to be addressed in the terms of our draft agreement. On 24 October, my Department replied to the Belarusian note of 16 October and proposed a method of doing this. A response attaching a new draft of the agreement was received through our embassy in Moscow late on 14 November. The text of the revised agreement is being examined closely by officials in my Department and in the Office of the Minister for Children in consultation with the Attorney General's office and the Department of Justice, Equality and Law Reform. An interdepartmental meeting will be held the day after tomorrow to determine our response. In addition, at a meeting of the Government this morning, I secured the formal consent of colleagues to the signature of the agreement once negotiations have concluded. It is intended to forward our response to Minsk without delay with a view to finalising the negotiations at the earliest possible date. Officials are on standby to go to Minsk if required. I am also ready to intervene further at the political level if necessary.

My Department has received positive indications from Belarusian officials that visits by children from Belarus can continue while the negotiating process is ongoing. I hope that these indications can be confirmed with the Belarusian Government in the coming days. Close contact is being maintained with the charities dealing with Chernobyl children as the situation evolves and I am determined to find a satisfactory outcome to this issue.

We are at the penultimate stage in this delicate process and we have worked closely with all of the groups to resolve the issue together. The response to the process has been positive. I understand people's concerns but there is a need for patience on all sides. We will do everything possible to arrive at a satisfactory solution in respect of this matter.

Will the Minister keep us informed of progress?

Schools Refurbishment.

I welcome the opportunity to raise this important issue relating to my locality. The situation to which I wish to refer is no doubt replicated throughout the country. In June of this year, the management of the Christian Brothers high school, Clonmel, noticed a leak in the building that houses the first year and transition year students. The building was erected in 1899 and is now a listed structure. Architects and builders investigated the nature of the leak in June and discovered that the damage to the roof was considerable. In light of the serious nature of the damage and the fact that the building is listed, they recommended that the roof be replaced.

When there is wet weather in Clonmel, the roof leaks. When heavy rain occurs, tiles tend to slide off the roof and there is a danger that they might hit students. Some 156 students, approximately 20% of the population of the school, use the building each day. They are placed in danger when walking through it because the floors are chronically slippy and the stairs are incredibly hazardous. While tiles do not fall from the roof regularly, the danger to first year and transition year students remains.

This urgent situation was brought to the attention of the Department of Education and Science and an application was made for emergency funding. The latter was refused. The authorities at the school are afraid to put students at risk during the winter months in such a negligent manner. Knowing the dangers inherent in this situation, on which the architect briefed them, they are afraid that they would be liable for damages if a child were hurt. The authorities at the school must inform their insurance company of the issue and are afraid that the building may be closed because it is unsafe. There is no doubt that this is an emergency funding situation, particularly when one considers that it would cost €150,000 plus fees to repair the roof.

I hope the Minister will be able to provide reasonably good news in respect of this matter. The provision of a small amount of money to repair the roof at the school could prevent someone being hurt. I visited the school on several occasions. It is an old school and does great work in the heart of Clonmel. I urge the Minister to ensure that it is catered for by the provision of a small amount of capital funding.

I thank the Deputy for raising this matter because it gives me the opportunity, on behalf of the Minister for Education and Science, Deputy Batt O'Keeffe, to outline to the House the Department's position regarding the allocation of funding for Ardscoil na mBráithre, Clonmel, County Tipperary.

The main purpose of the emergency works scheme is to ensure the availability of funding for urgent works to those schools that are most in need of resources as a result of an unforeseen event of a capital nature that can arise during the course of a school year. This process will elicit specific relevant information to enable a verifiable, speedy and equitable process. Primary and post-primary schools requiring emergency works to be undertaken in the current year must apply under this scheme. The purpose of the scheme is solely for unforeseen emergencies. It is not intended that it be used to supplement previous applications under other schemes that have not been successful in securing funding in the current year. All relevant and supporting information in respect of an application must be provided in order to support a claim for emergency grant aid. All applications are dealt with on an individual basis.

Under the National Development Plan 2007-2013, almost €4.5 billion has been allocated to the school building and modernisation programme. The Department of Education and Science has an allocation of €586 million this year — and a similar figure next year — for the school building programme. The emergency works grant scheme is one of a number of component elements or sub-programmes of the capital allocation. The other elements include large-scale building projects — new school buildings and major extensions-refurbishments; site acquisitions; remediation programmes — asbestos removal, radon mitigation; furniture and equipment; and provision of temporary accommodation etc. It is also the intention of the Minister, Deputy Batt O'Keeffe, to introduce a summer works scheme in 2009.

In light of the large number of projects seeking funding under this scheme and the competing demands on the budget allocated, it was not possible to provide funding for all applications received. In general, it is open to the unsuccessful applicants to reapply for funding for these works in 2009.

The Management Authority of Ardscoil na mBráithre applied for funding under the emergency works scheme last August to carry out works to the roof of the old high school building. Unfortunately, it was not possible to fund the project at that time. The management authority has submitted a further appeal in the matter and this is under consideration. The school will be informed of the outcome as soon as possible.

I again thank the Deputy for giving me the opportunity to outline the current position in respect of the school to the House.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 19 November 2008.
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