Dáil Éireann díospóireacht -
Wednesday, 11 Mar 2009

Vol. 677 No. 4

Adjournment Debate.

Fiscal Policy.

Deputy James Bannon

I thank the Ceann Comhairle for affording me time to address this important matter, namely the views of the Minister for Finance on the desirability of all sections of the public service, including the Judiciary, developing policies and plans for cost-saving measures in the current economic climate. The need to bring this matter before the House is driven by the series of knee-jerk reactions by the Government in response to the financial downturn, which totally lack cohesion, and by public concern at the perceived inequity.

The remedial actions currently taken by the Government lack equity as they bypass the upper levels, including the President and the Judiciary, and leave the lower and middle income sectors to bear the brunt of the Government's pension levy. I have already raised under Standing Order 32 the issue of the exemption of judges from the payment of the pension levy. Although this exemption appears to be justified under Article 35 of Bunreacht na hÉireann, it is open to debate. Such a levy could be said to be a form of taxation and the imposition of same may not in fact contravene the constitutional safeguard of remuneration, as judges do pay tax. The pension levy has created a social divide which will not be bridged easily. Judges are entitled to quote Article 35 of Bunreacht na hÉireann with regard to their remuneration. However, the Constitution was never meant to be a veil for the Judiciary or anyone else. It must be guarded and nobody should hide behind it. The Judiciary and the Government would be well advised to focus on the preamble of the Constitution which places the power firmly in the hands of the people.

As members of the Judiciary well know, no one is above the law. Likewise, in these extraordinary times no one should be above making sacrifices for the well-being of their country. If nothing else, noblesse oblige should impel our judges to make a voluntary contribution. It is a question of perspective. Why should those who are struggling to make ends meet see the Judiciary, who are at the top of the public service payscale, escaping the payment of this levy?

The Minister chose to ignore calls from the Opposition not to include an exemption for the Judiciary in the Financial Emergency Measures in the Public Interest Act which introduced the pension levy, thus enshrining it in law. I am puzzled as to why this had to be and why he chose to copper-fasten the exemption. Article 36 of Bunreacht na hÉireann allows the regulation of matters pertaining to judges, including remuneration and pensions, in accordance with the law, which is where a fresh look at this issue of the pension levy legislation could have made a difference.

The term "remuneration", in general as well as in the context of employment law, covers more than salary and includes any benefits which are conferred on an employee in the course of his or her employment. Nonetheless, it is still within the Minister's gift to turn his attention to cost cutting measures in the Judiciary under section 8(3) of the Court Services Act 1998, which states that "the Service shall, if so requested by the Minister, furnish to the Minister such information as the Minister may request relating to a number of matters." This subsection envisages the provision of information other than, or in addition to, that contained in the annual report. In this context, the Minister may request information in respect of any or all of the categories listed in the subsection.

I am calling on the Minister to seek parity for low and middle income earners by requesting the Judiciary to furnish details of cost-cutting measures in line with those of other public sector workers.

Minister of State at the Department of Health and Children (Deputy Mary Wallace)

I am speaking in this debate on behalf of the Minister for Finance, and I thank the Deputy for raising this issue.

The drive to secure savings and efficiencies across all areas of the public service is now well advanced, and this process has been under way for some considerable time. Even before the full extent of this unprecedented downturn in public finances became apparent, the Government was publicly committed to an ongoing programme of streamlining public expenditure. In his 2008 budget statement, the then Tánaiste and Minister for Finance, Deputy Brian Cowen, announced an efficiency review of all administrative spending across the whole public service. The Minister indicated that particular areas of interest included possible inefficiencies due to the multiplicity of boards and agencies, the need for better sharing of certain services, and efficiencies in management, travel and consumables in general.

In July 2008, his successor as Minister for Finance, Deputy Brian Lenihan, announced a range of efficiency and savings measures, including those identified as a result of the budget day efficiency review. Among the other measures were a reduction in the payroll bill of 3% for all Departments, State agencies and local authorities, other than health and education, by the end of 2009; a significant reduction in expenditure on consultancies, advertising and public relations by Departments and agencies in 2008 and a minimum 50% decrease in 2009. The above measures were designed to minimise the effects on users of services in the areas of health, education and social welfare and were estimated to deliver savings of €440 million in 2008 and €1 billion in 2009.

In addition to the above savings, the Minister instigated a review of agencies to determine whether they could share services, whether it would be appropriate to absorb some of their functions back into their parent Departments, or whether some agencies should be amalgamated or abolished. In the 2009 budget, the Minister for Finance announced 30 rationalisation decisions that will reduce the number of State agencies by 41. At the moment, nine of the 30 rationalisation decisions have been implemented, covering nine State agencies and the closure of the four Army barracks. Legislation to give effect to the remaining decisions is in preparation.

The continued fall in economic activity entering 2009 has meant that, even with these savings, the fiscal position has continued to deteriorate, which led the Government to announce further measures in February. These further savings are estimated to achieve up to €1.8 billion in 2009 or €2 billion in a full year. While further efficiency and capital savings were announced, the main element of this package of measures was the introduction of public service pension-related deduction. The principle behind the public service pension-related deduction is that it should apply across the public service. This is based on the need to reduce the public service pay bill and is also in recognition of the pension benefits enjoyed by public servants.

One category to which the deduction does not apply is the Judiciary. Our Constitution is quite clear on this. Article 35.5 expressly states, "The remuneration of a judge shall not be reduced during his continuance in office." We have legal advice confirming that the pension-related deduction should not be applied to the Judiciary. Of course, the pension-related deduction is not the only action that the Government has taken to contain and reduce public service pay costs. The increases under the review and transitional agreement for 2008-09 are not being paid, which will lead to further savings of up to €1 billion next year.

The measures outlined above show the determination of the Government to restore balance to the public finances in the face of a continued international economic slowdown. The Taoiseach today announced the Government's intention to present a supplementary budget to the House on April 7. This supplementary budget will continue the process of adjustment begun by the earlier savings measures, as this is the only way to ensure the future fiscal stability and economic prosperity of this country.

Hospital Services.

Deputy Mary O’Rourke

I thank the Minister of State for being here this evening from the Department of Health and Children. I was moved to put down this motion on the Adjournment due to the sad tale which I read in a letter sent to me yesterday. It was about a 16 year old girl who is suffering from severe scoliosis, which is a curvature of the spine. She has been to her local doctor and her consultant in Crumlin Hospital. He works in that hospital and in the Blackrock Clinic. The parents were told that her curvature was above 45 degrees and that she would need surgery as the curve progresses with time. The consultant carried out a full day of tests on her and the parents were informed that it would take up to 18 months for this girl to have her operation through the public system, and a similar length of time in the private system.

The parents, the consultant and her local doctor feel that this should not be the case. She is a young girl and has been very active in athletics. She was into gymnastics, basketball, Gaelic football and has national medals in trampolining. She is now in transition year at school. At her age, the curvature develops very rapidly and the young girl could find herself misshapen. The operation in question would be much more difficult at a later stage than if it were done now.

I put down this matter without much hope that it would be taken on the Adjournment, but I ask the Minister of State to convey the following urgent message. Any young person diagnosed with severe scoliosis should have his or her operation carried out with the least delay possible. I hope that in replying, the Minister of State will be able to provide a positive direction for this young girl.

Deputy Mary Wallace

I will be taking the Adjournment matter on behalf of the Minister for Health and Children.

Our Lady's Children's Hospital in Crumlin is Ireland's largest paediatric hospital and provides a wide range of secondary and tertiary paediatric care. I have read the details of this case as supplied and I share the Deputy's wish that treatment be made available as soon as possible, either at Crumlin or by arrangement with another provider, possibly through the National Treatment Purchase Fund. However, it would not be appropriate for me to discuss the specific circumstances of the case, the details of which have been brought to the attention of the HSE by the Department, as a result of the Deputy raising the matter with us today.

The HSE is in discussion with the hospital authorities about the capacity of the hospital to provide surgery for a number of children with a similar condition. The hospital has the necessary theatre capacity to undertake additional procedures, but an issue has arisen with regard to the provision of anaesthetic cover. The HSE is to meet shortly with the three Dublin paediatric hospitals to explore the potential for resolving this issue. This is a welcome initiative, as we must make every effort to maximise all available resources for the benefit of the children concerned.

The specific circumstance of this case have been brought to the attention of the HSE by the Department, as a result of Deputy O'Rourke raising the matter with us today.

Garda Deployment.

Deputy Niall Blaney

In light of recent killings in Northern Ireland and the spate of robberies along the Border, especially in my constituency of Donegal North-East, I call on the Minister to request the Garda Commissioner to review Garda numbers along the Border. It is especially pertinent at this time because in my constituency and in a number of regions along the Border there has been an increase in the number of robberies in recent months. Even in recent weeks in my own constituency and in the other constituency in Donegal, namely Donegal South-West, there has been a very significant increase in the spate of robberies. While I recognise that there have been breakthroughs by the Garda Síochána, I fear dissident activities are taking place which may have fuelled the incidents or funded some of the dissident organisations, which we have seen carry out scurrilous work in Northern Ireland. I refer to the three killings of the past number of days.

In some weeks time as co-chair of the British-Irish Parliamentary Assembly I will host a plenary conference in Donegal. There are immediate concerns related to security matters. Only this evening I spoke with the other co-chair, Mr. Peter Hain, MP, who will attend along with a number of other Members of Parliament. There is concern about recent events and it is something we must review to ensure security is stepped up. Of late there have been several post office robberies along the Border, affecting such areas as Carrigans, Muff, Bridgend and Newtowncunningham. Shops, bookmakers and small businesses are under pressure. Many people are living in fear whether their business is a post office, a shop or a bookmaker's. The situation is causing undue hardship. Some people are wondering if they are safe in continuing their business or if they would be better off wrapping it up. Such people are somewhat insecure at present.

Since the Good Friday Agreement there has been a step down in the number of gardaí directly along the Border, although not throughout Donegal. The Minister should contact the Garda Commissioner with a view to having security along the Border reviewed, especially in my constituency of Donegal North-East. I seek such a review and a situation whereby the Garda Commissioner is comfortable with the presence of gardaí directly along the Border. If there was a proper presence in this area, there would be less illegal activity.

There is a possibility of dissident involvement in fuel laundering along the Border. I am especially concerned about such activity in my constituency. I believe that some public houses are possibly owned by dissidents. We must take a hard look at all those in business, their background and from where they have come. We must be smarter about dealing with security along the Border.

I recognise the good work of the Garda in Donegal. I am aware of the extent of the co-operation between the Garda and the PSNI, the Police Service of Northern Ireland. I am also aware that one member of the PSNI is currently transferred to a station in Letterkenny. Such activity and work of the Garda are to be welcomed. However, the presence of gardaí directly along the Border must be stepped up. I urge the Minister to meet the Garda Commissioner and request him to review the situation and provide the House with an update.

Deputy Mary Wallace

I thank Deputy Blaney for raising the matter of the tragic events of the past few days in Northern Ireland. I add my voice to that of the Taoiseach and the other Members of the House who spoke in support of today's all-party motion condemning these killings and expressing deep sympathy for the families of the victims.

The Garda Síochána is in very close contact with the Police Service of Northern Ireland and co-operation, both in terms of pursuing those responsible and seeking to prevent any further incidents, remains at the highest level. The Chief Constable has publicly recognised the excellent co-operation between the two forces. The Garda Commissioner and Chief Constable will meet on Thursday to discuss the latest developments in these cases and our continuing response to them. The Minister and Garda Commissioner have been very conscious of the threat posed by dissidents and that is why, despite the political progress in the North, the Garda has continued to deploy extensive resources targeting dissident activities. It should be noted by the House that despite the political progress in recent years we have retained the full legislative armoury for dealing with terrorist groups.

The harsh reality is that it does not take a large group of people, or significant resources, to engage in this type of activity. Nor, in the short term at any rate, do they require any significant level of support in the community. The House can be assured that the Government remains determined that the peace process will not be jeopardised by the actions of a small minority. The Minister has been informed by the Garda Commissioner that on 31 January 2009, the latest date for which figures are readily available, the personnel strength of the Garda divisions in the border areas to which Deputy Blaney referred was as follows: Donegal, 485; Cavan-Monaghan, 416; Sligo-Leitrim, 323; and Louth, 295. These divisional strengths are augmented by the resources available to regional and national units, for example, the National Bureau of Criminal Investigation, the Garda National Drugs Unit, the Criminal Assets Bureau, etc., as and when required.

The Minister is also informed that local Garda management, through ongoing monitoring and analysis of crime trends, is aware of the other issues being raised by Deputy Blaney and the Garda Síochána has put the following measures in place to prevent, reduce and detect such incidents: additional patrols by uniformed and plain-clothes personnel; redeployment of resources, to assist in the identification of suspected offenders for these offences; the dissemination of crime prevention advice to the local community using local media, including radio and newspapers; and local senior Garda management meetings with representatives of the local communities to apprise them of ongoing efforts and initiatives targeting this type of criminality, including appealing to the community to report any information on suspicious activity occurring in the area to the Garda Síochána. Liaison has been established and is being maintained with the Police Service of Northern Ireland to establish similar crime trends in that jurisdiction, which may assist in identifying suspects for these incidents.

A divisional crime manager has also been appointed in each Garda division to assist in the monitoring and analysing of crime trends in conjunction with the divisional officer and divisional detective inspector to prepare specific initiatives and operations to target specific crime types. Given the geographical location, there are significant levels of ongoing cross-Border co-operation with the Police Service of Northern Ireland in identifying crime trends and possible suspected offenders for crimes in both jurisdictions. Border superintendents attend bi-monthly crime meetings at various locations, including Garda headquarters. At local level, cross-Border crime meetings are held on a monthly basis with regular, sometimes daily, interactions regarding individual incidents and other criminal activity.

In addition, the Garda Síochána Acts of 2005 and 2007 provided for police co-operation between the two police forces. The protocols signed between the Commissioner of the Garda Síochána and the Chief Constable of the PSNl, allowed members of the Garda Síochána and members of the PSNl to take part in exchange programmes in each other's jurisdiction. The areas where exchanges take place have been expanded into the operational field, where the development of understanding and networks between the North and here could be most beneficial. To this end exchanges have been expanded to district community policing units, divisional drug units, divisional traffic units, divisional crime units and district detective units. This expansion commenced in the Border divisions, namely, Louth-Meath, Cavan-Monaghan, Sligo-Leitrim and Donegal.

The Minister wishes to assure Deputy Blaney that both he and the Garda authorities are committed to providing the resources necessary to tackle crime. The allocation of personnel by the Commissioner is determined by a number of factors including population, crime trends and as the policing needs of each division dictates. It is the responsibility of each Garda divisional officer to allocate personnel within his or her division. Notwithstanding this, the level of Garda personnel assigned throughout the country, and overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures optimum use is made of Garda resources and the best possible Garda service is provided to the general public. I thank Deputy Blaney for raising the issue of Garda numbers.

Schools Building Projects.

Deputy Richard Bruton

I regret the Minister of State in the Department of Education and Science, Deputy Haughey, is not present as he has a unique insight into Mount Temple Comprehensive School which is located in the constituency he and I represent. Without wishing to denigrate the presence of the Minister of State, Deputy Wallace, I hope she will convey to the Minister my concerns about the school in question.

Mount Temple Comprehensive School is a unique school on the north side of Dublin. While it emerged from the Protestant tradition, it has always been much more than this, having fostered a broad pupil mix from the outset. Members will be aware of the famous book by Christopher Nolan entitled, Under the Eye of the Clock. Mr. Nolan, who was severely disabled, achieved tremendous things and the eye of the clock of the title refers to the clock tower in Mount Temple school where he was educated. The school has always reached out to children with special needs and children who need a different type of education. It is unashamedly different in its approach to providing education, for which it should be cherished and valued.

Places in Mount Temple Comprehensive School are in huge demand, with three children waiting for every place. Built originally to accommodate 450 pupils, the school currently has 850 students. This expansion has only been possible by pressing into service preserved old buildings such as the manor house and using prefabricated buildings. The school consists of a patchwork of seven buildings, none of which even remotely reaches acceptable standards in energy efficiency or in terms of the type of building one expects in a modern school.

The tragedy in this case is that the school has been trapped for eight years in the labyrinth of the Department's building pipeline. I defy anyone to explain to me how this pipeline works. The Acting Chairman, Deputy Wall, may have experienced this process but it is the most mystifying system I have come across. It appears to be designed to hand-trip schools which are making honest endeavours to provide for pupils rather than to facilitate the progression of building projects which have been recognised as needed.

Several years ago, the Department acknowledged that the school needed to be completely rebuilt. The school is located on an exceptional, wonderful and large site in the heart of the city. With its preserved buildings and additional features, it is a unique asset which should be developed. It is particularly galling for the school to see the charmed approach the Department has taken to a squash facility with a small membership which happened to be built on the same land as the school and has, over the past 15 years, probably received €1 million in support to keep it going. Meanwhile, a school with 850 pupils is struggling to survive.

What are the next steps in the building project? What timeframe can one reasonably expect for completion of each phase? Is it a question of waiting for cash approval to enable projects to be released like a flood and inform us where we stand? The process is frustrating for schools. In this case, the school has committed to fund the statutory process and provide €1.5 million towards the cost of the new building. There is major commitment behind the school, which is a unique educational facility. As well as the traditional Protestant schools, all the Educate Together schools in the local area feed into Mount Temple. Its special worth should be recognised by the Department.

Deputy Mary Wallace

I thank Deputy Bruton for raising this important matter and I will endeavour to demystify the system and explain the steps taken as part of the building process. This debate provides me with the opportunity to outline to the House the Department's strategy for capital investment in education projects and the current position with regard to the building project for Mount Temple Comprehensive School on the Malahide Road in Dublin 3.

All applications for capital funding are assessed in the planning and building unit of the Department. The assessment process determines the extent and type of need presenting based on the demographics of an area, proposed housing developments, condition of buildings, site capacity, etc. This leads ultimately to an appropriate accommodation solution. As part of this process, a project is assigned a band rating under published prioritisation criteria for large-scale building projects. These criteria were devised following consultation with the education partners.

To demystify the process, as requested by the Deputy, one must explain the band rating process as this helps establish the current position of a project. Projects are selected for inclusion in the school building and modernisation programme on the basis of priority of need. This is reflected in the band rating assigned to a project. In other words, a proposed building project moves through the system commensurate with the band rating assigned to it. There are four band ratings overall, of which band 1 is the highest and band 4 the lowest. Band 1 projects, for example, include the provision of buildings where none currently exists but there is a high demand for pupil places, while a band 4 project provides for desirable but not necessarily urgent or essential facilities such as a library or new sports hall. The building project for Mount Temple Comprehensive School has been assigned a band rating of 2.4 under these criteria.

All major projects on the Department's capital programme progress through the same structured process of architectural planning, which is divided into clearly defined stages. The stages of architectural planning are set out in the Department's design team procedures and are necessary to comply with Department of Finance guidelines which require that capital projects be fully designed prior to going to tender. They also ensure proper cost management of capital projects and facilitate compliance with statutory and public procurement requirements.

Deputy Bruton asked what are the next steps in the project for Mount Temple Comprehensive School. There are five stages involved in the progression of major school projects through architectural planning. The project for Mount Temple Comprehensive School is currently at the first stage of this process.

A submission for the early stage of architectural planning was submitted to the Department in September 2008 and is under consideration. The Department expects to respond to the school shortly with its comments on that submission. Once the preliminary stage is approved, there are four remaining stages in architectural planning. The next stage of the process is divided into stage 2a, which involves a developed sketch scheme for the project, and stage 2b, which brings the project to detailed design. It is at this stage that a project has reached the point at which it can apply for planning permission. Stage 3 of the process involves tendering the project and stage 4 sees construction start on site. There are no timescales set for the completion of each of these stages.

The Deputy also asked about the availability of cash. The Government has dramatically increased investment in the schools building programme to €656 million this year. This is an unprecedented level of capital investment which reflects the commitment of the Government to continue its programme of sustained investment in primary and post-primary schools. It will underpin a particular emphasis on the delivery of additional school places in rapidly developing areas, while continuing to develop on the Government's commitment to delivering improvements in the quality of existing primary and post-primary accommodation throughout the country.

More than 140 major projects are in architectural planning, including the project for Mount Temple Comprehensive School. In addition, more than 100 projects are in construction or have been approved to proceed to tender and construction. The progression of all large-scale building projects, including the project for Mount Temple Comprehensive School, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under the Department's capital budget. The project in question will continue to be considered for progression in the context of the Department's multi-annual school building and modernisation programme.

The allocation for school buildings in 2009 is €656 million. This represents a significant investment in the school building and modernisation programme. This level of funding for the building programme, at a time of great pressure on public finances, is a sign of the commitment of Government to investing in school infrastructure and will permit the continuation of progress in the overall improvement of school accommodation.

I thank the Deputy again for giving me the opportunity to outline to the House how the Department intends to address the needs of Mount Temple Comprehensive School. In light of current economic circumstances and with competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

The Dáil adjourned at 9.20 p.m. until 10.30 a.m. on Thursday, 12 March 2009.