Dáil Éireann díospóireacht -
Wednesday, 13 Jun 2012

Vol. 768 No. 2

Topical Issue Debate

Foreign Conflicts

Deputy Ann Phelan

I thank the Minister of State, I know he was late but at least he is in attendance. I believe this is the second time I have spoken on the topic of Syria and the situation has become graver. Given that Ireland is a member of the OSCE, of which we hold the chairmanship, we must voice our deepest concerns at the highest diplomatic level about the ongoing desperate situation in Syria, which appears to be on the brink of civil war. The UN has been trying to broker a ceasefire between opposing sides in recent months but it appears that has not been successful and the entire situation has escalated into one of horrific proportions.

If the latest reports from that country are to be believed, children are bearing the brunt of this civil unrest. Herein lies a great difficulty as the Syrian Government restricts journalists from moving freely, making it nearly impossible to independently verify accounts from either side. This action speaks volumes - why would it restrict coverage if it had nothing to hide? Very worrying reports are coming from the UN that children are being beaten, abused, tortured and subjected to sexual abuse. One report quoted a witness as saying several dozen boys and girls, between the ages of eight and 13, were forcibly taken from their homes and used by soldiers and militia members as human shields. An estimated 1,200 children have been killed in the 15-month conflict.

The UN Secretary General, Ban Ki-moon, said the report had uncovered many grave violations against children. The report was completed before the Houla massacre in Syria on 25 May, when 49 of the 108 victims were said to be children, who were shot in the head or had their skulls smashed with blunt instruments. We must act now. I am reminded of the quote, "The world is a dangerous place, not because of the evil men do, but because of those that stand idly by and do nothing". It has gone well past that time and we cannot just stand idly by. While our thoughts are elsewhere on economic affairs in Europe, we must act at this stage and bring pressure to bear given that we hold the chairmanship of the OSCE. Members of the OSCE include the United States and Russia, which have a very large role to play. We need to do whatever we can.

Deputy Seán Ó Fearghaíl

I thank the Ceann Comhairle for allowing us to raise the matter. I echo the sentiments Deputy Ann Phelan eloquently expressed. I am conscious that the Tánaiste has been active on the matter and that the Oireachtas Joint Committee on Foreign Affairs and Trade will meet tomorrow for a special discussion on the issue. It is vital that parliaments discuss the crisis which is now of gargantuan proportions. There is a particular onus on those of us in the EU to take unified action. The European Union was a social and economic Union of great success. It has also, in itself, been very successful peace project. It behoves us to unite in a way that the UN has failed to do effectively in addressing the matter. We need to focus on the failure of the UN Security Council to address this dreadful crisis given the stance being adopted by the Russian and Chinese delegations in their own national interests. I call on the Tánaiste and other European foreign Ministers to liaise directly with their counterparts in Russia and China. It would be useful to call in the ambassadors of those two states.

Today's Financial Times carries horrific reports from the US Secretary of State, Ms Clinton, that the Russian Government is supplying attack helicopters to Syria to massacre its own people. The international community cannot stand idly by and accept what is going on in Syria where a monstrous regime is attacking and killing its own people. I echo what has been said about children in particular. While war - particularly civil war - is regrettable in every circumstance, to attack helpless, innocent children and put them at the forefront of this conflict is totally unacceptable and disgusts the Irish people. It goes to the heart of our belief in the need for us as an independent voice in Europe to stand up and be heard and not to allow ourselves to be in any way inhibited by our membership of the UN or EU. While acknowledging that the Tánaiste has been active, I ask him to redouble his efforts.

Minister of State at the Department of Foreign Affairs and Trade (Deputy Joe Costello)

I thank Deputies Ann Phelan and Ó Fearghaíl for raising this urgent matter. The Government shares the concern of all right-thinking people at the escalating conflict in Syria which is now estimated to have claimed well over 10,000 lives in the past 15 months. There has been particular revulsion at the massacre in Houla on 25 and 26 May where more than 100 people, including 49 children, died as well as the reported mass killing of 78 people in the village of Al-Qubeir on 6 June. The Tánaiste has strongly condemned both these atrocities, including in statements issued on 27 and 30 May. Such atrocities, as well as the latest reports regarding the fate of the town of Haffa and the use of attack helicopters, provide further unwelcome testimony of the Syrian regime's utter disdain for human life and the welfare of its own people.

In the face of such atrocities, the Syrian people have every right to expect that there will be accountability and those responsible will be ultimately held to account. Ireland welcomes the strong statement issued by EU High Representative on 3 June on this issue.

The EU also actively worked to secure adoption of a resolution by the UN Human Rights Council on 1 June which extends the mandate of the UN Commission of Inquiry in Syria to investigate the events at Houla and report to the UN Security Council on possible criminal prosecutions. Referral of the situation in Syria by the Security Council to the International Criminal Court also remains an option and is one which the Government has already made clear it would be happy to support.

Despite the difficulties it is facing, the Annan plan remains the only agreed plan for ending the violence and promoting a peaceful transition in Syria. As joint UN-Arab League Special Envoy, Kofi Annan intimated to the UN Security Council last week that the problem lies not with his six-point plan but with getting the parties who have agreed it to honour their commitments. In particular, all parties should immediately cease all form of hostilities and the Assad regime must ensure the complete withdrawal of heavy weaponry and troops from population centres, the release of all political detainees and ensure free access to all, including media, humanitarian organisations and the UN. The humanitarian situation within Syria remains critical, with upwards of 1 million in need of assistance. Irish Aid has already provided €500,000 in emergency funding to assist the situation.

It is also critical that the UN Supervision Mission in Syria, UNSMIS, to which Ireland is contributing six officers, is allowed fulfil its mandate and enjoys full freedom of movement as well as security for its personnel. Recent attempts to prevent observers from carrying out their monitoring duties are completely unacceptable. The Minister for Defence is continuing to monitor the situation closely, with a view to ensuring the safety and security of the Irish officers serving with UNSMIS. If the Syrian regime or any other party continues to fail to meet their obligations under the plan, further action by the UN Security Council, including the imposition of sanctions, should be considered. This obviously argues for closer engagement with Russia, as it remains the country best placed to exert influence on the Syrian authorities at present. Special Envoy Annan has advocated an international contact group in this regard and this should be considered. Ireland is already active within the Friends of Syria group and will be represented at the next meeting of the group in Paris on 6 July.

No interest will be served by intensifying the conflict through either external military intervention or arming the opposition since we can already observe the impact which the Syrian crisis is having on the wider region, not least in neighbouring Lebanon. Pressure also must be maintained on the Syrian opposition to coalesce and agree a common platform, since this is an essential element for the Annan plan to succeed. Ultimately, an end to all violence as well as to Bashar Al-Assad's rule and an urgent political transition are required to resolve this crisis. The Annan plan, if fully implemented, offers the template for achieving this. Ireland and its EU partners will continue to work steadfastly in support of this aim.

Deputy Ann Phelan

I accept what the Minister has said but I still think a country that abuses children in the manner in which these poor Syrian children are being abused deserves a great deal more action. Syria is not a Third World country where, perhaps, a lack of education and democratic structures might excuse such behaviour. Syria is a leading light in the Arab League and is a modern example of a well structured society. This behaviour towards children is simply unacceptable from such an advanced nation. It appears the UN's appeals are falling on deaf ears, so it is up to Ireland and the EU to do something about this. Europe and the EU should impose whatever sanctions it can.

I welcome relations with Russia as the Russian influence in this situation could bring about some control. However, Deputy Ó Fearghaíl referred to the attack helicopters being ordered from Russia by Syria. It will be a new low if these helicopters are going to be used to shoot children.

Deputy Seán Ó Fearghaíl

It is hard to know where we should go with this crisis. If what is reported in respect of Russia providing additional arms to this monstrous regime is true, it is an affront to international law. The members of the EU, led by the Tánaiste, must directly confront the Russian President and Government on that action. It is reprehensible, at the very least, that arms would be provided in a situation where they are being directed at children and women. In fact, there are reports that children are being strapped to armoured tanks. This repulses everybody who is right thinking and has a commitment to human rights and common decency.

In terms of the strategic and diplomatic approach that must be adopted to this, I agree it would probably be unwise to contemplate military intervention at this stage. Diplomacy must continue, but far greater support must be given to Mr. Annan for the implementation of his six-point plan. The EU, UN and the Arab League must work far more closely to forcefully support that plan.

Deputy Joe Costello

I thank the Deputies for their supplementary contributions. It is certainly an extraordinarily frustrating situation. Virtually the entire world is pleading for a resolution to this matter. It is a savage civil war. More than 10,000 lives have already been lost and children appear to have been very much to the fore in suffering from the savage acts that have occurred. There are huge ethnic and religious divisions in the country so military intervention is a difficult measure to contemplate in such circumstances. It could very well add fuel to the fire. The only plan in town, so to speak, is the Kofi Annan plan, which has the support of the United Nations, the European Union and the Arab League. Almost all countries support it. Clearly, there are problems with Russia and China, and Russia is the country with most influence in that respect. The rumours that Russia is providing attack helicopters are still not substantiated but it would be a serious escalation if that is the case.

The European Union has been involved in imposing quite substantial sanctions relating to oil imports, arms sales, freezing of assets and a ban on luxury items, which are very much prized by the Assad family. UN sanctions are now being imposed and we support that. We would support any intensification of sanctions. The Tánaiste has been to the fore in arguing the case at the EU, the OSCE and at the UN, and will continue to do that.

Job Losses

Deputy Caoimhghín Ó Caoláin

I thank the Ceann Comhairle for selecting this important matter and I thank the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, for being present to respond. I wrote to the Minister last evening and now we have the opportunity to share our thoughts on the very distressing situation in Castleblayney, a town that suffered recent significant job losses with the closure of the Cargill Integra plant, a meat processing facility in the town, where 70 jobs were lost.

On Monday, it emerged that Musgrave, the supplier to the SuperValu store in Castleblayney and despite the fact that it was engaged in direct negotiations with the owner, Mr. Jim McConnon, and his accountant over some time previously, proceeded unilaterally and sought the appointment of a temporary liquidator through the High Court.

While the consequence of that is devastating for Mr. McConnon and his family, the closure also was devastating for the 40 full-time and 15 part-time workers in this significant store located in that small Border community. I appeal directly to the Minister to use his good office, as well as that of the Department of Jobs, Enterprise and Innovation, to engage directly with the Musgrave Group in Cork and to impress on it the importance of resuming the negotiation. This negotiation was against the positive development of the securing by Mr. McConnon of certainty of tenure as a result of a previous protracted negotiation with the bank and others. On that basis, Mr. McConnon believed there was indeed a workable way forward that would have both protected his business and importantly, from a priority view in my case, would have protected the employment of the approximately 55 people who now find themselves numbered among the unemployed.

I hope the Minister is in a position to outline to Members what steps he has undertaken or intends to undertake. It is of huge importance that negotiations which are understood to be proceeding in good faith are not being undermined by duplicity whereby on the one part, there is an engagement and on the other, one of the parties is preparing literally to pull the carpet from underneath the other. This is the position that presented in this regard last Monday. Mr. McConnon and his colleagues had travelled to Dublin for what was a continuum of an engagement that had been taking place over a preceding period. Simultaneously, however, Musgrave was before the High Court and an army of approximately 30 redshirted people employed by that group was en route to Castleblayney to carry out a stock take. This is not the way to have a relationship and what is involved here is a highly serious matter in respect of procedure, disposition and attitude. Whatever about the issues and difficulties at its core, there must be some sense of straightforwardness and appreciation of what is involved in the round. People should not take decisions unilaterally that will have such devastating consequences. I hope the Minister’s office and Department will impress this point on the principal in this instance, namely, the Musgrave Group as the suppliers.

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

I thank the Deputy for raising this matter and note Deputy Conlan also has raised concerns with me about this matter. I am really disappointed to hear of any job losses and am highly conscious of the effect those losses will have on the individuals concerned. I certainly wish to assure people the State agencies will be available to support people in any way they can. As for the substance of the business case, obviously there are legal processes in train in this regard in which the parties involved have proceeded to the courts. The issues are under the supervision of the courts and the scope for intervention is extremely limited. This is not a company supported by the agencies and consequently, my Department does not have the sort of relationship that would be involved with other firms. It appears as though a business decision has been taken by the supplier in respect of this outlet but clearly, I am not privy to the details of that decision. I cannot set myself up as arbiter of business decisions of this nature. The supplier has approached the courts, as is its entitlement under the law, and I must respect that.

I, of course, will seek to offer support in any way I can. If issues of industrial relations arise, I will use the offices I have available to me, including the agencies that are experienced in dealing with such issues, if scope exists in this regard. As for workers' positions, if it is not possible from the liquidation to find a basis for continued trading in some form, the offices of FÁS, the State training agencies and the county enterprise boards will be available to support workers, should they seek to start a new business or to retrain. In respect of access to statutory entitlements, the insolvency payment scheme established under the Protection of Employees (Employers' Insolvency) Act 1984 provides for payment of certain entitlements owed to employees by their employer at the time of liquidation. These entitlements include wages, holiday pay, sick pay, minimum notice and pension contributions. Claims in respect of such entitlements under the insolvency payment scheme can be processed if a company is insolvent within the definition of the Protection of Employees (Employers' Insolvency) Act 1984 and a relevant officer, normally a receiver or a liquidator, has been appointed and certifies the claims.

As the Deputy is aware, responsibility for the protection of employees and associated regulations is a matter for the Minister for Social Protection. The Protection of Employment Act 1977 contains a number of provisions regarding information and consultation that must be entered into before collective redundancies can be implemented, including the provision of information regarding employees to the Minister for Jobs, Enterprise and Innovation. Sections 9 and 10 of the Protection of Employment Act 1977 make it mandatory on employers proposing a collective redundancy to engage in an information and consultation process with employees' representatives and to provide certain information relating to the proposed redundancies. An employer is prohibited from issuing any notice of redundancy during the 30-day minimum employee information and consultation period. Where a liquidator has been appointed to a company, he or she takes on the responsibilities of the employer. There also are procedures in the event of disputes about the honouring of such obligations and the right to refer a case to a rights commissioner.

Deputy Caoimhghín Ó Caoláin

I appreciate these are early hours following on the dreadful announcement. I have corresponded directly with the Musgrave Group and received a response from that company today to my written appeal sent yesterday. I have it to say it has offered nothing and has guaranteed nothing. However, Musgrave has of course sought to recruit my support of calls for an end to the workers' protest at the now-closed store. That is about the sum total of what Musgrave has had to say. I fully understand the great upset and frustration of the significant workforce in this retail outlet. My purpose in raising this matter with the Minister is to make an appeal to him, whatever the restrictions or difficulties and whatever the limited opportunities that may be open to him, that he and his office should engage directly with Musgrave. I believe it would have been a better course had Musgrave not sought the appointment of a liquidator with all that entails but perhaps had sought the appointment of a receiver instead, who I believe would have ensured, at least for a time, the ongoing conduct of the business at that particular location. Consequently, over time, with the opportunity to elaborate further in respect of the engagement that had been ongoing between Mr. McConnon and Musgrave, a resolution could have been arrived at. I acknowledge it is not within the Minister's gift to turn around the position but his support would be greatly appreciated.

I believe I have had a cursory outline by the owner of the business of the status and the intent of that engagement. He certainly is convinced there was a workable way forward. I am of the view that he has contended with great difficulties over recent years and has managed to hold his position and to survive and is on a most definite course to ensure the continuation of his business and the great employment it has given. Moreover, I believe he is absolutely deserving of every support from the State apparatus. I again use this limited opportunity, for which I am grateful, to urge the Minister's engagement directly with Musgrave. I believe it can pull back from the brink at this stage and a very sad scenario can be set aside and a brighter prospect put in place on the main street of Castleblayney.

Deputy Richard Bruton

I appreciate the scale of the shock involved but I must be honest and admit I do not know the detailed business background. I reiterate that this business does not come under my agencies and would not be eligible for State support in any form because of its nature. The liquidator acts under the guidance of the court which provides a forum whereby the working out of the issues between the sides is conducted under the same guidance. That should provide fairness in protecting the interests of those concerned.

I do not know the extent to which a liquidator can retrieve a business from a situation such as happened here. That is the duty of the court overseeing process, to see what can be found from this and if a fresh business can be found, to discover the state of play in terms of assets and liabilities and the viability of the underlying business. That is the process which is now in train under the guidance of the court and I do not have a direct role in it, that being the constraint on my office. If and where workers raise issues concerned with employment rights and areas where we have legal responsibility, or if our agencies can offer support in industrial relations issues that might be sorted, we would be more than happy to act. However, this case has only come to my notice as of now and I do not have the levers to deal with issues concerned.

Deputy Caoimhghín Ó Caoláin

I ask the Minister to look at this and, at the very least, consider urging and encouraging.

Deputy Richard Bruton

I will.

National Spatial Strategy

Deputy Paudie Coffey

I thank the Ceann Comhairle for the opportunity to raise this matter which is of deep concern to me and to many in Waterford, which is designated a gateway city under the national spatial strategy. It should also be of concern to the Minister of State, Deputy Jan O'Sullivan, who is from Limerick city.

The national spatial strategy was published in 2002 to be a blueprint for economic and social development within the State over the following 20 years. It is very appropriate to have a study such as the recent report from NUI Maynooth presented midway through the full term of the national spatial strategy, NSS, now that ten years have passed. Balanced regional development requires that the full potential of each region should contribute to the overall performance of the State and be developed on a sustainable, economic, social and environmental basis. In itself, that sets the framework of the NSS. Balanced regional development should be the objective of any Government in order to ensure that all our citizens, no matter what region or county they come from, have access to sustainable living.

The NUI Maynooth economic report to the ESRI conference has identified failures of the national spatial strategy in terms of job creation and the attraction of foreign direct investment into the two gateway cities, Limerick and Waterford. I wish to speak specifically on Waterford as a gateway, being a Deputy from that constituency. In the period since 2002, more than 80% of the jobs created by new foreign firms have been created in the cities of Dublin, Cork and Galway. This means a very small percentage of new jobs have been created in Limerick and Waterford. We must ask why this failure is happening within a national plan. It highlights and confirms concerns that we in Waterford and the south east have had for some time about the region not getting due attention and investment as planned under the NSS.

The current unemployment figure for Waterford is 20%, considerably above the national average. This should cause great concern for the Government and for Deputies of any party. It proves that balanced regional development under the existing national spatial strategy is not working. If we look at this across a number of sectors, the same is reflected not only in foreign direct investment, but in the delivery of policy and public services. To take education, the south east is the only region in the country that does not have a university. I welcome that the programme for Government identifies a technological university for the south east is planned. I urge all Ministers to progress this so that we can redress the imbalance that has been identified.

In addition, I refer to the VEC headquarters for the region. Given that there is consolidation because of fewer resources, why have these headquarters been located out of Waterford, the gateway city, to Wexford, which is a hub? That is just the educational sector. In health care Waterford Regional Hospital caters for more than 500,000 people in the region but the south east is the only region without palliative care facilities. Why is that? Why has the delivery of Government policy failed to bring regional services for our citizens in the south east? It is obvious that palliative care should be provided for citizens in Waterford Regional Hospital. The CAT lab facilities are an example of modern facilities developed in WRH for early intervention for people who suffer heart attacks but it is only a part-time service, not a 24-7 service similar to that in other regional hospitals. Again, the question needs to be asked.

The national spatial strategy is failing some of our gateway cities and regions. It is high time the Government reviewed this strategy with a view to ensuring proper, balanced, regional development in those areas.

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

I share Deputy Coffey's concern and thank him for raising this issue.

The aims of the national spatial strategy include achieving a better balance of social, economic and physical development between regions through the co-ordinated development of nine gateway cities and towns, including Waterford and Limerick, and nine hub towns, together with complementary policies to activate the potential for lasting economic development in their hinterlands and wider regions.

The emerging research, which is timely and which I very much welcome, clearly confirms that some of the NSS gateways and their wider regions are performing well albeit in regard to an individual but very important indicator of employment. National recovery depends on individual regional contributions so the performance of gateways such as Dublin and others must be welcomed. However, the research confirms previous work by my Department, in conjunction with the two regional assemblies in 2009, in developing a gateway development index. This index showed that some of the other larger gateways, in particular Limerick-Shannon and Waterford, are not performing to their full potential. This is adversely affecting the performance of their wider regions. The challenge for gateways that are not performing to their full potential is to look to the success factors driving stronger gateways and replicate those conditions in their own areas. Long-term planning frameworks such as the NSS are important, but they need to be monitored continually to ensure they reflect wider economic and social circumstances.

The conclusions of the 2009 gateway development index fed into the NSS Update and Outlook Report, which was published in October 2010. My Department continues to work with other Departments and agencies and the local government sector in advancing actions identified in the report under the headings of: better alignment and prioritisation of scarce infrastructuralinvestment; improved governance at national, regional and local levels; and the promotion of more sustainable patterns of development, in both rural and urban contexts, through more effective, evidence-based planning policies.

Much good work has been completed already. Through the adoption of updated regional planning guidelines and the introduction of core strategies in city and county development plans, the Government is taking real steps to prioritise the development of the gateways in a way that previous Administrations did not. The capital review will allow many good projects to progress in a co-ordinated fashion in many of the gateways, including housing regeneration projects, investment in schools and research and innovation capacity, water services and local transport initiatives.

With regard to the particular focus in the report on foreign direct investment, the Government is acutely aware that such investment is a major source of employment in Ireland, providing some 240,000 jobs, in both direct and indirect employment. In this regard, the IDA Horizon 2020 presents Ireland's strategy for attracting investors into Ireland and for investing companies and the economy to benefit mutually from the relationship. It is important to recognise that the IDA Ireland strategy is strongly aligned with the national spatial strategy. For example, the fourth of the ten steps to transformation in the strategy aims to encourage 50% of foreign direct investment projects to take place in regional gateways outside Dublin and Cork, obviously including Waterford and Limerick. In that regard and taking up the governance theme that was referred to in the national spatial strategy update and outlook report, I should mention that the Minister, Deputy Hogan, is finalising a comprehensive policy statement on local government that will address local government structures at regional, county and sub-county levels, their powers and functions and other matters. Steps have also been taken to rationalise local government structures in Limerick. The initiatives I have mentioned will ensure spatial planning supports and facilitates investment and development in the right place at the right time. I acknowledge that Deputy Coffey spoke about the high level of unemployment in Waterford, in particular. He also raised issues of health and education. I will convey his remarks to the relevant Ministers.

Deputy Paudie Coffey

I thank the Minister of State for her response. I appreciate that planning now falls under her remit. It is important for the national spatial strategy to be continually reviewed and updated. I am glad the Government acknowledges that there have been failures and that imbalances need to be addressed. Employment is one of the most important indices for any region. As the gateway city for the south-east region, it is essential for Waterford to be prioritised by the Government. There should be a cross-cutting departmental response to the challenges that lie ahead. I have no doubt that the Government will do everything in its power to address those imbalances. If it does not, the south east region will sink further and fall further behind. Time is not on our side. I again thank the Minister of State.

Deputy Jan O’Sullivan

In my initial response, I mentioned that one of the aims of the IDA Ireland strategy is for 50% of foreign direct investment projects to be located in regional gateways outside Dublin and Cork. As a Government, we need to continue to drive this approach, which clearly has a great deal of potential for Waterford and Limerick. I agree that there is a need to continuously review and update our responses to the national spatial strategy to ensure there is a focus on areas that are not performing as well as some other areas. As I have said, I empathise with Deputy Coffey's feelings with regard to Waterford because many of the same problems are being experienced in my own city of Limerick. I will follow up on this issue with my Government colleagues.

Waste Disposal

Deputy Niall Collins

I am pleased to have an opportunity to raise this topical matter, which is very pertinent to our capital city. The Minister of State will agree that the privatisation of the refuse service that has taken place in Dublin has been an exemplary case study in how not to transfer a service from the public sector to the private sector. A great deal of uncertainty has evolved as part of the fall-out from the transition process.

I will set out where it all began to go wrong. When the initial decision was taken, the members of Dublin City Council were not consulted in any shape or fashion. They were told that a decision had been taken and given a week's notice of the privatisation of the service. It is deplorable that local public representatives who were democratically elected in the Dublin City Council administrative area were not given more than a week's notice of such a major decision. The Fianna Fáil group on the council called an emergency meeting, with the support of the Fine Gael and Labour Party councillors who control the council but it did not get any degree of satisfaction in this respect.

It is not good enough that the private service provider, Greyhound, is not providing the level of refuse service that was formerly provided by Dublin City Council. Bins are not being collected on the designated day. Bins are being collected at irregular hours of the day and night. The service is wholly inadequate. The Minister of State, Deputy O'Sullivan, is in attendance. Her senior colleague in Dublin City Council's parent Department - the Minister, Deputy Hogan - should have ensured there was a seamless transition when an important service like refuse collection was the subject of such a major change.

The contract that was agreed between Dublin City Council and Greyhound is shrouded in secrecy and confidentiality. Dublin City Council has form in this regard. We are familiar with the issues that have developed with Covanta in the case of the proposed Poolbeg incinerator at Ringsend. We have been told that commercial sensitivities and issues of confidentiality are at stake. That is not good enough, given that section 136 of the Local Government Act 2001 provides that if councillors pass a resolution looking for information, as was the case in this instance, it is incumbent on the management and the executive of the council to put that information into the public domain.

Approximately 40,000 people currently benefit from refuse waivers. I understand the waivers will run out at some stage. What will happen to those people when their waivers expire? I suggest we will have a major litter problem in Dublin. The only response we have seen from Dublin City Council to date has been to remove many of its bins from public areas, on the basis that they are being stuffed with domestic refuse. That is the wrong way of dealing with the issue. A growing litter problem could have a negative impact on tourism and this country's Presidency of the EU, for example.

The issue of the upfront payment has been partially resolved. Issues with upfront payments arose in other administrative areas after companies developed commercial difficulties. I suggest that a bond system should be used. The Minister, Deputy Hogan, should consider asking these companies to put in place a bond in case issues arise with regard to people who have made upfront payments.

I will not speak at length about the service level agreement because I do not have enough time. If Dublin City Council were to publish the service level agreement it arrived at with Greyhound during the negotiations, it would be informative for the public. What is the up-to-date position in the Department on this issue? Where will those who currently have waivers, many of whom are old age pensioners who are having to deal with issues like the household charge, stand when their waivers run out? Will Dublin City Council put in place a plan to assist the approximately 40,000 people who hold waivers?

Deputy Jan O’Sullivan

I thank Deputy Collins for raising this issue. As I have said previously, the Minister, Deputy Hogan, will announce the Government's local government reform plan in the near future. I mention that in response to what the Deputy said at the outset about the role of elected representatives when a decision was made in Dublin.

Dublin City Council withdrew from the provision of household waste collection services in January 2012 and sold that business to a private sector waste management firm. The council's withdrawal from the household waste collection market brings the council into line with the position elsewhere in the Dublin waste management region, given that Fingal County Council, South Dublin County Council and Dún Laoghaire-Rathdown County Council have previously withdrawn from the market. The situation in the Dublin region is representative of the national position, in so far as very few local authorities continue to provide household waste collection services. A current estimate of the local authority share of the national household waste collection market is less than 5%, with the private sector having the remaining 95% share.

Any queries concerning a local authority's withdrawal from the market and the transitional agreements between that authority and a private sector waste management firm are matters for the relevant local authority. Similarly, questions on a local authority's motivation for exiting the household waste collection market should be put to that authority. I am sure Deputy Collins's party colleagues on the council are well able to do that. The general trend of local authorities withdrawing from direct provision of household waste collection services has resulted in comments about the respective roles of the public and private sectors. From a typical householder's perspective, such issues are often largely immaterial. What matters is that a quality affordable service, which meets their needs and delivers on society's environmental and other preferences, is provided.

Deputies will be aware that waste management issues are frequently raised as matters of concern in this House. In recent months, we have discussed a wide variety of such issues, including the withdrawal of almost all local authorities from household waste collection, service standards, segregation of waste, regulatory control, breaches of environmental law, pricing structures, the future of the household waste collection industry, waivers for low income households and the role of elected members in formulating waste policy. Deputy Collins mentioned the question of waivers, for example.

The Minister, Deputy Hogan, and I welcome the engagement of this House with such issues. Many of the issues raised relate to the enforcement of waste management legislation, whether that enforcement activity is directed at householders, the business community or the waste management industry. In that context, the withdrawal of local authorities from direct service provision creates an opportunity for them to refocus on their regulatory role, in particular the enforcement of waste management legislation.

Both the EPA and local authorities are charged with ensuring, through rigorous enforcement activity, that waste is managed legally and appropriately throughout the chain of waste management, from presentation to collection, processing and the recycling, recovery or disposal of that waste. Any entity which breaks the law should be sanctioned appropriately.

I note that some of the concerns raised by Deputy Collins need to be directed to Dublin City Council. I will respond in so far as I can to any other issues he has raised and I will bring them to the attention of the Minister, Deputy Hogan.

Deputy Niall Collins

A significant body of households are dependent on the refuse waiver in Dublin city at present but there is a wider policy dimension throughout the country in regard to refuse waivers per se because there are different policies in different electoral areas. It is high time we had a national policy in regard to the provision of refuse waivers. Clearly, the policy of the State is to withdraw itself from the refuse collection business and to subcontract it out to the private sector. That being the case, there is a pressing need in this regard. There is an overlap between the Department of the Environment, Community and Local Government and the Department of Social Protection in potentially devising a national policy for a national refuse waiver. With regard to Dublin, I would appreciate it if the Minister of State could use her good offices to find out and reply to me on what will be the position of the approximately 40,000 refuse waiver holders in Dublin.

The Minister of State said this is an issue for Dublin City Council, and I understand her point. However, there is a wider social issue in regard to the litter problem that exists in parts of Dublin. There are 18,000 households in Dublin which are at present not registered for refuse collection. The Minister of State might comment on where stands that issue. As I said, there are wider issues. We have the EU Presidency coming up and we want to put our best foot forward. Dublin is the capital of the country and a major tourism hub and destination. Image is very important in terms of tourism. When we have a significant number of households that are not registered for collection, where is the waste going? The answer is obvious. It is a significant issue of public interest. Dublin City Council management is not giving sufficient answers to the questions outlined. The Minister of State can say it is an issue for Dublin City Council but there is a wider public dimension to it, which is why it must be raised here.

I thank the Ceann Comhairle for allowing me the opportunity to raise what is a very important issue for Dublin.

Deputy Jan O’Sullivan

I agree it is a very important issue. If I can get answers to those questions, I will come back to the Deputy. The approach to the future regulation of the household waste collection market in Dublin and elsewhere will be carefully considered by Government and will take account of the full range of economic, environmental and other relevant issues - the Deputy has just raised the issue around the 18,000 who are not registered - and the many perspectives being offered by the people being consulted.

The Minister, Deputy Hogan, expects to be in a position to submit final proposals in regard to household waste collection to Government in the coming weeks as a part of a new national waste policy, which is part of a commitment that has been given. Deputy Collins has raised legitimate concerns. A transition such as this raises significant issues and we acknowledge there are issues to be addressed. If there is further information we can get from the Department I will forward that to the Deputy. However, I suspect some of the questions need to be directed to Dublin City Council.