Topical Issue Debate

Road Traffic Offences

Deputy Mick Wallace

Earlier today the Minister seemed to downplay the significance of the allegations reported by the two Garda whistleblowers. There also seem to be some discrepancies with regard to the timescale on this issue. The Minister says he only received news of this in September. I note that on the Matt Cooper show on Thursday, the Minister said he had sight of the documentation in question in early October. However, an e-mail from the confidential recipient, Oliver Connolly, to the garda in question, dated 21 June, stated that he personally delivered the garda's previous e-mail communication for the attention of the Minister and that he met previously with the Minister, just prior to Easter, regarding the matters of concern to the garda and presented his confidential report. It went on to say that he was doing what he could. In July another e-mail to the garda, from the assistant private secretary of the Taoiseach, following the garda's having written to the Taoiseach to alert him of the issues, stated that the Taoiseach had asked the secretary to refer to the garda's recent e-mail, the contents of which had been noted. It went on to say that the Taoiseach had asked the secretary to say that he had forwarded the garda's e-mail to his colleague, the Minister for Justice and Equality, Deputy Alan Shatter, for his attention and consideration. Furthermore, it stated the Taoiseach had asked the Minister to respond directly to the garda on this matter. This e-mail was dated 25 July 2012. As far back as February, when the garda went to the confidential recipient, the confidential recipient said to him that he believed the garda and thought the Commissioner had a case to answer. He said he thought the garda had the evidence. He said they had destroyed the garda, that a man only has his reputation and that if he, the recipient, was asked, he would say the garda was only standing up for what was right.

Obviously, the confidential recipient gave the report to the Minister and he passed it on to the Garda Commissioner. As a result, what we got was the Commissioner investigating himself. I believe it is time for a public inquiry, because the notion of the Garda investigating itself is not on.

Deputy Clare Daly

On Friday, the Garda Commissioner, Martin Callinan, released a press statement saying there could be no question of what has been described as a culture of non-enforcement of penalties being tolerated. That is exactly the situation being spoken of. That is the only explanation for the termination of 100,000 parking, penalty and motoring offences. It is the only explanation for one senior garda being responsible for terminating 1,000 cases. Despite what the Minister said earlier, the Garda circular dealing with ticket cancellation policy, Circular 45/09, is incredibly restrictive and would not account for the number of cases terminated.

I agree with Deputy Wallace. The only conclusion we can draw is that this issue is being deliberately downplayed. The Commissioner has had this information since January. This is a Commissioner appointed by the Minister, whose contract has been extended beyond its normal life. Is it a coincidence that after the "Prime Time" programme last Tuesday, a confidential Garda memo, which I have here and which was sent to every member of the force, warned gardaí not to release Garda information to any external party, under pain of criminal prosecutions? The same memo said that the use of PULSE records would be audited and monitored in order to protect the reputation of An Garda Síochána. In other words, this memo was trying to intimidate whistleblowers, who are lawfully entitled to go to Members of the Oireachtas.

How can the Minister get to the truth when the Garda Commissioner has known about this since January and has done nothing about it? He was warned about perversion of the courts of justice by senior gardaí on a massive scale, as was the Minister. We need a full public inquiry into these allegations. The PULSE system needs to be seized, and IT specialists should be sent in to retrieve this information in the interest of road safety and revenue to the Exchequer.

Deputy Joan Collins

The Minister says we are making big assumptions on this issue and that this is an everyday occurrence. That cannot be the case considering the number of cases Deputy Daly has mentioned as having been taken off the system. From the information we have seen, it seems there has been malpractice and systematic abuse of the system.

This is not a question of a few celebrities such as Ronan O'Gara, Paul Williams or Mary Devins, whom I mentioned last week, or other judges or multiple gardaí.

Acting Chairman (Deputy Joe O'Reilly)

The Deputy cannot name names in the House.

Minister for Justice and Equality (Deputy Alan Shatter)

I must object. This is outrageous. The Deputy is deliberately trying to force the recording of names, contrary to the rules of this House, into the record, to the detriment of individuals who cannot defend themselves.

Deputy Joan Collins

The Minister is the person who is supposed to protect the people and the law of this State. This is not a question of individuals.

Acting Chairman (Deputy Joe O'Reilly)

I ask the Deputy to resume her seat. It is not permitted to name people in this manner. I ask her to resume her seat and call on the Minister to reply.

Deputy Joan Collins

Why is that?

Acting Chairman (Deputy Joe O'Reilly)

The Deputy has named people in the House, which is an abuse of privilege.

Deputy Joan Collins

It is not an abuse of privilege. Perhaps the Acting Chairman should check that with the Ceann Comhairle. I do not think it is.

Deputy Alan Shatter

The Deputy knows it is. It is outrageous.

Deputy Joan Collins

We have taximen who have lost their ability to protect their livelihoods because of penalty points.

Acting Chairman (Deputy Joe O'Reilly)

I remind the Deputy that the naming of persons outside of the House is specifically regulated by Standing Orders and by the rulings of the Chair. The general practice is that such persons should not be named or referred to or identified, particularly where to do so would be an unreasonable invasion of privacy or where the reference could be in the nature of being a defamatory utterance under Standing Order 59. The persons who may be involved in the matter of penalty points, as raised in questions, are not guilty of any wrongdoing and are entitled to have their good names preserved. Therefore, I ask the Deputy to resume her seat as naming names is unacceptable.

Deputy Joan Collins

Well, I call for an independent public inquiry on this important issue.

Deputy Alan Shatter

I want to put on the record that the behaviour of the Deputies is outrageous. There is a pretence at wanting a public inquiry, but in fact what the Deputies want is a hanging. They want to make allegations, to prosecute them and to assume everyone is guilty. Why? Because they are the recipients of allegations.

All of the issues raised by the three Deputies relate to the same topic which was discussed earlier this afternoon on Question Time. I am conscious of this issue and of its importance. There is little I can say on the matter that has not already been covered. However, in the context of an issue raised by Deputy Wallace, it is true and correct that these matters came to my Department in September and it is true and correct that I did not have sight of them until early October. The reason for that is, as the Deputy may have noted, that I was unwell for a two-week period and was not in a position to deal with matters for those two weeks. I presume that is not an issue about which the Deputy cares greatly.

The allegations referred to by the Deputies are not that some people have had penalty points written off, but that in a number of cases members of the Garda Síochána have inappropriately cancelled fixed-charge notices, mainly for speeding. Of course, if they were cancelled, the result would be that penalty points were not applied. The allegations appear to be made on the basis of records of cancellation on the Garda PULSE system. The Deputies seem to be of the view that the Garda PULSE system should be accessible by anyone and that all information from it should be distributed, not just to Members of this House, but to members of the media. Clearly, that has happened in this case and that is a gross violation of confidentiality in the context of the workings of the system.

Fixed-charge notices are an alternative to prosecution and give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. If the motorist does not pay the fixed charge, he or she will in the normal course be prosecuted. With regard to the cancellation of fixed-charge notices, it appears from media reports of recent days and comments made in the House that there is an assumption that any termination of a fixed-charge notice is illegal and that any individual who is the recipient of such notice which is subsequently cancelled is being afforded special treatment. Apparently, the view is that any individual who has such notice cancelled should be named and shamed in this House, which is a total disgrace. The assumptions made by the Deputies are incorrect. I am concerned that the outcome of the investigation being conducted into the allegations is being unfairly prejudiced and I urge caution.

It seems not only that the Deputies want to impugn the entirety of the Garda Síochána, but also that they now have the Garda Commissioner in their aim.

I emphasise that the allegations that are the subject of this Topical Issue came to the notice of my Department in September and to my personal notice in early October. As far as I know and have been advised, the allegations were not brought to the notice of the Garda Commissioner until we wrote to him. The same individual may have been making complaints about other matters to the confidential recipient. As far as I know, they were not these matters.

Following the introduction of fixed charges, the Garda established a policy and procedures on the termination or cancellation of fixed-charge notices. They were set out in 2005 in the third edition of the full user manual on policies and procedures in the fixed-charge processing system. In essence, the policy and procedures give district officers, inspector acting district officers and the inspector in the fixed-charge processing office the authority to cancel fixed-charge notices, in line with the policy and procedures framed around legislative exemptions contained in road traffic legislation and regulations and in conjunction with the specific guidelines issued by the Director of Public Prosecutions. Specific procedures are in place for the cancellation of these notices.

Deputy Clare Daly

Exactly.

Deputy Alan Shatter

The cancellation policy also seeks to reflect the guidelines of the Director of Public Prosecutions for prosecutors and the Garda declaration of professional values and ethical standards, both of which govern other factors that adhere to the principles of fairness and proportionality and provide that in pursuing their public duties, gardaí are required to adhere to the principles of legality and apply the law in a manner that is fair, equitable and appropriate to the particular circumstances of individual cases. In essence, termination or cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. Gardaí at the rank of superintendent, district officer or inspector acting district officer have the discretion to authorise cancellation in appropriate circumstances. I illustrated some of these circumstances during Question Time. There are exemptions relating to emergency vehicles or in cases where a medical necessity has resulted in an individual speeding. I want to absolutely confirm that these allegations will be fully and properly investigated. The result of the investigation will be made known. There is no question of a conspiracy or cover-up, regardless of how much the Deputies want to advocate that there is.

Deputy Mick Wallace

I have not insinuated in any way that none of these terminations should have happened. I have said that the scale is frightening and merits serious investigation. It looks as if there is a serious delay in dealing with it. The termination of fixed penalty notices was mentioned in the original correspondence in January. The notion of hanging people is not something I am remotely interested in. I am not worried about the individuals who are on the list. I am worried about the massive scale of it and the implications for road safety and the running of the Garda Síochána.

Deputy Clare Daly

On the day the extension of penalty points into other areas is being discussed, it is absolutely critical that a transparent system is in place and that residents and citizens can stand over it. We are not making any assumptions. We are alleging, based on evidence we have seen, that a culture exists that allows one to have one's motoring offences and penalty points written off as long as one knows gardaí. That has been confirmed to me in the correspondence I have received from numerous gardaí in the past week or more. It is not the case that there was just one whistleblower - there were two. Information on ticket-fixing was brought to the attention of the whistleblower by the second person in April of this year. Nobody is saying there are no exceptions, or there should not be any exceptions. That does not explain how a judge who sits in judgment on other people could have three instances of termination, how one garda could write off a thousand cases or how 200 Garda cases could be written off over an August bank holiday weekend. I remind the House that citizens who have eight or ten penalty points have loaded insurance premiums because they do not have the benefit of knowing a garda. On the basis of what the Minister has said and in light of his inaction and that of the Garda Commissioner since January, it seems that the blue wall of silence, which the Minister spoke out about in the aftermath of the Morris tribunal, is still in place. The Minister has done nothing to protect honest gardaí who want to clean up the situation.

Deputy Joan Collins

I will be brief. Deputy Daly has made most of the points I wish to make. We need a public inquiry to reveal any discrepancies or malpractice that might exist in the system. If the Minister is so confident that such practices are now taking place, he should have no problem clearing the way for such an inquiry to take place. It would be good for the country if people were to be assured that there is not one law for well-connected and wealthy people and another law for the ordinary Joe or Mary who happens to find himself or herself in circumstances in which penalty points might be applicable. The ability to work of people in the taxi industry, for example, can be affected in this way. That has to be addressed. The system has to be seen to be fair, clean, open and transparent. Everybody who has penalty points should have to appeal them in the proper way.

Deputy Alan Shatter

I reiterate what I said during Question Time. Everyone should be treated equally and fairly in the context of this matter. I am simply not prejudging the allegations that have been made, which is what the Deputies are doing. As I read it, the express allegation - or certainly the implication - is that anyone who has had penalty points or fixed charges set aside has benefited from wrongdoing.

Deputy Clare Daly

No.

Deputy Alan Shatter

That is the way the allegation is framed. The Deputies know that. It is the story they are trying to put out. If there has been wrongdoing and fixed charges have been improperly set aside, of course I would want to know about it and there should be transparency about it. If some kind of corrupt culture exists, we would want to know about that too. I do not know that to be the case. It is being investigated by an assistant commissioner. Specific procedures, legal provisions and guidelines from the Director of Public Prosecutions ensure there are circumstances in which fixed-charge notices are terminated. That has been entirely ignored in the allegations that have been made, although I have put it on the record of the House. It was not contained in the letter setting out the allegations. The allegation is that as part of a widespread conspiracy, tens of thousands of fixed charges are being written off. In the context of what has come from a person whom I assume to be a member of the Garda Síochána, there is no acknowledgement of what the legal position actually is.

I understand from the Garda Commissioner that 1,460,726 fixed-charge notices were issued in the three and a half years between 1 January 2009 and 30 June 2012. The documentation forwarded to the Commissioner contained 402 allegations. When an examination of the allegations identified some that had been duplicated, the number of actual allegations listed was reduced to 197. While many of the listed allegations mentioned specific instances, in some cases instances were mentioned without any details being provided. Several allegations are not quantifiable because they are quite vague, merely citing hundreds of cases. Allegations that can be followed up from the information supplied will be examined. I want to make it absolutely clear that there will be no cover-up of anything on my watch. I have asked for this matter to be fully investigated and for me to receive a report on it. When I am in a position to report to the House on the outcome of the investigation, I will do so. If I form the view that something unsatisfactory is arising in the context of the outcome of the investigation, I will ensure it is addressed. I want to assure people outside this House that if they receive a fixed charge, it is a serious matter and they should meet the payments due on the fixed charge. If there are extenuating circumstances and there is a valid reason for them not to pay the fixed charge, I remind them that a procedure whereby they can set out the issues they want to raise with the Garda Síochána and seek to have the fixed charge set aside has been in place for many years.

If they believe it is not fairly dealt with, they are under no obligation to pay the fixed charge. The alternative is that the Garda can issue a summons and the matter can be properly dealt with independently before the courts.

Mental Health and Suicide

Deputy Dan Neville

I thank the Ceann Comhairle for allowing me to raise this very important issue regarding the treatment of and discrimination against those who suffer from mental health conditions and the families of those who have completed suicide. It involves the use of negative labels to identify people with mental health problems and has its roots in fear and misunderstanding. Many hold negative opinions towards people with mental health problems because they do not understand the issues involved and rely on myths and misconceptions. The core issues arising from social stigma are that in general people have little understanding of mental health problems and much of the information they have is factually incorrect. Anxiety, fear and avoidance are common feelings experienced by people with mental health problems and discrimination is imposed on them. People with mental health difficulties must enjoy the same rights on an equal basis with all others in society.

Stigma can be deeply hurtful and isolating and is one of the most significant problems encountered by people with a mental illness. Learning to live with mental health problems is made more difficult when somebody experiences the prejudice caused by stigma which can be used to exclude and marginalise. The prejudice and fear caused by stigma may and does prevent people from coming forward to seek the help they need. It can also frustrate those who look for improvements in mental health services because the stigma prevents those affected from demanding that proper services be made available. It can also stop people offering help or being supportive, inhibit people in getting the jobs they are qualified to do and prevent people with mental health problems from playing an active role in the community.

The See Change programme introduced by the previous Government is a targeted programme under which excellent work is done but much more needs to be done. The Minister of State might outline the budget for next year and the projected outcome this year of the programme which campaigns for the promotion of understanding of mental health issues and a reduction of the stigma attached. It does this through a targeted, community-driven approach and has the potential to effect change within society and help to lay the necessary foundations for a real and positive transformation of how mental health problems are perceived.

St. Patrick's Hospital published the findings of a survey in September which showed people tended to understate the level of stigma, given the fact that many who respond to such surveys do not want to admit to holding negative views. Over 20% of those surveyed believed those with mental health problems were of below average intelligence; 40% considered seeking help for a mental health problem to be a sign of personal failure; 66% experienced a reluctance to hire a person with a history of mental illness, believing him or her to be unreliable; while 30% said they would not be willing to accept someone with a mental health problem as a close friend. Amnesty International found in its research that 94% of those who suffered from a mental health problem had experienced unfair treatment; 70% concealed mental health problems; 50% had stopped having close relationships; 60% had stopped working; and 40% had stopped engaging in education. This is an indication of the level of stigma in society towards those with mental health problems.

Minister of State at the Department of Health (Deputy Alex White)

I thank the Deputy for raising this important issue. Learning to live with mental health problems is extremely difficult, but, as the Deputy said, this difficulty can be compounded when someone experiences, at first hand, the prejudice caused by stigma. We know the stigma attached to mental ill health and suicidal behaviour presents one of the biggest challenges to prevention and that it encourages intolerance and prejudice. Stigma can affect all aspects of life, limiting access to employment and housing, harming social relationships and reducing self-esteem. Fear of being labelled as having a mental health problem also reduces the likelihood that individuals with mental health difficulties will seek treatment. The national stigma reduction campaign, See Change, launched in 2010 is working to change these attitudes in order that every person in Ireland can be positive about his or her mental health problems. The target groups identified in the first phase of the campaign include young males aged 18 to 24 years, people in the workplace and farmers and individuals living in rural communities.

To build on its baseline research conducted for the campaign in 2010, See Change recently commissioned Millward Brown Lansdowne to carry out a nationally representative survey of Irish attitudes towards mental health problems. The findings of this survey show there is an increased willingness to seek professional help and that an increased number of Irish people admit to having some experience of mental health problems, either themselves or through others. The survey also found there was increased awareness and understanding of mental health, mental health problems, stigma and support services. However, it also found there was a greater reluctance to be open and disclose information on a mental health problem in personal and professional relationships.

For its part, the HSE, through the National Office for Suicide Prevention, co-ordinates two national mental health awareness campaigns, the Your Mental Health campaign and the Let Someone Know campaign, which have been shown to be effective in changing the population's knowledge and attitudes to mental health and encouraging people to talk about their mental health and well-being. In challenging the stigma associated with suicide and mental health issues the language used by the media is also hugely important. Headline is Ireland's national media monitoring programme which is working to promote responsible and accurate coverage of mental health and suicide related issues within the media. It aims to highlight mental health issues and address the stigma attached to emotional distress, suicidal behaviour and mental illness through the promotion of responsible media coverage.

Eliminating stigma is not going to happen overnight. Reducing it was one of the priorities identified in the programme for Government. I reiterate the commitment of the Government and, in particular, the Minister of State, Deputy Kathleen Lynch, to promoting change in attitudes to mental ill health and ensuring people in distress do not feel isolated and alone.

Deputy Dan Neville

I thank the Minister of State for his reply. I agree with him that language is very important in how we address the issue. For example, how does a person with a mental health condition feel when he or she is referred to as a madman, barmy, off the wall or a nutcase? All of these terms stigmatise and the same is true when it comes to suicide. To say someone had "committed" suicide can be very upsetting for some of the bereaved because it is no longer a crime or a sin, although it never was a sin under the test applied by the churches. As one does not commit either a sin or a crime, why do we still use the word "commit"?

I welcome the announcement that the €35 million promised by the Government on an annual basis to develop community mental health teams and improve services, as outlined in A Vision for Change, will be ring-fenced again next year. This may have been missed in the aftermath of the budget.

I commend the Minister of State, Deputy Kathleen Lynch, on her success in ensuring that this particular Government commitment was honoured in 2012. In regard to the commitment to approve the filling of 414 posts in 2012 for the purposes of implementing objectives under the €35 million funding programme, I understand that 17 posts have been filled to date and 270 offers of employment have been accepted. Those appointments are proceeding and staff are expected to commence work this month. It seems clear, however, that the full allocation of €35 million cannot have been spent because the staff were not in place in time. Will the Minister of State indicate the status of the funding which was not spent as a consequence of this delay? I accept that such delays may arise, but the question is whether these particular moneys were transferred to other areas within the mental health sector or were instead moved out to other sectors of the broader health service.

Deputy Alex White

I thank the Deputy for giving us the benefit of his knowledge and insight on this issue. His point regarding the importance of language is well made. I agree fully that care must be exercised in this regard, even in respect of the individual words and phrases used to describe particular situations. At the same time, we must take on board the reluctance people sometimes feel when it comes to articulating their views and experiences in this area. As such, our efforts to exercise caution in the language we use and to urge others to do the same should not go so far that they run the risk of shutting down any type of discussion. In other words, taking care about the language and expressions we use must not prevent us from having a sufficiently frank and open debate, whether in this House, in the media or elsewhere. Having said that, I very much take the Deputy's point regarding the great hurt that can be caused when factual misunderstandings and so on arise.

I thank the Deputy for his acknowledgment that the allocation of €35 million for measures set out in A Vision for Change will be maintained next year, notwithstanding the very considerable demands on the funding of mental health services. I am pleased to confirm that this funding, ring-fenced as it is for 2013, will be of enormous benefit in terms of achieving our objectives in this area, objectives that the Government shares with the Deputy.

Sexual Offences

Deputy Ciara Conway

A damning and disturbing report published yesterday by Rape Crisis Network Ireland, RCNI, raises the issue of the role of alcohol misuse in acts of sexual violence. We are all aware that there is a major problem of alcohol abuse in our society. As we enter the festive season, evidence of that will, unfortunately, show up at huge cost in waiting rooms and hospitals throughout the country.

RCNI provides an excellent service to people who are subjected to one of the most serious crimes in our society. Its latest report issues a stark warning that our refusal to tackle binge drinking has contributed to the incidence of acts of sexual violence, predominantly against women. According to Alcohol Action Ireland, 76% of all rape defendants had been drinking at the time of the alleged offence. In addition, RCNI's research shows that alcohol not only plays a large part in sex attacks but also skews attitudes to both victims and perpetrators. It is a grossly unfair paradox that victims who consumed alcohol prior to being assaulted are often assumed to bear greater responsibility for the ordeal of the sexual crime committed against them while, on the other hand, perpetrators who consumed alcohol are somehow assumed to hold less responsibility for their actions than perpetrators who were sober when the crime was committed. This prevailing attitude towards perpetrators and victims, respectively, is a cause for great concern.

Last week's budget included a raft of measures in regard to alcohol, including a timely and appropriate increase in VAT. I am disappointed, however, that we have not seen action on proposals for a regime of minimum pricing. It is intolerable that large retail multiples which engage in below-cost selling are entitled to a VAT rebate on such sales. While I acknowledge that my colleague, the Minister of State, Deputy Alex White, is keen to bring forward a minimum pricing strategy, I am concerned at the rather non-committal answer given on this matter by the Minister for Health, Deputy James Reilly, in response to a recent parliamentary question. Vague suggestions that something will be done at the earliest opportunity are simply not good enough.

The role played by the misuse of alcohol in sexual violence must be addressed if we are to meet our human rights obligations. That is the kernel of the issue. The executive director of RCNI, Ms Fiona Neary, said yesterday that there was a relationship between prevailing attitudes to women, sex and alcohol consumption and decisions to carry out acts of sexual violence. As she outlined in a submission to the Oireachtas Joint Committee on Justice, Defence and Equality earlier this year, the impact of alcohol consumption patterns in our culture, combined with victim blaming, can leave young people vulnerable to sexual violence. Research shows that 45% of rape complainants and 40% of suspects in this country were binge drinking before the incident of sexual assault. That is a stark and disturbing figure.

Deputy Alex White

I thank the Deputy for raising this important matter. The role played by alcohol in acts of sexual violence is undeniable. A fact sheet published yesterday by RCNI details various aspects of this serious problem, and I have carefully considered its recommendations. These include a call to limit the availability of alcohol, a proposal that marketing of alcohol should be regulated, or better regulated, and support for the introduction of alcohol pricing policies.

In addition to this and similar reports in the past, the report of the national substance misuse strategy steering group was launched earlier this year. The group was charged with identifying actions to deal with the harm caused by alcohol use and misuse. In its report, a series of harm patterns and the impacts of alcohol and alcohol misuse were identified. We were informed, for example, that 88 deaths every month in 2008 were caused by alcohol and that one in four deaths among young men are estimated to be due to alcohol, which compares with one in 12 deaths due to cancer and one in 25 due to cardiovascular disease. We learned that alcohol was a contributory factor in half of all suicides and incidents of deliberate self-harm and also increases the risk of more than 60 medical conditions, including some cancers. Alcohol misuse was associated with 2,000 bed occupancies every day in acute hospitals, with a quarter of injuries presenting to emergency departments and with 7,866 admissions in 2010 to specialised addiction treatment centres. In addition, alcohol was identified as a trigger in a third of domestic abuse cases in 2005. Alcohol abuse cost the health care system €1.2 billion in 2007, in addition to an estimated €1.19 billion in the same year arising from alcohol-related crime. The steering group noted that 1.5 million Irish drinkers consume alcohol in what they describe as a "harmful pattern".

One of the studies that informed the work of the steering group was the 2009 report entitled Rape and Justice in Ireland, a national study of survivor, prosecutor and court responses to rape by Conor Hanly and others. This study shows that decisions on the consumption of alcohol made by both men and women can have the effect of facilitating the incidence of rape and making the detection and prosecution of sexual crimes more difficult. It indicates, moreover, that alcohol consumption affects decisions on whether to report alleged rape.

Taking this together with all the other evidence considered by the steering group, it is clear there is an irrefutable need for action to be taken across a number of policy areas, including pricing, access, availability and marketing of alcohol. In this context, I assure the Deputy that real and tangible proposals are currently being finalised on foot of the recommendations of the substance misuse report. I intend to submit these proposals to the Government for consideration and approval as soon as possible. I reiterate that these proposals cover all the areas mentioned in the report, including legislation on minimum unit pricing - in other words, setting a statutory floor price per unit of alcohol; the issue of access and availability of alcohol, covering structural separation in retail units where alcohol is sold; and advertising and sponsorship.

I and my officials are in continuing discussions with the Departments of Justice and Equality, Transport, Tourism and Sport and Communications, Energy and Natural Resources on aspects of these proposals. These ongoing discussions relate in particular to structural separation, sponsorship, and advertising. Obviously, the Government's main preoccupation in recent weeks has been with the budget, and so these discussions have not yet been concluded. However, I expect to make progress on this important and necessary plan of action early in the new year, when a package of proposals will be brought to the Government for decision. I emphasise that I have the full support of the Minister for Health, Deputy James Reilly, with regard to proceeding with this plan of action.

In the meantime, work on developing a framework for the necessary legislation is continuing. For example, a health impact assessment is being commissioned in conjunction with Northern Ireland as part of the process of developing a legislative basis for minimum unit pricing. Scotland commissioned the same sort of assessment before it drafted its legislation on minimum unit pricing a short time ago. This North-South health impact assessment will study the effects of different minimum prices on consumption, together with their likely economic impact. I am personally deeply committed to the introduction of minimum unit pricing, but I want to ensure we do this properly and in a way that will withstand legal challenge.

Deputy Ciara Conway

I welcome the reply of the Minister of State and his commitment to legislate for minimum pricing of alcohol. I have some final points. Where alcohol consumption was known, almost 90% of defendants in rape trials had been binge drinking. Ten percent of all reported cases involved a complainant who was incapable of offering consent because of alcohol consumption. Alcohol has been identified as a contributing factor in 97% of public order offences, as recorded by the Garda Pulse system. One in 11 people in the past year said that they or a family member had been assaulted by somebody under the influence of alcohol. Almost half of the perpetrators of homicide were intoxicated when the crime was committed.

We are paying a very high price with people's lives in regard to our inaction on alcohol. In my view, some of the utterances about loss of revenue to sporting organisations because of advertising or marketing curtailment cheapen life when we see how alcohol contributes not only to the commission of sexual assault but to the loss of people's lives as a result of the misuse of alcohol. We cannot leave this go any longer. I welcome this statement and look forward to working with the Minister of State in the new year to ensure legislation is introduced on this issue.

Deputy Alex White

I will add some brief references to the Government's policy as it relates to the issue raised by the Deputy. In March 2010 the Government launched a four-year strategy to provide a framework for sustainable intervention to prevent and respond effectively to domestic, sexual, and gender-based violence. COSC is the national office established in 2007, under the aegis of the Department of Justice and Equality, to ensure the delivery of the Government's strategy on domestic, sexual and gender-based violence. The HSE launched its own policy on domestic, sexual and gender-based violence in 2010. The principal actions of this policy are in line with the Government's strategy. Recently, the national director for children and family services, who has lead responsibility for this area, established a national office for domestic and sexual violence within the HSE. Currently, the HSE funds 16 rape crisis centres, 20 crisis refuges and 27 support services, including two national representative bodies - Safe Ireland and RCNI. The total cost of these in 2011 was almost €20 million. Some €4.5 million was specifically provided by the HSE to fund sexual violence services in 2011.

Again, I reassure the Deputy and the House that the Government is fully committed to addressing the problem of domestic, sexual and gender-based violence. Our alcohol strategy, as identified by the Deputy, will constitute one important element of this work.

Northern Ireland Issues

Deputy Brendan Smith

I appreciate the presence of the Tánaiste to take this Topical Issue matter.

The scale of the challenge facing Northern Ireland was laid bare during recent weeks. The rampant violence, lawlessness and intimidation we have witnessed is symptomatic of a problem which has come to the fore on the streets of Belfast in a profoundly depressing way in the course of the past week. There have also been unwelcome incidents in Derry, Armagh and elsewhere. As I see it, if politics in Northern Ireland is not demonstrably and tangibly about bread-and-butter issues it turns very quickly into shouting and roaring about flags, emblems, parades and all the things that have scarred public life in that area for far too many people for far too long. All of us in this House recognise that this part of Ulster was deprived of normal politics for many decades.

If loyalist gangs are able to burn the offices of political opponents, issue death threats, close schools early and cause economic havoc in the run-up to Christmas without sanction, all ostensibly in support of a proposition from Unionist parties that was democratically defeated in Belfast City Council, there is something seriously wrong within the leadership of Unionism. This leadership must demand the ending of all street protests once and for all. Every political party must condemn in the strongest possible manner this totally unacceptable behaviour. Similarly, if republican politics in the North has not evolved beyond the point at which a change in the timetable for flying a British flag and the naming of playgrounds are celebrated as major victories, serious questions should be raised about the kind of leadership that is being given and how much serious thought is going into defining republicanism in a post-Good-Friday-Agreement world. That is unless, at some level, it suits the dominant leadership of the Unionist and Nationalist blocs that their society, the media and the political establishment continue to be seized by the images and rhetoric of flags and emblems. Some would ask whether it is entirely unreasonable to worry that arguments about flags and emblems are being tacitly encouraged as a distraction from the fact that politicians are not delivering on the issues that make an actual difference to the quality of people's lives. Those who are interested in real politics wonder where are the campaigns to highlight the fact that Northern Ireland suffers from unforgivably high levels of child poverty and economic inactivity.

Throughout my constituency of Cavan-Monaghan, small businesses and retailers are struggling to keep their heads above water. For them, Christmas is the make-or-break time when they need to make sales. Similarly, for the workers they employ it is a chance to make a few extra bob for the Christmas holidays or to secure their employment for the coming year. I can only begin to imagine how disastrous closing down Cavan or Monaghan town for a week in the immediate lead-up to Christmas would be for jobs in my area. This is exactly what is happening in Belfast city centre. How many families are quietly and helplessly seeing their livelihoods being threatened in Belfast as this failure of politics continues?

Our party leader, Deputy Micheál Martin, expressed an opinion on what is happening in the North only to incur a raft of the usual criticism from both dominant political parties in Stormont, parties that seem to be content with the frozen status quo. The peace process is not about two permanently opposed entrenched blocs occasionally flaring up into violence. It must be - and is - about more than that. The Good Friday Agreement was achieved with the work, effort, commitment, diligence and tenacity of so many people on this island, as well as the work of Mr. Blair, who was head of the British Government at the time. The aim of the peace process was always intended to be more than just an absence of violence. The people of the North deserve a political system that delivers progress and demonstrates that politics works. In other words, it is about making their lives better.

Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore)

I thank the Deputy for raising this issue. The return of violence to the streets of Belfast, the intimidation of public representatives and the attacks on members of the Police Service of Northern Ireland, PSNI, during the past eight days are matters of deep concern to the Government, Members of this House and Irish people everywhere who support the peace process. The scenes of violence and intimidation remind us of the need for steady support for the peace process and the principles of the agreements and the visions they offer of a society based on respect for difference and tolerance for the traditions and multiple identities on the island.

As the Deputy is aware, the protests followed a decision by Belfast City Council on Monday, 3 December on future arrangements for the flying of the Union flag over City Hall. I note that the motion passed represented a democratic and legitimate compromise and that the regime for flying the flag on designated days applies elsewhere in Northern Ireland to flags flying over public buildings and offices. I accept and support the right of people to protest peacefully, but violence and attacks on political representatives, places of worship and the police are totally unacceptable. In particular, I condemn the attacks that have taken place on the homes of elected representatives of the Alliance Party and their families and the death threats issued against the deputy leader of the Alliance Party, Ms Naomi Long, MP, who represents the people of east Belfast. Such threats are appalling, disgraceful and totally unacceptable. They are an attack on democracy and have no place in the politics of the island. Other dreadful incidents have included the burning down of an Alliance Party office in Carrickfergus and, most seriously, an incident last night in which a petrol bomb was thrown into a police car outside Ms Long's office in east Belfast. The PSNI is treating the attack as attempted murder. To date, 32 PSNI officers have been injured in protest-related violence. The ongoing violence is causing disruption to business and community life. As the Deputy stated, we should spare a thought for retailers in Belfast who have been particularly affected in the final weeks before Christmas.

The Taoiseach and I discussed this matter with the US Secretary of State, Hillary Clinton, when we met her on Thursday last. I have spoken to the Northern Ireland Minister for Justice and Alliance Party leader, Mr. David Ford, MLA, and conveyed to him the support of the Government for the PSNI and solidarity with those members of his party who have had to endure assaults on themselves, their families and property. I also discussed the situation with the Secretary of State for Northern Ireland, Ms Theresa Villiers, MP, this afternoon. Officials from my Department continue to remain in close contact with members of the political parties in the North, the PSNI and British officials and have been monitoring events closely during the last week.

This is the moment for responsible political leadership and we must all be conscious that our interventions should seek to calm rather than inflame tensions. I welcome the unanimous motion passed by the Northern Ireland Assembly yesterday morning which unequivocally condemned the rioting and the campaign of violent attacks on elected representatives and expressed sympathy to all those who had been attacked or threatened. I support those who have called on the leaders of loyalism to exert their influence and defuse the spiral of violence which is endangering life and the rule of law.

Last week was a great opportunity to showcase progress in Northern Ireland with the visit of Ms Clinton. The census figures released today show a very different Northern Ireland, one where the numbers in employment have increased by 14% since the previous census was conducted. That is double the rate of population increase. They also show a society which is not only more prosperous but which is also increasingly at ease with a complex sense of identity and which is less inclined to define itself with simple labels - British or Irish, Catholic or Protestant. Northern Ireland has developed a justified reputation for dynamism. This is underlined by the opening of flagship visitor attractions at the Giant's Causeway and the Titanic Quarter, the hosting of the Irish Open at Portrush and the fact that Derry will be European City of Culture next year. These are precious gains, the result of long and patient efforts by individuals across society. The Government will continue to do all in its power to protect these gains and build on them and to support the political leaders in Northern Ireland as they work to move beyond the current tensions. We will remain heavily engaged in the ongoing work of securing the peace, conscious that, while great progress has been made, more needs to be done to realise the objective of a truly reconciled society on the island.

Deputy Brendan Smith

I welcome the Tánaiste's reply. A number of weeks ago at a committee meeting to discuss the Estimates we discussed the huge progress made on the island since the signing of the Good Friday Agreement. I referred to the constant need for vigilance, but little did I think we would see a return to headlines such as "Democracy under attack", which appeared in this morning's edition of the Irish News, or to loyalists trying to kill police officers. A number of my fellow members of the Joint Committee on the Implementation of the Good Friday Agreement and I recently travelled to east Belfast to meet various groups. Loyalist leaders conveyed to us their concern about the need for further investment in their areas and progress to be made in education and the creation of employment opportunities. It was made clear to us that some of the communities in these areas were very poorly represented. I understand the Tánaiste visited a number of the communities in question in the same week we made our trip. It is welcome that he has conveyed the concerns of the Republic to the Northern Ireland Minister for Justice, Mr. David Ford, MLA, about the attacks on the Alliance Party and the threats made to some of its elected representatives. As the Tánaiste noted, in the past week we have again witnessed violence, intimidation, a series of illegal protests, arson attacks on political offices, thuggery outside Belfast City Hall and the putting in place of illegal roadblocks. We all genuinely believed these were things of the past. The Government must remain ever-vigilant in ensuring constant contact is maintained at political and official level in order to see to it that the current tensions will be eased. The Unionist leadership must give a clear message to the thugs to whom I refer that there is no place in the Ireland of today for street protests of this nature or such inappropriate and despicable behaviour.

Deputy Eamon Gilmore

I agree with the Deputy that there has been great progress in Northern Ireland. There must be constant vigilance in order to ensure peace is maintained and built upon. That is why I remain in regular contact with the Secretary of State for Northern Ireland, the First Minister and the Deputy First Minister. My Department maintains regular contact with the political parties and members of civil society in Northern Ireland and has been closely monitoring the events which have taken place during the past eight days. As stated, we continue to stand together with the people of Northern Ireland to ensure they will never again suffer through violent conflict. The Government condemns the outbreaks of violence on the streets of Belfast and the attacks on members of the Alliance Party and PSNI officers. The parties in Northern Ireland must learn to resolve issues around flags and symbols in a respectful and consensual way.

On the release earlier today of the Northern Ireland census figures, I highlight the fact that this matter cannot just be about arithmetic, with the larger group, in whatever form, holding sway at the perceived expense of the minority. Abuses by the majority are what gave rise to the Troubles and we must guard against any perception that one community will lose out as the religious composition of Northern Irish society evolves. The principles of tolerance and respect for difference and diversity are fundamental to the Good Friday Agreement. The clearly expressed wish of the majority of the people in Northern Ireland is that there should be peace and stability. That is what the wider community and its political representatives have been working towards. It is important that the tremendous progress made towards the normalisation of the security situation in Northern Ireland since the signing of the Good Friday Agreement is sustained and enhanced.

Dáil Éireann díospóireacht - Tuesday, 11 Dec 2012