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Dáil Éireann díospóireacht -
Thursday, 17 Jan 2013

Vol. 788 No. 2

Topical Issue Debate

Job Losses

How long have I got?

Each Deputy has two minutes - six minutes in total.

I thank the Ceann Comhairle for giving me the opportunity to speak about a very important topical issue. I represent Dublin Mid-West, which includes Lucan, Clondalkin, Rathcoole, Palmerstown and Saggart. Liffey Valley Shopping Centre is central in that constituency and contains HMV, which is a major employer and outlet, at least up until this week. I am very concerned for the overall welfare of the 300 employees of HMV Ireland and specifically the 16 employees in Liffey Valley Shopping Centre in Dublin Mid-West.

I am aware that they have not been paid their Christmas salary on which they are depending. They were due to get five to six weeks' salary, including overtime. I am outraged that this money has not been paid. I learned today that the management instructed the employees not to open the stores and that the employees were effectively made redundant without notice. When inquiries were made by employees as to the status of their salaries, they were told that they would not be paid but that some arrangement could be sorted out in the meantime as HMV had an entitlement with the Irish Government.

That is some attitude from an international outlet. I am very unhappy about this. This company had full knowledge of the difficulties it was about to encounter for quite some time and yet until last Sunday it continued to trade and indeed sold gift vouchers to customers. I contend that it knew full well the difficulties it was encountering and that the staff would lose their jobs. Vouchers are not just for Christmas but are valid for a period extending beyond that.

I have some questions for the Minister for State in the short time I have. What contact has been made with Deloitte in respect of HMV and the employees' wages? What can be done by the Department and is there any legal comeback regarding the entitlement of thousands of customers whose gift vouchers the stores have refused to cash in?

I will finish. What can the Minister do in terms of legislation and does he agree that legislation is required to protect Ireland's customers?

HMV is a British-owned multinational and yesterday, its Irish section, HMV Ireland, closed its doors declaring it was in receivership. This has left over 300 staff in an intolerable position as regards their jobs and wages owed. It has also left an unknown number of ordinary people with gift vouchers which have been paid for but will not be honoured according to HMV. Staff are owed five weeks' wages, including a lot of overtime that was worked over Christmas.

This is almost an exact re-run of what happened at the La Senza lingerie chain last January when staff were left in exactly the same situation. It is fine for Government Deputies to be angry. The question is where are the measures that should have been implemented to ensure that employers and big chains cannot act in this way. Workers in Limerick have occupied HMV stores demanding their rights and they should be fully supported. Workers in Limerick say their shops are viable and there is great potential in other areas if there was a strategy to maintain jobs and develop the activities in which the company was engaged. The State or local public agencies should therefore take ownership of this chain and with the staff, work out a plan to develop it, honour the vouchers for which ordinary people have paid and, in particular, maintain the jobs. Workers in occupation should be supported but, disgracefully, when workers in Thomas Cook Tours occupied premises to demand their rights, the doors of that company were bludgeoned by the gardaí and these workers were dragged in front of the courts so we want immunity for workers who occupy to defend their rights in front of powerful multinationals acting disgracefully.

We all know companies can run into trouble and be forced into difficult decisions but HMV also has a duty of care to its staff and customers. It has failed miserably in that duty of care. It remains to be seen whether HMV Ireland has even been acting within the law. Its actions on Tuesday, 15 January when it opened for business but refused to accept gift vouchers even though it was not in receivership on that day would seem to be a clear breach of trading standards and should be investigated. Reneging on vouchers, be it due to trading difficulties or arbitrarily imposed deadlines, needs to be addressed and I intend to raise this issue again shortly. For now, our primary concern must be the staff of HMV. Their treatment has, quite frankly, been appalling. Their safety was put at risk when they were told to tell irate customers that they could not honour gift vouchers or offer refunds. On Tuesday evening, Irish staff were told in a conference call with Deloitte in the UK that their jobs were secure for the immediate future but by Wednesday morning, that commitment was in tatters. Now the company cannot even say whether staff will be paid this Friday for the previous month's work. Staff hired on a temporary basis in the run up to Christmas have already been told that they will probably not be paid. This is an appalling way to treat staff and simply cannot be tolerated. The response so far from HMV and from the receivers has been shambolic.

They must be brought to account and staff must be treated fairly and with dignity.

I thank the Deputies for raising this important issue. I share their concern about the situation in HMV Ireland Ltd., including in particular the position of employees in the company's Irish stores and consumers who hold unredeemed gift vouchers. The Minister for Jobs, Enterprise and Innovation regrets that he cannot be here as he is attending a Cabinet meeting.

It was announced on Monday, 14 January 2013 that HMV in the UK would be put into administration, which is an insolvency process in the UK. The HMV stores in Ireland are operated by a separate legal entity, HMV Ireland Ltd. The Minister was informed that the Irish operation was put into receivership yesterday. The Irish receiver has indicated that he intends to seek a buyer for all or part of the business in Ireland. While I hope these efforts prove successful, at this point the future of the business is a matter for the receiver and any potential purchaser.

The Minister is aware that workers at HMV stores in Limerick began a sit-in yesterday and understands their concerns about the closure of the shops and the uncertainty they face. At his request and in an effort to allay their fears regarding unpaid wages and redundancy payments, officials from NERA were in contact last night with workers involved in the sit-in to provide advice on their employment rights. In situations in which an employer is insolvent and as a result defaults on payment of wages, the employees are protected by legislation. If the employer is unable to pay wages or redundancy payments, the employees are entitled to apply to the Department of Social Protection for payment of the amounts due from the employer. NERA is fully briefed on the situation and stands ready to provide all HMV workers with support and advice on their employment rights. My Department has opened a direct line of contact with the receiver, who has indicated that communicating with staff is a priority and to this end sent two staff to each location yesterday afternoon. It is clear that the receiver, having been appointed at 3 p.m. yesterday, is gathering all financial information relevant to the Irish operation and assessing the position. The receiver has indicated that he is making every effort to secure a purchaser for the stores. HMV in Ireland was not in receipt of supports from the State's enterprise agencies.

It is my hope that jobs can be saved. In the event of any redundancies arising, all the supports of the State will be made available. The employees should be aware that their employment rights are protected by a wide variety of legislation. The Protection of Employment Acts 1977 to 2007 require an employer to engage in a 30-day consultation period with employees in collective redundancy situations. The Minimum Notice and Terms of Employment Act 1973 requires employers to give employees notice of termination of employment or to pay employees in lieu of notice. The length of notice depends on the length of service.

Where an employer is insolvent and as a result defaults on payment of wages, the employees are entitled to seek payment from the State through the insolvency payments scheme administered by the Department of Social Protection. The employees may be entitled to payment from this fund in respect of holiday pay, outstanding pay and minimum notice, among other entitlements. Entitlements are limited to a maximum weekly rate of €600 and there is a limit of eight weeks of arrears of pay, sick pay or holiday pay. Claims are made through the person legally appointed to wind up the company. Where a redundancy claim is submitted electronically, the processing of the redundancy claim is prioritised by the Department of Social Protection and payment can be expected after approximately eight weeks. Moneys owed up to the appointment of a receiver are secured by the Social Insurance Fund. For moneys owed and earned after the appointment, a claim may be made to a rights commissioner, who will adjudicate on the case.

The issue of temporary lay-off is covered by the Redundancy Payments Acts, which are administered by the Department of Social Protection. An employer can lay off an employee if it is permitted by the contract of employment or if it is custom and practice in the workplace. Otherwise, the agreement of the employee should be obtained. If an employee does not agree to lay-off, he or she may be made redundant. If the receiver succeeds in selling all or possibly part of the company as a going concern, most of the employees' terms and conditions of employment may be protected by the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.

In so far as the sale of gift vouchers is concerned, consumer protection law prohibits traders from engaging in unfair or misleading commercial practices. Traders who are involved in the sale of gift vouchers are required to ensure that they do not mislead consumers through the omission of material or false information with regard to the characteristics of the gift voucher being offered for sale. The purchase of gift vouchers gives rise to particular considerations and it is important, therefore, that consumers fully acquaint themselves with the particular characteristics of any gift voucher they purchase. In this regard the National Consumer Agency provides advice to consumers on the particular matters they should consider when purchasing gift vouchers or cards. Aside from general advice, the agency also issued a public statement in the run-up to Christmas urging consumers to use gift vouchers as quickly as possible so as to avoid any difficulties in the event that the retail outlet selling the voucher went out of business. As regards consumers who have used payment cards to purchase vouchers from retailers that cease trading, the agency advises them to contact their card issuer to ascertain whether the charge-back rule of the payment card company can be invoked to recover the amount spent on the gift voucher. The agency's full advice and public statements on the purchase of gift vouchers can be obtained from its website.

The Minister of State pointed out that traders involved in the sale of gift vouchers are required to ensure they do not mislead consumers. I would contend that is exactly what HMV did. Clearly it was fully aware of the difficulties it was experiencing for a number of months, but it continued to sell gift vouchers as recently as last Sunday. Customers need more than advice from the National Consumer Agency in this situation. I ask the Minister of State's opinion on whether new legislation is required. I do not think the support being offered at present is sufficient.

I utterly condemn the actions of HMV in regard to the treatment of staff and demand that their rights be upheld. The script supplied by the Minister of State contains the following statement which he did not have time to read:

The retail and wholesale sector employs over 250,000 people in Ireland - that is almost 15% of our total workforce. The sector suffered heavy job losses throughout the recession, shedding over 55,000 jobs since 2008.

We must understand this issue in the context of austerity and the crazed policy of taking from the pockets of ordinary people billions of euro which would otherwise be spent in shops to maintain employment and the domestic economy.

More than 300 jobs are at risk. The infrastructure should be taken into public ownership and control and developed as a viable enterprise which would bring workers to the heart of management. This would maintain their jobs and honour the various obligations that the company entered into in respect of vouchers.

The Minister of State noted that the receiver is communicating with staff. I regard that as an insult to the staff with whom I have spoken today. I acknowledge that the receiver's representatives have visited stores across the country, but that was to change the locks and codes, not to advise staff as to their rights.

That is something entirely different. The Minister of State's response offers little to console staff or consumers with outstanding vouchers they want to cash. I understand the Consumer Protection Act 2007 has been reviewed. In the context of that review, is the Minister aware of any reference made to strengthening the rights of consumers who hold vouchers in circumstances like this? I agree with Deputy Keating and others that legislation should be introduced or existing legislation should be amended, whether that be the recently published Companies Bill or the Consumer Protection Act, to reflect the need for vouchers that have been paid for to be cashed and used.

I will not delay on this. With regard to the company selling gift vouchers in the busy Christmas period, consumers holding unredeemed vouchers who are concerned that the company may have engaged in reckless trading in continuing to sell gift vouchers in the knowledge that, because of the company's financial trading position, these would not be honoured, may wish to bring their concerns to the attention of the receiver. The point the Deputy is making is that this should be investigated.

The Minister, Deputy Bruton, has said that the Department has been in contact with the receiver, who was appointed yesterday. Under the provisions of State statutory entitlements, up to €600 per week may be claimed for up to eight weeks. Therefore, there is significant protection through company law with regard to the entitlement of consumers.

Is new legislation needed?

I am talking about existing legislation. We could not introduce new legislation that would be retrospective. There is confusion with regard to whether gift vouchers should be honoured since the company went into receivership on 15 January. It is important to put on the record that with regard to HMV Ireland, the National Consumer Agency issued a public statement at 9.15 a.m. on 16 January in which it noted that HMV Ireland was a separate entity and was not covered by the administration of the UK company. The agency queried the basis on which the Irish company refused to honour consumers' gift vouchers, given the Irish company was continuing to trade at that stage and was not under the protection of the administration or examinership process. The agency called on the company to honour the customer gift vouchers. HMV Ireland subsequently went into receivership on 16 January.

The issue of honouring gift vouchers is a matter that should be addressed to the receiver, who has stated that it is his intention to institute an assessment of the viability of the Irish stores and to make every effort to secure a purchaser for the store. It is disappointing that a gift voucher is now like an unsecured creditor. However, I hope the receiver appointed will succeed in his intention to sell the store as a going concern. Deputy Higgins made the point that this will be difficult due to the nature of the business and the change in technology relating to it. It is a difficult business to be in and it is not as a result of austerity that the business has trading difficulties.

Regional Aid

I have raised this issue because of comments made by the chief executive of IDA Ireland, Mr. Barry O'Leary, last week. He said that even with regional incentives, it was becoming increasingly difficult to convince companies to invest outside of Dublin or Cork. He was speaking on an occasion when he was announcing a net 6,570 jobs resulting from 145 investments by multinationals. Where those developments went was not surprising. In fact, where such developments go has become entirely predictable. Of the 167 job announcements made by the IDA in 2011-12, 79 were centred in Dublin, 24 in Galway and 20 in Cork. We are getting used to that trend. Based on recent research, it seems that as much of 82% of jobs created by overseas firms in the past six years have been centred in those three urban areas. This trend has hardened since Mr. O'Leary took on his position in the IDA in early 2008. I would go so far as to say I do not believe there is a serious policy in the IDA for attracting foreign direct investment into the regions. My constituency of Waterford city and county has become an afterthought for the IDA and is effectively a foreign investment free zone.

This brings us to the issue of regional or investment aid and the incentives that are intended to incentivise foreign companies to move outside of the three urban areas which have been getting the bulk of foreign direct investment. The objective of the regional aid scheme is to provide support to enterprises that seek financial assistance to establish an initial investment and-or job creation link to an initial investment project in Ireland. It lists the categories which can get a grant, salary costs, second-hand equipment, lease land and buildings, etc.

The regional aid incentives are not working and have not worked for some time. As far as I understand, the existing framework for regional aid and the regional aid map cover the years 2007-2013. I understand also that the Department of Jobs, Enterprise and Innovation is putting together new guidelines, in conjunction with the European Commission, for the post-2013 period. How is the Minister going to incentivise foreign companies to invest in areas under the new regional aid guidelines he is drawing up with the European Union? Under the current regional aid map, the highest rates are afforded to the Border, midlands and west, BMW, region. For the period 2007 to the end of 2010, the region qualified for a rate of 30% for large firms, and 40% and 50% for medium and small firms, respectively. In accordance with the guidelines, a reduced rate of aid for the BMW region came into being in 2011, reducing to 15% for large companies, and 25% and 35% for medium and small firms, respectively. The maximum current aid rates for parts of the south and east region remains at the lower level of 10% for large companies and 20% and 30% for medium and small companies, respectively.

It is worth pointing out that the CSO recently reported that unemployment was highest in the south east, at 18.7%. The south east does not qualify for the highest levels of regional aid. The Minister should amend the regional aid guidelines immediately, as has been done previously, to reflect the current economic landscape in the different parts of the country. If the Minister accepts that these incentives are not working - it would be hard not to - what plans does he have to incentivise foreign firms to develop in the regions outside of Dublin, Cork and Galway?

I appreciate what Deputy Deasy has said on investment and thank him for raising this issue. State aid regulation is a matter of major concern for Ireland and the operation of a level playing field across the European Union is critical to the pursuit of industrial development. Large enterprises have an important impact on regional economies. They stimulate competitiveness and productivity, upgrade the industrial base, facilitate SME growth, increase the level of competition in local markets and improve labour and management skills for the economy in general. In order to improve European competitiveness, create jobs and emerge from the current economic situation, it is essential that EU member states have sufficient flexibility to assist the regions make the required adjustments.

This is particularly relevant in Ireland, given the ongoing need to upgrade the industrial base and the fact that the economic crisis has had a severe impact on a number of Irish regions. The Government believes that the current economic crisis and resulting balance of payments imbalance provide a significant challenge to the European Union as a whole. This is particularly important given that international competition for investment is intensifying outside the Union. Regional aid is an important lever of European economic development and international competitiveness, and we are extremely concerned that a number of measures proposed by the Commission will inhibit potential investment in Europe's disadvantaged regions.

I understand clearly what Deputy Deasy has said in this regard and with regard to development taking place in Dublin, Cork and Galway. The European Union as a block must often compete with third countries for mobile foreign direct investment. Recognition should be given to the positive benefits for the EU economy and society of facilitating FDI, particularly in high-tech areas. State aid is also being provided for third countries to undertake measures we believe will benefit from some consideration by the Commission.

I assure the Deputy the Government is keenly aware of the impact of the proposed changes in the regional aid guidelines for the country and will strongly defend our interests in the multilateral discussions about to commence.

It is important for us to have a clear position. Despite the benefits of the aid that is currently provided, it is difficult to get industry into the BMW region. That difficulty would be far greater if that aid were to be diminished in any way. Our needs and interests will be highlighted and alliances will be forged to effect the best defence possible. I have been to Waterford. I have met the regional director of the south-east region. In light of the level of unemployment in the region, it is important for IDA Ireland to give every consideration to it when decisions on foreign direct investment are being made. I will speak to Barry O'Leary to ensure that the regions beyond the places mentioned by Deputy Deasy are considered. Ireland is striving to address a real economic crisis and to avoid a depletion of its historical national and regional economic development. If Ireland is to retain the flexibility afforded by the use of regional aid, as it needs to do, we must make our case strongly with the other EU member states in the coming weeks and months. Deputy Deasy has made an important point. I do not doubt that the Minister, Deputy Bruton, will fight in a determined manner to ensure we retain our regional benefits. We must make every effort to argue for foreign direct investment to be brought to regions where such industrial activity has not taken place before now.

I thank the Minister of State for his response. I think we are talking about two different things. The Minister of State spoke about defending the concept of regional aid at European level. The point that Barry O'Leary and I are making is that the existing regional aid guidelines are not working. It is a question of their effectiveness and utility. The guidelines that are being used to incentivise companies to come to Ireland are not working. The Cabinet is having a special meeting this afternoon to deal with jobs. That is why the Minister, Deputy Bruton, is not here. When I looked at the press release, I read the usual lingo about Ministers being asked to report back with regard to the number of jobs that might be created. The Taoiseach and his Ministers need to start thinking about where these jobs are being created or not being created. I say that because a massive imbalance or disparity between the regions has opened up in this country. I have come to the conclusion that nothing much is being done about it. Very little thought is being given to the issue. I believe IDA Ireland has become quite content to announce every year the jobs it has created for Ireland Incorporated and leave it at that. That is not good enough. It needs to be dealt with. That disparity and imbalance is getting wider.

I conclude by putting some obvious questions to the Department. Who are the stakeholders the Minister consults when he makes these submissions to the EU? Can the Minister give the Members of this House details of the involvement or input they will have when the regional aid map, and the financial incentives involved, is redrawn? Will he increase the amount of regional investment aid that is given to those parts of the country that are experiencing massive levels of unemployment? It is clear that the regional aid guidelines are not working. I would like to know why they have not been amended to date.

I appreciate the concerns of Deputy Deasy. I will bring them directly to the Minister, Deputy Bruton. As Barry O'Leary could testify, it is very hard to influence foreign companies that have the potential to invest in Ireland. They tend to be driven by their own factors when they decide to go to Dublin, Galway or Cork. Although we can avail of major benefits in the BMW region, we are encountering the same difficulties as the south-east region, which have been highlighted by Deputy Deasy. Although the substantial benefits that are available in the BMW region are not available in Dublin or Cork, companies are continuing to choose to go to those cities. That is a fact. They are still going to Dublin or Cork even though they are not getting the same benefits, in terms of employee entitlements, that they would get if they went to the BMW region. The point is well made. We are fortunate that IDA Ireland has had a very successful period with regard to foreign direct investment. Obviously, we all wish there was a greater regional spread. As a representative of a Border constituency, I appreciate what Deputy Deasy is saying. I am sure the Minister, Deputy Bruton, will take on board the Deputy's concerns and fight to ensure the regions become more attractive to foreign direct investment. I remind the House that some very good investments in the south-east region have been made by indigenous Irish companies with support from Enterprise Ireland. We are all focusing on the creation of jobs. The jobs plan that will be announced in the coming weeks will have a clear focus on what we can do to facilitate the creation of jobs in the economy.

Speech and Language Therapy

While I thank the Minister of State for his presence, I had hoped somebody from the Departments of Health or Education and Skills would be here.

There is a Cabinet meeting on at the moment.

Yes. I hope the Minister of State will pass on my concerns in relation to the Beechpark services of the HSE. Since a school in my constituency - Scoil Chiaráin in Donnycarney - contacted me about this service, I have been contacted by other schools about it. The authorities at Scoil Chiaráin have been told that Beechpark will not provide any more speech and language therapy services to children of primary school age in this term. No guarantees have been received with regard to the next term. There are 18 children in the unit at the school in question. According to the letter I received from the school, "twelve children will now rely solely on their class teacher for SLT support". This is an untenable situation. Beechpark has provided work for the children to do within their mainstream classes, which is not the best way to proceed with children who are so vulnerable and needy. According to a letter I have received from a parent at the same school:

Our son is on the ASD spectrum and is currently attending an outreach ASD class in Scoil Chiaráin C.B.S. on Collins Avenue. We were recently informed that our son will not be receiving any in-school Speech and Language support during this new school term. The reason being that Beechpark, the HSE providers, are unable to fill a senior SLT position due to the on-going embargo on recruitment. Therefore their current SLTs are being stretched to the limit, resulting in our son losing out on crucial language therapy. It is imperative that our son has every opportunity to continue to develop his social and communicative skills. We are very concerned as to how this loss in support will hinder his development, going forward.

The letter I have received from the school states:

Twelve children will now rely solely on their class teacher for SLT support. Our children are enrolled in our outreach classes with the hope that they will be able to integrate full time with mainstream. How can this happen when their supports are being withdrawn? Communication is an essential area of development for children with autism.

Essentially, I am asking why there does not seem to be any co-ordination with regard to special education between the Department of Health and the Department of Education and Skills. It is needed if we are to tackle this issue.

Everyone understands the economic situation, but that is cold comfort for parents whose children desperately need these services. We are faced with the prospect of saying to the parent of a child on the ASD spectrum that he or she will have to stay within his or her mainstream class for this term, and possibly the next term, because one of the senior speech and language therapy positions within this service cannot be filled as a result of the recruitment embargo. If we believe in education as a great liberator and if we believe in the potential of every child, regardless of his or her learning difficulties, surely we cannot stand over this position. I have been told by the representatives of disadvantaged and non-disadvantaged schools in my constituency - the school in this case is a disadvantaged school - that they know of children who have been waiting for two years to access the services they need, including occupational therapy services and the speech and language therapy services that are provided by Beechpark. When they finally get those services, it is a great thing for the school. In this case, Coláiste Chiaráin has been told some of its pupils will have to do without certain services because of the recruitment embargo. I am sure the Minister of State will agree that the children in this unit deserve an awful lot better. I will be interested to hear his response.

I thank Deputy Ó Ríordáin for raising this important issue. The Government is committed to protecting front-line services, including services for children with disabilities and autism, to the greatest possible extent by seeking to maximise the provision of services within available resources. As the Deputy will know, the Government has decided that the number of people employed across the public service must be reduced to 282,500 by the end of 2014 to help it to meet its fiscal and budgetary targets. The health sector must make a proportionate contribution to the achievement of this reduction. The general moratorium on the recruitment or replacement of staff is one of the measures that have been put in place by the Government to achieve this aim. The HSE can make staff appointments as long as it remains within its overall employment ceiling and has the financial resources to do so.

However, given the need to meet overall budgetary and employment targets, such appointments must be kept to a minimum.

The HSE aims to ensure the resources available for speech and language therapy are used to best effect in order to provide assessment and ongoing therapy to children and adults in line with their prioritised needs. Along with the significant investment in the area of speech and language therapists employed in recent years, a range of new approaches has been developed and used in many speech and language therapy services across the country. These include providing structures, training and support to parents and carers so they can work to help improve the individual's speech and language. In addition, therapy is delivered in group settings where appropriate. It is key, in this context, that services are configured to ensure optimal effectiveness and efficiency within the existing substantial resources.

As the Deputy may be aware, the Beechpark autism services in north Dublin are currently being reviewed to see how they can be provided to best effect into the future. Arising out of a report prepared by the HSE for the Minister for Health on the Beechpark autism services, I established an independent expert group to review and make recommendations on them. The review group comprises the chairman, Mr. James O'Grady, Professor Michael Fitzgerald and Dr. Fiona Keogh. The review group has already met on several occasions and has carried out two site visits as part of its work to date.

The review is being conducted having regard to the national policy framework on children's disability and autism services set out in the report of the National Reference Group on Multidisciplinary Disability Services for Children aged 5-18 and the HSE review of autism services, as well as the reorganisation of services based on this national policy that is under way under the national programme on progressing disability services for children and young people aged up to 18. The review will also consider and make recommendations on how available resources for children's disability and autism services should be utilised across all HSE areas, having regard to the principles of equity of access to services, value for money, quality and sustainability, and in light of the national policy framework. The review is nearing completion and the group expects to be in a position to present its recommendations to me in the near future.

The particular issue raised by the Deputy will need to be considered in the context of the report of the Beechpark review group and in light of the financial and employment control parameters. There is no doubt the current economic situation in the country is presenting challenges to us in terms of how best to maximise the provision of services within available resources. The Minister is committed to protecting front-line services, including children's disability and autism services to the greatest possible extent.

With all due respect, if I go back to the parents with this answer, they will not be very impressed. They will not be impressed with an indication of the overall economic situation, which they have been told of to death, and they will not necessarily be impressed by a review group. The situation is that a senior speech and language therapy position is not being filled. Reviews are wonderful, but the problem is there are 12 children on the autism spectrum who are being told to go back to class. They are being told, "Here is some work you can do in your classroom with your class teacher". It is completely unfair, not just to the children and their parents, but also to the teacher, who is completely incapable of dealing with the situation presented to him or her.

I would ask for a more sympathetic and more realistic answer from the Minister. These are very needy and vulnerable children who have fantastic capabilities and potential. This school received a letter from Beechpark on 20 December stating that the senior speech and language position at the school cannot be filled and that it would not have any service in the first term of 2013 and possibly in the term after that. That is an unsustainable position. A school has to plan for an entire year. The Minister of State will probably agree with me that it is far from an ideal position. I would ask for more than a commitment to a review because a review does not take account of the specific situation in which we find ourselves, where the children are being left without the services they need.

Being a teacher himself, the Deputy knows only too well the challenges facing children and I fully respect what he has said. I would ask him to engage with Mr. James O'Grady, whom the Deputy has possibly met, Professor Michael Fitzgerald and Dr. Fiona Keogh. It is very important that the school would engage with the review group in regard to how best to facilitate Beechpark. This report is near completion and the Minister, Deputy Reilly, will be very sympathetic in this regard. As the Deputy knows, however, there is an embargo on recruitment. It is a question of utilising the services that are there to serve the greatest possible need.

The expert group is to make a recommendation on the Beechpark autism services in north Dublin very shortly. It would be very important that they are invited to the school as they might be able, in some way, to come up with an idea to deal with the important issue raised by the Deputy. It might be advisable for the Deputy to engage directly with the review group and I wonder whether the principal of the school has met the members of the group, which is another possible avenue.

Review groups are important and they are not just talking shops. The Minister has appointed the group with a mandate to come back with suggestions as to how best to maximise the services in north Dublin, which will be to benefit of everybody. I strongly advise the Deputy to engage with the chair and with Professor Michael Fitzgerald to see what exactly is happening and whether the outturn of the review will solve the problem at Beechpark. That is the question we have to answer. Until the Minister, Deputy Reilly, gets that answer, there is nothing he can do.

Crime Levels

With all due respect to the Minister of State, Deputy Perry, it is very disappointing the Minister for Justice and Equality cannot be present to hear the very real concerns of the people of Donegal. I suggest it shows the priority Donegal is receiving in regard to these incidents in the county in recent weeks and months. While there may be a Cabinet meeting ongoing, the Minister for Justice and Equality does not have any role in terms of job creation. In fact, with Garda numbers declining, it is probably unemployment creation that is his role.

It has been clear for some time that there is a major issue with burglaries targeting the elderly in Donegal. The burglary and assault of a number of elderly people this week, as well as recent such incidents involving an 84 year old woman and the brutal attack on a 96 year old woman, are utterly despicable. Unfortunately, this has been an ongoing problem for some time. I highlighted this issue to the Taoiseach in the Dáil late last year on Leaders' Questions, but it obviously fell on deaf ears and we are now seeing the brutal consequences of the Government's attack on rural Ireland.

Donegal has already seen cuts to the Garda presence, which has led to the havoc we are now experiencing. With a further five stations to close this year, I am seriously concerned as to how such incidents will be dealt with in the future, as gardaí appear to be struggling to cope with the current spate of vicious burglaries. We have already heard how the Minister, Deputy Shatter, has been assured by the Garda Commissioner that it is an absolute priority to bring the people responsible to justice and that the Garda is devoting all necessary resources to that end. If they are relying on the resources available in Donegal, they will not have much hope. These criminals have no fear because they know they will not be caught, as matters stand. The only answer is to increase the Garda presence and prevent any further closures of Garda stations so a clear message is sent out that this barbaric behaviour will not be tolerated in Donegal.

I too have to say, on behalf of the elderly people of Donegal, it is an absolute disgrace that the Minister for Justice and Equality is not here to answer this very important question from three Donegal Deputies. I sat in my office in Leinster House to watch "Prime Time" when Miriam O'Callaghan interviewed Phyllis McGee, a very brave woman, who was robbed not once but twice in her home in Pettigo. The next morning, I got a message from Deputy Pádraig Mac Lochlainn to tell me there were two more robberies in Inishowen. As people were sitting back, some in tears, watching Phyllis McGee's bravery, criminal gangs were out preparing to rob elderly people in other parts of Donegal.

The Minister, Deputy Shatter, went to the media and said the closure of rural Garda stations will ensure more gardaí are on the beat in Donegal and other areas. That is nothing but bull. Let us look at the facts. Some 31 gardaí have been taken from the Donegal service in 2012 alone and 24 gardaí have been taken off the street and put in offices. The station in Pettigo does not have a garda assigned to it. Ten years ago, 12 gardaí were assigned there, eight years ago there were four and there were two until recent years. Now, there is none.

No wonder criminals see the likes of Phyllis Magee as an easy target in rural Border communities. The Minister needs to do more than spin. He should be before this House telling elderly, vulnerable people in Donegal and other communities what his strategy is to ensure that the gardaí are resourced to the best of his ability to ensure that these crimes do not happen in the first place and that when they do happen that the perpetrators will be caught.

For the second day in a row the Minister for Justice and Equality, Deputy Shatter has given two fingers to the people of Donegal. He shamefully went on Highland Radio, our local radio station in Donegal, yesterday and said that Donegal is not a unique case. Elderly people have been robbed. There has been aggravated burglary, people are attacked in their own homes from the Inishowen Peninsula right down to Pettigo and Donegal town and through east Donegal. Elderly people across Donegal, particularly those living alone, are terrified. They are looking for a clear plan. The gardaí on the ground in Donegal say they do not have the resources or the vehicles to deal with this. I am not talking about the superintendents and the top brass who always say the Government is doing the right thing. We need the Minister to intervene. We do not need two fingers shown to the people of our county. We need a clear indication of how he will resource the gardaí, bring in specialists and deal with this rampant criminality and send a clear message to the people of the county, particularly elderly citizens, that they will be adequately protected.

I wish to thank the Deputies for raising these important matters. I am speaking on behalf of the Minister for Justice and Equality, who regrets that he is unable to be present today as he is chairing a meeting of the Informal Justice and Home Affairs Council in Dublin Castle as part of our EU Presidency programme.

The Minister is very conscious of the deep distress which burglary and similar crimes can cause to householders in both urban and rural areas, as well as the broader impact it can have in terms of fear of crime in our communities. He also shares the widespread outrage at the recent incidents of aggravated burglary, and he is fully confident that the Garda is doing everything in its power to bring the perpetrators of these appalling crimes to justice. In particular, the Minister has kept in close touch with Garda Commissioner Callinan about these recent attacks. The Commissioner has assured the Minister that it is an absolute priority for himself and his force that the people involved will be brought to justice as quickly as possible. An Garda Síochána is devoting all the resources necessary to achieve this.

The Garda is taking a number of operational measures to deal with this problem, including additional patrols and checkpoints, dissemination of intelligence within the force concerning potential suspects and further close co-operation with the PSNI. For obvious reasons the Minister cannot go into detail publicly about these operations but one thing is clear: whatever steps are necessary, within the law, to deal with these attacks are being taken and being taken urgently. Based on its track record, we have every reason to believe that the Garda will be successful in its efforts. In particular, the Minister welcomes the progress being made as part of Operation Fiacla, which is focused on identifying and targeting gangs involved in burglaries. Operation Fiacla is intelligence driven and, as part of that operation, specific burglary initiatives have been implemented in each Garda region to target suspect offenders. As of 31 December 2012, 3,538 persons have been arrested and 1,924 persons have been charged as part of Operation Fiacla, showing that the Garda Commissioner is effectively deploying the substantial resources available to him. Furthermore, the latest quarterly figures for burglary suggest that Operation Fiacla is having an impact, when compared with the quarterly figures prior to its introduction.

While clearly it is no consolation to those who have had to endure dreadful experiences at the hands of gangs of burglars, it is nonetheless important to mention that the most recent crime figures show that the number of aggravated burglaries has gone down by over 17% on the previous 12 months. The Garda response to such crimes is robust and gangs and individuals involved in burglaries are pursued with determination arid effectiveness. Of course, there are changes to the way policing is being managed and the Minister appreciates that people have concerns about this. The priority in all the changes being made is to ensure that we have an effective and professional policing service provided to the community, throughout the country. Until recently, the Garda station network was essentially the same as the RIG network which obtained in 1922, and clearly this was not appropriate to the policing needs of the 21st century or consistent with modern policing practice.

The Garda Síochána now has a class-leading police computer system, a state-of-the-art digital radio system and a transport fleet which is currently receiving significant investment. An additional investment of €3 million in the Garda fleet towards the end of 2012 has resulted in more than170 new vehicles being purchased. These vehicles are currently entering into service. A further €5 million has been made available for the purchase and fit-out of new Garda vehicles in 2013. This substantial investment will contribute in a significant way to the ability of the force to operate to the optimum benefit of our communities throughout the country.

The Garda national policing plan for 2013 outlines the Commissioner's proposals for the continued reorganisation and consolidation of the Garda station and district network. After the closure of 100 Garda stations in 2013, there will still be 564 Garda stations in the State. That will be significantly more than comparable jurisdictions, such as Northern Ireland, where there are 86 stations with a population of 1.5 million people, or Scotland, where there are around 340 stations for a population of 5.2 million. The essential point of the Garda Commissioner's strategy for re-organisation and consolidation is to make the best use of our well-trained gardaí and in particular to maximise their time on operational duties.

This is precisely what is required in order to respond effectively to these shocking recent incidents and the Garda has the full confidence of the Minister and the Government in the way it is tackling these challenges. I am sure all in this House would wish to acknowledge the continuing efforts and achievements of An Garda Síochána, on behalf of our communities.

The Minister of State outlined the so-called success of Operation Fiacla. I am sure that if he could point to a reduction in burglaries and aggravated burglaries in Donegal he would have included that statistic in his response today. Aggravated burglaries in Donegal have probably gone up by hundreds of per cent over the past year and over the same period that Operation Fiacla has been running. The Minister needs to address this issue straight away in Donegal and provide the resources necessary for the gardaí to deal with this issue. He talks about the new investment in the Garda fleet. These are not new vehicles. They are replacement vehicles, replacing fewer vehicles than have been taken out of commission. The Minister needs to make sure that the resources are available to change the situation that has existed for the past few months in Donegal where in west Donegal a squad car had to travel over 40 miles to attend a very serious incident and in Inishowen a garda had to hitch a lift to investigate a burglary. That is what the gardaí face in Donegal and the Minister needs to address it immediately.

Unfortunately, there is little in what the Minister of State has said that will give comfort to elderly people in Donegal. I know this comes in waves and depends which gangs are operating but Phyllis Magee was robbed twice and individuals in Buncrana, Inishowen and Raphoe have also been robbed. I spoke recently to a relative of somebody who had passed away who told me that the deceased had been robbed a couple of weeks previously and went downhill completely. Unfortunately, a deceased relative of mine, a very elderly woman, was robbed. These people talk about the invasion of their personal space, their house and rooms, and how difficult it is for them to return afterwards. There is nothing of comfort in the Minister’s response to deal with the crisis in Donegal. No garda has been assigned to Pettigo Garda station since 2011. Will the Government ask the Commissioner to overturn this decision?

The national broadcaster went to film "Prime Time" in Phyllis Magee’s house. All the national radio stations and newspapers have focused on Donegal. They can see that we have a crime emergency in the county. Yet the Minister for Justice and Equality said on our local radio station that nothing unique is happening there.

He could have delegated his Minister of State to cover the business in Dublin Castle in order to come to County Donegal, but he is out of touch. Perhaps the Minister of State, Deputy Perry, will communicate to the Minister that people on the ground in Donegal, particularly our elderly citizens, are terrified. They need to see clear, decisive leadership and a clear priority being given to the county until this matter is sorted out. No amount of spin about Garda numbers, vehicles, stations and rosters will cut it, because we know both from gardaí on the ground and from the GRA, which has destroyed the spin during the past year, that these assertions do not stand up to scrutiny. Let this matter be a priority and let the Minister show decisive leadership and take action to deal with it as soon as possible.

The Minister, Deputy Shatter, is very much in touch. He is chairing an EU meeting in Dublin Castle today, an obligation of the EU Presidency. On commitment, the Minister has been in constant contact with the Garda Commissioner, Martin Callinan. The resources of the State are being made available. The new cars are replacements for existing cars and are not additional, but they are brand new and are a big investment in the road fleet. The Minister empathises totally with the victims of crime. The fact is that 1,900 people have been arrested and charged and more than 3,000 have been brought in as suspects. Operation Fiacla is very effective. Major surveillance is going on at present and I assure the Deputy that the Garda Síochána currently has resources available. The Commissioner is more than happy that he is dealing with the matter very effectively.

I know about this only too well, being from an adjoining county. There have been incidents in south and west Sligo and this is a concern, particularly in west Sligo. However, the superintendent on hand has dealt with it. The people involved were members of one gang that carried out a series of robberies, and they have been apprehended. There is a big role here for the community also. It is about community policing, and the State gets very good co-operation on the ground from the community. The Minister, Deputy Shatter, wishes to ensure the matter will be dealt with and I assure the Deputy that it will be.

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