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Dáil Éireann díospóireacht -
Thursday, 23 Jan 2014

Vol. 827 No. 3

Topical Issue Debate

Vaccination Programme

I thank the Ceann Comhairle for allowing me to raise this issue and the Minister for his attendance today. The issue pertains to the difficulties and concerns of families with children who have narcolepsy and the need to provide them with assurances that they will receive the necessary supports as the children grow into adulthood. To put this into context, this arose from the administration of the H1N1 swine flu vaccine Pandemrix a number of years ago. While this affects a small number of children nationwide, their whole lives were turned upside down and they will never be the same again. Within a short time of the vaccine being administered there was a noticeable change in their behaviour, such as falling asleep at school or at home at regular intervals, even though they may have had ten hours' sleep the previous night. In addition, there were mood swings, temper tantrums, facial twitches, drooping eyes, weight gain, slurred speech and many other symptoms. My understanding is this affects approximately 60 families, although the Minister may be able to update that figure. While the confirmation of this illness takes time, it is not expected that there will be a limitless number of cases. In other words, a solution will not be prevented by the potential opening of the floodgates to an enormous number of cases or anything like that. However, it is a life-changing experience for those affected - that is, the children themselves and their entire family.

In fairness, the Minister indicated in April 2012 that a package of supports would be put in place to support the children and families affected, which was both welcomed and necessary. I have met one family involved in particular and the families sought some form of security and certainty that on confirmation of the illness, there would be automatic access to supports by way of discretionary medical cards, educational needs and home tuition. Such supports encompassed several Departments, such as the Department of Social Protection in respect of carer's allowance. In the case of the family with which I dealt, the father gave up his job and now is at home looking after the needs of his son. Difficulties sometimes have occurred in this area on foot of a lack of joined-up thinking between different Departments, such as the Departments of Health, Education and Skills and Social Protection, with regard to different interpretations of what is needed in particular cases and how to get access to it. There also is the issue of the children reaching the age of 18, because people of 18 or 20 need supports in a different context and setting as they move on with their lives.

The most recent issue was triggered last December when, just before Christmas, a number of the families involved received letters stating that certain services were being withdrawn. My understanding is that they were pursuing legal action and the umbrella group that represents them, Sufferers of Unique Narcolepsy Disorder, SOUND, was obliged to appear before the High Court, where those letters were set aside. Effectively, my role today is to highlight this issue and to get certainty for the families who are going through this trauma. While the number affected may be small, it is a huge matter in their lives. I seek final clarity as to what is meant by the setting aside of those letters. Does it mean they could be reinstated at a later stage? One can imagine the fear and anxiety caused by the receipt of such a letter and I ask that this be clarified today. In addition, I seek clarity on what supports are in place for the families and whether they still will be available after the children reach the age of 18.

I thank Deputy O'Mahony for raising this sensitive Topical Issue, as it provides me with an opportunity to update the House on this matter. First, I acknowledge the impact of this on those diagnosed with narcolepsy following administration of Pandemrix influenza vaccine, as well as the impact it has had on their families. I have heard directly from the families and the parents regarding their personal experiences.

I note with optimism that the earliest indications from scientific and medical research into this condition suggest that the prognosis for children may be better than previously indicated and that they should be able, with appropriate medication and supports, to reach their potential. It is important that these children continue to receive effective treatment and supports. Second, I commend the dedication and commitment of the officials in the HSE advocacy unit and the regional co-ordinators in providing those affected and their families with tailored services and supports to address their specific individual needs.

As Deputies are aware, a number of families have recently initiated legal action alleging personal injury in which they are claiming the development of narcolepsy resulted from the administration of the pandemic vaccine. It is inappropriate for me to comment further on these cases, but I support their absolute right to do so. Following the receipt of letters from solicitors representing a number of individuals indicating their intention to initiate legal proceedings, legal advices were obtained by my Department. The advices obtained recommended delegation of the management of these cases and, any subsequent similar cases, to the State Claims Agency. I approved this course of action in June 2013.

A Government decision was required to give effect to this approach. The Government decision was obtained in October and allowed the Taoiseach to sign the National Treasury Management Agency (Delegation of Claims Management Functions)(Amendment) Order 2013 on 15 October. The management of the cases was transferred to the State Claims Agency upon the order coming into effect.

Public and media confusion around the provision of health services and supports, including the provision of discretionary medical cards, arose from communications by the HSE. The HSE has apologised for any distress or upset caused and has clarified the situation with the families involved. I understand that regarding individuals who have initiated legal proceedings, the HSE has advised that all expenses associated with narcolepsy will continue to be reimbursed on an ex gratia basis until the litigation process is finalised. My priority, and that of the Government and the HSE, has been always to ensure that individuals affected by narcolepsy following pandemic vaccination receive the health care and support they specifically need, regardless of whether they choose to take legal action.

I thank the Minister for clarifying that there will be no disadvantage to any of children of families that take legal action. That is very necessary and welcome. The family that came to me about this has no wish to go the legal route but does wish to get absolute clarity and supports that will be continued right after the child grows to adulthood. Will the Minister address the issue of supports for over-18 year olds and adults? A few days ago the family in question received a letter stating their medical card is being reviewed. I know about the medical card review process but it increases the fears for families.

It is a limited number of people but their lives have been turned upside down and will continue to be so in the future. The main message is security and certainty into the future. The issues that have arisen seemed to have been solved a couple of years ago with the package the Minister announced but, from the recent letters that have been sent out, that does not seem to be the case. While the media may have misinterpreted it, it is important that there be clarity and joined-up thinking between the Departments, and security and certainty for the families.

Technically there is no such thing as a discretionary medical card but it has come into common parlance because of full medical cards that were given to people who did not meet the criteria but where discretion was used because of the particular hardships they faced. The whole scheme is based on financial hardship, as the Act states. I have no wish as Minister for Health to be involved in any situation which makes life more difficult for those who have suffered as a consequence of vaccinations that were produced, administered and received in good faith. I have discussed with the chief medical officer the need for a no-fault compensation scheme to be put in place, particularly for the victims of vaccine damage. It is through no fault of their own and they are contributing to the common good by allowing themselves to be vaccinated. This protects not just themselves but others in the community who may not be able to avail of a vaccine, but who will not be faced with exposure to a particular disease because it has been nearly eradicated.

Staged payments is an important issue because in this situation the original prognosis for this condition has improved and should continue to improve over the years. However, Deputy O'Mahony's very genuine and legitimate concern on behalf of those parents is what will happen to those children when they pass 18 years of age if they are still seriously impeded as a consequence of this condition. We will continue to support them in every way we can. Even though they be over the age of 18 or 25 they may very likely still have educational requirements. We must support them in that. There has been great co-operation between me and the Minister for Education and Skills in providing a broad range of supports and services. They should remain in place for as long as they are required as well as any other facilities made available to those who have suffered as a consequence of the vaccine.

Disability Support Services Provision

The arts and disability awards Ireland, ADAI, scheme is a unique, all-Ireland project that is supporting and developing disabled and deaf people's involvement in the arts. It received funding from both Arts Councils on the island. According to the Arts Council:

The scheme aims to challenge and inspire creativity, experimentation and artistic excellence. Each applicant can apply for a maximum of £5,000 or the euro equivalent. The grants are to enable the production of new work.

The scheme is managed by Belfast based Arts and Disability Forum, ADF. The decision to withdraw the funding by the Arts Council was revealed in a letter to Chris Ledger, chief executive of ADF, which has managed the scheme on behalf of both Arts Councils since the year 2000. The Art's Council's letter stated that as a result of an 11% reduction in its own funding it has decided to explore alternative ways of meeting the needs of the arts and disability sector in Ireland and it decided to withdraw funding altogether. The scheme has allocated a total of €640,565.45 to 216 projects on the island since its inception in 2000. The scheme had been valuable in promoting the careers of disabled and deaf artists. The future is now uncertain for disabled and deaf artists as the cuts in funding signals the end of the ADAI.

ADAI is a unique cross-Border scheme which has benefitted dozens of disabled and deaf artists. It will come to an end unless the decision to withdraw funding is reversed. Artists from both sides of the Border who have received ADAI bursaries have gone on to win awards, commissions, recording or publishing deals and major grants. For example one artist was short-listed for the Hennessy literary award last year, two albums were released, a Wellcome Trust award was granted and an artist who got started with an ADAI grant has won seven international awards. Each of these is a success story in itself.

The ADAI programme has been extremely valuable in providing dedicated year round support for disabled and deaf artists who are on a professional career path. It has enabled them to compete in a very tough market.

The ADAI scheme itself is a past recipient of an Aisling award for cross-Border co-operation. One artist who benefited from the grants scheme, Cathy Henderson, recently completed a commissioned project with the internationally renowned Robert Ballagh to design a commemorative artwork celebrating the centenary of the 1913 Lockout and the establishment of the ITGWU. If we are serious about commemorating 1913 and all it stood for and represents in our history, we must set about establishing an inclusive society and must ensure artists with disabilities are supported and included.

I appeal to the Minister to use whatever influence he has, both financial and political, to ensure that funding is restored to this worthwhile project.

I thank Deputy McLellan for raising this matter this evening. I remind her that primary responsibility for the promotion of the arts at all levels throughout the country is devolved to the Arts Council. The Arts Council is the national agency for funding, developing and promoting the arts in Ireland. The council was established in 1951 to stimulate public interest in and promote the knowledge, appreciation and practice of the arts. It is an autonomous body, under the aegis of my Department. The Arts Council is funded by my Department, but it is statutorily independent in its day-to-day operations. This includes independence in its funding decisions. In 2014 the Arts Council will receive an allocation of €56.9 million in current and capital funding. I cannot intervene in Arts Council funding decisions. Indeed, I am statute barred from doing so.

The 2014 allocations, which were made in the difficult economic climate in which we now find ourselves, provide for almost €123 million for arts, culture and film. As well as the funding of €56.9 million to the Arts Council, other significant funding for agencies and bodies that operate under the aegis of my Department include, €14 million to the Irish Film Board, €11.5 million to the National Museum and €7.5 million to the National Gallery of Ireland.

For 2014, there has been a core reduction of approximately €16.9 million, or 7%, in Exchequer funding to the Department. Therefore, difficult choices had to be made with regard to funding for 2014. Notwithstanding this, and even with a reduced departmental budget, every week more than €2.3 million will be invested in arts, culture and film this year. This allocation will help to maintain and support the important role played by the arts in innovation, cultural expression, job creation and economic recovery.

As I mentioned previously, under the Arts Act 2003, the Arts Council is statutorily independent in its day-to-day operations and neither I nor my Department has a role to play in its executive or funding decisions. In a wider context, the Arts Council support for a range of art forms is set out in its strategic overview document entitled Developing the Arts in Ireland: Arts Council Strategic Overview 2011-2013. This strategy document, which is available on the council's website, lays out the key strategic principles that inform the council's funding decisions.

I understand that in light of the current funding environment and the changed landscape for arts and disability practice in Ireland, the Arts Council took the decision to cease its support of the arts and disability awards with effect from January 2014. I also understand that the Arts Council has for some time been considering these supports and is exploring more effective ways of using resources so as to meet needs of the sector and ensure optimum value for money. I am informed that the Arts Council remains committed to supporting arts and disability practice and to delivering on its policy in this area. I am also informed that in 2014, notwithstanding the council's own funding reductions, it has maintained funding to Arts and Disability Ireland, the national development and resource organisation for arts and disability, at 2013 levels.

Furthermore, in addition to other supports which it offers, over 2013-4, the Arts Council developed and invested in Ignite, a new commissioning initiative to facilitate the creation of ambitious new work by professional artists with disabilities, which represents the largest ever investment in Ireland's arts and disability sector. Ignite is managed by a partnership involving the Arts Council, Arts & Disability Ireland, Cork City Council, Galway City Council, Galway County Council and Mayo County Council.

I thank the Minister for his response, but I am extremely disappointed. This is a serious issue and it was important to discuss it here today. To be honest, I do not care whose remit it comes under. Deputy Deenihan is the Minister and I believe he can intervene and appeal to him to do so. He can, at least, discuss the issue with the council to find out what else it will do to support people with disabilities.

This is not a normal cut to funding. This 11% cut is not in line with the cut to the Arts Council. I see it as a slash and burn approach and yet again it is people with disabilities who are getting burned. Across all Departments, there seem to be serious cuts to services for people with disabilities. This is unjust and unacceptable. I know the Minister recognises this is wrong and I appeal to him once again to intervene on this important issue.

I remind the Deputy that the reduction in Arts Council funding was not 11%. It is 6.2%, and if we remove the figure included for the Irish Presidency, it is less than 5%. Since becoming Minister, I have managed the reduction in Arts Council funding as much as possible. The first year's reduction was just 3% and last year it was just 4%. The new Ignite programme and initiative aims to facilitate the creation of new work by professional artists with a disability. This initiative represents the largest investment ever in Ireland in the arts and disability sector. While the Arts Council may have discontinued the particular programme mentioned by the Deputy, I advise her to consider the Ignite programme and the fact it has been well resourced and funded. There may be opportunities in that for the people she represents. I agree with her that people with disabilities deserve as much special treatment as possible and suggest she looks at the Ignite programme to see if those she is representing can be supported by it.

Foreign Conflicts

As a spokesperson on foreign affairs for an Opposition party, I take this opportunity to strongly condemn the latest developments in Ukraine. President Yanukovych continues to abuse power against his people. The introduction of laws to prohibit any kind of demonstration against the government has directly deprived Ukrainians of their most basic civil rights. These provisions have resulted in the turmoil we are seeing on our television screens daily.

Yesterday, things took a darker turn and we witnessed the first fatalities in the ongoing protests taking place in Ukraine, as tensions between the government and opposition parties heighten further. Up to five people are reported to have been killed in Kiev. Media reports state these protestors died from gunshot wounds. This is a deeply upsetting and a regrettable turn of events. Even in the days of the pro-democracy Orange Revolution in 2004, no fatal violence was seen on the streets of the Ukrainian capital. Today, barricades are still burning in the city while billowing black smoke rises from the piles of tyres that now mark the front line between the riot police and the protesters.

I understand that Ukrainian opposition leaders are due to meet President Yanukovych today to seek out a compromise on the way forward. Unfortunately, agreement seems a faraway prospect.

The opposition threat to go on the attack unless concessions are made by President Yanukovych is unlikely to yield an agreement. The claims by the government that the protests are being led by ultra-nationalists and terrorists show how wide the divide between the two sides in this crisis has become.

The increasingly authoritarian style of the Ukrainian Government should be of great concern to all democrats who support the concept of basic human rights. The European Union has a responsibility to exert pressure on President Yanukovych to stop the implementation of dramatic new laws banning almost all forms of protest activity and the violent enforcement of these laws. The reports this week that the body of opposition activist Yuri Verbitsky had been found in woods outside Kiev and had signs of torture are deeply troubling. It is a wake-up call for all of us in the European Union. This crisis is on its doorstep and the Union is a central actor in the political crisis which has arisen. The anti-government protests flared up almost three months ago in late November over the President's decision to pull out of a landmark treaty to enhance political and economic co-operation with the European Union which must use its voice to support those in the Ukraine who support human rights, democracy and the rule of law. It must stand with those who believe in a better future for all in Ukraine.

I am glad that the Minister of State with responsibility for European affairs is here to respond. I request him, his colleagues in government and our officials in the European Union and other international organisations to use Ireland's voice and influence, particularly at the Foreign Affairs Council, to call for targeted sanctions against the Ukrainian authorities for the continuous abuse of human rights and the increasing violence being used against its citizens.

I thank the Deputy for raising this hugely important matter. It is one in which I have a very strong interest because I had the opportunity to attend the partnership summit in Vilnius at which the agreement to which he Deputy referred did not materialise. A number of weeks afterwards I attended the OSCE ministerial council in Kiev and saw at first hand the pressures in the country to which he referred. On the evening of the council I spent a number of hours on Independence Square speaking to people who expressed their huge disappointment at the government's decision not to sign an association agreement with the European Union. Since I was there three very important developments have taken place and the Deputy touched on at least one of them. The European Union made it very clear after the partnership summit that the door was open to a future agreement and finding a way of working with Ukraine. That is still the case. In the immediate aftermath of the meeting Ukraine signed a number of agreements with Russia to tighten integration.

The second development to which the Deputy directly alluded was the enactment of new laws which went through parliament on the status of groups in Ukraine. This also impacted on the right of assembly of groups and resulted in changes to the immunity granted to Members of the Ukrainian Parliament.

The third and most worrying development has occurred in recent days. It concerns the number of people who have lost their lives and the allegations of torture which have surfaced with regard to people who were protesting against the stance of the government.

I reiterate to the House Ireland's message on all of this: violence cannot be a solution to break the impasse. We send this message to everybody involved in the dispute in Ukraine. However, it is very clear that President Yanukovych and his government have a particular responsibility to ensure violence ends before we see a further escalation.

On the Deputy's point and question about Ireland's participation in this regard, the Tánaiste participated at the Foreign Affairs Council which took place on Monday, at which a very extensive discussion took place on the situation in Ukraine. The Council expressed its deep concern about the legislation which had been passed and called on the Ukrainian Government to reverse the measures taken and ensure they were brought into line with the country's European and international commitments. The Council also stated that the only way in which this crisis could be resolved was through a democratic solution and dialogue.

With regard to the actions of the Government today, members of the Department of Foreign Affairs and Trade met the Ukrainian ambassador to reiterate the views I have just expressed. We must call for the utmost restraint; there has to be an immediate end to violence; and serious talks must begin between the government and the opposition to find a peaceful solution to the crisis.

I thank the Minister of State for his detailed reply. He is obviously very well informed after his visit to the area and seeing at first hand what was happening on the streets of the Ukrainian capital. The mass demonstrations and protests began more than two months ago and directly resulted from the postponement by the president of an historic EU deal. Instead he opted for closer ties with Russia, creating huge instability and, unfortunately, violence and, sadly, the loss of life. What is the European Union doing to press for the release of the former Ukrainian Prime Minister Yulia Tymoshenko? If the Minister of State does not have up-to-date information on the matter, he can come back to me. Some time ago the European Union described her imprisonment as justice being applied selectively with political motivation. It is another issue in this country and region that we need to keep on the European Union's agenda and that of the international community.

To respond directly to the point made on justice being applied selectively, the European Union, through the Foreign Affairs Council, has put a huge amount of effort into dealing with the issue. The Deputy may be aware that a number of mediators were appointed by the Union, including Mr. Pat Cox, who invested a huge amount of time in travelling to Ukraine to deal with figures in the political sphere to find a solution. This did not happen and the wider crisis has escalated significantly. As I mentioned, I was on Independence Square and one could not help but be struck by the tens of thousands of people who were there in sub-zero conditions. I got there very late at night and saw the huge array of people waving Ukrainian and EU flags, which was a very striking sight. They were waving them as an expression of their hope for better days and better government for their country. We reiterate the need for restraint. The Government communicated this directly today via the Ukrainian ambassador, emphasising the particular responsibility of the Ukrainian Government in this regard.

Earlier, the EU external action service, which is the common diplomatic representative arm of the Union, stated it would send a delegation to Kiev to see what further role we can play in resolving this crisis.

Community Policing

I thank the Ceann Comhairle for selecting this issue. Everyone will be familiar with the coverage in the national press today of the remarks of Judge Anthony Halpin in Tallaght District Court regarding a breakdown of social order. During the sitting, he suggested that there is a necessity for the Civil Defence to become involved in policing the area. I reject that entirely. I am one of the almost 100,000 citizens who live in Tallaght and I can confirm no such situation exists. His remarks have incensed the local population and residents are furious about them for good reason. By implication, if he suggests that social order has broken down and proposes something that bypasses the existing policing framework, he has strayed too far.

The relationship between An Garda Síochána and the community I represent has been built over many years in a progressive and solid way, especially the community policing element of it. Tallaght is a largely working class area and it has the youngest population of any urban area in the State. I am on record requesting the judge to withdraw his remarks due to their insensitivity. He framed his remarks in court because of tragedies that have taken place. However, unfortunately, there have been terrible tragedies throughout the country since 1 January resulting in loss of life. To select an area where one incident had taken place and say that all social order has broken down is grossly unfair to the local community. It is regrettable that these comments insensitively disregarded An Garda Síochána, which enjoys the support of virtually all the population in Tallaght.

We are constantly reminded as legislators about the separation of powers and not to stray into areas overseen by the Judiciary. I agree it is no place for us as parliamentarians but, likewise, judges have a responsibility. In this case, the remarks were grossly insensitive and the House should record that Judge Halpin should withdraw them.

On behalf of the Minister for Justice and Equality, I thank the Deputy for raising this matter. The Minister regrets that he is unable to be present due to other business. He does not consider it appropriate to comment on remarks made by a member of the Judiciary, apparently during the course of court proceedings. Law enforcement policy is a matter for the Executive. Accordingly, I will curtail his comments to the general proposition that the assistance of the Civil Defence is required in respect of policing arrangements in Tallaght or any other part of the country. I appreciate the strength of the social order in Tallaght and in all parts of our country. The reason that has built up is the co-operation outlined by the Deputy between An Garda Síochána and local communities. I see this in my constituency through the operation of policing fora and the engagement between gardaí and residents associations and individual community members. This is the reason we are fortunate to have strong social order within local communities and the country as a whole during the difficult times we are enduring.

The underlying concern is the provision of effective policing, and the Minister for Justice and Equality shares the Deputy's desire that the most effective strategies to counter and prevent crime be pursued in Tallaght and elsewhere. In this regard, he is in ongoing contact with the Garda Commissioner, who assures him that the significant resources available to An Garda Síochána are effectively deployed to meet policing needs in the Tallaght area. I am sure the Deputy will be aware of these resources through his work but 174 members of the force are assigned to the Tallaght sub-district, supplemented by 14 members of the Garda Reserve and supported by 11 civilian staff.

Furthermore, the Garda national policing plan has a strong focus on active engagement with communities to support crime reduction and crime prevention. I experience this every day in my own constituency work and I am sure the Deputy has the same experience in his area. This strategic approach also guides local policing plans, which are tailored to the specific circumstances in each area. In this regard the Minister is advised that Garda figures for the year 2013 indicate a reduction of 11% in incidents of violent crime as well as a 22% reduction in public order offences in the Tallaght sub-district in comparison to the year 2012.

The Minister is, however, conscious of the serious concerns in the Tallaght area arising from two recent violent deaths. Both incidents are under active consideration, with all the necessary Garda resources devoted to these tasks and several charges have been brought in respect of one of the incidents. In the circumstances, it would not be appropriate for the Minister to comment further on the particular cases other than to encourage anyone with information to come forward.

The Minister does not accept the proposition that the assistance of the Civil Defence is required in respect of the policing arrangements in Tallaght or any other area. The role of the Civil Defence, as a volunteer-based organisation, is to support emergency services in incidents such as dealing with severe weather, flooding, major accidents, fire fighting and searching for missing people. Civil Defence members are trained and equipped accordingly and their role does not extend to policing or crime prevention matters. In light of this, the Minister considers that it would not be appropriate or effective to engage the Civil Defence in support of general measures to combat crime. An Garda Síochána, as the national police force, is the body with the appropriate authority, expertise and resources to combat and prevent crime and rightly has the widespread support of the community in Tallaght and elsewhere throughout the country to achieve that aim.

I thank the Minister for Justice and Equality and the Minister of State, Deputy Donohoe, for giving one of the most unambiguous replies I have heard from any Minister. The information provided is very helpful and clear in regard to the respective roles of the Minister for Justice and Equality and local representatives. Tallaght is a new town that has evolved over the past 40 years from a country village into a population centre of almost 100,000 residents. Present day Tallaght is effectively a city and I hope we will be able to achieve city status over the lifetime of this Government given that it is the third largest population centre in the country. I reiterate that the remarks by Judge Halpin are regrettable and should be withdrawn.

I will leave the Deputy's comments on the potential city status of Tallaght for another Minister to address. While my knowledge of the area is limited compared to the Deputy's I am aware of the considerable growth it has experienced and of the strength of its community. In respect to the substantive issue, the Minister is firmly of the view that policing is a matter for the appropriate organisation, namely, An Garda Síochána.

The Dáil adjourned at 5.35 p.m. until 10 a.m. on Friday, 24 January 2014.
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