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Dáil Éireann díospóireacht -
Thursday, 17 Apr 2014

Vol. 838 No. 3

Topical Issues

Regional Development

It is now clear that while we may be experiencing a recovery as an economy, we are not experiencing an evenly spread one. Dublin has outpaced all other areas when it comes to generating increased economic activity over the past few years, followed by Cork and Galway. Outside these and some other urban areas, people can see and feel the gulf that is getting wider. Their sense of a rising tide lifting some boats but not all is deepening. They wonder if the Government is doing anything about this economic phenomenon. They know it exists and is becoming more obvious as the weeks go on. The truth is that parts of the country are still in recession or, at best, stagnating economically while other parts recover and achieve elements of economic normality.

Last week, Teagasc published a report on the economic strength of rural towns. The upshot of the report was that rural towns have had a lower focus in national development strategies over the last decade and a half. What has happened over the last few years in particular is that, rightly, the focus has been on regaining our international reputation among outside investors. A good job has been done in that regard so far. However, the recovery has become unbalanced. Through no one's fault, annual investment into Ireland has gone exactly where it is needed least, namely Dublin, Cork and Galway. These are the three urban locations where 82% of foreign direct investment has ended up over the past 20 years.

When I read about the conversion of the NTMA controlled National Pensions Reserve Fund of €6.8 billion into a commercial investment fund to be matched by €6 billion to €7 billion in private investment, it suggested the obvious question of whether anyone had considered earmarking some of the money for the areas worst affected by the recession. The answer I am getting is a resounding "No". I asked the question of the Secretary General of the Department of Public Expenditure and Reform. His answer makes it crystal clear what the story is. He wrote to me that there is no regional angle or perspective to this. He indicated that as far as he was aware there had been no regional impact consideration. Mr. Watt went on to communicate something that really caught my attention. He said that when the Department examines Exchequer funding and our public private partnerships, it has regard to a spread from the political world in terms of which money is allocated. That means money is still being allocated not on the basis of need but on the basis of political influence.

As far as I can see, no account has been taken within Government as to where money has or has not gone in the past and where it should or should not go in future. It is a mistake the Government cannot afford to make. I am already hearing about Ministers telling county managers about money coming down the line from the sale of State assets through particular Departments. The Department of Finance should - and easily could - look at where the investment of State finances has gone in the past ten or 15 years, examine where the unemployment rates are lowest and consider a policy of domestic investment in those areas that need most assistance.

I am not sure if it is a good or bad thing that the Minister of State replying is from the Department of Finance given that he is running in the Dublin area in the European Parliament elections. I look forward to his response.

I thank Deputy Deasy for raising the important issues of how Ireland's strategic investment fund will be managed, its remit, its mandate and how it will deliver balanced development for our country. I note to the Deputy that I have a foot in both camps in this context as a Minister of State at the Department of Public Expenditure and Reform and at the Department of Finance. I wear both hats today.

In that case, the Minister of State is doubly responsible.

Establishing the strategic investment fund is a key component of the medium-term economic strategy published in conjunction with our exit from the EU-IMF programme. The stated objective of the plan is clear. It is to return the economy to full employment by 2020. The strategy recognises that an essential ingredient of economic success in job creation is the availability of financing and capital to allow existing companies to grow and new innovative companies to be formed. In the medium-term economic strategy, we have set out our ambition to develop a more diversified, competitive and responsive infrastructure which can finance growth across the economy. As the economy grows and demand increases, it is essential that well priced financing is available to support businesses to grow and develop. Developing alternative sources of finance for infrastructure projects and businesses across all sectors of the economy, including agriculture, construction and technology, is essential.

Building on the programme for Government commitment and the medium-term economic strategy, drafting of the National Treasury Management Agency (amendment) Bill is at a very advanced stage. Amongst other things, the Bill will establish the Ireland strategic investment fund, or ISIF, to make €6.8 billion from the National Pensions Reserve Fund available for commercial investment in Ireland to foster economic growth and employment. The National Pensions Reserve Fund was originally established to make investments globally with a view to pre-funding social welfare and public service pensions. While the need to provide for social welfare and public service pension obligations has not abated, fostering economic growth and employment is currently a greater priority. By creating jobs and growing the economy, the State will be in a better position to meet its long-term pension obligations. The legislation to establish the fund will be published shortly and I hope to see it become law by the middle of the year.

The fund will have a broad mandate to make commercial investment decisions that support economic activity and employment. While supporting economic growth and employment is clearly the end goal, the commercial nature of ISIF is an important part of its mandate for two reasons: it will magnify the impact of the resources of the fund by making it attractive to third party investors and it will allow ISIF to recycle its investments over time so as to be able to invest in new strategic priorities for the State.

The mandate for the fund will be set out in legislation and the NTMA will periodically consult with the Minister for Finance on ISIF's investment strategy and take into account the views of the Minister so the strategy is consistent with Government policy. The investment mandate will encompass a number of principles. It will be expected to earn a commercial rate of return and it will be designed to support the productive capacity of the economy. The investments should be capable of aligning the interests of various State actors, in particular with regard to energy, water and telecommunications. It will also have regard to Government policy and objectives, including sectoral policy, in making decisions on investments, and the investments should not have negative implications for the general Government balance or general Government debt.

An investment committee will be established which will have discretion to make investment, disposal and asset management decisions for all investments of ISIF, within the parameters and the investment strategy set out by the NTMA board, subject to the mandate of ISIF and having regard to Government policy objectives.

By most economic indicators, the US stimulus plan of 2009 was a success, so I took a look at how it was structured. It substantially cut taxes to families, but significantly it spread the money in almost every way throughout the 50 US states. Transportation and mass transit projects were begun, federal buildings were modernised throughout the US and there were projects dealing with water, weatherising homes, school buildings and broadband infrastructure in rural parts. It concentrated on helping small businesses with tax deductions, credits and loan guarantees wherever they existed throughout the US.

We have a stimulus package in Ireland, and it is structured in such a way that 90% of the €6.8 billion of State money, which the Minister of State mentioned, could end up going exclusively into the urban economy of Dublin and its surrounding counties. At the same time no one in the Departments of Finance or Public Expenditure and Reform is taking account of where other Exchequer funding and private investment is spent throughout the country. We know at least 80% of jobs created through IDA Ireland companies end up in three urban areas and locations and this trend is continuing.

If a portion of the strategic investment fund is not diverted or earmarked towards locations which need it most, the money from the sale of Bord Gáis and other State assets needs to be directed specifically to these areas which have not seen any substantial inward investment in the past ten or 15 years. If I were to describe the Government's policy or lack thereof, when it comes to regional economic disparities it is beginning to resemble a form of economic laissez-faire, letting it be and letting the natural world take its path. This is becoming unacceptable and a very dangerous political path for the Government. The Minister of State's response compounds exactly what I have suspected for some time. No thought has gone into these issues when it comes to the economic disparities which exist throughout the country.

To reply to my colleague and friend, it would be a disgraceful situation were it the case but it is not the case. To present the strategic investment fund as the only avenue of capital funding is also a gross distortion. To be frank, the existing capital programme, which is set from 2012 to 2016 and totals €17.5 billion, is significantly bigger than the €6.8 billion to which I referred in my remarks. The PPP projects, which we have got over the line because we are out of the bailout programme, are bundled throughout the country. For instance, the next school bundle of PPPs, which is all about Exchequer funding coming from different sources, will be established in places such as Galway, Wexford and Ballinamore-----

We are well aware of that. I am speaking about the investment fund.

The investment fund is one arm of capital investment but it is not by any stretch of the imagination the only one. The key issue on which Government policy is determined in making decisions is not on the basis of political priorities. It is on the basis of what will make the economy more competitive in the long run and what are the key things we need to do, from an infrastructural perspective, which will help a stronger recovery happen. Where this is located is secondary to the principal priority of making the economy more competitive.

The point must be made that if we get this decision right it will help economic growth in the long term. In the same way one could argue the roads projects over the course of the past decade have greatly helped access and transport routes throughout the country. Of course the Government is minded to take a holistic view when it comes to the economy and especially how these funding decisions are to be taken, but to present this as the only vehicle upon which capital infrastructure will be determined is a gross distortion of the facts, notwithstanding the need to have balanced regional development where it makes sense, where the economies of scale are right and where the economy can grow as a consequence of that spending decision.

Does Deputy McNamara wish to defer debate on his Topical Issue matter?

I understand the Minister is at the beef summit, which I greatly welcome, and so I will defer this Topical Issue. However I will return to it in the first week of the next term to see what results, if any, accrue from the summit.

Unfortunately, neither the Minister nor the Minister of State is available due to commitments outside the Dáil today. As such they have asked me to convey they would be very grateful if the Topical Issue could be deferred until the next time the Dáil sits, which is scheduled to be 30 April 2014.

I am very happy to defer it until then. It is difficult to see how real progress can be made until live shipping is facilitated because at present processors are increasing their capabilities to produce beef and thereby are manipulating the markets.

Special Educational Needs Service Provision

I am happy the Minister of State, Deputy McGinley, is in the House.

I reserve the right to return to this issue at some stage in the future when the Minister for Education and Skills can be present.

I must declare a personal interest in this issue on the provision of autism spectrum disorders units and special education units in post-primary schools throughout the country because I am the chairman of the board of management of a particular school which has been the subject of section 29 appeals in recent times. My experience is based on this and my constituency work through which, like the Minister of State, I see the variety of challenges which arise for parents of children with special educational needs as they seek placements at primary and post-primary level for their children.

Great progress has been made, particularly since the Sinnott case in 2000, in terms of provision at primary level. It would appear we are very slow to get around to making the necessary provision at post-primary level. Recently, I tabled a parliamentary question to the Minister for Education and Skills asking what strategic plan the Department has for the provision of second level places. I must say I was alarmed at the response because it indicated a complete lack of a strategic plan and a rather ad hoc approach to the provision, operating on the basis of responding to demand which might exist or arise from particular schools.

While many schools do superb work in making provision for children with special educational needs, it is also a reality that many schools will adopt the approach of letting this chalice pass from them and letting somebody else make the provision.

I was appalled to find that the NCSE, and through it the Department of Education and Skills, are not at all proactive in identifying schools in areas where such provision should be provided. I was appalled to discover the reality that special educational needs organisers often direct students to areas outside their catchment areas where provision has been made and is available. In the years ahead, the inevitable consequence of that will be that students will pass each other on the road as they travel away from their local communities, their siblings and the students they attended primary school with to access education.

This is neither practical nor sustainable. It is not good from an environmental point of view. It is certainly not good in terms of the educational well-being and the overall well-being of our students. The NCSE needs to be proactive in encouraging post-primary schools in significant centres of population to provide ASD units and other special education units. It needs to look at the areas where primary level provision has been made and ensure natural progression from primary level to post-primary level can be made. It should cease the simple ad hoc approach of directing students well out of their catchment areas to areas where availability may exist in the short term, but where the best interests of those students will not ultimately be served.

I am responding to this Topical Issue on behalf of my colleague, the Minister for Education and Skills, Deputy Quinn. I thank Deputy Ó Fearghaíl for raising this issue and thereby giving me an opportunity to clarify the position in respect of this matter. As he will be aware, this Government is committed to ensuring all children with special educational needs, including those with autism, can access an education appropriate to their needs, preferably in school settings through the primary and post-primary school network. Such placements facilitate access to individualised education programmes, which may draw from a range of appropriate educational interventions delivered by fully qualified professional teachers with the support of special needs assistants and the appropriate school curriculum.

The Deputy will be aware that the National Council for Special Education, NCSE, is responsible through its network of local special educational needs organisers for allocating resource teachers and special needs assistants to schools to support students with special educational needs, including autism. It is the role of the NCSE to make appropriate arrangements to establish special classes in schools in communities where the need for such classes has been identified. It is also required to consider and manage applications from schools to establish special classes for students with autism, including the establishment of special classes in various geographical areas as required. Special classes in mainstream schools are intended for children who, by virtue of their level of special educational need, cannot reasonably be educated in a mainstream class setting but can still attend their local school in a special class with a lower pupil teacher ratio and special needs assistant support.

At the end of 2013, the total number of special classes for children with special educational needs, including autism, in mainstream schools was 516, of which 171 were in post-primary schools. The NCSE has advised the Department that it is planning, through its local network of special educational needs organisers, to establish a number of new special classes for the coming school year. Special educational needs organisers have been working with local schools on a national basis over the past number of months to plan and establish special classes for children with special educational needs who require such placements for 2014-15. This work is ongoing in some counties. Special educational needs organisers continue to liaise and work with schools to meet the demand for such placements at local level.

The Minister of State's response is an indication of the level of difficulty we have. He said that the NCSE "is responsible through its network of local special educational needs organisers" for processing applications from primary and post-primary schools for special educational supports, "including the establishment of special classes". In other words, it would appear that the NCSE is responding to demand from schools. There is a significant difference between the demand from a school establishment and the demand that arises because a number of children in a particular area require a service.

The Minister of State went on to say that "special educational needs organisers have been working with local schools on a national basis over the past number of months to plan and establish special classes for children with special educational needs who require such placements for 2014-15". The reality is that if a post-primary school requires space within which to accommodate such classes in the 2014-15 year, it was far too late to start the planning process "over the past number of months". What were the special educational needs organisers doing over the last number of years, when this real demand was growing and could have been quantified?

The Minister of State also said that planning work "is ongoing in some counties" and that "special educational needs organisers continue to liaise and work with schools". If it happening in "some counties", that means it is not happening in other counties. One of the most significant complaints made by parents of children with special educational needs relates to the absolute inconsistency of provision. One's provision depends on where one lives in the country. If one is in County Donegal one might get a service, but if one is in County Leitrim one might not. If one is in County Kildare one might get a service, but if one is in County Laois one might not. Those sorts of circumstances are not good enough in this day and age. I know the Minister of State would not be satisfied with that type of approach.

Last year, the Minister, Deputy Quinn, asked the NCSE to prepare policy advice on the education of children with autism. The purpose of this ongoing process is to identify the nature and extent of educational interventions, teaching practices and other supports which should be provided to enable children with autism to achieve educational outcomes appropriate to their needs and abilities. The NCSE policy advice, which will be delivered in the spring of 2015, will draw upon findings gathered from an extensive consultation process with parents, schools, professional service providers and other stakeholders. This process has already commenced. The advice will also draw upon new research commissioned by the NCSE for this purpose, as well as any other research which will be available and which the NCSE considers meritorious of consideration.

I would encourage all interested parties to contribute to the consultation process that is taking place as part of the preparation of the policy advice. The Minister, Deputy Quinn, expects that the NCSE's final report will reflect the broadest possible range of views and provide recommendations which will assist the development of policy for future years. As a former teacher, I understand the concerns that can be generated among parents and communities when services are not readily available. It was made clear in my initial reply that the Minister is acutely aware of the situation. Steps are afoot to have a comprehensive picture presented early in 2015. We will see what will happen after that.

Special Educational Needs Data

I warmly thank the Minister of State, Deputy McGinley, for coming to the Chamber to deal with this matter on the afternoon of Holy Thursday. As he is well aware, the Howth Peninsula has been a favourite walking location for visitors and residents alike for many centuries. Well over 500,000 people from across Dublin and the whole mid-Leinster region, and indeed from abroad, visit the peninsula and the town of Howth every year. Just this morning, hundreds of very welcome visitors arrived to enjoy the amenities of the town and the peninsula. Many walkers traverse the old tram line, the historic loop walkway and the rights of way across the east and west mountains on the Howth Peninsula every year. They enjoy its unique flora and fauna and the spectacular views across Dublin Bay and Baldoyle Bay.

In 1996 or 1997, in response to a public-spirited campaign led by Jean Finn, the people of Howth and an organisation called Howth-Sutton 2000, which I strongly supported, the then Minister for the Environment, Deputy Howlin, ordered Fingal County Council to designate the amenity lands of Howth as a special amenity area.

I have strongly supported the efforts of community leaders on this matter over the years, including Kevin Rickard, David Caulfield, Brendan Keegan, Pat Hennessy, Helen Gilmore and Caoimhghín Ó Laoi, to preserve and maintain the magnificent walkways of Howth Peninsula. They have been strongly assisted by local Councillor Cian O'Callaghan and former Councillor David Healy.

Astonishingly, in recent years, new residents on the East Mountain have attempted to close off completely a major right of way by erecting a gate across it, fencing off some of the amenity lands and introducing changes into the fauna of the area. The walkway under threat is part of the historic loop walkway linking the Howth Summit and the Upper Cliff Road walkways to the lower cliff path near Casana Rock. It passes the entrance to Heather Cottage, the construction of which by the developer, Treasury Holdings, was opposed by the people of Howth in the mid-1990s. They saw it as the first step by the developer to privatise the East Mountain amenity lands and walkways and fill them in with concrete.

The loop walkway, which is being illegally blocked, is a primary walkway and right of way from time out of mind and is on all of the oldest Howth maps, including those used for decades by campaigners for the Howth environment. A recent public meeting on the matter confirmed the widespread local view that Fingal County Council has failed in its duty to invigilate all aspects of the special amenity area order, SAAO, which is now approaching its 20th anniversary. Indeed, it was a referral to An Bord Pleanála by environmental activists which established that the erection of a gate on the loop walkway near Heather Cottage is not an exempted development under section 5(3)(a) of the Planning and Development Act 2000.

Howth residents and visitors want to know why Fingal County Council did not order the immediate removal of the illegal gate, fencing, surface stones and fauna, and address the other violations of the Howth SAAO at this location, when these illegal and unauthorised changes were first made, and why the An Bord Pleanála decision has not been strictly enforced. They also want to know why the council lodged an application with An Bord Pleanála in August 2013 seeking further clarification of its decision, reference RL 3131, which clearly showed the erection of this large gate structure is not an exempted development. My constituents fear that this outrageous attempt to destroy an historic right of way in Howth may well be a prelude to landowners like Allenspark and Treasury Holdings alienating the amenity lands of Howth and turning the East Mountain - indeed, the entire peninsula - into a gated fortress something like Cap Ferrat on the French Riviera, reserved only for the very rich.

Some time ago, I proposed to the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan, that the Howth Peninsula be added to the list of unique Irish locations to be designated as UNESCO world heritage sites. There is a strong case for such designation given the incredible beauty of Howth, its closeness to the centre of our capital city, its unique flora and fauna from its near island location, and its extraordinary history. When the first settlers arrived in Ireland 7,000 to 9,000 years ago, after the last Ice Age, they chose the Howth Peninsula for one of their first settlements. That historic background and unique environment should persuade Fingal County Council, working with our terrific environmental community leaders in Howth and Sutton, to make a strong case for Howth and its environment. First and foremost, however, we want the council and its new manager, Mr. Paul Reid, to enforce the special amenity area order without fear or favour.

I thank Deputy Broughan for raising this important matter. Section 202 of the Planning and Development Act 2000 provides that a planning authority can decide to make an order declaring a specified area to be an area of special amenity for reasons of its outstanding beauty or special recreational value, having regard to any benefits for nature conservation as well as for the purposes of preventing or limiting development in the area. The making of a special amenity area order is a reserved function of the elected members of a local authority. However, the Minister for the Environment, Community and Local Government may, if he or she considers it necessary, direct a planning authority to make an order declaring a specified area to be an area of special amenity for reasons of its outstanding beauty or special recreational value and having regard to any benefits for nature conservation. All special amenity area orders made by a planning authority, whether on the initiative of the authority or on foot of a direction by the Minister, require confirmation by An Bord Pleanála under section 203 of the 2000 Act before they can come into effect.

The Fingal County Council special amenity area order in respect of Howth was made in 1999 and confirmed on 16 May 2000 with no conditions attached. It designates an extensive area of the Howth Peninsula as an area of special amenity in order to preserve and enhance the character and special features of the area, including its historic walkways and unique wilderness, on the basis of its outstanding natural beauty, special recreational value and a need for nature conservation. The order provided the framework for a management programme by the council for the preservation and enhancement of the character or special features of the area and for the preservation and limitation of development. The order also enabled the council to make conservation orders to protect specific flora and fauna of special amenity value or special interest where this is considered appropriate.

The Howth special area amenity management committee comprises five councillors from the Howth-Malahide area as well as representatives of residents, the commercial sector and the administrative division of Fingal County Council. The committee meets quarterly to oversee the operation of the Howth amenity area. If it is considered that additional local measures are needed to strengthen the protected status of the local amenities further, the management committee or any other local stakeholders may make proposals for the Howth special amenity area order to be reviewed. Given that the amenity area is managed under local arrangements, it would be appropriate for any such proposal to be considered by Fingal County Council in the first instance.

I thank the Minister of State for his response and his comments regarding the implementation and enforcement of the special amenity area order. As I have outlined, the key problem has been a lack of enforcement of that order on the part of Fingal County Council. There has been a dereliction of duty on the part of the council, particularly in recent years, in respect of these illegal fixtures on the East Mountain. I accept that this is an issue for the council to address but, from a national point of view, will the Minister of State indicate what level of consultation and invigilation takes place on the part of his Department, working with local authorities, to ensure heritage sites and areas of natural and ecological importance are adequately protected? My constituents simply want the will of the people, as expressed in the SAAO and through the Minister for the Environment, Community and Local Government and this House, to be enforced.

I am interested to know the level of monitoring by the Minister of State's Department and the Department of the Environment, Community and Local Government in respect of all heritage designations and conservation designations, including SAAOs. Do local authorities report regularly to either or both Departments on potential infringements and the actions they have taken to deal with them through the Garda, courts or whatever is necessary? People in Howth want the illegal gate, fencing and stone surfaces on the East Mountain to be removed and the changes to the fauna and landscape to be addressed forthwith. Many thousands of my constituents are desperately upset at the illegal attempt to destroy the historic right of way at Heather Cottage.

As I said, Fingal County Council has a new manager, Mr. Paul Reid, whom I understand has come from the Department of Public Expenditure and Reform. I urge him to address this serious attack on the integrity of the SAAO immediately. I ask the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, to hold Mr. Reid and his council to account on this matter. I understand the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan, and the Minister of State, Deputy Dinny McGinley, have been drawing up a list of locations such as the Burren and other beautiful areas around the country, from Donegal to Kerry and the midlands, which might be designated as UNESCO world heritage sites. I am of the view that Howth should be added to that list.

As already indicated, the purpose of the 1999 order was to designate a large part of Howth Peninsula as an area of special amenity in order to preserve and enhance the character and special features of the area. The Fingal county development plan 2011 to 2017 recognises Howth as one of the great natural assets of the greater Dublin area, in that it has a rich natural, built and cultural heritage. The development plan commits the Fingal County Council to ensuring that the area is protected and enhanced and that enjoyment by the public is facilitated. To this end, it includes objectives to protect and enhance the character, heritage and amenities of the Howth special amenity area in accordance with the order; protect the heritage and landscape of Howth while facilitating enjoyment by the public; implement the management plan for the special amenity area and review it, as necessary, in consultation with all relevant stakeholders; and investigate the establishment of a landscape conservation authority in the county.

The development plan objectives, in conjunction with those relating to the special amenity order, provide a significant degree of protection to the Howth Peninsula with a view to ensuring the conservation and preservation of this sensitive and scenic area. Any local proposals to strengthen the protected status of the amenities in the area may be submitted to Fingal County Council or my colleague, the Minister for the Environment, Community and Local Government, for consideration. As already stated, however, the making of a special amenity area order is a reserved function of the planning authority and would require to be confirmed by An Bord Pleanála.

I have listened to the Deputy's impassioned plea and I assure him that his comments will be conveyed to both Ministers and their Departments. The additional information requested will be forwarded to him.

I take this opportunity to wish everyone a happy Easter. Cáisc faoi shéan agus faoi mhaise daoibh.

The Dáil adjourned at 4.30 p.m. until 2.30 p.m. on Wednesday, 30 April 2014.
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