Topical Issue Debate

Accident and Emergency Services Provision

Deputy Brendan Smith

I appreciate the Ceann Comhairle giving me the opportunity to raise this issue. I am also appreciative of the Minister's attendance to deal with it.

A new accident and emergency department is needed at Cavan General Hospital. I understand HSE officials have assessed the department's facilities and that they have been deemed inadequate, lacking the appropriate accommodation for the patient numbers currently attending, as well as to meet the requirements of patients and staff. Next month marks the 25th anniversary of the opening of Cavan General Hospital and at the time the numbers of patients presenting at the emergency department were considerably lower. The importance of the facility to the people of Cavan and Monaghan is evident when one considers that in 2013, 40,000 patients were checked in at reception in the emergency department, with just over 30,000 being treated in the department. The remaining patients were treated at the paediatric assessment unit and the acute medical assessment unit. These units were developed in the past five to six years. I am sure the range of new facilities required has been well documented to the HSE and the Department. I sought this Topical Issue debate in the hope some urgency would be afforded to these discussions.

I understand the areas requiring attention include the provision of appropriate resuscitation and isolation facilities and more examination cubicles. The layout of the emergency department is not suitable, which naturally imposes additional burdens on staff and patients. I understand a minor operating theatre and three to four cubicles in which minor injury patients could be seen by advanced nurse practitioners and junior doctors would enhance considerably the workings of the emergency department. The information technology system requires updating and triage cubicles of appropriate dimensions are also required. I am sure we all wish to see specific waiting accommodation and treatment facilities for children.

I outline these requirements in the context of the success of Cavan General Hospital and take the opportunity to compliment the staff in all disciplines in the hospital for their commitment, diligence and professionalism. I know that the manager of the hospital, Ms Bridget Clarke, works extremely hard and diligently, giving great leadership in challenging times. As the Minister knows, Cavan Monaghan Hospital operates as a single acute hospital, based on two hospital sites, catering for a population of 133,566 people. These figures from the 2011 census represent a population increase of 11.31% on the 2006 census figure, with Cavan seeing the third highest population increase recorded in the 2011 census, closely behind Fingal and County Laois. This welcome increase in population creates an extra demand on health facilities and, in the context of health service delivery, the 2011 census indicated that there were 15,847 persons aged over 65 years and 4,157 aged over 80 in Cavan and Monaghan. This age profile is much higher than the national average for these age cohorts, which imposes additional demands on local hospitals and in the delivery of health services in general.

Minister for Health (Deputy James Reilly)

I thank the Deputy for raising this important issue. As he knows, I visited Cavan General Hospital not long ago as we met at the time. From January to the start of April this year there were just 195 patients waiting on trolleys at the hospital, whereas in 2011, during the same period, there were 1,825 patients waiting on trolleys. This is a decrease of almost 89.3% on the number who must endure long waits on trolleys at the hospital. I congratulate the staff for their great efforts in achieving this improvement.

An acute medical assessment unit, AMAU, was officially opened at Cavan General Hospital on 11 April. The introduction of this unit, alongside the emergency department, benefits patients by allowing for their assessment in a much more timely fashion. From the patients' perspective, attending the AMAU reduces their waiting time and means a senior doctor can make a prompt clinical decision on whether a patient needs to be admitted. A decision on discharge or admission is facilitated by radiology, laboratory and other dedicated services, including nursing, therapy professionals and medical social workers. If admission is required, the patient will be admitted to the most appropriate area of the hospital. If admission can be avoided, the patient will have access to appropriate and timely outpatient follow-up care.

As well as the AMAU, a separate paediatric assessment unit, as mentioned by the Deputy, was introduced in the hospital in July 2011. An outpatient facility for paediatric cystic fibrosis patients opened in April and I was pleased to attend at the time. Development work has been undertaken in respect of the short stay and day wards and the minor injuries unit in Monaghan also assists in ensuring only cases which genuinely require emergency care are directed to the emergency department in Cavan. The Deputy knows that the hospital in Cavan is not just a single hospital operating on two sites.

It is now part of the Dublin North East group and has a very bright future within that.

This development has significantly improved patient experience and reduced wait times in both the acute medical assessment unit and the emergency department, ED, with a daily average of two patients waiting for admission, and these waits being less than nine hours. I am determined to see that this good practice and organisation, which has been put in place in Cavan and resulted in such great ED improvements in recent years, will be repeated in other hospitals and lead to further improvements in EDs across the country.

I am conscious that the infrastructure of the ED in Cavan General Hospital is now 25 years old, and that the number of presentations has grown by around 33% from 2011 to 2013, with an average of 80 presentations each day. In many of our hospitals, the physical structures which were acceptable at the time of construction were not future proofed. When judged against recently developed guidelines, such as the Children First guidelines or the standards defined in the emergency medicine programme, they cannot meet the more stringent standards that have developed in their lifetime. Despite constrained resources, we try to ensure that essential service developments are undertaken. Since 2011, Cavan has seen the expansion of its renal dialysis unit, the development of the paediatric assessment, short-stay and stroke units and the expansion in 2010 of the ED. As resources allow and service needs are determined and prioritised, such developments will continue in the future.

Deputy Brendan Smith

I thank the Minister for his reply.

He rightly states that he officially opened the relocated medical assessment unit some weeks ago and the unit in its original location has been extremely successful. Similarly, the paediatric assessment unit eases the pressures on the ED. Between 2000 and 2011, Cavan General Hospital received major capital investment, which has resulted in new facilities and services. Some of the additional facilities provided during that period include a special care baby unit, additional bed capacity - more than 21 beds, I think - MRI units, a CT scanner, other diagnostic facilities, major expansion of the renal dialysis unit, an upgrade to a very high standard of the intensive care unit, the provision of oncology services linking with the Mater hospital which is very welcome, improved psychiatric services and resources for inpatients, and investment in other facilities. The hospital cares for substantially more patients with differing medical needs. Thankfully, today, patients can be treated in Cavan who in the past had to access those services in Dublin or outside our region. We sincerely appreciate those developments in oncology and nephrology, which have been spectacularly successful.

In general, where a hospital’s overall capacity expands, that indirectly places more demands on the ED. In layman’s terms, the hospital is busier and the need for additional new build facilities is an endorsement of the hospital’s work. I am realistic enough to know these facilities will not be developed overnight but we want them in the pipeline so that they will be put in place in a few years’ time.

I take this opportunity to thank the staff who work in EDs. I have had very little reason to attend an ED for care but the staff work under very difficult circumstances and I appreciate their commitment and diligence.

Deputy James Reilly

I thank the Deputy. He has outlined the considerable improvements in Cavan General Hospital, including the expansion of the renal dialysis unit from ten to 18 stations in 2011, thus enabling patients to access dialysis locally instead of having to travel to Dublin three times a week. The paediatric assessment unit opened in July 2011, with 5,000 patients assessed and treated in a dedicated facility by a dedicated paediatric staff instead of being seen in the ED. The was also the infrastructural expansion of the ED in 2010, the genitourinary medicine clinic developed in Monaghan Hospital, supported by Co-operation and Working Together, CAWT, and the development of the stroke unit. The care of stroke in this country has been transformed in the past 18 months through the clinical programmes and I congratulate everybody involved. It now means that we are either saving a life or preventing somebody from going to into long-term care every single day. We have gone from the bottom of the league in Europe for use of thrombolysis, the clot-busting drug, to the very top in a short period. That is a real credit to all concerned.

I congratulate the staff in the ED too and I am not being smart when I say that I congratulate everybody in the hospital because the ED operates only if the whole hospital operates properly and people can be admitted quickly when they need to be admitted and not left languishing in the ED. That requires great co-operation from the staff up the house as well. It also requires proper integration with community services so that people can get into long-term care when they need it, or get the home care package they need. Nobody wants to go into long-term care before they really need to. The cystic fibrosis area developed in the outpatient suite is a huge boon too because it means that patients do not have to worry about cross-infection. Cavan General Hospital has done a fantastic job of delivering quality care across an increased range of services and while the fabric is 25 years old and we would like to modernise it, the most important point is that patients today receive a safe, efficient service from very dedicated professionals.

Special Educational Needs Staffing

Deputy Mick Wallace

I thank the Ceann Comhairle for selecting this issue for debate. The Minister of State at the Department of Education and Skills, Deputy Ciarán Cannon, knows that the role of special needs assistants, SNAs, has evolved over the years. They play an extremely important part in the daily lives of children with special educational needs. The circular issued by the Department in April is trying to discourage this and ignore the day-to-day reality of how schools operate. It emphasises that a child with special educational needs is not automatically entitled to an SNA and that the scheme is aimed at children with “significant additional care needs”. The circular states that it should not be assumed that children who have special educational needs or a disability require the support of an SNA, and that, while professional reports provide an integral part of determining the extent of supports required for special needs pupils, health staff within the HSE have been instructed not to recommend references or the quantity of educational resources in their reports. The overall responsibility for the support and progress for pupils with behaviour-related care needs now lies with the classroom teacher. In addition, post-primary pupils will only be allocated SNA support in the case of chronic and serious need.

A Wexford mother, Jane Johnstone, who has two children with autism in Scoil Mhuire in Wexford and who is a long-time campaigner for the rights of those with disabilities, told me that the circular will have negative implications for children with special needs and the general population of children within our educational system. The SNA supports children with special needs to develop independent living skills, allowing them to grow to become as independent as their disability allows and provide access to our mainstream communities by supporting them to become the best they can be. Every child has the right to grow to his or her potential. It is unthinkable that Government policy would hinder rather than support progress in order to redress an ongoing economic crisis in which our children played no part.

Deputy Colm Keaveney

I acknowledge the presence of the Minister of State. He was passionate about this area prior to having the honour of being elected to this House. I am confident he is familiar with the details of a report which reveals the number of children being left behind within the system. Schools have been forced to implement ad hoc arrangements for children who need adequate supports, particularly resource teaching hours.

The report presented evidence of a growing crisis in the system. It referred to successive cuts, deteriorating staffing ratios, shrinking resources, unqualified staff and cuts to essential one-to-one interventions, and concluded that the SEN population is growing with no corresponding increase in resources. I am particularly disturbed by the report's conclusions about the current system, which perhaps unintentionally discriminates against children from poorer backgrounds, particularly those in DEIS schools. The report states that students with special educational needs in DEIS schools mostly come from chaotic families. When a child has attention deficit hyperactivity disorder, for example, he or she will only get access to resources when receiving child and adolescent mental health services and can show evidence of an ongoing treatment plan. Poorer families do not co-operate with these services as fully as they might and thus when a school applies for resources, it is turned down. The rules are far too strict for families in DEIS schools. I appeal to the Minister of State to examine this issue, about which I know he is passionate.

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon)

I am pleased to be able to outline the position regarding the circular which has recently been issued to schools in respect of the special needs assistant, SNA, scheme and the provision of resource teaching support for children with special educational needs. This Government has passionately defended the provision for special educational spending since coming into office three years ago. It is an area of spending which has been prioritised above all other areas by this Government, despite the enormous pressures on all areas of public spending. Some €1.3 billion will be spent in support of children with special educational needs this year. This level of investment represents approximately 15% of the entire educational spend of the Department of Education and Skills, which is €8.3 billion. There are a greater number of SNAs and resource teachers in schools now than at any time previously.

In December 2013, the Government announced it was increasing the number of SNAs available for allocation to schools to reflect demographic growth and increased demand for SNA support. The previous provision of 10,575 SNA posts has been increased by 390 posts to 10,965 posts being made available for allocation up to the end of 2014. This will bring to almost 11,000 the number of SNA posts available to work with children who have an assessed care need requiring SNA support in primary, post-primary and special schools. These extra posts will ensure that the Government's policy of ensuring that every child who is assessed as needing SNA support will receive access to such support.

A value for money and policy review of the SNA scheme and National Council for Special Education's policy advice on supporting children with special educational needs in schools both concluded that the intended purpose of the SNA scheme was not always generally well understood by parents or schools and that the scope and purpose of the scheme should be clarified for schools. In accordance with the recommendations contained in these reports, my Department recently issued a new circular to schools in respect of the SNA scheme, which clarifies the scope and purpose of the scheme. The circular restates the Department's policy on the SNA scheme and clarifies the care nature of the SNA role. It details the type of significant care needs for which SNA support will normally be provided. The purpose of this circular is not to reduce the number of SNA posts allocated to pupils who require such support, as is evidenced by the fact that the number of posts being allocated has increased. Rather, its purpose is to provide information and guidance to schools in relation to the criteria and operation of the scheme.

An additional 480 resource teaching posts have also been made available for the current school year in order to meet growing demand from schools for low incidence special educational needs support. This brings to over 10,700 the number of resource teaching and learning support teachers in mainstream schools, which is more than at any time previously and compares favourably with 10,305 posts for the 2012-13 school year and 9,950 posts for the 2011-12 year. These increases in teaching and SNA posts should be seen in the context of requirements for the Government to make expenditure reductions across a range of areas and is reflective of this Government's commitment to providing resources to support children with special educational needs in schools.

Deputy Mick Wallace

I recognise that the supply of money is not unlimited. The Minister of State has indicated that the level of funding has been maintained but the survey published by the joint managerial body, JMB, contains shocking figures. The JMB reported that the 15% cut in supports for pupils with special educational needs since 2010 is affecting the quality of education for children. Parents with whom I have spoken expressed fears about the circular. They are concerned about the prospect that SNA allocations will be considered only after schools have implemented disciplinary proceedings because most of the children concerned do not have sufficient understanding of the rules. When children present with challenging behaviour, it is usually due to one of two reasons; either they cannot communicate their needs or they are overly stimulated and are unable to cope with their environments due to sensory processing disabilities. To implement disciplinary action on a child with a disability or autism is, therefore, effectively punishing him or her for having a disability. The funds may have been maintained but the increase in numbers means more children are not being cared for adequately and are not being granted their constitutional right to an education.

Deputy Colm Keaveney

I thank the Minister of State for his factual and selective presentation. However, the report presents alarming information. It states that poorer families are not normally in a position to co-operate with these services and, as a consequence, when the school applies for support without the correct data, it is turned down. It found that the rules built into the scheme, particularly in respect of DEIS schools, are too rigid. The report is somewhat soul destroying in this regard. When I checked the hours allocated to schools in more affluent areas, I was disturbed to find that a high level of extra hours were given to parents in these areas relative to DEIS areas. I recognise that the challenges differ for people living in the different parts of this country but the presence of a DEIS school in a community is an indication that issues of poverty exist. Given the failure identified in the report in respect of adequate engagement to secure better outcomes for children, I ask the Minister of State to outline how he proposes to address that challenge.

Deputy Ciarán Cannon

I gave a factual response because I like to deal in facts rather than conjecture. The fact is that the number of posts have increased significantly and there are now more SNA and resource teaching posts available to families with special educational needs than at any time in the past. In regard to supporting children with special needs in developing a degree of independence that is commensurate with whatever disability they have to endure, significant research is emerging which indicates that the availability of constant supervision and support from an adult in a mainstream school environment can hinder their progress. It can be counterproductive to provide an enhanced special needs assistance to certain children because it hampers their journey towards independence.

If, as Deputy Keaveney suggests, there is hard evidence backed up by research that families in less affluent areas are facing difficulties in accessing SNA support and resource teaching support, I would be interested in examining it with a view to putting in place other supports in those environments that would allow parents to access the services their children deserve.

Deputy Colm Keaveney

It is privately assessed. Some parents are paying for the assessment privately.

Deputy Ciarán Cannon

In May 2013, the National Council for Special Education recommended the development of a new model for the allocation of those additional teaching resources to mainstream schools based on the profiled need of each school, which breaks the direct link between the allocation of additional resources and the diagnosis of disability. The NCSE concluded that the current support allocation model does not provide all children with equal access to educational supports. It is proposed that a new model should be developed for the allocation of resources whereby a quantum of additional special educational needs resource teaching support would be allocated to schools based on the profiled need of each school. I feel that would go a long way towards addressing some of the concerns the Deputies have raised. On foot of that advice the Minister, Deputy Quinn, has asked the NCSE to establish a working group to propose a new allocation model to reflect those challenges. I expect that report to be available to the Minister quite soon.

Water Meters Installation

Deputy Brian Stanley

I thank the Ceann Comhairle for taking this issue. There is considerable work going on in installing meters throughout the State. Unfortunately they are not fixing leaks but digging up footpaths to install meters. The work is causing considerable disruption to parking and traffic management particularly where streets are narrow. Streets are effectively closed for days as a result. People who are carrying out renovations or extensions to their houses are being seriously put out by this as are the contractors working for them, disabled people and people working night shifts. The Minister of State will say that they get a fortnight's notice. There are reports that people are claiming they are not getting notice. I am asking for a month's notice.

On a related issue, the installation of meters is resulting in other disruption. Damage is being caused in certain cases to water infrastructure. When I first raised the issue in February when the installation programme was in its early stages, Dublin City Council alone had spent €136,000 repairing leaks caused by the installation of meters. Who checks the meter for leaks? Have leaks been caused on either side of it? If it is the contractor, in many cases it is clear they have gone away and left the leak there. More importantly, who pays the Bill? At that stage the Department of the Environment, Community and Local Government had paid €89,000 of the €136,000 bill. Presumably the city council picked up the remainder of it. However, the Department was very clear that it would no longer foot the bill. While we had been given to understand that Irish Water or the contractor would be responsible, it now appears this is not the case.

In February I estimated that if the level of leaks caused in Dublin were replicated across the country - meters are now being installed in Portlaoise and other towns in County Laois - the final bill would be in the region of €20 million to fix the leaks caused during installation. Does the Minister of State have any more up-to-date information on this?

New meters fitted in recent years in housing estates are being pulled out. While there may be an argument for taking out the meter, which looks identical to the one being fitted, the meter box is also being taken out. This means it is being claimed that the meter box was not the right size or up to the required standard. Because that has to be ripped out, a section of the footpath needs to be excavated and reinstated. I can see problems with this reinstatement because when a road or footpath is reinstated it looks lovely for about a year, but local authorities will have significant bills in about ten years because there will be footpaths with sections of subsidence all along them. They are being excavated and reinstated within a very short period of time and unless a very good job is done there will be subsidence.

Will people be given one month's notice? Will the contractors be responsible for the leaks, particularly the ones on the house side of the meters? We must not forget that the householders will pay the bill for any water that leaks out at that point. Do we have up-to-date figures for the cost of the leaks caused?

Minister of State at the Department of the Environment, Community and Local Government (Deputy Fergus O'Dowd)

I thank the Deputy for raising the issue. The topic the Deputy raised was the lack of notification to householders prior to installation of water meters and that is what is addressed in my prepared reply. The questions the Deputy raised are not part of that. I will be very happy to ask Irish Water to reply directly to the Deputy on the statistics and the process.

As the Deputy will be aware Irish Water is responsible for the metering programme which commenced in July 2013 with the aim of installing over 1 million meters by the end of 2016. More than 1,000 people are working on installing meters, comprising plumbers, general workmen, supervisory staff and so on.

Customer support arrangements are in place, including a communications campaign and the establishment of a customer contact centre. There should also be contact with each Oireachtas Member. Irish Water undertook that each Oireachtas Member would be contacted as would each local authority member so that they have full access to information about what was going on in their area, particularly if there are problems such as those the Deputy has identified.

Irish Water made a commitment to provide households with information on what it is doing. This information includes details on what to expect before, during and immediately after the installation. Irish Water has confirmed to the Department that it is meeting this commitment. Clearly the Deputy's evidence is entirely contrary to that and it would be very important for him to bring it to the attention of Irish Water urgently. Irish Water delivers leaflets at least two weeks in advance of the installation of the meter. The Deputy has asked for a month and I will ask Irish Water to respond to him on that. A further leaflet is delivered at least three days in advance. This leaflet includes contact details for Irish Water and also asks any householders with any disability, mobility or medical concerns to ring the call centre so any additional support or advice can be arranged.

Irish Water makes every effort to ensure that the communications are delivered in a timely and effective manner. It has informed the Department that there have been a few isolated cases where it has had to temporarily suspend the distribution of the leaflets to maintain the health and safety of its staff. In this regard, section 72 of the Water Services Act 2007 provides that Irish Water can require any consumer of water supplied by it to take such supply through a specified meter.

The protection of the interests of customers is a central element of the Government's reform. The establishment of Irish Water should provide a more efficient and cost-effective service. I appreciate there are more issues. If the Deputy gives me the areas on which he needs responses, I would be happy to come back to him on them.

Deputy Brian Stanley

I thank the Minister of State for his reply. Some people are carrying out work on a house. The Government introduced a positive scheme to give a tax rebate for those carrying out home improvements and extensions to kick-start the construction industry. In cases where people are trying to carry out renovation work, they need more notice. In the case of disabled people where they have carers coming to collect them where they may have to make arrangements with the Centre for Independent Living, the HSE or the staff of a section 38 or section 39 agency, they need notice to make alternative arrangements.

Meters can be fitted in some areas without much disruption, but in some areas they can cause havoc. In narrow streets access can be blocked off for days which is a particular problem for those who are not as mobile as the rest of us and who may depend on a wheelchair, a walking frame or other similar aids.

It is important people in those situations receive adequate notice. It will not cost any more for them to be notified two weeks earlier. The regime would be better if it was changed to one month and one week instead of a fortnight and three days. My house has not been metered yet but when it is, I will be able to tell the Minister of State whether I received adequate notice. There have been reports that people have not received adequate notice and that needs to be tidied up. Will Uisce Éireann re-examine that practice?

Deputy Fergus O'Dowd

I assure Deputy Stanley that all of the information he has laid before the House and the issues he has raised will be brought to the attention of Irish Water-Uisce Éireann immediately for direct reply to him. I will ask it to copy me and perhaps we can discuss it after that communication has been received.

Human Rights Issues

Deputy Maureen O'Sullivan

I thank the Ceann Comhairle for allowing this Topical Issues matter to be chosen. It, and the abduction of the young girls in Egypt, are two glaring recent examples of an appalling abuse of human rights. We know what happened in Egypt on one particular day. A total of 683 men were sentenced to death by the Egyptian criminal court. They were accused of murder, attempted murder, burning a police station, belonging to a banned group, etc. The same day 37 out of 528 sentenced to death at a previous trial were given the death sentence while the rest - 491 - were given life imprisonment instead. On the same day, the court also banned the April 6 Youth Movement, a peaceful secular movement which led to the protests in 2011. All these examples raise serious concerns regarding the judiciary.

One Middle Eastern academic said that the sentences have demonstrated a dangerous overlap between the executive branch and the judiciary and that these are political decisions and not judicial ones. A hearing lasted eight minutes, no evidence was heard through the defendants, no evidence was heard from legal representatives, the defence was not allowed to cross-examine and the judge did not review evidence. Mr. Colm O'Gorman, executive director of Amnesty International, stated:

Today's decisions [the 28 April decisions] once again expose how arbitrary and selective Egypt's criminal justice system has become. The court has displayed a complete contempt for the most basic principles of a fair trial and has utterly destroyed its credibility.

Regardless of possible overruling of those sentences, it has had a devastating effect on the defendants, on their families and on democracy. What has happened is putting democracy and the democratic process at risk because one wonders whether the regime, with the judiciary, can be trusted to hold free and fair elections. It is most alarming that the head of Al-Qaeda stated: "What happened is the biggest proof of the failure of democratic means to achieve an Islamic government". He called on the Brotherhood to give up democracy to join the Jihad and establish a truly Islamic state.

A response is vital and it is up to the international community to speak out. What has our response been? Has our ambassador in Egypt made known our concerns about this matter? Has the Egyptian ambassador to Ireland been called into a meeting with the Minister of State or the Tánaiste on this matter? We have a strong voice. We are on the UN Human Rights Council, we have a reputation and we can be a much stronger voice on this matter. What will the Tánaiste do at the next meeting of EU Foreign Ministers because after all, the EU is Egypt's biggest trading partner? We saw the action taken against Russia in regard to Ukraine and the action taken against Syria. Here we have a gross abuse of democracy in a country but what are we saying about that issue?

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

I thank the Deputy for raising this important issue which has justifiably elicited much concern in Ireland and internationally. Ireland is strongly opposed to capital punishment under all circumstances and we continue to seek its universal and permanent abolition. Ireland has consistently called on all states to immediately adopt a moratorium on executions, with a view to eventual abolition, most recently at a high level panel on the issue at the 25th session of the UN Human Rights Council in March 2014. Abolition of the death penalty is also a core value for the EU, which is incorporated into EU political and human rights strategies with our bilateral partners.

The verdict of the Minya court, which in March issued 529 death sentences on individuals convicted of a variety of offences, including the murder of a policeman, after a two day trial, and then on 28 April condemned a further 683 defendants to death for a similar set of charges, is extremely troubling and poses very serious questions for the conduct of the rule of law in Egypt. The commutation of 492 of the earlier capital verdicts to life imprisonment does little to assuage concerns over the rights of the defendants and the current operation of the Egyptian justice system. While Ireland supports the separation of powers under Egypt's constitution, we also stress that the Egyptian authorities have a basic duty to ensure that constitutional protections of human rights are upheld, as is the rule of law and observance of binding international obligations to protect fundamental rights.

It is impossible to see how these trials could be regarded as in any real way meeting basic requirements of due process and the right to a fair trial, with most of those accused tried in absentia and many deprived of adequate legal representation or, indeed, any opportunity to present a defence. The swiftness of these extraordinary trials contrasts very sharply to the failure to date to ensure accountability in the many instances of security force responsibility for the killing of hundreds of protestors last summer.

I hope that all possible appeal procedures will be employed to review urgently these appalling sentences. Last month, the Tánaiste made clear to this House our strong condemnation of the conduct of the original trial and the mass death sentences passed. Earlier today, officials from the Department of Foreign Affairs and Trade met with Egyptian embassy representatives to reiterate Ireland's strong concerns about both of these trials, our opposition to the death penalty in all circumstances and our urgent request to the Egyptian authorities to review these verdicts and ensure that Egypt abides by its obligations under international law and fully protects the basic human rights of its citizens.

There has been widespread international criticism of the verdicts issued in Minya, including by the UN High Commissioner for Human Rights who described the latest verdict as outrageous. EU High Representative Cathy Ashton, commenting on 29 April, referred to the mass trials as being "clearly in breach of international human rights law". The High Representative also raised this case directly with Egyptian Foreign Minister Nabil Fahmy when they met in Brussels last month. International concern relates not just to the lack of due process and failure to comply with international human rights standards but equally the highly damaging effect which these verdicts may well have on efforts to promote greater inclusivity and overall reconciliation within Egypt.

Ireland and our EU partners will continue to closely monitor developments in regard to the Minya trials as the appeals process continues. This will include active consideration of what further diplomatic steps can be taken, including in Cairo, to relay our serious concerns and urge review by the Egyptian authorities.

Deputy Maureen O'Sullivan

I thank the Minister of State. Concrete steps are being taken but I am not too sure how strong they are or how effective they will be. As the Minister of State knows, some months ago, the Irish section of AWEPA welcomed members of parliament from Egypt, Tunisia, Yemen and Libya and both he and the Ceann Comhairle met them. A significant part of the discussion we had was how collectively as parliamentarian we can show support for other countries' transition towards democracy and that together we have a strong belief in democratic institutions and that they will uphold fundamental human rights principles. There is a very serious danger to the whole democratic process by what is happening.

It is even going against the Egyptian constitution because article 96 states that those accused of a crime are presumed innocent until proven guilty in a fair legal trial in which the right to defend one's self is guaranteed. It also goes against the International Covenant on Civil and Political Rights to which Egypt is a state party. It limits the circumstances in which a state can impose the death sentence.

The UN Human Rights Committee has said that in cases of trials leading to the imposition of the death penalty, scrupulous respect of the guarantees of a fair trial is particularly important. All of those have been breached by Egypt in the recent decisions that have been made.

In the final part of his reply the Minister of State indicated that Ireland and its EU partners would continue to closely monitor developments. One could ask how strong a response is that and is the EU with Ireland as a strong voice prepared to go further and to consider other issues including sanctions against Egypt? Much of Egypt’s trade is with Europe. Could we consider tying human rights into trade and therefore be a stronger voice when it comes to human rights?

Deputy Joe Costello

Ireland co-sponsored a cross-regional statement on the human rights situation in Egypt at the United Nations Human Rights Council in March this year. That was the 25th session of the UN Human Rights Council. It concluded before any of the trials under discussion had taken place. We will have to examine carefully the situation in Egypt in the June session in terms of what has transpired since with the trials and the verdicts that have been imposed. We will bring the recent background into the equation as well.

Earlier today, our officials met with embassy officials from the Egyptian side and all of the points mentioned by Deputy Maureen O’Sullivan were raised and discussed. The situation from an Irish point of view was made very clear. Last month, the Tánaiste was on record in this House articulating the Irish position. The European Union has articulated its position through Baroness Catherine Ashton. I agree with Deputy Maureen O’Sullivan that there is a role for the European Union to play. Through the European Union we have strong human rights conditions incorporated into all our trade agreements and it is very important to ensure that those are meaningful and have teeth. The European Union and Ireland will keep a very close eye on the situation.

There is no doubt that what has happened is totally unacceptable. I accept the Deputy’s point that it raises the question of the separation of judicial powers from executive powers. We are appalled by the decisions that have been taken, the manner in which they have been taken and the short space of time in which the court sat. It is a case of the highest importance and one on which we will focus most closely in the future. I assure the Deputy that we will monitor the appeals very closely as they proceed, both in our embassy in Egypt and in the Department of Foreign Affairs and Trade.

The Dáil adjourned at 5.35 p.m. until 2 p.m. on Tuesday, 6 May 2014.

Dáil Éireann díospóireacht - Thursday, 1 May 2014