Dáil Éireann díospóireacht -
Tuesday, 28 Jun 2016

Vol. 915 No. 2

Topical Issue Debate

Light Rail Projects Status

Deputy Alan Farrell

I thank the Ceann Comhairle for selecting this issue and the Minister for his attendance.

Obviously, this issue concerning the delivery of metro north to Dublin Airport and the capital of Fingal, Swords, is very close to my heart. It is of the utmost importance that the Government continue to prioritise that which the previous Government recommenced following our economic difficulties. The people of Dublin and especially my constituents in Dublin Fingal have been waiting a very long time for the delivery of this critical infrastructure.

Dublin is the only capital city in Europe without a rail link to the primary national airport. The precursor to this was not the metro north project of the mid-1990s but the rail link proposed by An Foras Forbartha in 1972; therefore, it has been 44 years in the waiting. It is very important that the new Government restate its intentions to deliver this project. Notwithstanding Brexit and the fiscal space available to the Department of Public Expenditure and Reform, we should perhaps even consider fast-tracking it in some way.

I am pleased that the new metro north service, as approved thus far, will have a journey time of approximately 31 minutes. Residents in Malahide who are 9.9 miles from the city centre as opposed to 9 miles for residents in Swords can travel that distance in approximately 26 minutes on the railway. Therefore, for the metro service which will serve more stations and facilitate more people in travelling to and from Dublin Airport and between Swords and the city centre, a journey time of 31 minutes will be acceptable to all. I had set my own personal target of 35 minutes, which, I am delighted to say, Transport Infrastructure Ireland has beaten by four minutes.

The 2011 census identified Fingal as having population growth four times higher than that in Dublin city. In the past two censuses Fingal was recognised as the fastest growing youngest environment not just in the Republic of Ireland but in Europe. Without the timely provision of the metro and the connection to Swords, an emerging city, the airport and the roads would be even more congested. Figures previously presented by TII suggested approximately 40 additional multi-storey car parks would be required in Dublin city centre alone to accommodate the growth in Dublin in the next ten to 20 years - I believe up to 2035.

I am glad that the new metro north service will have the potential to meet all of the capacity needs of Swords and Dublin Airport into the future. As the Minister knows, the Dublin Airport Authority is moving towards the delivery of a second runway and growth has now exceeded 25 million passengers on its single runway. One can imagine with the development in Swords and the airport's second runway, if it proceeds on time, that we will see an increased requirement for capacity in getting people to and from Dublin Airport. Some 65% of Dublin Airport users get there by bus and given the growth in demographics in Dublin, we need to ensure the users of Dublin Airport are given alternatives to road-based transport.

I was very pleased to have been with the previous Minister for Transport, Tourism and Sport, now the Minister for Public Expenditure and Reform, Deputy Paschal Donohoe, when he made the announcement at Heuston Station. I hope the Minister, Deputy Shane Ross, will continue to engage with representatives from Dublin Fingal and the other constituencies along the proposed route in order to ensure the timely provision of this service.

Minister for Transport, Tourism and Sport (Deputy Shane Ross)

I thank the Deputy for raising this very important issue which I know is close to his heart. He has been a very staunch campaigner on this issue on behalf of the people of his constituency and will continue to be until metro north is completed. I hope the date for its completion will be earlier than anticipated, but, obviously, I cannot make any promise because it is dependent on the exigencies of the financial situation which is permanently, particularly now, in a state of uncertainty and flux. I thank him for giving me the opportunity to debate this issue in the House. It will be regarded as an important debate and will give an indication of the Government's thinking about what will happen in the future.

The programme for Government includes a commitment to proceed with the new metro north project and funding is provided in the Government’s capital plan, Building on Recovery: Infrastructure and Capital Investment 2016 to 2021, to facilitate construction of the link, commencing in 2021, with a view to delivery by 2026 or 2027.

It has long been accepted that there is a public transport deficit in the Dublin area generally and the Fingal area on the Swords-airport corridor, in particular.

Fingal is one of the fastest growing areas in the country. As the Deputy mentioned, the 2011 census recorded Fingal as having close to four times the population growth rate of Dublin city and almost twice the population growth rates of the other council areas in the Dublin region.

Plans for the original metro north and other major projects had to be deferred in 2011 as a result of the collapse in the economy. The Government is pleased to be in a position to commence plans to provide a major public transport project along the crucial corridor from Swords and the airport to the city centre. Following consideration of the Fingal and north Dublin transport study by the National Transport Authority last year and the recommendations of the authority arising from the study, the Government decided that a light rail link running underground from St. Stephen's Green through Ballymun, under the airport and on to Swords would be the optimum long-term public transport solution for this strategically important corridor. The funding constraints that applied when the capital plan was being developed and which continue to apply mean that we are not in a position to deliver everything required immediately. Our first priority must be to ensure we maintain the existing transport infrastructure at steady-state levels in order that it remains safe and fit for purpose after the significant period of under-investment during the fiscal crisis. The funding being provided in the capital plan for public transport investment will see us reach steady-state funding levels by 2020. In addition, funding is being provided to commence critical transport projects such as the new metro north project to meet growing demand. As set out in the capital plan, it is expected that construction of the new metro north project will commence in 2021, with a view to delivery by 2026 or 2027. The estimated cost of the project is approximately €2 billion, excluding VAT. If additional funding becomes available in the next few years, the project preparations being made will position us to make progress with the project in line with available funding.

The revised metro north option being progressed is a more affordable version of the original metro north proposal that had been envisaged prior to the economic and fiscal crises. As such, it should provide greater value for money for the taxpayer. It is important to note that all of the essential components and benefits of the original scheme are being retained. I understand the main cost reduction elements will be a reduction in the length of elevated structure as a result of greater surface running in Swords, one fewer city centre station as a result of the replacement of the O’Connell Bridge and Parnell Square stations with a single station on O’Connell Street, shorter vehicles in line with lower passenger forecasts and smaller stations with shorter platforms to match the reduced length vehicles. The revised lower cost metro north will be a 16.5 km light rail line, with 8.5 km of the route running in a tunnel from St. Stephen’s Green to Griffith Avenue and under the airport. It is proposed to have 14 stops on the line - eight above ground and six underground.

Deputy Alan Farrell

I appreciate the Minister's response which I had the benefit of reading in advance. I compliment the Minister and the Department on the level of detail in it. I never get this level of detail when I ask parliamentary questions and thank the Minister for it. I welcome his reference to the potential availability of further funds to accelerate the delivery of the metro north project. This may well occur with a little luck. The Minister hit the nail on the head when he spoke about linking with the spatial and planning strategies. The sustainable development of the north Dublin corridor is of paramount importance to Dublin City Council and, more appropriately, Fingal County Council which has many greenfield and brownfield sites to develop along the corridor. If the development goes ahead, the councils will have the ability to provide for a great deal of investment that will be of assistance in terms of job potential and community development in the coming years.

It is very important to recognise that the delivery of the metro north project is not just about getting people from A to B; it is also about creating communities and giving people in them the links to get from A to B. There is nothing worse for those living in the communities to which I refer than knowing it will take them 70, 80 or 90 minutes to get to Dublin city centre at peak times. That is the reality for people living in the north of the county and Swords. That is how long it takes to traverse the Malahide Road or the Drumcondra and Swords roads if one has to drive, which is the case in many of the examples brought to my office. While there are excellent bus services in the area in question, there is no comparison between a bus service and the service provided by a for-purpose singular vehicle when people are trying to get to and out of the city centre.

I noted with interest a couple of weeks ago the flying yet again by Iarnród Éireann of its kite about the provision of a heavy rail link to Dublin Airport. I ask Iarnród Éireann to allow the policymakers to make decisions on transport infrastructure in this country. Those involved with the company should focus on driving their trains and planning their strategies to keep the network up to speed and allow the Minister for Transport, Tourism and Sport and his officials in the Department to get the job done.

Deputy Shane Ross

Hear, hear. I agree with the Deputy's closing statement which we should all welcome on this side of the House. When State companies go walkabout, sometimes it is not particularly good for the general public. Representatives of State companies who engage in such behaviour are usurping the positions of politicians. I welcome what the Deputy has said and wish I had said it, but I am happy to agree with it.

The Deputy is absolutely correct when he says the proposed metro north project integrates well with spatial policies. I think that is the intention for the future of the project which integrates well with the existing and proposed public transport network of Dublin city. The National Transport Authority and Transport Infrastructure Ireland have commenced preparatory work on the planning and design of the new metro north project. A dedicated project steering group has been established. If additional funding becomes available in the next few years - I am not saying whether it will - the preparatory work being done will position us to make progress with the project in line with the available funding. I am trying to hold out some hope without making promises. The Government is committed to providing a metro link on the corridor from the city centre to the airport and Swords. This is clearly set out in the programme for Government and funding has been allocated for the preliminary planning and design of the project. It is envisaged that construction will start during the lifetime of the current capital plan, with the metro to become operational by 2026 or 2027. Metro north will be a vital piece of national infrastructure. It will respond to the needs of the emerging economy in the medium term and cater for the longer term public transport needs of this strategically important transport corridor.

Hospital Staff Recruitment

Deputy Anne Rabbitte

I do not need notes to talk about the deficiencies in paediatric diabetes services in County Galway because I have been harping on about this issue since I came into the House at the beginning of April. I am pleased that I will receive a reply from the Minister of State at the Department of Health, Deputy Marcella Corcoran Kennedy, today. Given that six months have passed since the launch of the new model of care for children with diabetes, I would like to know when the post at University College Hospital Galway will be filled. The need for the vacant paediatric diabetes specialist position at the hospital to be filled cannot be underestimated. Children in the region who are encountering serious delays in accessing specialist treatment have to go to Limerick or Dublin to avail of these services. The families agree with me that it is unacceptable that treatment is not being made available in Galway to children with a particular form of type 1 diabetes that requires them to use an insulin pump. It is disappointing that even though changes are being made under the new model of care launched last December, this service is still not available, six months on.

The Minister of State might not be aware that a contract has issued for a person to fill the vacancy I have mentioned. Believe it or not, the person in question will not take up the post until February or March next year. When I previously tabled a parliamentary question on this matter, in fairness to it, I received an answer from the hospital in Galway. I cannot understand why contracts are issued to people who are not in a position to take up the posts to which the contracts apply. Perhaps the Minister of State might explain the reason to me. Why do we issue contracts if we do not have the funding to pay for the posts? It seems that parents have waited for almost five years for this announcement to be made.

Four women attended my clinic in Loughrea recently about this matter. One woman, from Oranmore, has to attend Limerick University Hospital with her seven-year-old. Another, who came all the way from Headford to meet with me, travels two and a half hours to Limerick for the service. One woman is waiting, with bated breath, to get her ten-year-old into the service. Another woman from Claregalway who has a 14-year old daughter is travelling to Dublin for the service.

Their concern is that if they have an emergency, the files are not held in the Galway emergency department that they would have to attend. While they are only 40 minutes from the Galway hospital, their children’s files are not held on the campus. One woman told me that, in the case of an emergency, she would take the chance of travelling to Dublin. In this day and age, chances are not good enough.

I attended the diabetes conference in the AV room last week which was an outstanding event. However, I heard Limerick University Hospital is struggling, down to half a post. Now, the west and the mid-west are under serious pressure. Will the Minister of State explain what plan is in place to deal with this? These parents are not happy with the way things are. If I were a parent in such a position, I would not be happy either. I would think our health service is failing our youth.

With high blood sugar levels, hyperglycemia, or low blood sugar levels, hypoglycaemia, time is of the essence. However, accident and emergency services in Galway are under pressure. It is not acceptable that there is no consultant in Galway to look after children with diabetes, particularly in emergency cases.

Minister of State at the Department of Health (Deputy Marcella Corcoran Kennedy)

I thank Deputy Anne Rabbitte for raising this issue. From her contribution, one can hear how informed she is about it and how passionate she is in assisting the parents who have approached her about it.

Children’s needs should be at the centre of what we do and how we look after them. Parents and families face many challenges in caring for their children with diabetes. I acknowledge that this is not easy.

Galway University Hospital serves as a regional centre for the delivery of diabetes, endocrine and related services to the population of the west. A consultant paediatrician with a special interest in diabetes has been recognised as a priority post for the hospital. A consultant has been appointed. However, the successful candidate is overseas and, owing to prior work commitments, is expected to take up post in March 2017. While every effort is made to offer the patients an appointment at the hospital as close as possible to where they live, there are instances where local hospitals do not have the necessary capacity. In this instance, patients are offered care at an alternative hospital in either the public or independent sector.

There is an arrangement in place with Limerick University Hospital whereby all infants and children with newly diagnosed diabetes under five years of age are referred for specialist services. This will continue until the new postholder starts work. The Saolta hospital group advises that it is seeking to recruit a locum consultant in the intervening period. Also, in the Saolta hospital group region, an insulin pump therapy service for children in the north west is in place at Sligo University Hospital, with outreach clinics being delivered at Letterkenny University Hospital.

At a national level, a new model of care for paediatric diabetes was launched by the then Minister for Health, Deputy Varadkar, last December. This model of care was developed with expert input in line with international evidence. The consultation process also involved diabetic representative organisations, children with diabetes and their parents. The model proposes to organise paediatric diabetic care around integrated practice units, which will consist of one centre of reference while several additional units will undertake all forms of diabetes care. Tertiary care and insulin pump therapy will be provided to children of all ages by a multidisciplinary team. Additional units attached to the centre will support the delivery of services locally acting under the umbrella of these integrated practice units.

Full implementation of the model of care by the HSE will take place over the coming years. This model of care will improve access to and the quality of care for affected children by reducing acute and chronic complications associated with type I diabetes. It will also improve the quality of life for children and families by optimising diabetes education, carbohydrate counting and insulin pump initiation.

The Department of Health will continue to work with the HSE to ensure the service needs and waiting times in this area will be addressed.

Deputy Anne Rabbitte

While I accept the Minister of State’s reply, regrettably the frustration for the parents and the families in question is that the post, which was advertised, has not been filled. Whatever way we look at it, it looks like it will not be filled until March 2017. When I said I would raise the issue on behalf of the parents, their only ask of me was if there was any way the post could be filled in 2016. It is my second time asking the question but I am getting the same answer, essentially March 2017.

Will Limerick University Hospital be able to deal with the extra capacity? Listening to what was said last week in the AV room, it would seem the post at that hospital is under pressure. My concern for the family travelling there from Galway is that this is a service available every second week. I appreciate there is a service in Sligo University Hospital and the people in the north west are quite happy with it. However, the people in the west feel isolated and rejected.

It is also important for me to acknowledge the hard work done by the specialist nurse in Galway University Hospital. By all accounts, she seems to be keeping the whole show on the road but she needs a little more support.

I am glad the Minister of State acknowledged what it does to the families in question, namely, a day off work and a day out of school. While we acknowledge all they are doing, it is little comfort to them that nothing will happen before March 2017. Will Limerick University Hospital be able to cater for the needs of those patients from Galway? Is there any way that, if there were a chronic emergency with one of these patients, through IT systems they could be treated at Galway University Hospital?

Deputy Marcella Corcoran Kennedy

Every effort is being made to appoint a locum in Galway in the intervening period until the person who has accepted the post can take it up in March 2017. That is the good news.

The question was specifically on Galway, so I do not have a specific response about the issues the Deputy raised about Limerick’s capacity. I will certainly find out for her. As soon as I have it, I will forward it to her. We do not want people having concerns about the availability of the service required by the children in question.

Personal Injury Claims

Deputy Jim Daly

The justice system works under the premise that justice is not only to be served but has to be seen to be served. There is disquiet among the people I represent, and no doubt among the people represented by the Minister of State, Deputy Stanton, and other Members, about rising insurance premia. It is not until such time people feel it in their pockets that they look around to see what is causing it. People are astute and quick to get to the bottom of things. There is particular disquiet around the perceived largesse of the awards coming from the courts in personal injury claims. I am well aware of the separation of the Judiciary and the Legislature. However, it only adds further fuel to people's concerns about whether anybody is watching this or if anyone is in a position to do anything about it.

Is anything being done about the level of awards and the massive amounts that appear to be awarded in the Irish courts on a daily basis? We only get a flavour of it in the news. A hotel owner made a very valid point to me recently in regard to a newspaper report of a €70,000 award to somebody who had slipped and cut their face. In the same court, on the same day, a person who had assaulted somebody got the Probation Act. His point was that the message this was sending was that if he assaulted somebody, he would get away with it, but as a manager of a hotel with responsibility and a duty of care, doing the best he can, he might have to pay €70,000 if somebody had the bad fortune to slip on his premises.

To be fair, it is more than a perception. It is time this House examined the legislation in order to rebalance liability. The day seems to be gone where people have a genuine responsibility for their own welfare. People seem to dream lotto numbers when, as some would see it, they have the good fortune to have a slip on someone else's premises. Despite all the health and safety, and the measures taken by owners and managers, particularly owners of public establishments, they have seen massive increases of 60% and 70% in their insurance premiums in the last year. Nobody is talking about this, whereas motor insurance has received a lot of attention.

People rightly ask questions about the awards. For example, an award for whiplash is typically €15,000 but, if it happens in England, it is €5,000, or that is what applied before it chose to leave the EU. I wonder whether the courts have become a bit trigger-happy. I accept the separation of the Legislature and the Judiciary applies to the apportioning of blame and to who is right and who is wrong. However, we can legitimately question the amount of the awards as it has nothing to do with the separation of powers. We should examine how much money is being awarded in the courts and on what basis.

I want to explore with the Minister, Deputy Fitzgerald, the possibility of bringing in legislation to rebalance liability and to ensure there is a personal responsibility and an onus on people. I ask whether this House can do something about the two issues of rebalancing liability and putting a check on the amounts being awarded in the courts, in order to ensure people are not being tempted to pursue claims.

Minister of State at the Department of Justice and Equality (Deputy David Stanton)

I thank Deputy Jim Daly for raising this subject, which affords me, on behalf of the Minister for Justice and Equality, Deputy Frances Fitzgerald, the opportunity to inform the House of recent developments in this area. The Minister has asked me to make it perfectly clear at the outset of this debate that the courts are subject only to the Constitution and the law, and are independent in the exercise of their judicial functions. The conduct of any court case, including the determination of liability between the parties to an action concerning a personal injury, is a matter entirely for the presiding judge and the Minister has no function in this matter.

That being said, I wish to draw the Deputy's attention to a number of initiatives in the general area of compensation for personal injury. The civil liability (amendment) Bill is currently being drafted. The Department of Justice and Equality has undertaken an intensive policy analysis and consultation process with the Department of Finance, the Department of Public Expenditure and Reform, the Department of Jobs, Enterprise and Innovation, the Department of Health, the Office of the Attorney General and the State Claims Agency in the development of these legislative proposals, with the objective of designing legislation which could cover all instances of catastrophic injuries and not just those arising in respect of State defendants.

The components of the proposed legislation are as follows: the court would have the possibility to make periodic payment orders for catastrophically injured plaintiffs who require life-long care and attention; the decision to make a periodic payment order would be at the court’s discretion, following consultation with the parties and having considered the needs of the claimant; payments would be indexed to the Irish harmonised index of consumer prices and reviewed at five-yearly intervals; the periodic payment orders could be changed at specified times to accommodate changes in the plaintiff’s circumstances, such as the move into full-time education; and the existing limits in the insurance compensation fund would not apply in cases of periodic payment orders and, consequently, where an insurance company became insolvent, the full amount due to a periodic payment order plaintiff would be paid in full from the insurance compensation fund. Work is progressing well on this Bill and the Minister expects to be in a position to publish the draft Bill in the next session of the Oireachtas.

In addition, the Legal Services Regulation Act 2015 includes provisions relating to the making of regulations for pre-action protocols in cases of clinical negligence actions. Work has begun in the Department of Justice and Equality on framing these regulations, which are aimed at encouraging timely communications between parties and the early resolution of such actions. The Deputy may wish to note that the Legal Services Regulation Act also contains a number of measures relating to legal costs, including the following: the establishment of a new Office of the Legal Costs Adjudicator to replace the existing Taxing Master's office; the introduction of new rules relating to the charging of types of fees by legal practitioners and advance notification of costs to their clients; and the introduction of a system of public complaints about all legal practitioners, including complaints as to costs, which are to be dealt with for the first time by an independent statutory authority, the new Legal Services Regulatory Authority.

The mediation Bill, which is currently being drafted in the Office of the Parliamentary Counsel, will introduce an obligation on solicitors and barristers to advise any person intending to commence legal proceedings to give consideration to using mediation as an alternative means of resolving disputes. It is intended that this will help to reduce recourse to the courts, as well as the costs and delays which may arise during court proceedings. The Bill will also provide that a court may, following the commencement of any such proceedings, on its own initiative or at the request of a party to the proceedings, invite the parties to consider mediation as an alternative option and suspend the proceedings to facilitate that process. The Minister expects to be in a position to publish this long-awaited Bill early in the next session.

In addition, the Minister understands that the then Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, met with Mr. Justice Peter Kelly, President of the High Court, on 29 January 2016. The purpose of the meeting was to discuss the current review of the book of quantum. It is understood the Personal Injuries Assessment Board hopes to have the revised book of quantum ready as soon as possible. It should be noted that the book of quantum is not a recommendation for compensation levels but rather a reflection of the prevailing level of awards, that is, compensation values awarded by the courts, settlements agreed by the insurance industry, settlements agreed by the State Claims Agency and settlements agreed through the Personal Injuries Assessment Board process.

To conclude, I want to reiterate my opening statement that the determination of liability between the parties to an action concerning a personal injury is a matter entirely for the presiding judge. The Minister believes that the separation of powers between the State and the Judiciary is a fundamental feature of the judicial system in this country and should remain so. The Minister has no plans at present to legislate for rebalancing liability between parties to an action concerning a personal injury.

Deputy Jim Daly

I thank the Minister of State for his response, although my fears are not allayed much further. We can all have a hands-off approach and I believe we are overly exercising the hands-off approach because of the separation between the Judiciary and the Legislature, of which I am well aware. As a House, we have an obligation in this regard. I am not suggesting for a second that anybody in the House gets involved in apportioning blame and deciding who is responsible for what - that is the job of the Judiciary. However, the law of the land is set by this House and, therefore, there is an onus on us, the Members of this House. I ask the Minister to review her approach, which is not to bring in legislation regarding the rebalancing of liability. It is an issue we should debate in the House. I believe legislation is necessary and that it would be of assistance to the courts, given we have become a bit trigger-happy, as I said earlier, in regard to the amounts of money that are being awarded. There is a lot of what many ordinary people on the street would call nonsense happening in the courts, with people making a lot of money out of a little misfortune. There is an on onus on the House in this regard.

In that vein, I respectfully ask that the Minister of State, Deputy Stanton, would go back to the Minister, Deputy Fitzgerald, to get the answer to three questions. First, can the sum of awards made in the Irish courts for each of the past five years be provided to me by the Courts Service, if it is possible to get that information, to see whether there is an increasing trend? Second, what reviews or benchmarking exercises are being undertaken by the Department to compare and contrast the awards in this jurisdiction with other jurisdictions? Third, will the Minister of State, Deputy Stanton, tell the Minister, Deputy Fitzgerald, that I earnestly ask that she review her decision not to introduce legislation, and that she would consider the introduction of legislation to rebalance liability in the case of personal injury?

Deputy David Stanton

I am dealing with this issue on behalf of the Minister, Deputy Fitzgerald, and I again thank Deputy Jim Daly for raising it. I have taken note of the three questions he asked and will forward them on and try to get the information to the Deputy as soon as possible. I pointed out that the civil liability (amendment) Bill is currently being drafted and should make a difference, the Legal Services Regulation Act is coming into force and the mediation Bill is also being drafted.

The Deputy has made a number of points regarding the rebalancing of liability between parties, and I will bring these to the Minister's attention.

The Deputy will no doubt take note of the many initiatives in the area which I have already outlined. It is important to stress that the doctrine of the separation of powers constitutes the basic framework of the Constitution and an incursion by one arm of Government into another's area of competence and authority is not and should not be tolerated. The Deputy has agreed with this and made the point on a number of occasions. The determination of liability between the parties to an action concerning a personal injury is a matter entirely for the presiding judge and should remain the responsibility of the Judiciary. The other initiatives that are on the way should help the points the Deputy has made and we will bring his message to the Tánaiste and Government.

Industrial Disputes

Deputy John Brady

I am grateful for the opportunity to address this important issue not only for my constituents but also because of its wider implications for child minding in the State. The Minister of State may be aware of an ongoing dispute between Childminding Ireland and four IMPACT trade union members in my constituency of Wicklow. Unfortunately, the situation has escalated since I submitted this Topical Issue matter.

The four members have been on strike since 7 June 2016 but things have moved on slightly since I tabled this matter. Negotiations have commenced between the union and Childminding Ireland but there are some issues that still need to be raised here. The dispute arose because compulsory redundancies were notified to staff without prior consultation between Childminding Ireland and the IMPACT members in questions despite the fact that Childminding Ireland is not experiencing any financial difficulties and has produced no business case to justify these losses. The reason given by Childminding Ireland for these compulsory redundancies is that they are part of restructuring going on within the organisation. It is unclear to the staff involved why these redundancies are necessary under the restructuring. The Minister of State might have an update on the matter.

Four IMPACT trade union members have been on strike since 7 June at Childminding Ireland headquarters in Kilcoole in County Wicklow. Last week, those IMPACT members handed a letter to the Minister, Deputy Katherine Zappone, in her office in the Department of Children and Youth Affairs asking her to get involved because substantial State funding goes to Childminding Ireland. Some €360,000 is administered through Pobal to the organisation. The IMPACT trade union members asked the Minister to get involved to encourage Childminding Ireland to address the issue through the recognised structure - the Workplace Relations Commission. While Childminding Ireland has entered into talks with IMPACT members in recent days, a conclusion has yet to be reached. I welcome the talks between the IMPACT members and Childminding Ireland through the WRC and I hope there will be a successful conclusion.

Does the Minister of State have some answers to my questions? Will he clarify if the Minister, Deputy Zappone, used her office to put pressure on Childminding Ireland to engage in the recognised structure - the WRC - which is where this dispute should have been dealt with in the first place? Will the Minister of State clarify if the Minister, Deputy Zappone, had any contact with IMPACT? Why was this allowed to continue from when the staff first went on strike on 7 June until last Friday, 24 June, when negotiations commenced? Three weeks went by before Childminding Ireland began to engage with the relevant bodies. Will the Minister of State clarify the reason for this?

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Pat Breen)

I thank Deputy Brady for raising this important matter and giving me an opportunity to respond. Ireland has a robust suite of employment rights legislation which offers extensive protection to employees. Those protections include the Protection of Employment Acts 1977 to 2007, which provide for a process of information and consultation between the employer and employee representatives in circumstances where a collective redundancy is proposed. There is also the Minimum Notice and Terms of Employment Acts 1973 to 2005 which give employees entitlements to specified notice periods or payment in lieu of such notice. There is the Payment of Wages Act 1991 which protects outstanding wages, holiday pay, commission and bonuses. In addition, the Redundancy Payment Acts administered by the Minister for Social Protection provide a minimum statutory redundancy payment.

The WRC, which Deputy Brady mentioned, is mandated to secure compliance with employment rights legislation. The WRC customer service section provides information on employment, equality and industrial relations rights and obligations and how to obtain redress where appropriate. Staff from the information unit of the WRC are available to meet with staff individually or collectively to discuss their employment rights, including matters related to redundancy. The WRC customer service section can be contacted at 1890 808090 and the website workplacerelations.ie also provides extensive information on employment rights. It is very important that the WRC provides that information.

The dispute at issue arose from the redundancy of a number of staff members due to the restructuring of the organisation. The parties are currently engaged with the WRC in an effort to resolve the dispute. Even the most intractable of disputes are capable of being resolved when both sides engage constructively and in good faith in a voluntary process. The principle of good faith implies that both sides in a dispute make every effort to reach an agreement and endeavour through genuine and constructive negotiations to arrive at a conclusion that is satisfactory to all concerned. Ireland's system of industrial relations is essentially voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers, whether in redundancy or in collective disputes, rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement mechanism to support parties in their efforts to resolve their differences. I urge both parties to continue this engagement in order to find an acceptable resolution to this matter.

Deputy John Brady

I thank the Minister of State for outlining what members of the union are acutely aware of. The union members have been trying to get Childminding Ireland to engage with them through the WRC and that is where the problem has been since the beginning of this industrial action on 7 June 2016. They are aware of what is there to help resolve the dispute but the problem is that a body that receives €360,000 in State funding blatantly ignored it for three weeks. These staff members are effectively locked out of their place of employment in Kilcoole. A body in receipt of substantial State funding failed to engage with the WRC.

I asked two specific questions about whether the Minister who has responsibility, Deputy Zappone, used her influence to exert pressure through her Department on Childminding Ireland to engage with the WRC to end this dispute with the staff members. It also raises broader issues on child minders. There are many low paid workers in that type of work and there is a lack of funding from local authorities and Government which has led to this type of dispute. There are far too many disputes like this one involving exploitation of employees.

There are bodies such as Childminding Ireland which are blatantly disregarding approved bodies that are there to deal with these workplace relation issues. The Minister, as far as I can see, has not used her influence whatsoever to encourage Childminding Ireland to get in there and deal with the issues that are before it. I do not know whether the Minister is able to answer that couple of specific questions.

Deputy Pat Breen

I repeat that Ireland's system or addressing industrial relations disputes is voluntary in nature and the responsibility for the resolution of industrial relations lies ultimately with the employers, the workers and their respective representatives. I agree with the Deputy that disputes like this are regrettable for the parents involved. However, the restructuring and the current dispute is an operational matter for the employer and the board of Childminding Ireland. The Deputy asked about the Minister using her influence. I think it would be inappropriate for her to interfere in such matters.

While I have no direct role as the Minister of State with responsibility for employment and labour affairs in this matter, the dispute is with the Workplace Relations Commission, WRC, which is actively involved here. I must tell Deputy Brady that the WRC is the most professional group I have ever encountered here. We have put in place a world-class system for fast and effective resolution of workplace relations. I call the WRC a one-stop shop which deals with all disputes and workplace relations.

In addition, the WRC also has a role in terms of advising workers of their rights and statutory entitlements and ensuring that the employer is compliant with employment rights legislation. I believe the dispute is at the right place at the moment with the WRC. As I said to the Deputy earlier, I encourage all parties to be actively involved. The Deputy has seen disputes out there that he thinks cannot be resolved, but when it comes down to the talks of the WRC in which everybody is involved, there is reason for compromise and work.

The WRC is independent and we have to let it do its work independently. It would be inappropriate for me to comment on company-specific matters at this stage. Let us wait and see what the WRC and the parties involved will come up with. The WRC was established in October 2015 and it has done a very good job so far in the disputes and the relations with which it has dealt. Let us wait and see. We urge all parties involved to ensure that there is a successful conclusion to this dispute in the interests of the child-minding facilities, the parents and the children involved.