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Dáil Éireann díospóireacht -
Thursday, 18 Jan 2018

Vol. 963 No. 7

Topical Issue Debate

Agriculture Scheme Payments

I want to voice the concerns of 33 landowners who farm the Killery Mountain on the Sligo-Leitrim border and to request an urgent investigation into the current position as to why the Department of Agriculture, Food and the Marine is only partially paying basic payment scheme, BPS, and areas of natural constraints, ANC, payments to these farmers. There are up to 1,000 ha of commonage on the mountain in which 33 farmers have shares. These landowners are being penalised following a major gorse fire which started on 3 May last year. It took 32 hours to quell the fire which spread over 4,000 ha of outstanding beauty. Four fire brigades from Sligo and two from Leitrim dealt with the fire, assisted by the Coast Guard as well as fire officers from Donegal and local farmers who alerted the fire services in the first place. The commonage shareholders also made every effort to get the fire extinguished.

Payments for 2017 were withheld from the farmers until Christmas week. Most of them received very little with some losing out between €4,000 and €10,000. I first contacted the Minister on this issue in November 2017. I did not receive an acknowledgement from his office at the time. Unfortunately, a substantive response from the Minister is still pending. Information was obtained through individual representations to the Department on behalf of the farmers regarding their payments.

In early December, I was advised by the Department that it actively investigates incidents of illegal burning using satellite imagery. Land burned between the period of 1 March and 31 August of any given year is not eligible for payment under the BPS. The Department informed me that to qualify for payment under the BPS, an application must have an eligible hectare of land in respect of each entitlement held. It also stated that, with respect to the farmers in Killery Mountain, the lands in their BPS applications had been identified as having been burned outside the permitted timeframe and, accordingly, such lands would not be eligible for the purpose of the BPS payment which has created an overclaim on the BPS applications.

These farmers have been written to by the Department outlining the current position with regard to their BPS applications and setting out the options available to them on the overclaim parts, including the right to seek a review. The correspondence stated where land has been burned that is not suitable for agricultural activities, such as grazing or cultivation, it is, therefore, not eligible. It was apparent during the closed season for burning that there was widespread burning vegetation, according to the Department. It confirmed by press release on 17 May that it was investigating the illegal burning of lands. It also stated farmers who included illegally burned land in their 2017 BPS applications should remove the land, and that inclusion of same would result in reduced payments and penalties under the scheme.

All of the farmers, individually and collectively, do not accept this and are seeking an urgent appeal. If this decision is not overturned, it could affect the farmers' payments for three to four years until the grass regrows. That is not acceptable. What is the current status of the investigation? Will the Minister provide the House and the landowners with an update?

There is much access to the mountain for walkers and campers, making it difficult to pinpoint exactly how the fire started. In excess of 60 gorse fires occurred between March and May of last year, according to the Irish Wildlife Trust. It was unseasonably warm and dry in the region in question during that particular time. To be honest, it was the only bit of summer we got. It is completely unfair to penalise the farmers in question or to assume they had any part in starting the gorse fires.

The Sligo Way is a waymarked long-distance walking route which starts at Lough Talt on the Sligo-Mayo border, continues along the line of the Ox Mountains for approximately 80 km, and ends at Dromahair, County Leitrim. Some of the property traversed by the Sligo Way is private property. Access is available by kind permission of all the landowners and farmers on the route. Persons entering by permission do so with the consent of the landowners. No matter how often they enter or in what numbers, they do not do so as of right. Up to 60 people a day could access this walkway with 5 km of it spanning across the commonage land in question. After the fire, the Minister for Rural and Community Development, Deputy Ring, gave a €54,000 grant to repair some of the stands along the walkway. In May 2017, the Sligo Camino attracted 600 walkers from 25 counties to walk the 25 km route.

Has the Minister of State ever walked the Sligo Camino?

It is on my bucket list. I welcome the opportunity to address this matter on behalf of the Minister for Agriculture, Food and the Marine, Deputy Creed. I hope the Deputy will accept the Minister's apologies for not being able to take it in person.

The range of schemes available to farmers, such as the BPS, greening and the ANC scheme are vital supports which help to underpin the continued development of a competitive and sustainable agrifood sector. These payments also provide a significant financial boost for individual farmers and the wider rural economy. It must also be noted that under EU regulations, all applications under the BPS and ANC scheme are subject to robust administrative checks prior to payment. Only valid applications under the BPS and ANC which fully comply with the requirements of the EU legislation are paid. The main element of these administrative checks is an area assessment. This is achieved by using the detailed database of individual land parcels known as the land parcel identification system, LPIS, which currently records electronically more than 1 million individual land parcels. It is essential it is up to date and accurate.

Ineligible features, such as buildings, rock, scrub, land burned between March and 31 August, bog lands unfit for grazing or lakes, are excluded from payment. The integrity of the Department's LPIS and payment system is subject to frequent audit by the EU authorities. Any weaknesses in the system, such as failure to detect ineligible land parcels, leaves Ireland exposed to serious financial penalties which can run to tens of millions of euros. We recently had to pay €60 million in a disallowance and further audits are now under way.

With regard to the BPS and greening payment, advance payments began issuing on 16 October 2017. This is the earliest that payments can commence for these schemes under the governing EU regulations. It is worth noting that Ireland is among the earliest in the European Union to pay the BPS. In addition, the level of the advance payment was, following contact with the European Commissioner for Agriculture and Rural Development, Phil Hogan, set at 70% for 2017 rather than the normal 50%.

On 16 October 2017, BPS payments worth some €700 million were issued to 111,000 farmers. Regular payments have continued since then, including 30% balancing payments delivered on 1 December. To date, in excess of 122,000 farmers, representing 99% of eligible applicants, have received payments amounting to more than €1.05 billion. ANC scheme payments commenced on schedule on 20 September 2017. Payments totalling €200 million have been made to in excess of 93,500 farmers. The Department has been effective in issuing payments to farmers amounting in total under the BPS and the ANC scheme to €1.25 billion over the past four months.

Moving to the question of land eligibility, applicants under BPS are paid annually on the basis of the number of entitlements held with the requirement to have an eligible hectare of agricultural land per entitlement. In this context, an eligible hectare is land that is used for an agricultural activity. Ineligible features, such as buildings, rock, scrub, land burned between 1 March and 31 August, bog lands unfit for grazing, lakes etc., are excluded from payment.

Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and, therefore, it is not eligible, except where controlled burning is carried out. It is specified in the 2017 BPS terms and conditions that under section 40 of the Wildlife Act 1976, as amended by the Wildlife (Amendment) Act 2000, growing vegetation cannot be burned between 1 March and 31 August of any given year on any land not yet cultivated. These terms and conditions were circulated to all farmers in early March 2017.

It was apparent during the closed season for burning in 2017 that there was widespread burning of vegetation. Accordingly the Department confirmed via press release on 17 May that it was investigating the illegal burning of land. It was also publicised that such land is not eligible for payment under the BPS and other area-based schemes. Farmers were also advised that if they had included illegally burned land in their 2017 BPS application already submitted to the Department, they should remove this land by means of submitting an amendment form. Inclusion of illegally burned land in the 2017 BPS application could result in reduced payment and penalties under this scheme and the other area-based schemes.

The Department actively investigated incidents of illegal burning using the most up-to-date technology and satellite imagery. During that investigation, the Department identified lands that were included in some 2017 BPS applications, including by farmers on the commonage mentioned by the Deputy, which have been subject to burning after the permitted timeframe and would, therefore, be deemed ineligible for payment under the 2017 BPS.

Accordingly, overclaims arose as the area declared in the 2017 applications by a number of these applicants was greater than the maximum eligible area of the parcels determined by the Department.

There were 80 burnings on mountains during 2017. These farmers kindly gave permission to have this walkway put in place, supported by Sligo Leader, Sligo County Council and Leitrim County Council. After that, last April or May, there were three or four weeks of good weather. It was the only summer we got. One could not burn land since then because one would not be able to light it because it was raining. These farmers are being victimised. None of them started the fire and they have sworn affidavits relating to that too. Some 600 people walked the Camino trail that weekend. I asked a farmer today how many people use the stretch of trail here. Some 60 people a day walk that particular stretch across the Killery Mountain because it is beautiful countryside. I do not think any of those walkers, because they respect the rural areas, would start a fire deliberately and no farmer would start a fire deliberately outside the burning time. It was probably an accident where a cigarette butt, a bit of glass or whatever else started that fire. These farmers are now being heavily penalised for something they did not do. It is affecting them and their families. It is an area with poor quality land and this penalty affects not only the land on the mountain that they have lost because of fire but also the lowlands they have. The Department should make a case relating to this. I know it will not stop here because these farmers have taken advice on this and will push it as far as they can.

I will pass that on to the Minister, Deputy Creed. The Department has processed the 2017 applications concerned, for these farmers, based on the reduced area on the over-claimed parcel and has made payments accordingly. There has been some payout. The applicants have been written to by the Department outlining the current position in regard to their BPS applications and setting out the options available relating to the over-claimed parcels, including the right to seek a review. Some have done that. The details of the parcels concerned were outlined on the maps sent to the applicants. A number of farmers on the Killery commonage have been included in this process. Should the applicants concerned seek a review, they have been advised to submit any supporting documentation which they deem relevant for review by the Department. As the Deputy mentioned, a number of appeals have been received. These appeals are being reviewed and the applicants concerned will be contacted directly about the outcome of their appeals. I do not have the information to hand about the result of that but I am sure the Department will take on board the information.

It is the Minister, Deputy Creed’s top priority to make the highest level of annual payment possible to the most farmers on the earliest date possible in accordance with EU legislation. Unfortunately, some farmers submitted lands for payment that had been burned during the closed season for burning and payment was not made on such land. The Deputy mentioned those farmers and the reasons for whatever happened to the land are probably being investigated. The farmers in the Killery commonage have been written to. It is open to them to submit appeals, which will be dealt with by the Department as a matter of urgency. I ask that the Deputy encourage any of those who have not made an appeal to do so. The Minister, Deputy Creed, made that clear. Some have but not all. They have been paid on the balance of their applications. The lands concerned, will, all other things being equal, be eligible for payment under the BPS in 2018. I will make it clear to all involved that the burning issue relates to one year only. Provided nothing else changes, that land is also eligible for this year, 2018, and it will be important for farmers to get that in order. I will mention the urgency with which decisions on these appeals need to be made.

Flood Risk Management

I praise the men on the ground in Galway, as well as some women who were there, who reacted to the flooding that happened. I will come to the flooding itself, the council's response and, more importantly, the response from the Department. My purpose in raising this is that we can learn, we can prevent future incidents and we can clarify precisely what resources are available to help Galway city and indeed the county. I have shocking pictures of the damage done in Leenane in County Galway. I praise the council employees on the ground. Rinne siad obair na gcapall ar an oíche. I also praise the Civil Defence. I pick these out in particular because I will be very critical of how the management handled the flood on the night. The fire brigade had had to cope with a person going into the water at 7 p.m. It saved that person. Many things happened with which the people on the ground to deal. The workers had to cope with extraordinary difficulties. I was there at 6 p.m., went home at 2 a.m. and came back again in the morning. I also praise the work that happened the next day. It was brilliant. People went door to door and did everything right.

On the night in question, I could not find who was in charge on the ground for a long time. I have an office which flooded, although that is immaterial. Many businesses and houses were destroyed. I could not find out who was in charge. Traffic continued to go through the floods on Fr. Griffin Road, down the docks and so on. Nobody took charge on the night in the immediate aftermath. I saw a report from the council that was eventually produced for the council meeting six days later and which was given seven hours into the meeting. It outlines a number of things which I will not go into in detail. The final paragraph of the report really concerns me, and I draw the Minister of State's attention to it. It is called learning and recommendations. It stated that a full inter-agency review of recent weather events should be carried out. I would have thought that would have been carried out already. There is discussion about the storms, Ophelia, Brian and Eleanor and how a review should be carried out, and not only that it should be carried out, but how agencies are giving themselves three more months to carry it out. The report states that agencies should develop an emergency response plan for the management of future flood events. I would have thought that was in place. It is a recommendation of this report to take actions such as the issuing of sandbags, temporary defences, traffic management and notification to the media. The recommendation corroborates my experience on the night that nobody was in charge. It certainly happened after the event. My criticism is of the senior management of the council and the gardaí. The traffic going through the flooded streets added to the chaos and increased the damage.

Further, the actions taken as a result of pressure in Salthill over the last years saved that area to some extent, whereas in the city, the car park in Jury's Inn was under flood water, as were Flood Street and other streets. There was a very high tide but anybody could see that there was a high tide at 5 p.m. The wind blew up but there was a warning. It is extraordinary. The report of the meeting is a blaming game, not by me but by the city manager, blaming the Department of Communications, Climate Action and Environment. He said that the Department issued a warning but did not tell Galway. That was the response and the city council was omitted from that. Will the Minister of State clarify the Department's reaction with regard to resources being provided for those who have suffered in Galway and the county? What report does the Minister of State have? What is the extent of the damage?

I thank Deputy Connolly for raising the issue. It was actually raised with the OPW so I am taking the debate on behalf of the Minister of State, Deputy Moran, because he could not make it on short notice. It affects my Department as well. If I had known on time, I could maybe have brought more information to the Deputy to discuss this but I can certainly add to this conversation directly at a later stage if the Deputy wants. We want to learn from all these events, with a mission to prevent them in the future and to deal with them and every possible scenario. The National Emergency Co-ordination Centre reviews exactly what happened at a local level and national level and tries to learn from that. We have proven over the years, certainly with Storm Ophelia, that we can address and handle these issues. If there were any failings in the Galway situation, we will learn from and address that.

On behalf of the Minister of State, Deputy Moran, the Government's behalf and my own, I express my sympathy to the people in Galway who had their houses and businesses flooded recently. The Department of Housing, Planning and Local Government is the lead Department with responsibility for co-ordinating the national emergency response for severe weather events such as storms Ophelia and Eleanor. It has a co-ordinating role across various Departments and agencies when there is a national emergency. In early January, the severe weather assessment team in my Department was actively monitoring forecasts and warning updates from both Met Éireann and the OPW regarding severe weather and tidal conditions.

They linked with the local authorities most likely to be affected regarding their preparedness and the support available at national level, if required. My Department also liaised with relevant agencies in disseminating public safety information messages through broadcast and various social media. Social media and traditional media played a major role in helping us to get the message out with yellow, orange or red warnings relating to Storm Ophelia. I thank them for their support. Like the Deputy, I also thank all the people involved in the response on the ground in the clean-up afterwards and in helping others as well. The process of getting information out is essential as well. We do not always agree with the media in this House but when it comes to weather events, they provide an essential service and I compliment them.

Affected local authorities, including GCC, activated their inter-agency local co-ordination groups and internal crisis management teams to consider the forecasts and updates regarding Storm Eleanor and the potential threats, including high tides. Every local authority has a local co-ordination group and they meet during these events. The Galway group met twice that night to deal with the outcome and the aftermath. Even with all the warnings and predictions that had been made, the water levels were more than 1 m higher than anyone could have predicted. A sudden change in wind direction and an increase in wind speed of 42 knots between 5 p.m. and 5.30 p.m. combined with the high tide, heavy rainfall and the storm surge caused the severe flooding. There was also a full moon leading to high tides. That is why the OPW and Met Éireann were issuing warnings and potential flooding was forecast a few days in advance. GCC crews with assistance from the Defence Forces worked through the night and provided assistance to those affected by flooding, including the provision of pumps, collection of flood damaged contents and provision of dehumidifiers. Staff from other agencies and local residents came together to work hard as well. Everyone chips in to do what they can when these events happen. It is accepted generally that everybody did their job correctly to deal with the flooding aftermath. The Deputy's concern is that it happened in the first place. With all the predictions in the world, we cannot always predict where flooding will hit. Warnings are given but, again, we will review what happened and we will learn from this. A proposal to deal with this was brought to Government after the event on 2 January. The national co-ordinating committee will review the response as well.

I reluctantly say that the Minister of State's response is disappointing. I realise he is stepping in on behalf of the Minister but I asked a specific set of questions. What resources will be made available? What is the extent of the damage that has been communicated to his Department? We need answers to them. Perhaps the full moon on the night explains some of the bewilderment on the part of senior management. There was fault in respect of the reaction. No meeting was convened urgently because they did not believe anything would happen. In the report of the meeting, the manager blamed the Department for the lack of warning. Staff could not have reacted because they say that they did not know. I live in the Claddagh in Galway and we are surrounded by water. Anybody could see that the water was extraordinarily high. The water was monitored up to 4.10 p.m., which was the last time the level was recorded. I have a file on Leenane but I do not have the time to outline the damage to hotels, private houses, the craft shop and the sea wall. I pay tribute to the OPW whose engineers have inspected the damage. What resources will be provided and when will they be provided?

There is an AquaDam in the Spanish Arch in Galway but it was not fully inflated on the night. Questions have to be asked about the cost of that and the Minister of State should check it. The AquaDam is punctured. It is like a bicycle tube that has been mended using a repair kit. It has been bandaged numerous times. These are serious questions. It cannot be inflated to its full height because of all the problems with it. I do not wish to find fault but, since I live in Galway, I want to know practically how we can avoid this again. There is a responsibility on us locally to a certain extent but the major responsibility lies with the local authority and the Government. What will happen in this flood risk area, particularly for businesses? My office, for example, is next door to a dentist's surgery and her livelihood has been put in jeopardy. There is a carpet shop nearby and there are many dentists with seriously expensive equipment located on the docks. They have no insurance.

I have no problem getting more information on this for the Deputy and sitting down with her at a later date. She has raised questions that I will put to GCC as well. The national co-ordinating group assesses the fallout from all these events and makes changes accordingly. However, warnings are given on a regular basis and the OPW, Met Éireann and the Department are involved in that. They are issued through the media and every local authority knows what it has to do when it is notified.

The Deputy mentioned the full moon in a comical way but I will not because the moon affects tides. High tides, high winds and the sea surge at the same time caused this flooding. It could not have been predicted precisely but we have mechanisms in place to react. The Deputy raised issues about this and I will have them checked out as well. There are various schemes in place for the clean-up following such an event. The Minister for Employment Affairs and Social Protection ensured her Department's scheme was up and running straightaway. This will provide assistance to households affected by Storm Eleanor. A number of households have been assisted. There are different stages to the scheme relating to initial damage and structural damage to the house. The Irish Red Cross is administering a humanitarian flooding scheme on behalf of the Government to assist small businesses. Its aim is to get businesses back up and running but it does not deal with loss of goodwill and earnings. That scheme is available to businesses in the Galway region as well.

Local authorities are told by the Department that there is no restriction on cost in dealing with the fallout from a disaster such as this. They react accordingly in the days after during the clean-up and in addressing prevention measures for the future. Capital works that will have to be carried out in Galway fall to the OPW. I have a list of allocations under various schemes but I do not have time to outline them.

I take it the Minister of State will meet the Deputy.

I am happy to meet her to discuss this.

Respite Care Services Provision

I thank the Ceann Comhairle for the opportunity to raise this important issue. It is at least the third time he has allowed this issue to be discussed. Progress has been made but we are at an impasse. Listeners to "Morning Ireland" earlier heard a mother, Jacinta, whose son, Sam, has met the Taoiseach and the Minister for Health. The Minister of State at the Department, Deputy Finian McGrath, has visited the constituency. All the Deputies representing the constituency have backed the call for proper respite care to be provided to people in County Louth. The service is inadequate and families are suffering greatly. Unfortunately, Jacinta, as a recent television programme showed, was assaulted and the programme showed what she is going through to help, support and keep the son she loves in a loving, caring and compassionate home. This is being denied to her by the refusal to provide the respite care services that were promised.

I was informed in reply to a parliamentary question I tabled earlier this year that following the budget, negotiations were in train between the HSE and service providers to provide respite care. Jacinta told me that when she contacted the potential providers they said no such contacts had been made. I will bring the parliamentary question to the Ceann Comhairle's attention following the Minister of State's reply. False and misleading information was given to me, which I gave to that caring mother. The community cares so much about people with disabilities and they try to keep family members at home. They dedicate their lives to supporting them. It is unacceptable that a misleading reply would be so given and I await the Minister of State's response on this issue.

We need to have a caring society and the political system would not have it otherwise, but there is no possibility of respite care being provided until due process, which has not commenced, has been gone through.

I went to the extent of contacting service providers in County Louth today, having visited the property of one of them last year in the company of some family members. They believe that, because of the exceptional measures and the lack of proper respite care in County Louth, the HSE should make an emergency and urgent application for exceptional funding for a temporary period, be it three or six months, so respite can be offered to these families. In the meantime, obviously, the longer and more competitive procurement process can continue.

It is not unusual for the HSE in exceptional circumstances to seek, for a temporary period, services for care of the elderly or people who are very ill. For example, for the winter beds initiative it rings up nursing homes all the time and takes beds from them. These beds will be available in County Louth for these unfortunate people if the HSE officials have the strength and commitment to do that. I intend to pursue them fully, ruthlessly and relentlessly until the service is provided because it is a denial of basic, fundamental human rights when the money is provided by the political system but no initiative has commenced or has been processed as of this day.

I am taking this issue on behalf of the Minister of State, Deputy Finian McGrath. I have just been made aware of the letter referred to by Deputy O'Dowd and perhaps I will get a chance to deal with that shortly.

I thank Deputy O'Dowd for raising this important issue and for giving me the opportunity to outline the position in regard to the provision of respite services in County Louth. As the Deputy is aware, the Government's ongoing priority is the safeguarding of vulnerable people in the care of the health service. We are committed to providing services and supports for people with disabilities, which will empower them to live independent lives. As part of its ongoing service provision, this year the HSE will provide over 182,000 respite nights and 42,500 day respite sessions to families in need right across the country.

Both the Minister of State, Deputy McGrath, and the Minister, Deputy Harris, accept the urgent need for increased respite care throughout the country, which is why an additional €10 million has been secured to specifically enhance respite care in the disability sector. In terms of respite houses, €8 million will be used to provide ten new dedicated respite houses which are coming on stream this year. There is one in each HSE community health organisation, CHO, area and three in the greater Dublin area, which will add 19,000 extra respite nights in a full year. In addition, a further €2 million extra funding will be used for innovative respite solutions, such as home sharing and extended day services, in order to provide assistance where people need it most.

Following the necessary procurement process, the HSE will work with HIQA to ensure registration of these facilities in a timely manner. Obviously, this all takes time but I can assure the House that every effort will be made to bring these additional services on stream as soon as possible. Many people with disabilities are being cared for by very elderly parents who are finding it very hard to cope. Other carers simply do not have the hours in the day to look after the other members of their families and, as importantly, their own health and well-being.

The Minister of State, Deputy McGrath, has made it clear this money must be ring-fenced for respite services within the disability sector and must be targeted at those who are most in need. The provision of respite services has come under additional pressure in recent years. More children and adults are now seeking access to respite and the changing needs of people with a disability are also having an impact as they, along with the rest of the population, live longer lives. A Programme for a Partnership Government recognises the need for respite services to be developed further and we are fully committed to ensuring this happens.

In the context of respite services in County Louth, discussions are ongoing at CHO area 8 level regarding the emerging need for additional respite services and the options to be developed to meet these needs. The HSE continues to work with agencies to explore various ways of responding to this need in line with the budget available. The additional funding for 2018 will include the development of respite services in CHO area 8, including County Louth. Scoping out the most effective way of commissioning respite services as part of this new money will be an immediate priority for the HSE in order to ensure services are brought on stream without delay. The Deputy will appreciate that proposals can only be considered within the funding available to the HSE and must adhere to a rigorous procurement process.

I thank the Minister of State for her reply. I accept and acknowledge she is blameless in this matter and this is not her area of accountability. However, my views have not changed. This is departmental gobbledygook and it is unacceptable. While I am not being pejorative towards the Minister of State, whom I respect, I reject the rubbish she has been given to read out, which suggests I have to tell the mother of that child and other parents that nothing is going to happen, because that is what it means. The money is there. The problem is that the process will continue until perhaps the third quarter of this year before anything happens.

I want to be constructive. I ask the Minister of State to bring my comments back to the Department. I ask her to listen to what was said on "Morning Ireland" this morning during the interview with the mother of that child and another mother who accompanied her, who spoke in tears about her two sons who are now in their 20s and cannot and did not get respite. I repeat what I have said, namely, the HSE should make an immediate and urgent application given the exceptional circumstances which apply. Last April the HSE responded in writing to me about all the things it was going to do but it did none of them. As an exceptional measure, I would ask it to do this now.

I spoke to two of the service providers today. Different service providers will be able, if asked, to provide a quote to the HSE if the HSE wants to do that. I will be back here next week on this issue. I am talking to the Secretary General of the Department of Health, the Minister for Health, the Taoiseach and the whole damn lot of them. They are not doing their job in this case. It is unacceptable that, after due process in the Department, after the political system has said this money is being provided, it is not being used.

As the House is aware, I came with a prepared speech and I was not aware of the letter to which the Deputy referred. I will certainly raise all of the issues with the Minister of State, Deputy Finian McGrath, who apologises for not being here this evening. I fully concur with Deputy O'Dowd.

Even in my own constituency, I have had people ring me in regard to respite care, particularly for children, which astonished me. The children are in their teens now and there is a need for the HSE to up its game to make sure respite is available for those families, who are struggling on a daily basis in trying to deal in particular with older children and youths. The difficulty is that, at some stage in their disability, they can become very agitated and angry, and this can lead to a lot of concern, particularly where older parents are looking after children. I will bring the Deputy's very strong views back to the Minister of State, Deputy McGrath. The Deputy might send on to the Minister of State a copy of the letter.

Organ Donation

The issue I want to raise was brought to my attention by a woman who lives in my constituency. Her name, which she has given me permission to use, is Nicola McKenna. I met Nicola when I was out canvassing and we had a chat. Although she is very unassuming about it, Nicola is quite an amazing person. She donated a kidney to one of her siblings so she is a living donor. It is such a wonderful thing to do. We have all been inspired by following Orla Tinsley on social media and while I know Ms Tinsley's situation is not exactly the same, to be able to donate a kidney to a sibling, a relative or a friend is a marvellous thing to do.

I am aware of the way the scheme operates as I previously asked a parliamentary question on it.

The reply reads:

The Policy for the Reimbursement of Expenses of Living Donors provides for the reimbursement of accommodation and travel expenses ... up to a maximum of €6,000. In addition, the scheme reimburses loss of earnings incurred by salaried/waged donors ... for up to 12 weeks after the donation, up to a maximum of €10,000.

The final part of the reply was the most disappointing. It states, "There are no plans to further alter the scheme."

Nicola does not work outside the home. She works incredibly hard looking after her children but she is not in formal paid employment. Therefore, she cannot benefit from this scheme, which reimburses the loss of earnings incurred by salaried or waged donors. She incurred significant expenses. People who work in the home do work even if it might not be in the formal economy. She was not able to do that work, but it still had to be done and her children still had to be cared for. As such, she incurred additional expenses while recuperating after doing what was a marvellous thing, yet she is not covered by the scheme.

I genuinely believe that this is an oversight. Given that the numbers involved are small, no one in the Department of Health or any other Department would deliberately seek to exclude these people. They simply fell through the net. Excluding people who do not work outside the home is unfair. We should be encouraging people to become living donors. I would encourage anyone to do it. I have only one sister but I would like to think that, if the situation required it, we would do that for each other. Touch wood, we will not need to.

This small anomaly is not the Department's intention but it needs to be rectified. When I raised it previously, I was disappointed with the response to my parliamentary question, given what the bottom part read. I am calling for a very minor alteration of the scheme in light of the fact that we are only discussing a small subset of an already small number of living donors. Consideration should be given to this.

I will read my reply and then speak again on the issues raised by the Deputy. On behalf of the Minister, Deputy Harris, I thank the Deputy for raising this matter, as it gives me the opportunity to update the House. Most of my reply is probably information that the Deputy already has, but I will read it in any event.

Organ donation is one of the most selfless acts that one person can perform for another. Last year was a record year for organ transplantation, with 311 transplants carried out, well in excess of the previous high of 296. This included 192 kidney transplants. The kidney transplant figure included 51 living kidney transplants, itself a record for a year. I thank the families of deceased donors for their kindness in times of great distress. I also thank the living donors for their significant generosity in giving the opportunity of life-changing transplantation to their loved ones.

The Department of Health introduced a scheme to reimburse the expenses of living donors in 2014. The reimbursement scheme applies to persons who have been selected as potential donors by the living donor programme at Beaumont Hospital and to those who, under the clinical supervision of the national renal transplant programme in Beaumont, travel to the UK for a paired kidney donation.

In line with the European Union (Quality and Safety of Human Organs intended for Transplantation) Regulations 2012, a key principle of organ donation is that it should be voluntary and unpaid. However, it is recognised that most living donors incur some financial losses when donating a kidney. The living donor reimbursement scheme is based on the premise that any reimbursement granted does not provide a financial incentive or award to a potential donor. The scheme aims to minimise financial disincentives for such donors as far as is feasible. It provides for the reimbursement of any loss of earnings incurred by living kidney donors as well as of accommodation and travel expenses incurred as a direct result of their donations. Loss of earnings by salaried, waged and self-employed donors incurred from the time that the donation takes place up to 12 weeks post-donation are eligible for reimbursement. A maximum of €10,000 applies in respect of lost earnings. Reasonable travel and accommodation expenses incurred from when the person has been selected as a potential donor, during the inpatient stay when the donation takes place and for up to 12 weeks post-donation are also eligible for reimbursement. A maximum of €6,000 applies in that regard. Reimbursements under the scheme are exempt from income tax. A donor who is in receipt of a payment from the Department of Employment Affairs and Social Protection will continue to have that payment paid for a period of up to 12 weeks after the donation. The living donor reimbursement scheme acknowledges the great generosity of living kidney donors. It aims to cover some expenses of donors while retaining the voluntary ethos of donation.

In the case of people who do not work outside the home, the provisions in regard to travel and accommodation, as well as payments from the Department of Employment Affairs and Social Protection, apply. Further reimbursement is not provided under the scheme. I will revert on the Deputy's specific issues shortly.

That was disappointing. The Minister of State referred to the necessity of not providing a financial incentive or award to a potential donor. I have met the lady in question. Knowing that she would not be reimbursed for the additional cost did not in any way deter her from donating a kidney. Donating is a marvellous thing for someone to do.

A group of people are being discriminated against, and the Minister of State knows as well as I do that women are most likely disproportionately represented in that group. It is a discriminatory practice. While there may not be what would in industrial relations terms be called a de facto loss of earnings, an expense is incurred. Someone must be paid to do the work that Nicola was doing. I should stress that Nicola in no way sought any financial award for this. She gave a marvellous gift to her sibling freely. Following my conversation with her, I am of the view that while the scheme is discriminatory, that is not the Department's intention. There is an anomaly that can be addressed without creating any financial incentive. We are discussing people who could, for example, be caring at home for an elderly relative, children or a family member with special needs. They will have to spend money to get that work done.

It would not be unreasonable to extend the scheme. We are not discussing a large number of people, but a very small one. They are doing a marvellous thing. We all recognise how essential living donors are. There should be some movement on the Department's part in this regard because I do not believe that this anomaly was its intention.

The Deputy probably already had most of the information contained in my reply. I have listened to and understood her concerns. All I can do is relay most of them to the Minister.

As someone with a person in her family who passed away and donated every organ, I understand the difficulties and stresses people experience during what is a time when no one can really put anything together. Having to go to hospital and see someone on a machine, knowing that he or she will never leave again, is very stressful. Thank God, we have people who donate their loved ones' organs.

We must also be respectful of the people the Deputy mentioned, namely, those who stay at home, mind others and do not go to work. Unpaid work, at any rate.

It is an anomaly.

There were 51 living donors of kidneys last year. I have the statistics with me. Many people are willing to change their lifestyles for two or three months after donating a kidney to a loved one.

I will raise the issue with the Minister and ask him to reply directly to the Deputy. I cannot give her a commitment that an alteration will happen, but I understand her concerns.

I thank the Minister of State.

I thank the Deputy for her thoughtfulness on this issue. Perhaps it has been overlooked and we should re-examine it.

The Dáil adjourned at 7.50 p.m. until 2 p.m. on Tuesday, 23 January 2018.
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