Dáil Éireann díospóireacht -
Wednesday, 22 Feb 2023

Vol. 1034 No. 1

Saincheisteanna Tráthúla - Topical Issue Debate

Care Services

Deputy Jennifer Murnane O'Connor

I had a meeting recently with care home representatives in my constituency. I was joined by Deputy Funchion, who apologises for being unable to attend the debate this morning. I will outline the issues raised with us by the people to whom we spoke. Their biggest concern is that care homes do not get the same supports as those available to HSE-funded nursing homes. This is because the fair deal scheme covers only long-term nursing home care. It is important to note that the south east is the only area in the country in which there are care homes. This is an unusual situation, and we are lucky to have these facilities in the region. However, the current situation creates a gap in funding for the homes and increased costs for residents. It is causing a range of problems in general. From speaking to the people involved in the different homes, it is clear there are huge challenges now that were not seen before.

I welcome the announcement this week of once-off funding of €635,000 to assist vital voluntary and community health service providers in Carlow with energy inflation costs. Among the section 39 groups that received some of this funding are Holy Angels Day Care Centre, Barrow Valley Enterprises for Adult Members with Special Needs, BEAM, Services, St. Laserian's House and St. Fiacc's House. This funding will help towards meeting the increased costs that have arisen. These community-based, voluntary health and social care providers play a vital role locally in providing front-line services to some of the most vulnerable members of our society.

It is important that they are not just supported with once-off funding during these challenging times. They will continue to struggle beyond the current energy crisis. I know I have the support of the Minister of State, Deputy Butler, on this issue. Care homes fall under the remit of different areas. I have spoken to her about the situation at St. Laserian's House and St. Fiacc's House in Carlow. Management staff at those facilities were told, following a HIQA request, that they could apply to the local authority for bathroom adaptation grants. However, they were subsequently told that they could not apply for them. That needs to be looked at. This issue does not come not under the Minister of State's remit but I know she will support me on it. It is hard for care homes to find all the extra funding they need.

It was great to see €35 million being allocated for nursing homes, but I was a little taken aback regarding what is happening with the €81,000 that is being divided between ten nursing homes, including some in the Minister of State's area. The care homes in the south east provide excellent community-based care. For many of the residents I speak to, the facilities are like a home away from home. The Minister of State knows this because she also visits them regularly. If they cannot be funded under the fair deal scheme, can we look at whether they might qualify for local authority grants, including adaptation grants and older persons' grants? I ask the Minister of State to join me in again speaking to the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, about this issue. Following inspections, these facilities are faced with big bills to meet compliance requirements, including provision of extra bathrooms and increased staffing levels. They are really feeling the cost of things right now.

Another important issue is that many of the services rely heavily on volunteers. Those volunteers go out bag-packing to raise funds and run draws, raffles and events. The services are really dependent on their volunteers. They are also reliant on community employment scheme participants to service the facilities. I am concerned about their funding and capacity. They do a really good job but facilities that rely on community employment scheme participants are having a massive issue recruiting for their vacancies, which must be urgently addressed. I know the Minister of State is aware of the ongoing issues around pay and conditions in respect of community employment schemes.

I have raised a lot of issues. I thank the Minister of State for taking this matter.

Minister of State at the Department of Health (Deputy Mary Butler)

I thank the Deputy for raising this issue. I am pleased to have an opportunity to speak about the ten supported care homes in the south east. It is not often that I get to put the information on the record of the Dáil. There are ten supported care homes in community healthcare organisation, CHO, 5. These provide accommodation and support services to older people with low to medium dependency levels. They are not nursing homes and they will never fall under the fair deal scheme because they work with people who are free to come and go and who receive support in accordance with their low to medium dependency needs. The residents cannot be maintained independently at home but do not require 24-hour nursing home care. That is the difference.

The ten supported care homes across the south-east community healthcare area provide supported and-or assisted living accommodation for up to 236 people with low to medium dependency needs. It is well documented that these services are highly valued across the wider community, as the Deputy said, and within older person services in CHO 5. The supported care homes remain uniquely positioned in the region, with little to no comparable or equivalent services available to the older person population elsewhere in the country. There has always been, and continues to be, a strong and positive working relationship between the HSE, older person services in CHO 5 and the supported care homes, with ongoing support and engagement provided by the HSE in respect of financial, governance and operational management issues.

Two of the supported care homes are located in Waterford, namely, Holy Ghost Residential Home in Waterford city and St. Carthage's House in Lismore, which provide 102 beds between them. Carlow has two homes, namely, St. Laserian's House in Bagenalstown and St. Fiacc's House in Graiguecullen, providing 36 beds. I recently visited both of those facilities with Deputy Murnane O'Connor. The other six homes, all in County Kilkenny, are: Prague House in Freshford; Mount Carmel Supported Care Home in Callan; St. Joseph's Supported Care Home in Kilmoganny; Rosedale Residential Home in Kilmacow; Gahan House in Graiguenamanagh; and O'Gorman Home in Ballyragget. Between them, these six facilities support 89 beds, with Rosedale also supporting own-door housing for older people.

Supported care homes are an integral part of each community, with local people working in and supporting the residents, many of whom they already know. Having visited many of these homes, the model is one I completely endorse. At a time of loneliness, rural isolation and, for many, bereavement, these homes are, as the Deputy said, a home from home. They support residents to live independently and to be free to come and go as they wish.

Due to a combination of factors, including the Covid-19 pandemic and the unprecedented rise in operational costs in the current economic climate, the supported care home sector is challenged like many other health service providers in regard to workforce planning, increased staffing costs, staff recruitment and retention, and capital investments in premises to meet HIQA environmental requirements and improve infrastructure to meet residents' needs. Even though they are not nursing homes, they come under the HIQA regulations. I thank the voluntary boards of management of all ten care homes and the local communities for their help, support and fundraising.

On Monday of this week, I announced funding to support the ten care homes as part of the inflation fund of €81 million announced by the Minister for Health, Deputy Stephen Donnelly.

These homes received €99,251 between them to support them in meeting financial inflationary challenges in the context of energy costs for 2022. That was money for last year. I am pleased to announce that it is my intention that these ten supported care homes will also be able to avail of the temporary inflation payment scheme put in place to support private nursing homes with energy costs. Each home can claim up to €31,500, minus the amount received under the inflation fund, from July to December 2022. The details of this package for 2023 are being finalised.

Deputy Jennifer Murnane O'Connor

I thank the Minister of State for her reply. I am delighted with that extra funding. It is great for the care homes, as she stated. She has visited many of them, including in Carlow, Kilkenny and her home town of Waterford. I know the passion and commitment she has to ensure care homes are the life and soul of the community and that they will always have funding to keep them open. The biggest issue at the meeting to which I refer was the need to ensure the ten care homes in the south east are secure and that the residents and their families feel secure. They know the great work the Minister of State has done, including through working with the HSE and other agencies. I am delighted that she has announced that scheme this morning. I will certainly be letting all the care homes in my area of Carlow-Kilkenny know that they will be able to apply for this extra funding. I thank the Minister of State. That is excellent.

Deputy Mary Butler

I thank the Deputy for her continued support for and interest in supported care homes. In fairness to the Deputies representing the three counties in question, we all come together to support these care homes. They are unique facilities. Older persons who can no longer live at home but do not need a nursing home can go into one of these facilities, where there are plenty of staff and they can come and go. They can go to the shop for a newspaper. They are provided with three meals a day. The majority of residents have their own rooms. Their medication needs are looked after. That is important.

I point out that the current cost to the State of the care is approximately €200 per resident per week, making this a very cost-effective model of which I am completely supportive. Many years ago, these homes were known as welfare homes but they are now run by community boards and voluntary organisations and get significant support from local organisations. There will always be a cohort of people who present with low to medium dependency needs and may not have family nearby. They may experience poor social networks and be socially isolated. The Sláintecare principle of the right care in the right place at the right time is underscored by these homes.

There are challenges, however. I will not pretend that is not the case. There are challenges in the delivery of financial supports. Last year, I asked CHO 5, which is very supportive of these homes, to compile a report. I have received that report. There was a shortfall in funding for last year. That matter will have to be addressed. I am proposing that the HSE engage in a full and detailed review of a viability study to carry out a full appraisal of supported care homes. If the ten homes were to work together, they would have better economies of scale in the context of governance, insurance and costs, and that is where I will go next.

Vacant Properties

Deputy Pa Daly

In the dying days of Tralee Town Council, there was a focus on housing for the elderly. A scheme was enacted in respect of land at the rear of an old convent in the centre of town that was gifted by the Sisters of Mercy. The development there is called Tobar Naofa. I visited the area last week. There are 56 housing units constructed to the highest specifications, with their own heating system, which also covers some other houses in the area. It has come to my attention that ten of those 56 houses are vacant.

Until 2014, there was a housing officer designated for the town of Tralee. Now, it is not the case that each municipal district looks after its own housing stock and emergency accommodation and homeless; rather, it is done for the whole county. Back in 2014, however, there was a particular focus. Since then, when we have sought housing, particularly for people who are single, separated, elderly, we have been told there is a massive shortage because the Government basically stopped the construction of social housing and there was no focus on it. The reliance on the market meant there were many three-bedroom semi-detached houses but no one-bedroom or two-bedroom houses. This is a most pressing need but ten of the houses to which I refer are currently vacant.

Kerry County Council states that none of those houses or apartments have been vacant for longer than ten months but that is not the case. I can provide details in that regard. I have looked into it and the same thing can be seen throughout the county. I am aware of a house in Killarney that was sold back to the council under a particular scheme three and a half years ago. There are weeds growing up through the garden of that house in Ballyspillane. There are other houses in Ballyspillane that the council owns but they have not been maintained because the funding stream is not there. The freedom the old town councils had is no longer there. It seems that everything has to be channelled through a particular funding stream or else it cannot be done.

Since I looked into the position regarding Tobar Naofa, it has come to my attention that the residents of three or four of the houses there are in long-term care. It was interesting to hear Deputy Murnane O'Connor speaking about the fair deal scheme. There are three or four other apartments, the residents of which are participants on the fair deal scheme. It is a sensitive issue but apparently the resident of one of those houses has been in a nursing home for three years under the fair deal scheme. I am not sure what kind of management of the housing stock in the county is going on, but surely, given the sensitivities, a meeting must be held.

In effect, almost 25% of the 56 houses in question are vacant. These are one-bedroom and two-bedroom top-specification houses for the elderly. They are not like some older houses that were built in the 1970s or 1980s that might need to have windows and doors replaced. All they need is to be painted and for the electrics to be checked. They should be turned around within weeks rather than months but that is not happening. Who or what is managing the situation?

Minister of State at the Department of Housing, Local Government and Heritage (Deputy Kieran O'Donnell)

I will read out the written response and then address the specific case raised by the Deputy. With the ever-increasing demand for social housing accommodation to meet housing need, the management of vacant properties in local authorities is an important function. In accordance with section 58 of the Housing Act 1966, local authorities are legally responsible for the management and maintenance of their housing stock, including pre-letting repairs to vacant properties, the implementation of planned maintenance programmes and the carrying out of responsive repairs.

Statistics published by the National Oversight and Audit Commission, NOAC, in its annual report on performance indicators in local authorities and relating to 2021, show that there are more than 140,000 local authority-owned social housing properties in the State. The proper management and maintenance of these State assets by local authorities is important. Returns from local authorities in 2022 indicated that 5,200 local authority properties, or less than 4% of the overall stock, were vacant on 1 January last year. However, it is important that any potential to get vacant units back into use quickly is pursued by local authorities with the utmost speed. The Deputy has highlighted examples in that regard.

Although local authorities have an obligation to manage and maintain their stock from their own funding, my Department supports bringing a targeted amount of vacant local authority dwellings back to use as quickly as possible each year through the voids programme, which is an additional support to local authorities in tackling vacant properties.

This programme was originally introduced to tackle long-term vacant units and is now increasingly targeted to support authorities to ensure minimal turnaround and re-let times for vacant stock identified under the voids programme, separate from the Department's social housing regeneration programme.

With regard to Kerry County Council, as of the 31 December 2021, again in the context of the latest NOAC report, the percentage of the total number of local authority-owned dwellings that were vacant was 3.51%, making it the 19th lowest rate nationally out of 31 local authorities and slightly above the national average of 3.16% for local authority stock according to NOAC figures. I looked at the report. Total housing stock was 4,390. If we take 3.51%, we are looking at approximately 154 houses vacant at the end of December.

From 2014 to 2021, expenditure of €8 million was recouped by Kerry County Council under the voids programme, which funded the return to productive use of 723 units. If the Deputy looks at the report, he will see that it shows that 40 of those units were returned in 2022 and 50 were returned in 2021. The report is a public document.

With the available Exchequer support, I am keen that Kerry County Council and all other councils tackle vacancies and minimise turnaround times in order that properties can be re-let to those on the waiting lists. The Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, wrote to all local authorities last October requesting that they implement, as a matter of urgency, the appropriate range of measures to reduce the level of vacant stock and the time involved in letting new stock or re-letting existing stock.

Deputy Daly referred to Tobar Naofa, which comprises 56 units. He said that 46 of those are occupied but that three or four of the residents are in nursing homes. We can follow up on that matter.

I have outlined the overall situation in Kerry, but we can follow up the specific issue with Kerry County Council. If the Deputy wants to make a formal submission on it to me, we can communicate directly with the council on it.

Deputy Pa Daly

I read the Minister of State's reply, but what is not stated is the average length of time it takes Kerry County Council to turn around a vacant house. I understand that we have to deal with families and that there are items left behind, which is sometimes the case. In Tobar Naofa, there ten units are vacant. One vacant house facing onto the Dean's Lane side of the complex has been vacant for two years. It was constructed eight or nine years ago and would not need significant work in order to turn it around. Someone may have had a painting on the wall. Perhaps it needs a lick of paint, but that is about the height of it.

There is another problem in that the council does not employ any painters. There may be a problem getting painters, but it is not acceptable to have such a long delay. It may very well be the case that the figures are as low as possible, as the Minister of State outlined, but I do not think that is the case. The turnaround time seems to be at least nine to 12 months. That might be okay where a complete retrofit is required, but it is not acceptable for all houses. Are targets being set by the Government to make sure that houses are turned around as quickly as possible?

My view is that the abolition of the town councils has been a disaster for all types of housing management, in particular in Tralee, Killarney and Listowel. I dealt with a man from another part of Kerry recently who was made homeless. He was told that the only emergency accommodation is in the town of Tralee. That seems to have been the case for a long time. Even if a person is living on the Ring of Kerry or in north Kerry, the only place available is 40 miles or 50 miles away from their homeplace. That is not what is required. We need to do better.

Deputy Kieran O'Donnell

I am aware of the point the Deputy raises. I have listened very carefully to him.

With regard to the voids programme, my Department is satisfied that Kerry County Council has been well supported in its efforts to bring social housing stock back into much-needed productive use. Given the significant investment in the voids programme over recent years, local authorities should be in a strong position to begin the transition to a strategic and informed planned maintenance approach to stock management and maintenance. To this end, the Department and local authorities are working to transition from a largely responsive and voids-based approach to housing stock management and maintenance, to a planned maintenance approach, as referenced in policy objective 20.6 of Housing for All. This will require the completion of stock condition surveys by all local authorities and the subsequent development of strategic and informed work programmes in response.

The Minister wrote to all local authorities last October on the issue of voids, seeking for them to expedite the process. There will be a further follow-up to put in place a proactive programme that would look at individual properties to see what can be returned to use. We cannot have a situation where we have properties left vacant for an inordinate length of time. The Deputy accepts that certain properties will take time but we will certainly follow up the case he highlights in Tobar Naofa with Kerry County Council.

The process has started this year and a further €5 million in funding has been ring-fenced for planned maintenance under this year's planned maintenance-voids programme to support the implementation of an ICT asset management system for the local authority sector and to provide a funding contribution for the commencement of stock condition surveys. That very much feeds into the point highlighted by the Deputy. We need local authorities to get granular in respect of individual properties. If there is a genuine case for work taking time, that is fine, but we cannot have a one-size-fits-all approach. The Deputy can take it that we are very much on the same page. We want to see voids returned as quickly as possible. The process is moving from being a responsive one by the local authorities to a proactive one so that at all times they will have a minimum level of vacant stock within the system.

An Leas-Cheann Comhairle

With the permission of the House I will take the fourth matter before the third because the relevant Minister is not yet present. Is that agreed? Agreed.

Legislative Measures

Deputy Thomas Pringle

It is a good job I was in a wee bit early.

It is more than a year since the rushed, two-day pre-legislative scrutiny process relating to the general scheme of what became the Assisted Decision-Making (Capacity) (Amendment) Act 2022 took place. On 15 and 16 February 2022, the Joint Committee on Children, Disability, Equality, Integration and Youth heard from key stakeholders, including disabled people, on the provisions in the proposed Bill. At the time, there was significant concern from disabled people about the inaccessible and rushed nature of the pre-legislative scrutiny process; about the lack of easy-to-read documentation detailing the changes to the Assisted Decision-Making (Capacity) Act 2015; and about the lack of consultation with disabled people themselves. At the time, we were told that there was a deadline for commencement in June 2022 and that there was a court case on hold, pending the commencement of capacity legislation. That deadline was extended, which was welcome, as the Seanad and the officials at the Department of Children, Equality, Disability, Integration and Youth considered amendments.

The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was finally signed into law by President Michael D. Higgins on 17 December. One would think that by now, almost in March 2023, people would be realising their rights to have presumed capacity and decision-supports rather than decisions being made for them or being made wards of court. One would think that but, unfortunately, it would not be true because we are still waiting for the full commencement of the 2022 Act and the 2015 Act. That is utterly unacceptable.

If we take a step back, eight years ago to be precise, the Assisted Decision-Making (Capacity) Act 2015 was signed into law. It was seen to be progressive, person-centred and a move away from the paternalistic control exerted over some people's decisions. The 2015 Act was to make Ireland compliant with human rights obligations - in Bunreacht na hÉireann as well as in international conventions. Wardship was to be abolished. The Decision Support Service, DSS, was to be set up. People were to be presumed to have capacity in decision-making. Health and social care workers were going to be expected to take all practical steps to assist a person in making a decision for themselves. Capacity assessments were to be used as a last resort. A person's will and preferences was to be respected. Advance healthcare directives were to have legal standing.

Older people, disabled people and all people with decision-making support needs waited patiently for full commencement and they are still waiting. Since the 2015 Act was signed into law, Ireland has ratified the UN Convention on the Rights of Persons with Disabilities, UNCRPD. On 7 March 2018, the Dáil passed the motion for the ratification of the UNCRPD. We are approaching the fifth anniversary of ratification.

The original Act was passed eight years ago, but people are still being taken into wardship, still not having their will and preferences respected and still left in limbo about when this legislation will come into effect. How is that fair?

That is not to say the legislation is perfect, fully United Nations Convention on the Rights of Persons with Disabilities, UNCRPD, and human rights compliant. It certainly is not. The Opposition tabled many amendments last year to try to improve the legislation. One example is the amendment to extend provision to people with mental health difficulties. A small compromise was reached on that matter, but 16 and 17 year olds are still excluded from the provisions which is completely contrary to the State's obligations and commitments under the UN Convention on the Rights of the Child. When will the Act be fully commenced? Will the Minister give a date at some point in the near future that will allow everyone to prepare for the coming changes? Why is it taking so long especially as the Government had self-imposed tight timeframes which distressed some people and excluded some people from taking part in the process? The timeframes were given as a reason for not accepting Opposition amendments? Now everyone is still sitting around unsure as to when their will and preferences will be legally upheld. It needs to make sense.

Minister for Children, Equality, Disability, Integration and Youth (Deputy Roderic O'Gorman)

I welcome the opportunity to address the House today on this issue. The Assisted Decision-Making (Capacity)(Amendment) Act 2022 was signed into law on 17 December 2022. It paves the way for the commencement of the Assisted Decision-Making (Capacity) Act 2015. This legislation will bring about major reform in Irish society. It will have a significant impact on those who lose or have lost capacity to make decisions that impact on their lives. The existing law on capacity will be changed from the status approach of the wardship system to a flexible functional approach whereby capacity is assessed on an issue and time-specific basis. Commencement of the 2015 Act will abolish the ward of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults who are currently in wardship will transition to the new decision-making support arrangement on a phased basis over three years from the date of commencement. Wardship will be replaced by a new model of tiered decision-making supports for persons lacking capacity to ensure they have the necessary assistance to make important everyday decisions.

The 2022 amendment Act addresses a number of issues identified as part of the original commencement process. Many of the amendments are technical in nature and focus on streamlining processes in the interests of those using the Act. The changes will allow the Decision Support Service to undertake its role more effectively and will reduce the administrative burden under the 2015 Act. Amendments will also improve safeguards for those making decision-support arrangements and further enshrine the concept of will and preference within the 2015 Act.

Separately, the 2022 Act has been used to progress certain provisions formerly included in the Disability (Miscellaneous Provisions) Bill 2016 which lapsed at the dissolution of the last Dáil. These include measures for closer compliance with the UNCRPD, doubling the target for the employment of persons with disabilities in the public service from 3% to 6% and a range of other measures. Following the passing of the 2022 Act a number of statutory instruments must be signed into law. They include five separate sets of regulations which must be drafted in advance of the commencement. I can confirm that my officials are currently engaging with the Office of the Parliamentary Counsel to progress the necessary statutory instruments. That drafting work is under way. There is a recognition that commencement of the 2015 Act will lead to a direct increase in applications being made to the Circuit Court, particularly in terms of Part 5 decision-making representative applications. With this in mind, I recently commenced a specific provision in the 2022 Act, providing for an increase in the number of judges who can be appointed to the Circuit Court to ensure sufficient resources are available to manage the increased workload associated with the commencement of this legislation.

The Decision Support Service, which is the organisation that will operate the 2015 Act, will respond to the complex decision-making needs of persons with capacity difficulties. The preparations of the Decision Support Service have gone well and it is currently finalising its progress for the commencement of the Act. Significant work is also under way in the HSE and the Courts Service in preparation for commencement. Each of these organisations is also undertaking awareness-raising and training within their respective remits. A high-level steering group, chaired by my Department and comprising senior officials from relevant Departments and organisations, is overseeing the final preparations in advance of commencement of both the 2022 Act and the 2015 Act. The completion of the above preparations will provide a pathway to commencement and I expect to make an announcement on full commencement at the earliest possible opportunity.

The Government recognises the importance of the much-needed and long-overdue reform the Act represents and remains committed to commencing the 2022 Act and implementing the 2015 Act in the near future.

Deputy Thomas Pringle

Unfortunately, the Minister’s response lacks any definitive dates on when people can expect this Act to come into being. At this stage, and given the fact the 2015 Act has been passed and the Bills had to be rushed through the Houses, it is sad that people cannot have a date they can work towards to ensure they can be ready for the Act coming into being. This Act will make a huge difference to people. The Minister and I can make mistakes. We are allowed to do so and to make our own decisions in relation to those mistakes, but these people are not. They should be recognised as having the capacity to do so. The UN has said they should and our Constitution probably also states they should. We need to step up and make that happen.

I note that in his response, the Minister mentioned that he recently commenced a specific provision of the 2022 Act providing for an increase in the number of judges. Have they been appointed? Are they in place yet? That will obviously be a delay and appointing people and staff is probably the main delay at the moment. This Act was known about. People have known for years that this Act was coming in. When the legislation was going through this House, it was rushed through and the Minister said we had to get it done. All these organisations have had to sit on their hands since, waiting for the commencement notice or whatever to be made. That is simply wrong.

Will the Minister address whether all sections of the Act will be implemented and commenced at the same time? We have seen across all Departments that large parts of Acts that have been rushed through and passed, sit uncommenced for years. That is simply wrong and I am afraid it could happen with this Act as well.

Deputy Roderic O'Gorman

We have had a discussion before about the Deputy's assertion that the Act was rushed. We took longer because of issues Deputy Pringle and other Deputies raised.

Deputy Thomas Pringle

I had to raise them.

Deputy Roderic O'Gorman

The Deputy wanted more time and we gave more time. We tabled amendments and changed the Act. The Deputy said it was not a perfect solution but it was a significant change. That must be recognised. The reason this is behind is that I listened to what Deputies said and took additional time. The Government could have decided to rush it through before the summer recess - it had the numbers - but it did not. We responded and made changes accordingly. It is important that be recognised.

We have commenced the provision on the appointment of the Circuit Court judges, which will address the needs of new people entering the system, and the appointment of decision-making representatives. The Minister for Justice and I discussed this in recent weeks. They have not been appointed yet but the Judicial Appointments Advisory Board, JAAB, process for the appointment of these Circuit Court judges is in operation and I hope to see them appointed soon. Five quite complex sets of statutory instruments must be enacted to ensure this works. They are being drafted at the moment. They had to reflect the final draft of the legislation.

I appeared before the Joint Committee on Disability Matters a number of weeks ago and made a commitment that, once I had a clear sense of when each of the five statutory instruments will be ready, I would write to it and set out how we propose to progress the commencement of the Act. It is my intention that we commence all elements. I am aware the 2015 Act has lain uncommenced for seven or eight years and that is not what I want to see. I want to see this system to be operational and fully running.

I do not have a specific date today. I believe I will have one in the next two or three weeks. I will write to the Joint Committee on Disability Matters as I have made a commitment to inform its members and I can copy the Deputy in that correspondence as I know this issue is of interest to him.

Deputy Thomas Pringle

The key issue is to have a date for implementation. I acknowledged in my opening statement the fact the Minister delayed the introduction of the Bill due to the concerns of the Opposition. However, even with that delay built-in, did the Government sit on its hands and wait for legislation to be passed? A lot of things could have been done to get this implemented. People are waiting for this. I know the Minister is aware of that and that he is concerned about it, but people have been waiting a long time. They have watched this process taking place but they do not know what is happening. I urge the Minister to forward the correspondence to me as well, if he does not mind. I would appreciate that as it is important.

I realise the Minister wants commencement to happen but all the legislation should come into effect urgently. Too often we see legislation passed without its being commenced. That is a big problem.

The Opposition has problems in that the legislation does not go far enough. That was fleshed out during the scrutiny process. To see how the arrangements will operate, we need all the legislation enacted and people to be able to avail of the services and determine what they can actually get. I look forward to it. I hope that, before too long, the Minister will announce a date and that we will see progress.

An Leas-Cheann Comhairle

I think Deputy Pringle benefited from the fit of coughing with extra time.

Deputy Thomas Pringle

I was keeping a very good eye on the time.

Antisocial Behaviour

Deputy Aengus Ó Snodaigh

On Monday afternoon, in broad daylight, there was another attack on Ballyfermot gardaí. This was the third such high-profile attack in the past few months. There have been others over the years. I wish the injured gardaí a speedy recovery. The attacks in no way represent the good people of Ballyfermot and Cherry Orchard, who are as aghast as the rest of us over what occurred when a gang took over one of the busiest junctions in the area under the pretext of a funeral. Obviously, a family is grieving and obviously the friends of the deceased are hurting but that is no justification for the lawlessness captured on the footage, distributed on social media, of what happened in the vicinity of the church and schools locally. It is footage of criminal damage and the rallying of motorbikes in the flowerbeds of the roundabout. The galling attack on two gardaí who had gone to the aid of a woman who had been knocked over by one of the motorbikes was a big blow for us. It beggars belief; something has gone wrong.

The need for more gardaí and action against the lawlessness are obvious, but there is also a need for additional services and to address the underlying problems and issues that cause lawlessness of this scale in a community in a big city.

The problem is that there have been many promises, so communities feel let down. Only before Christmas, there was to be an implementation body to deliver change. What is the position on that? Where are the resources and the additional gardaí to ensure this activity does not happen again in an area that is already suffering from a lack of services and everything else? The area should not have to suffer from a lack of gardaí and no response to lawlessness.

Deputy Patrick Costello

Yes, there has been yet another attack on gardaí doing what they could to protect the good people of Ballyfermot and Cherry Orchard. There is disgust and revulsion in the community because of the attack. The words of the Garda Representative Association come to mind. It has stated gardaí feel vulnerable on the streets. We have seen a 25% decline in the number of gardaí in the area in the past few years. If gardaí do not feel they have other gardaí standing beside them, they will feel vulnerable, which will affect the Government’s recruitment aims. We need to get recruitment going again so we can get more gardaí into the community in question.

A Cherry Orchard implementation board was promised. I submitted a parliamentary question last week to seek an update from the Minister on it. If we had had knowledge of the position on the plan and there had been progress, maybe we could have avoided these scenes yet again. These issues emerged owing to scramblers. While we have given the Garda more powers to confiscate scramblers, we need to ask whether we are doing enough to control them and whether we should be considering controls or limitations at the point of sale? Ultimately, while we have given the Garda more powers, those powers can be used only if there is a sufficient number of gardaí and if they feel sufficiently safe and able to use them. They will feel that way only if there are enough gardaí in Ballyfermot supporting each other and the community.

Minister for Justice (Deputy Simon Harris)

I thank the Deputies for raising this issue and for their ongoing engagement on it. Like everyone in this House, I am absolutely clear that the criminal events in Ballyfermot this week – that is what they were – were completely unacceptable. I absolutely acknowledge that the activity was not in any way reflective of the good, decent people of Ballyfermot. I share their revulsion over what happened this week. People have rightly been appalled over the lack of respect for the community living in Ballyfermot and the gardaí working there to keep it safe. We will always support communities affected by such crime and antisocial behaviour, as we did recently with the establishment of the Cherry Orchard implementation board. A lack of respect for An Garda Síochána and the rules by which decent, law-abiding citizens live their lives will not stand. An Garda protects all of us, and gardaí put themselves at risk in keeping us safe.

Any misplaced belief that members of An Garda Síochána can be threatened, attacked or run out of the communities they proudly serve will be met with an extremely firm response. No person is beyond the reach of the law, and those showing contempt for An Garda Síochána will be fully investigated. I urge anyone with information to report it to An Garda Síochána.

My thoughts are with the garda attacked in the course of duty on Monday. As the investigation remains ongoing, I will not comment further on the specific case, but I want to wish the garda in question a full and speedy recovery. Front-line workers must be protected in carrying out their work, and the law reflects the importance of this. There is a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against front-line workers, and I have had discussions with the Garda Commissioner on how we can do more in this regard.

This Government is committed to increasing the maximum penalty available for the offence of assault causing harm from five years' imprisonment to ten years' imprisonment. This will provide the courts with a more appropriate range of sentences to take account of the nature and gravity of assaults that fall under this offence category. This change will be introduced by the Criminal Justice (Miscellaneous Provisions) Bill 2022, which is currently before the Houses.

The Deputies may also be aware that an assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces constitutes an offence under section 19 of the Criminal Justice (Public Order) Act 1994. A person convicted of such an offence on indictment would be liable to a fine or to imprisonment for a term not exceeding seven years, or both.

I will be meeting Garda representative associations in the coming week. Starting today, I will be meeting chief superintendents and superintendents. I will be meeting representatives of the Garda Representative Association and the Association of Garda Sergeants and Inspectors in the coming days and will discuss with them how I, as Minister for Justice, and the rest of the Government can support them and keep them safe. I rule nothing out in this regard. This includes the absolutely crucial provision of body-worn cameras. I intend to enact legislation to allow for body-worn cameras in the coming months to allow the Garda Commissioner to begin a pilot later this year.

I reassure the Ballyfermot community that a policing plan remains in place in the area to ensure the safety of local residents. This plan will continue to effectively address criminality and public order offending by focusing on prolific offenders through specific operations that result in preferring criminal charges. I have been informed by the Garda of a number of incidents involving dangerous driving and reckless endangerment on Monday. I understand two men were arrested regarding incidents of dangerous driving, two motorbikes were seized and files are being prepared for the DPP.

I am assured by the Garda authorities that an ongoing local policing presence under Operation Préachán remains in place in Ballyfermot. Operation Préachán was initiated in August last year to detect and prevent criminal activities in the area, with a focus on car-related crime, criminal damage, dangerous driving and public disorder.

In November last year, the Minister without Portfolio, Deputy McEntee, and the Minister of State responsible for law reform, Deputy James Browne, announced the establishment of a new group to implement and co-ordinate supports for the Cherry Orchard community. Mr. Brendan Foster, the current chair of the Cherry Orchard Development Group, is to head up the new Cherry Orchard implementation board, whose model will be similar to the Drogheda Implementation Board, whereby an independent chair is working with Departments and agencies to progress projects and initiatives to improve safety and well-being. I am informed that the chair, supported by Dublin City Council and my Department, has been consulting locally to identify members and supports needed for the implementation board.

Deputy Aengus Ó Snodaigh

I want to concentrate on the implementation group, the Cherry Orchard group that is to be headed by Mr. Brendan Foster. There is urgency. When the Minister without Portfolio, Deputy McEntee, announced the group in December, she understood the need for urgency to ensure the community would understand that action is being taken. While the current Minister said Operation Préachán is ongoing, the high-level public order unit disappeared as one cannot have public order policing as a norm. However, the number of gardaí has dropped and the overtime has dropped. In fact, Dublin City Council had to pay for bicycles for the gardaí. That is the state of it.

There is an urgency about this. We need to hear when this team is going to be up and running and when some of the actions already promised by Dublin City Council and Government are going to be delivered.

Deputy Patrick Costello

I thank the Minister for his response. Several Ministers have come to Cherry Orchard to see for themselves what is going on. The Minister of State at the Department of Justice, Deputy James Browne, and the Minister without Portfolio, Deputy Helen McEntee, have done so. They announced the implementation board which the Minister mentioned in his response but very little has happened. While there may be stuff happening behind the scenes, it is certainly not impacting or filtering through and the community is not necessarily seeing the benefit of that. Part of that is about community confidence in the process and community confidence in the Garda. In the short term, we need to accelerate the work of the implementation board and accelerate the provision of resources available to the Garda. In the medium term, we need to think about the wider social supports while in the long term we need to think about the wider social inequality in Ballyfermot and Cherry Orchard. We need to address all of those issues, but certainly in the short term, there is a need to accelerate the work of the Cherry Orchard implementation board and ensure it has the resources to do what it needs to do.

Deputy Simon Harris

The criminal acts carried out in Ballyfermot the other day were the responsibility of those who decided to carry out those criminal acts and attack members of An Garda Síochána and injure a serving member, to whom we all send our best wishes and wish a speedy recovery. I am very satisfied that the full rigours of the law will apply in that case. I have already outlined the active investigation that is under way, including people being arrested, bikes being seized and files being prepared for the DPP. That is the right and proper policing response to a situation which everybody has been repulsed by.

I heard very clearly what both Deputies said on the importance of momentum, if I may call it that, behind the Cherry Orchard board and the project announced last November. I assure them that the Minister without Portfolio, Deputy McEntee, the Minister of State at the Department of Justice, Deputy Browne, and I are all committed to this. I will meet with the chair shortly but I assure the Deputies that the action to recruit the members of the board and engage locally is very much under way.

I reiterate that the Drogheda model has worked really well. In my other role, as Minister for Further and Higher Education, Research, Innovation and Science, I have seen how that has made real progress in Drogheda. This is the model we are trying to replicate here.

On the issue of Garda numbers, we want to recruit 1,000 new gardaí this year. That is our aim. It will see more gardaí in every community across the country. That is what we are trying to do here. While I accept the issue about Garda numbers, specifically in Ballyfermot, the numbers for the division Ballyfermot is in have actually risen. How those resources are deployed is a matter for the local chief superintendent. I will feed back the concerns of the Deputies.

On the issue of overtime, which Deputy Ó Snodaigh raised, we have increased the overtime budget for An Garda Síochána by €5 million this year, which brings the total budget to more than €100 million. We will stand firmly with the community of Ballyfermot. We will support the gardaí in their work and ensure they have the resources. We will get more recruits in and that is an active priority for the Garda Commissioner and me. I take the point about the Cherry Orchard implementation board and I am happy to keep both Deputies up to date in the coming weeks.