Dáil Éireann díospóireacht -
Tuesday, 28 Mar 2023

Vol. 1036 No. 1

Saincheisteanna Tráthúla - Topical Issue Debate

An Garda Síochána

Deputy Frankie Feighan

I welcome the Minister for Justice, Deputy Harris, and thank him for taking this very important issue. I remind the House that making Sligo Garda station a divisional headquarters was an issue before I became a Deputy for Sligo-Leitrim in February 2020. My predecessor, Tony McLoughlin, pressed this issue very hard during his time in the House. In fact, the Office for Public Works, OPW, purchased a site for a new divisional headquarters in Caltragh in Sligo. In recent years, some major refurbishments and renovations have taken place at the current station on the Pearse Road in Sligo. This follows major protests from serving gardaí, resulting at one stage in a walkout. I thank the Minister and the OPW for the allocation of funding to date, but as the saying goes, there is "a lot done, more to do" in regard to Sligo Garda station.

I raised this matter in July 2020 with the Minister for Justice, Deputy McEntee. At the time, matters were outlined to me as follows. I was told that it was important to be clear that the Garda Commissioner was by law responsible for the management and control of An Garda Síochána and the effective and efficient use of Garda resources, and that the OPW had responsibility for the provision and maintenance of Garda accommodation.

The decision not to proceed with a new Garda station in Sligo as part of the Garda PPP programme was made by the Garda Commissioner in his capacity as Accounting Officer and as the person responsible, by law, for the allocation of Garda resources. The decision was taken in the context of significant reorganisation of Garda resources, which underpins the new Garda operating model announced by the Garda Commissioner last year.

As part of the reduction of bureaucracy and the streamlining of administrative processes under the new operating model, the number of Garda regions and divisions is being reduced, and Sligo Garda station will be neither a regional headquarters nor a divisional headquarters. Consequently, Garda management has decided a building of the scale envisaged under the original PPP programme is no longer operationally required in Sligo and that the allocation of public funding for such a project can no longer be justified. This decision was communicated to the Department by letter on 2 January 2020. I am informed that, in order to ensure adequate accommodation to provide an effective policing service in Sligo, the existing Garda station is undergoing a very extensive refit, overseen by the OPW.

Since 2017, well over €1 million has been spent on the current Garda headquarters. I ask the Minister to examine, in conjunction with the OPW, more options to expand the current facilities at Sligo Garda station although a site is presumably still owned by the OPW at Caltragh. I am still concerned that the facilities at Sligo Garda station need further expansion. The possibility of acquiring more space to the rear to expand the facility should be considered. If possible, the campus should be returned as divisional headquarters.

Furthermore, I am concerned that the armed response unit is not based in the county. There is an opportunity to locate it in either Ballymote or Tubbercurry, which have space and are not too far from the Sligo Garda station. There is deep disappointment over what many feel is the downgrading of Sligo's status as a regional city and the capital of the north-west region because of the decision by the Commissioner in 2020. We are all aware of the crime statistics for the region. I hope this matter will be addressed. A review of the 2020 decision is now required.

An Ceann Comhairle

I thank the Minister for being here for this important matter.

Minister for Justice (Deputy Simon Harris)

I am pleased to be here. I thank Deputy Feighan for raising the issue. Like him, I recall the contribution of our former colleague and friend Tony McLoughlin on these issues.

I thank Deputy Feighan for engaging with me on this issue over recent weeks and months. As he will appreciate, and as outlined in his contribution, the Garda Commissioner is responsible in law for the management and administration of Garda business, which includes all operational policing decisions. The Commissioner is also responsible for the distribution and stationing of An Garda Síochána throughout the State. As Minister for Justice, I rightly play no role in these independent functions and do not seek to direct or influence the Commissioner in these matters.

I am advised, however, that Garda management keeps the distribution of resources under continual review to ensure their optimum use in light of identified operational needs and emerging crime trends. I am informed that community policing resources rose by 50% between 2017 and last month in the Sligo-Leitrim division. I am further advised that the division has benefited from an increase of almost 60% in Garda civilian staff over the period 2015 to February of this year, and this significant rise in civilian resources is undoubtedly a most valuable support to Garda members in the area in recent years. There is, contrary to what one sometimes hears, a very significant upward trend in Garda class size in Templemore. As we continue to see the number of recruits in Templemore rise, I look forward to Sligo benefiting from a greater Garda presence and more Garda resources.

The Garda operating model is being introduced as part of A Policing Service for the Future, which is the implementation plan based on the report of the Commission on the Future of Policing in Ireland. The new model introduces major changes to the structures of An Garda Síochána. The aim is to provide more front-line gardaí, increased Garda visibility and a wider range of policing services for people in their local areas. It will particularly enhance the investigation of crime through the delivery of a greater range of specialised services in local areas, such as the investigation of sexual crime, domestic violence, cybercrime and economic crime. We must not have circumstances in which these are all just national functions; we actually need to make sure these specialist services are also available in local areas, particularly in the important areas outlined.

The operating model is designed to make each division the central unit of policing administration, which contrasts with the current smaller district model, to benefit from greater scale. The main benefits of the model will be the streamlining of administrative processes and a reduction in bureaucracy, which will allow for the release of gardaí from back-office functions to the front line.

The rolling out of the new operating model will result in a reduction in the number of Garda divisions from the current 28 to 19, with each comprising four functional areas, namely, community engagement, crime, performance assurance and business services. Each division will for the first time have a superintendent dedicated to crime, a superintendent dedicated to governance and performance assurance, and a number of superintendents in charge of community engagement. I really want to see us get back to good, old-fashioned community policing, whereby, no matter where you live in Ireland, be it a city, town or village, you know the name, contact number and email address of your community garda and how to get in touch with him or her. That is the real benefit of the new model from a front-line policing point of view.

An Garda Síochána has committed to ensuring superintendents will be in locations throughout a division and not all located in divisional headquarters. An important message for the people of Sligo is that there will be superintendents throughout the division, rather than having them all sit in headquarters.

The headquartering of the armed support unit is also an operational matter for the Commissioner but I am assured there are currently sufficient resources available to the unit.

I suggest to the Deputy, in light of his raising this important matter here this evening and in the knowledge that I am due to visit Sligo shortly with him as part of a significant advance I am making while wearing my other hat regarding St. Angela's College and all the good work being done there, that we visit the Garda station in Sligo, meet the local Garda team and public representatives and see how best we can assure gardaí and indeed the Sligo community of the benefits of the new model and support them with any resources they require.

An Ceann Comhairle

It sounds like a very good idea.

Deputy Frankie Feighan

I am disappointed with the response. I really feel Sligo should be a divisional headquarters. The headquartering of the armed support unit in Tubbercurry or Ballymote, or elsewhere around Sligo, is very important.

I come from a family and tradition that are very proud of the men and women of An Garda Síochána. My grandfather was one of the first gardaí. We have always had great respect for the Garda. The Garda saw very difficult times and held the line for democracy in this country. That is something I will never forget. Respect is evident among the people in Sligo, the west in general and the country as a whole.

I feel the decision made was not made in the best interests of Sligo or the region. Again, I ask the Commissioner and the Garda, for which I have great respect, to revisit this matter and consider the available resources. I have met representatives from the Garda Representative Association, many gardaí and many of the stakeholders. I listen to what is said on the ground and genuinely believe we should have had a new state-of-the-art Garda station at Caltragh, maybe working with the National Ambulance Service. It would have made great sense.

As the only Government Deputy in a constituency covering Sligo, Leitrim, north Roscommon and south Donegal, I believe the Government would be able to get the required funding. It is not that the Minister can talk to the Commissioner but I ask that the matter be revisited because I do not believe funding for a new Garda barracks should be an issue, albeit that a lot of money has been made available for upgrading.

The Minister is very welcome to Sligo. I invite him to visit Sligo Garda station. If he is looking for directions, it is across from my constituency office, on Pearse Road.

An Ceann Comhairle

I would say he will have no bother finding it.

Deputy Simon Harris

I thank the Deputy and commend his family's proud tradition of service with An Garda Síochána. There is no greater service given than that of the men and women of An Garda Síochána in keeping our country and people safe. They have done so proudly through community policing for 100 years. We are all very conscious of and grateful for that.

Divisional headquarters have moved from my constituency to the neighbouring county but I know when I talk to constituents, neighbours, friends and fellow public representatives that they want to know whether there will be more gardaí on the beat and fewer sitting behind desks doing paperwork and other office work. They also want to know whether there will be more community engagement and more Garda vehicles. For me, the Government and our party, that is at the core of what policing has to be about.

I believe the new operating model will help to get us there. It is quite rightly a matter for the Garda Commissioner to decide where divisional headquarters are located and how he distributes Garda resources across the country. I am happy to convey the Deputy's view to him, although I think his position on it is quite clear. Lest there be any confusion or misrepresentation by others on this issue, that is not to say that the gardaí and people of Sligo do not deserve a Garda station that recognises the significance of Sligo in terms of its population and the importance of Sligo in terms of our national development plan and its being a gateway for the north west. I would be very happy to visit the Garda station with the Deputy - across from his constituency office - and meet with the Garda chief superintendent and superintendents. My office will be in touch to make those arrangements.

Inspector of Prisons

Deputy Jackie Cahill

The Office of the Inspector of Prisons is a statutory body that is independent in how it carries out its work and was set up under the Prisons Act 2007. Its mission is to support excellence in delivery and outcomes of Ireland's prisons through an independent programme of inspections and investigations. The Office of the Inspector of Prisons rents an office in Dublin that will not facilitate the expansion of this body. It also has an office in Nenagh in my constituency that could easily be expanded and increased space found for much less cost than relocation and expansion in Dublin would cost.

The Office of the Inspector of Prisons is set to expand considerably to include all places of detention. This means that prisons, courthouses and Garda stations will fall under its remit. This will require additional staff and a large space to operate out of to offer the much-enhanced operations of this public body. With the increased remit of this office and growing staff and responsibility, the location of this office is a decision that must now be made.

Its current location in Nenagh should be retained and expanded. I believe it would be an aggressive move to centralise its office back in Dublin. It would be costly for the Exchequer and would result in further centralisation of one of the bodies of the State in the capital. Government policy is decentralisation and this is one that can easily be done.

Nenagh is centrally located and easily accessible. It is on the motorway and has an array of services. This will be vital to the future efficient and effective management of the Office of the Inspector of Prisons when it undertakes its new functions to oversee all places of detention in the country.

As such, I am calling on the Minister to ensure that the Office of the Inspector of Prisons is retained in Nenagh with an increased workforce and capacity. Nenagh is an ideal location for the office. It will be able to service the length and breadth of this country and will ensure that a cost-effective solution can be found in the physical expansion of the office. Like the previous speaker, we have lost our chief superintendent. A county the size of Tipperary now has no chief superintendent based in it and our chief superintendent is operating out of Ennis. We can see already that we are suffering in terms of resources because of that. I strongly appeal to the Minister to retain these resources in Tipperary. He should retain the Office of the Inspector of Prisons in Nenagh and invest in and expand this office as part of the growing functions of the Office of the Inspector of Prisons.

Deputy Simon Harris

I want to thank Deputy Cahill for raising this important issue. I will certainly seek an update on Garda resources for County Tipperary because I am conscious that Tipperary is the home of Garda recruitment. The Deputy and I have visited the Garda College in Templemore and the Deputy knows it very well. We will visit it again shortly as we welcome more Garda recruits into it in May.

Oversight and evaluation are welcome and important elements in developing and improving our penal system. The work of the Office of the Inspector of Prisons forms an essential aspect of this oversight infrastructure. As has been proven over many years, this Government is committed to ensuring that the Office of the Inspector of Prisons has the resources necessary to perform its important role. I can assure the Deputy that both my Department and I are committed to continuing to engage with the Inspector of Prisons to ensure it has the resources necessary to undertake its work both now and into the future.

In this regard, as the Deputy will be aware, the programme for Government includes a commitment to ratify the Optional Protocol to the UN Convention against Torture, OPCAT. This protocol provides for the establishment of bodies known as national preventive mechanisms, which inspect places of detention with a view to the prevention of torture and other cruel, inhuman or degrading treatment or punishment. My Department is leading on the development of the legislation needed, which is called the inspection of places of detention Bill, to facilitate the introduction of a multiple-institution national preventive mechanism model in this State that will allow for the ratification of OPCAT. The approach proposed in the scheme to provide for this is to expand the existing statutory role of the Inspector of Prisons to become a chief inspector of places of detention, which will be designated as the national preventive mechanism not just for prisons but for the whole justice sector. The Office of the Inspector of Prisons has welcomed this transformation. As the Deputy may also be aware, pre-legislative scrutiny of the general scheme of the Bill took place on 18 October 2022 and my Department has very recently received the report of the Oireachtas Committee on Justice. This report is being considered so that its findings and recommendations can be used to inform how best to move forward and inform the drafting of the Bill.

It is acknowledged that additional financial and human resources will be required to ensure the Office of the Inspector of Prisons, as the new inspectorate of places of detention, can perform its statutory functions effectively and with appropriate functional independence in line with Ireland’s international obligations. However, it is not yet possible to fully quantify exactly what will be needed to implement the measures contained in the Bill at this stage as it is still being drafted. I hear the points the Deputy is making. Decisions in this regard will be made in due course. I have committed to publish the Bill as soon as possible so that it may proceed to enactment without undue delay and allow for ratification of OPCAT. In this context, my Department will continue to engage with the Inspector of Prisons about what is needed both now and into the future and to ensure that the needs identified will be objectively assessed by the OPW so that the best possible solution to meet the requirements can be identified.

In short, there is new legislation to come and this legislation will see an expanded role as Ireland seeks to fulfil its obligations under OPCAT. As part of that, we will be engaging with the Inspector of Prisons and the OPW on what is required in terms of resourcing, offices and the like and we will continue to liaise with Deputy Cahill in that regard.

Deputy Jackie Cahill

I thank the Minister for his answer. As I stated in my earlier contribution, we are aware that the role of this body will be expanded. In my view, it is not necessary to have an office in the vicinity of St. Stephen's Green to operate effectively. This important body can operate as effectively if not more effectively from a rural town location. As the question of resources and the location of this office are being discussed, it must be pointed out that we have had an office in Nenagh for the past 12 years. The opportunity to expand that office is now there under the revamped organisation. I do not know how many staff will be employed in it but the number of staff will significantly increase. I urge the Minister to continue with the tradition of having the Inspector of Prisons located in Nenagh. It will operate as effectively if not more effectively in a rural town and with significantly less cost to the Exchequer.

Deputy Simon Harris

I again thank Deputy Cahill for raising this important issue and for putting across his point succinctly and forcefully. I assure him that I will continue to engage with him as we publish the Bill and as we engage with the OPW. I am happy to keep in touch with him in this regard.

Wastewater Treatment Facilities

Deputy Michael Healy-Rae

I thank the Minister of State, Deputy Niall Collins, for being here and the Ceann Comhairle for allowing this important issue to be raised. I acknowledge the good work of councillors from all parties and none on Kerry County Council. Of course, I thank Councillor Jackie Healy-Rae for his efforts in this regard because this is a very important subject. National and local policy is directing people in a certain direction. There is an idea among some people - I am not saying I am all in favour of it - that they want people to live in settlements. We have smaller towns, areas, villages and gatherings of people - some of them are big enough - that do not have any wastewater treatment. It would frighten you if you thought about some of the places that do not have these facilities.

Places that are as famous and well known as Caherdaniel have no wastewater treatment facility. I will not give an exhaustive list but I will give a flavour of the places I am talking about, which include Caherdaniel, Scartaglin, Currow, Currans, Beaufort, Headford, Spa, Asdee, Banawn, Camp, Faha, Finuge, Glenflesk, Lispole, Tuosist, Templenoe, Killeenleagh, Laragh, Kilmoyley, Chapeltown in Valentia and Cromane.

An Ceann Comhairle

The Deputy has not done too badly there, now.

Deputy Michael Healy-Rae

That is not an exhaustive list. That is just to give a flavour of the places that do not have a wastewater treatment facility. As recently as when the county development plan was being discussed, the county councillors there were saying that they want wastewater treatment facilities to be put in place to allow these places to grow and that people will be able to build their houses and connect to a main sewer. But Irish Water is saying, and it is justified in saying it, that it is not their responsibility because they do not have any network there. So where are we to get this prioritised? How are we going to get schemes going in those types of places? I will pick one for an example, namely, Caherdaniel. It is in the heart of an area where I was very privileged and glad to be elected as a councillor for many years. At that time, we were asking when we would get a sewerage scheme for Caherdaniel and we are still waiting for it. And God knows, a lot of water has gone under the bridge since and a lot of other material has gone somewhere as well because there is no place else for it to go.

What are we going to put in place so that our councillors and our councils can prioritise it and not be getting this answer back from Irish Water to say “Nothing to do with us. We have no say; we have no role; we have no input. Go back to the Department”? That is not exactly very helpful to us.

I am pushing this tonight and it is not for big schemes of houses or anything like that. I am talking about if we can get five or ten homes built in the locations I am talking about and connect up the existing homes. We would be supporting the local shop, post office and GAA team. We would be keeping the fabric of community and spirit that Ireland is all about and keeping the people together. This is vital infrastructure. That is why I respectfully ask the Minister of State to deal with it tonight. I have every confidence in him that he will give me a positive response on how these excellent county councillors are to proceed with the problem facing them in each of their constituencies.

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science (Deputy Niall Collins)

On behalf of the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, I thank Deputy Michael Healy-Rae for raising this important issue and providing me with the opportunity to address the matter.

The programme for Government supports the uptake of Uisce Éireann's small towns and villages growth programme 2020-2024. The programme provides water and wastewater growth capacity in smaller settlements that would otherwise not be provided for in Uisce Éireann’s capital investment plan.

I understand that funding of almost €100 million has been approved by the Commission for Regulation of Utilities for the programme. Across the country, Uisce Éireann is working with local authorities to ensure that the investment is used to support the growth of identified settlements, as prioritised in local authority development plans. For example, in County Kerry, as part of the programme, a new wastewater treatment plant is to be built in Fenit and Knightstown wastewater treatment plant is to be upgraded.

In addition to the work ongoing with Uisce Éireann, the Department's multi-annual rural water programme, using Exchequer funding, is also delivering improvements to water services, including wastewater, in areas of rural Ireland without public water services.

On 28 April 2022, the Minister announced funding for a new measure under the multi-annual rural water programme for the wastewater collection and treatment needs of villages and settlements that do not have access to public waste-water services. An allocation of €50 million has been committed for this specific measure under the national development plan.

The principal aim of the measure is to address environmental and public health issues in identified locations. The process involves local authorities, working with communities and other stakeholders, to progressively improve the wastewater infrastructure needs of rural villages or settlements in parts of rural Ireland not currently serviced by Uisce Éireann. The aim is to ensure that projects which might otherwise not be constructed by Uisce Éireann for some time, will be developed now, and in so doing to help to make the village or settlement a better and more attractive place to live. Using a demonstration project model approach under this funding stream, will also assist in the development of appropriate longer-term strategies and protocols that will better inform future funding needs in this area.

In September 2022, the local authorities submitted requests for funding for specific priority projects in their respective areas. An independent expert panel has evaluated each application and the Minister expects to be in a position to announce successful projects soon. It was a matter for Kerry County Council to decide which villages or settlements within its functional area met the criteria for funding under the measure and to make an application. Applications for Beaufort and Spa were received from Kerry County Council.

Deputy Michael Healy-Rae

That was a very well worded speech by someone who did not have an intimate knowledge of the villages and settlements I am talking about in County Kerry and I will explain why. The Minister of State referred to €50 million. Not a single euro of that €50 million is earmarked for any one of the villages I am talking about here. Not one of them. Last night I was in many of those settlements and for anyone living in any one of them who was listening in to this debate, he or she might ask “where does that leave us?” For example, where is the money for the good people of Caherdaniel, Scartaglin, Currow or Currans? That is the question I am asking of the Minister of State. When will these people see investment in their localities? It is one thing for national policy to be hunting people, driving people and encouraging them into these locations if we do not have the services and the facilities for them. Where, pray tell, is the famous Green Party, that is, the people who want to protect the environment and who were boasting about protecting our waterways? Do they know that the biggest polluter in many cases is the local authority themselves? They are allowing, or nearly effectively encouraging, wastewater to be let flow into rivers and streams because of the lack of a proper service there to treat the wastewater in those locations. Nothing that the Minister of State said gives me encouragement or confidence for the areas I am representing around the county. Where is the money for those places? Can he be more definite or go back to the person who wrote the speech and ask him or her this question, where is the money?

Deputy Niall Collins

I wish to thank the Deputy again for his comments. I appreciate his interest in wastewater in parts of rural Ireland without public water services. I have listened carefully to what the Deputy has said and I assure him that it will be kept in mind in the context of the evolving new funding measures. While the Minister has responsibility in ensuring the overall funding for Uisce Éireann in respect of public water services and for the provision of funding under the rural water programme, including for the new measure, the prioritisation of individual projects is a matter for the local authority and in this case, for Kerry County Council. An independent expert panel was put in place to support the evaluation process for the funding under the multi-annual rural water programme. In addition to providing an expert perspective, the panel brings independence, openness and transparency to the bids-evaluation process which is done on a national prioritised basis. The panel is independently chaired and its membership includes departmental stakeholder and independent expert representation. The expert panel was tasked with making recommendations on the suitability of each project for funding.

Its recommendations are based on a detailed examination of all the valid proposals received using the criteria set out in the framework document, which is given to all local authorities. The Deputy will appreciate that it is not possible for me to give any commitment regarding specific locations at this stage. Uisce Éireann also continues to work to eliminate any remaining issues in raw wastewater discharges in towns and villages not yet connected to a wastewater treatment plant. The plan is to eliminate all of these in the coming years and to prioritise those areas where it can make the biggest impact first.

An Ceann Comhairle

The Minister of State's contribution is appreciated. We will now move-----

Deputy Michael Healy-Rae

If the Ceann Comhairle will allow me, there is something I should have declared at the beginning. I have family members who work on schemes such as this. I should have said this at the beginning - I always do - and I am sorry I did not.

An Ceann Comhairle

It is noted and duly appreciated.

Housing Schemes

Deputy Maurice Quinlivan

This Topical Issue relates to the circular titled Arrangements for Social Housing Acquisitions in 2023. As we all know, this circular was issued to local authorities regarding tenants in situ. There is great concern and frustration among many local authorities that my colleagues and I, including Deputy Ó Broin, have spoken to. The recent decision to end the moratorium on evictions will lead to more homelessness and that is an undisputed fact. Many of those who have received and face a notice to quit have nowhere to go. No one in the Government will be able to answer the following question. Using my constituency of Limerick as an example, the cost of rental properties is far too high, having increased by 18% in the past year, and there are fewer rental properties available. A search of daft.ie today showed there are seven properties available in Limerick and its suburbs, including the city centre, Annacotty, Castletroy and Raheen. There is nothing available. In quarter 3 of 2021, 211 notices to quit were issued in Limerick. They are due to become active with the ending of the eviction ban. There is nowhere for these people to go. Despite consistently asking the question, we are yet to hear where these people are supposed to go.

Since the Government announced the ending of the eviction ban, my office has been inundated with calls from very concerned renters. Being served with a notice to quit is very stressful for most renters but trying to source accommodation is equally challenging. Properties that are available are often priced way too high for the average renting family. The Government knows how much stress its decision has caused to families up and down the State. The programme for Government suggests that everybody should have access to good quality housing to purchase or rent at an affordable price, yet the Government's actions make a mockery of this fine declaration. I again ask where these people are supposed to go.

Limerick City and County Council has repeatedly confirmed to me that there is zero capacity for homeless accommodation in Limerick, yet we anticipate more homelessness. It is incredible that the Government has continued with this decision. Our council in Limerick has plans for five social houses in Castleconnell, which are under construction at Castle Rock. However, 453 individuals and families are waiting in the Castleconnell area. Realising the end of the eviction ban is the wrong move but being too steadfast to consider a change in tack, the Government is now scrambling to put in place other options that do not seem to be deliverable.

The recent circular titled Arrangements for Social Housing Acquisitions in 2023 is full of ambition but short on detail. It acknowledges that councils can acquire up to 1,500 social homes and has targets for individual councils, with 75 houses to be acquired in Limerick. This needs to be backed up with supports for local councils; otherwise it will be another failure. My local council in Limerick has indicated that it has received a huge number of inquiries from landlords about selling their property to the council. According to the council, there were 186 notices to quit under review by the council for acquisitions as of today. What are the guidelines and how does the council decide who should be made homeless and on behalf of whom should it purchase a property because this is not clear in the directive?

Among the issues with the circular, which I hope the Minister of State will address, I have the following questions in relation to the scheme. If councils have identified suitable properties, can they approach landlords regarding a purchase prior to a formal notice to quit being issued given that in many cases, we know a notice to quit is coming? Will he clarify what funding will be available to local authorities for refurbishment? Local councils cannot, and nor should they be expected to, inspect 100% of rental accommodation scheme, RAS, properties in a year. Many of these properties will be in a poor state of repair. Will the allocation of a refurbishment grant to tenants in situ properties be examined to allow for necessary works to take place? The failure to provide additional funding and staff would mean the scheme will not work. If existing staff have to administer this, other projects will be affected. What provision is being made to get staff and will funding be provided for same?

Deputy Niall Collins

On behalf of the Minister, Deputy Darragh O’Brien, I thank the Deputy for raising this important matter. Housing for All is the Government’s plan to increase the supply of housing to an average of 33,000 units per year over the next decade. This includes the delivery of 90,000 social homes, 36,000 affordable purchase homes and 18,000 cost-rental homes. Housing for All is supported by an investment package of over €4 billion per annum through an overall combination of €12 billion in direct Exchequer funding, €3.5 billion in funding through the Land Development Agency and €5 billion funding through the Housing Finance Agency. Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022 to 2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and approved housing bodies.

Under Housing for All, there is provision for 200 social housing acquisitions each year. However, with increased pressures on housing and the exit of landlords from the market, the Minister for Housing, Local Government and Heritage reinstated delegated sanction to local authorities in April 2022 to acquire social housing properties for a number of specific categories, including properties that allow persons to exit or prevent homelessness. One of the priority categories was to address homelessness, which would include the acquisition of a property to exit a household from emergency accommodation or the acquisition of a property that would prevent a household from becoming homeless. The Minister specifically requested that local authorities be proactive in acquiring properties where a housing assistance payment, HAP, or RAS tenant had received a notice of termination due to the landlord’s intention to sell the property. A circular also issued to local authorities, on 8 March, setting out these revised arrangements.

The Government has agreed there will be increased provision for social housing acquisitions in 2023 and the Department will fund local authorities to acquire up to 1,500 social homes. This represents an increase of 1,300 on the original target for acquisitions. Local authorities have delegated sanction to deliver the 1,300 additional acquisitions, subject to those acquisitions being within acquisition cost guidelines issued by the Department. Where a person is on the social housing list in one local authority area but has secured a HAP tenancy in another local authority area, the arrangements in place will support the acquisition of the property, where appropriate. The City and County Management Association has assured the Minister that local authorities are collaborating on such situations and the Department will work closely with local authorities on this measure.

Under Housing for All, 250 additional posts have been approved for local authorities specifically to support the delivery of social housing. While the majority of the posts are technical, a significant number of administrative posts have also been approved.

Deputy Maurice Quinlivan

I thank the Minister of State for his answer but he did not answer any of the questions I asked. I have the circular from 8 March to hand. The councils are seriously worried and the Minister, Deputy Darragh O'Brien, needs to listen to this. They do not have the staff to do this. They do not have clarity on what they are supposed to do and who they are supposed to look after.

I can go through it again. I have already asked my questions but I will ask them again because I want to read them into the record. Local councils cannot, nor should they be expected to, inspect 100% of RAS or HAP properties in a year. That is not going to happen. They only ever inspect a small portion of these. Many of these properties will be in a poor state of repair and need significant work. Will the Minister of State confirm that a refurbishment grant to tenants in situ properties be examined to allow for necessary works to take place? Will he clarify what funding will be available to local authorities which, at present, are not aware of what the funding may be? Local authorities have no funding to carry out these repairs, as the Minister of State knows well.

The second issue is that there is no policy on how to administer cost rentals for people who have notices to quit, where the tenant's income exceeds the threshold for social housing. This is causing huge distress and needs to be clarified.

I understand it is only for new-build cost-rentals, which do not exist.

The third question is who is going to administer the scheme. A house is not purchased in a day and there is a long process that will take up many working hours of council staff who are already under huge pressure. What flexibility have councils to acquire additional staff to cope with this heavy workload? A failure to provide additional funding and staff simply means the scheme will not work, in particular if existing staff have to administer the scheme. They are telling me that all of their housing projects, including new builds, will be affected and delayed, meaning other targets and plans will be missed.

In regard to this scheme, if councils have identified suitable properties, can they approach a landlord with regard to a purchase prior to a formal notice to quit? We have known for a long time there are notices to quit in place. As the Minister of State knows, press conferences and announcements mean nothing. A robust circular with clarity, backed up by funding, is necessary to ensure these 1,500 houses can be secured by local authorities. Will the Minister redraft the circular and resend it to all of the local authorities to address the issues I have raised so the plan, unlike many of the other Government housing plans, might actually work.

Deputy Niall Collins

Housing for All is a clear priority for Government and we are committed to delivering on the targets across all pathways of the plan. The delivery of social and affordable homes is central to the plan and is expected to comprise approximately half of housing delivery over the next decade. The provision of individual local authority targets and the development of housing delivery action plans, addressing delivery over the next five years, has introduced a more strategic approach to housing delivery. Local authorities are working closely with their approved housing body delivery partners and the Land Development Agency to develop the pipelines to ensure that we meet these targets, which will in turn reduce reliance on the HAP scheme.

The increase up to 1,500 social housing acquisitions will allow local authorities to focus on properties where a tenant in receipt of social housing supports has received a notice of termination due to the landlord’s intention to sell the property. Local authorities have delegated sanction to deliver the 1,300 additional acquisitions, subject to the acquisition cost guidelines, and the approval granted for 250 additional local authority posts will support local authorities to acquire suitable properties. The Department has worked closely with the County and City Management Association, CCMA, to prioritise this initiative with a focus on prevention of homelessness and will continue to work closely with local authorities, the CCMA and all the key stakeholders to ensure the success of this programme.

I will make the Minister aware of the issues the Deputy has raised. I am well aware of them myself in Limerick, as the Deputy knows, because the same local authority covers his constituency and my constituency. As I have asked Limerick City and County Council the question, I know that last year it acquired fewer than 40 properties under the tenant in situ scheme. In the past two weeks, however, I and my constituency office have referred eight cases for acquisition through the tenant in situ scheme and I know that in the majority of those eight cases, the landlords have already been contacted to say they are being viewed as part of that scheme. I fully appreciate the issues the Deputy has raised but the scheme is there and is being beefed up. I am sure it will act as a very positive measure.

Deputy Maurice Quinlivan

If this is not clarified, it will not work.

Fishing Industry

Deputy Catherine Connolly

Gabhaim buíochas leis an gCeann Comhairle as ucht an tSaincheist Thráthúil seo a roghnú. Tá sí práinneach agus thar a bheith tábhachtach. Baineann mo cheist le breithiúnas a thug an Chúirt Achomhairc, breis agus coicís ó shin ar an deichiú lá den mhí seo. Sa bhreithiúnas sin, chuir sí polasaí dearfach an Rialtais ar neamhní, is é sin, polasaí maidir le stoc na n-iasc a chosaint agus slí mhaireachtála na n-iascairí ar fud na tíre a chosaint freisin, nó a láidriú. Cén fáth ar chuir sí an polasaí seo ar neamhní? Chuir sí an polasaí seo ar neamhní mar rinne an Rialtas nó an Roinn praiseach den phróiseas cumarsáide agus theip go huile is go hiomlán ar an Roinn agus ar an Rialtas an dualgas dlíthiúil a bhí orthu a chomhlíonadh, is é sin, dul i dteagmháil le Sasana agus leis an Aontas Eorpach. Tá sé suntasach go leor nach raibh aon easaontas ón gcúirt ó thaobh cé chomh tábhachtach agus atá an polasaí, is é sin, go bhfuil sé dearfach agus gurb é an rud atá i gceist ag an Rialtas ná stoc na n-iasc a chosaint agus cosaint agus tacaíocht a thabhairt do na hiascairí ar fud na tíre, laistigh den sé mhíle.

My question is specific, urgent and important. It relates to a judgment given by the Court of Appeal in two parts, one in July and the final judgment more than two weeks ago, on 10 March. Significantly, I asked a question just the evening before that and nobody seemed to know this case was coming up for final judgment the following day. In that judgment, the court quashed the policy of the Government. Why was that? It was because the Government failed on one ground, namely, it failed to comply with its legal obligation to notify England and the European Union in regard to the policy it was bringing in. Significantly, it is a wonderful policy. It was brought in during 2019 and due to come into effect in January 2020, over three years ago, with the specific aim of conserving fish stocks and to help fishermen in the area.

The judgment in July stated that the policy directive was a measure for the conservation of fish stocks and that the failure to notify that measure pursuant to the provision at the time did not invalidate it. It stated that the policy directive was not discriminatory. The Government had the power to bring this in and it was not irrational or invalid. The judgment was positive about this policy and the essence of what it was about. It failed not due to the communication strategy in Ireland but because of the failure to give warning to the European Union and to England.

Now, we have no policy, more than three years after it was brought in to conserve fish stocks, protect biodiversity and give small fishermen a chance by excluding boats over 18 m. It is now a free-for-all. It is now séasúr oscailte, open season, and the taking of sprat in an unsustainable manner has continued unabated.

My specific question is this. What urgent action is the Government now taking and what timeline have we now got for the implementation of the policy, having consulted properly with Europe and England?

Deputy Niall Collins

On behalf of the Minister, Deputy McConalogue, I thank Deputy Connolly for providing an opportunity to update the House regarding the recent Court of Appeal ruling on the policy directive introducing a ban on trawling inside the six-nautical mile limit and the events leading up to this ruling. As the House may be aware, in December 2018, following a public consultation process in which over 900 submissions were received, the Minister for Agriculture, Food and the Marine announced that vessels over 18 m would be excluded from trawling in inshore waters inside the six-nautical mile zone and the baselines from 1 January 2020. A transition period of three years was allowed for vessels over 18 m targeting sprat to provide a reasonable period of adjustment for these vessels, as the sprat fishery is concentrated inside the six-nautical mile zone.

A policy directive was issued by the Minister to the independent licensing authority to give effect to these measures. The policy directive directed the licensing authority to insert a condition to this effect into the licences of affected vessels. Following this, a judicial review to the High Court was taken by two applicant fishermen, challenging the validity of the policy. On 6 October 2020, the judge held, in summary, that the High Court’s final order should include a declaration that policy directive 1 of 2019 was made in breach of fair procedures and is void and-or of no legal effect.

The breach of fair procedures referenced above related to a failure to consult with the applicants in accordance with, and to the extent required by, the consultation process and, in particular, by failing to consult with them a second time once a preferred option had been identified.

A stay on the order was refused by the High Court on 10 December 2020. The Minister, Deputy McConalogue, appealed the decision of the High Court to the Court of Appeal, also seeking a stay on the order of the High Court. The Court of Appeal reinstated the ministerial policy directive on 19 March 2021, when the court was persuaded that the balance of justice leaned in favour of the State and granted a stay on the order of the High Court up until the hearing of the substantive appeal in June. Following a full hearing by the Court of Appeal on 22 June 2021, the court decided to temporarily extend the policy directive excluding large vessels from trawling in inshore waters within 6 miles of the coast, save for a restricted sprat fishery. On September 23 2021, the Court of Appeal refused the application the Minister had made to further continue the stay. This refusal meant that the decision of the High Court stood. This allowed vessels over 18 m in length to resume trawling in the waters inside 6 nautical miles. The Court of Appeal issued an unapproved judgment on 19 July last and requested further submissions from both parties. These were provided to the court on the Minister’s behalf.

As the House may be aware, the Court of Appeal issued a final judgment on 10 March last stating that the applicant fishers were successful on “the narrowest of grounds”. The Minister, Deputy McConalogue, is currently consulting legal advisers to consider the implications of the judgment and the possible next steps.

Deputy Catherine Connolly

I thank the Minister of State. The main question I asked was not really dealt with. I have read the High Court judgment and both Court of Appeal judgments. I have seen clearly that the policy was very good. The courts had no difficulty with the policy. The difficulty related to the failure of the Government. What the Minister of State calls "the narrowest of grounds" was a legal obligation on the Government to notify England and Europe to allow them to have a say in this policy. Now, we are in the crazy situation - "crazy" does not capture it - where it is a free for all within the 6 mile limit as a result of the failure of the Department to carry out its duty. How that happened is beyond me but now that the mistake has been made, what are we doing about it? How quickly can we rectify the mistake? When will this very good policy, which is absolutely essential, be reinstated? It followed a long process of consultation. The Minister of State has outlined that there were 900 submissions. The vast majority of these submissions appealed to the Government to do something about sustainability within the 6 mile limit. Since then, we have judgments from the High Court and the Court of Appeal with the final judgment more than two weeks ago and yet the Minister of State is telling me the issue is with "the narrowest of grounds". There is no explanation as to how the Department failed to comply with its duty or, more importantly, how to rectify that mistake as quickly as possible in order to reinstate the policy. What steps are going to be taken?

In the meantime, let us look at the figures for sprat. They have significantly increased every year from 2019 onwards. Even though the International Council for the Exploration of the Sea had recommended that the catch should be no more than 2,800 tonnes, we have had catches of 14,000 tonnes, 15,000 tonnes, 14,000 tonnes, 12,000 tonnes and so on. A drastic reduction in the annual sprat catch is urgently needed for many obvious reasons. In the last two minutes, will the Minister of State give me a time span within which this is going to be rectified and tell me how the mistake was made?

Deputy Niall Collins

I am not in a position to give the Deputy a time span here and now. I have given her the chronology of events, of which she is well aware. Indeed, she has told me that she followed the case and has read the judgments. Suffice it to say that I can make the Minister, Deputy McConalogue, well aware of the concerns the Deputy has articulated in the House this evening. I have nothing further to add to what I have already stated in that the Minister is consulting legal advisers on the implications of the judgment and the steps that can be taken.

Special Educational Needs

An Ceann Comhairle

I apologise to Deputy Murnane O'Connor. There seems to have been some confusion about her listing but she is next up. She wishes to discuss the number of children requiring special educational needs supports in integrated settings in mainstream primary and post-primary schools in County Carlow.

Deputy Jennifer Murnane O'Connor

I thank the Ceann Comhairle. That is fine. My office has been flooded with communications from families, caregivers, teachers and principals. There are children going into mainstream schools this September who have never had an assessment. How can schools properly prepare for those children? A special education preschool in Carlow has shared discharge numbers for 2023 with me. Of 14, seven are waiting for a data assessment. Four are to go to mainstream schools who have never met a therapist. That is absolutely shocking. Some of these children have already lost out on an autism spectrum disorder, ASD, preschool placement because they have not had their assessment to date. They should be going to a special education school or a special class within the locality but, again, without an educational assessment, they will not get a placement at this stage.

It is all about resourcing as well, which I also have significant issues with. Children who go to mainstream schools that are not suitable for their needs end up battling to get allocated special education needs supports or a place in an appropriate setting later. Their needs will not be met. They just cannot be. I have been speaking to the HSE in community healthcare organisation, CHO, area 5. The reconfiguration of children's services to children's disability network teams, CDNTs, has been faced with significant recruitment and retention challenges. The approved whole-time equivalent staffing for CDNT 1 is 22 but, unfortunately, only half that number of clinical staff are on the team. The vacant posts are in physiotherapy, psychology, occupational therapy, and speech and language therapy. These are very important. As the Minister of State knows, timing and early intervention are crucial for any child. This is why I have to highlight this. We are actually in a crisis now. The current vacancies are having a significant impact on the CDNT's delivery of assessments, therapy and interventions in addition to the implementation of the process disability service model and providing training and support pathways to parents. That is another issue. The HSE has a national and international recruitment campaign for therapy staff. What is the status of the recruitment drive?

In the school settings, we are seeing the expertise of psychologists being sought more frequently. That is something parents have been speaking to me about recently. There is only one psychologist in the CDNT in Carlow. It is physically impossible for that psychologist to carry out all of these assessments. The National Educational Psychological Service, NEPS, provides educational psychological support to all recognised primary and post-primary schools but I am aware that it does not maintain waiting lists and the focus is on empowering teachers to intervene effectively with pupils whose needs range from mild to severe. Schools are doing their best but, at the moment, NEPS is encouraging schools to use a continuous assessment and intervention process whereby each school takes responsibility for initial assessments, educational planning and intervention for pupils with learning, emotional or behavioural difficulties. Our teachers are wildly under-resourced and this approach is highly challenging. Teachers can consult a NEPS psychologist if they need to but, in reality, there is a waiting list and they cannot access this support when they need it.

When the children started school in September last year, one principal contacted me to tell me about a child in junior infants who could not get an assessment. The school actually offered to pay for a private assessment in the hope that the family could get the supports it needed because the child needed to be looked at. Surely this cannot be happening. I will come back in again.

Deputy Niall Collins

On behalf of the Minister of State, Deputy Madigan, I thank Deputy Murnane O'Connor for raising this issue as it gives me an opportunity to outline the current position regarding special education provision. At the outset, I will stress that enabling students with additional needs to receive an education appropriate to their needs is an ongoing priority for this Government. My colleague, the Minister of State with responsibility for special education and inclusion, will continue to work to ensure that all children have an appropriate school placement and that the necessary supports are provided to our schools to cater for the needs of children with special educational needs.

It is important to remember that the vast majority of children with special educational needs are supported to attend mainstream classes with their peers. These children are supported to attend mainstream classes through the provision of special education teachers, SETs, and special needs assistants, SNAs, to our schools.

To support children with more complex needs, special classes in mainstream schools and special schools are provided. This year, the Department of Education will spend in excess of €2.6 billion, or over 27% of the Department's budget, on providing additional teaching and care supports for children with special educational needs.

For 2023, the Department of Education has further increased the number of special education teaching and SNA posts in our schools. There will be an additional 686 SETs and a further 1,194 SNAs in our schools by the end of this calendar year. For the first time ever, we will have over 19,000 teachers working in the area of special education and over 20,000 SNAs. Together, we have almost 40,000 qualified and committed people in our schools who are focused wholly and exclusively on supporting children with special educational needs. The children will undoubtedly benefit, as is right and proper, from the additional focus these resources will bring to their education.

Over the past three years, the Department of Education and the National Council for Special Education, NCSE, have introduced a number of strategic initiatives to plan for and provide sufficient mainstream, special class and special school places. These initiatives are bearing fruit with over 600 new special classes sanctioned at primary level, almost 300 new special classes sanctioned at post-primary level and five new special schools established over the past three years.

Budget 2023 also provides funding for additional staffing in both the NCSE and NEPS. Both of these measures will ensure that our schools and students benefit from additional practical supports from special educational needs organisers, SENOs, NCSE advisers and educational psychologists.

The special education teaching allocation provides a single unified allocation for special educational support teaching needs to each school, based on each school's educational profile. This model has replaced the previous model of allocating resource teaching support and learning support to schools based on a diagnosis of disability.

There are over 4,500 special education teaching hours for mainstream classes allocated across schools in County Carlow - 3,175 hours at primary and 1,475 hours at post-primary. Additional teachers are provided also for special classes.

The special education teacher allocation allows schools to provide additional teaching support for all pupils who require such support in their schools and for schools to deploy resources based on each pupil's individual learning needs. The allocation gives greater flexibility to schools as to how they can deploy their resources to take account of the actual learning needs pupils have as opposed to being guided by a particular diagnosis of disability, and schools are guided as to how they should make such allocation decisions.

Deputy Jennifer Murnane O'Connor

I thank the Minister of State. I welcome his response and the expenditure of €2.6 billion or over 27% of the Department's budget on special education needs. I pay tribute to teachers who work in the area of special education and, of course, the special needs assistants numbering over 20,000 who do an excellent job. My concern, however, is the number of children who are not getting assessed and are waiting for assessment. This is a major issue for me. Last week, a lady came into my office who had to borrow €1,000 from her credit union to pay to have her child assessed. She cannot afford this and it is unacceptable.

I speak with the HSE about assessment. What I am told is there is funding available but recruitment and retention are the issue. We need to help people who are not in a position to afford assessments. Whether they have assessments done privately or not, we should help families and children.

While I welcome the Minister of State's response and I can see improvements in certain areas, there is a crisis when it comes to getting children assessed. I am concerned for the children and their families. I am also concerned that families are borrowing money to get their children assessed before they go to school. That is not acceptable and we need to address this matter urgently.

I ask the Minister of State to raise this issue with the Minister of State, Deputy Madigan, and the Minister, Deputy Foley. We need to work with the HSE, in particular in CHO 4 in Carlow-Kilkenny. All agencies need to work together to find a solution. It is the children who are important. I cannot stress enough that early intervention is key to this.

Deputy Niall Collins

I had intended to make the point that each school can take account of the learning needs of children, as evidenced by performance in schools but also supported, where relevant, by information that is provided regarding the nature of a condition a pupil may have.

A process is available where schools can seek a review of their special education teaching allocation by the NCSE, including the utilisation of their allocations. Detailed information on the NCSE review process is published on the NCSE website.

The SNA scheme is designed to provide schools with additional adult support staff who can assist children with special educational needs who also have additional and significant care needs. Such support is provided to facilitate the attendance of those pupils at school and minimise disruption to class or teaching time for the pupils concerned, or their peers, with a view to developing their independent living skills. There are almost 100 SNAs allocated across primary and post-primary schools in County Carlow. Almost 239 SNA posts are allocated across schools in County Carlow. Almost 100 of these SNAs are allocated for mainstream classes with the remainder assigned to special classes.

SNAs are not allocated to individual children but to schools as a school-based resource. The deployment of SNAs within schools is a matter for the individual principal and board of management of the school. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated.

I should also highlight that there are currently 45 special classes in County Carlow. Of these, 30 are at primary level and 15 are at post-primary level. Over the past three years, seven new special classes at primary and two new special classes at post-primary level have been provided to Carlow.

I thank the Deputy for raising the important issues she has articulated. I will convey her concerns to both the Minister of State, Deputy Madigan, and the Minister.