Dáil Éireann díospóireacht -
Wednesday, 9 Apr 2025

Vol. 1065 No. 6

Saincheisteanna Tráthúla - Topical Issue Debate

Rail Network

Deputy James Geoghegan

I thank the Minister of State for attending. This Topical Issue is very straightforward and I hope he will see the practical sense in what I am proposing.

Dublin Port is carrying out a major expansion plan that will meet its future needs. In the context of what is taking place in the world right now, never has investment been so important to ensure we have access to ports for trade. The planning application that is before An Bord Pleanála includes the construction of a new bridge alongside the toll bridge over the Liffey. That bridge is able to facilitate a Luas to go across it. When Dublin Port was bringing its planning application to An Bord Pleanála, it consulted with the NTA to ensure that its application would meet the future needs of public transport in that area.

As the Minister of State will be aware, one of the largest housing projects in Dublin city is under construction in Poolbeg, on the famous glass bottle site, with already 500 homes built there and 3,500 homes to be ultimately constructed. There are also plans for a hotel in the area, which have been put forward by the planning applicant. Potentially, there could be 10,000 people living there. To put that into perspective, the population of Ringsend and Irishtown in 2016 was 10,000, so we are talking about doubling the population in an area that has not had many people living in it. It is essential that we have joined-up thinking when it comes to our housing and that people have the public transport infrastructure they need.

There is a lot of criticism in this country about how we deliver major infrastructural projects, but one project that was delivered on budget and on time was the last major extension of the Luas, the Luas cross city. I ask the Government to consider, in the context of the review of the national development plan, progression of the Luas Poolbeg extension to a planning stage in the lifetime of this Dáil. The Luas to Finglas is already before An Bord Pleanála. The Luas to Lucan is at an option stage. This relatively minor extension is a third Luas extension project which has a lot of merit. It could transform the area, link in the high-frequency bus routes and the DART+ in the area and, most importantly, serve the future transport needs of the more than 10,000 people who will be living in the area. Surely it is common sense that when Dublin Port will be building this bridge, which, assuming planning gets approved in the next month or two, could be within the next two to three years, at the same time that the NTA will be working lock, stock and barrel with this Dublin Port expansion plan, the NTA will be ready to put forward to An Bord Pleanála its application to extend the Luas. We are really talking only about anywhere between 2 km and 4 km, depending on how the route would be done. It would connect the north inner city to the south inner city. The red line would go across the Liffey and we would be developing the kind of integrated transport network for Dublin that we all want to see.

We know that the changes we have made when it comes to transport in Dublin, particularly when it relates to high-frequency bus routes, have been hugely successful. The numbers are through the roof. We know that if we build additional public transport, those numbers will follow. We could have 3,000 people every single hour travelling up and down on the Luas. I ask that this project be given heavy consideration in the context of the upcoming review of the national development plan in the summer.

Minister of State at the Department of Transport (Deputy Jerry Buttimer)

I thank Deputy Geoghegan for raising this very important matter, which I am taking for the Minister, Deputy O'Brien. Deputy Geoghegan has raised this matter before. There is huge merit in what he has proposed, and I commend his contribution because it is about joined-up thinking and ensuring we are ready for the next phase of the area he mentioned.

As the Deputy knows, improving public transport services and infrastructure is central to improving citizens' quality of life and achieving our decarbonisation goals. The achievement of these goals has been set out in the programme for Government. I agree with Deputy Geoghegan's sentiments: this is about planning for the future and about that joined-up thinking approach.

The National Transport Authority has statutory responsibility for transport planning in the greater Dublin area. The development of a Luas red line extension to serve Poolbeg is one of the longer term projects in the NTA Greater Dublin Area Transport Strategy 2022-2042, as approved by the Minister for Transport, for development and delivery within the 2037-42 timeframe.

It is important to recognise that the proposed Luas extension to Poolbeg is subject to the assessment of forecast travel demand arising out of development patterns in the Poolbeg west strategic development zone and environs. The comments Deputy Geoghegan made about the population increase and the ongoing work there fit into this matter succinctly.

TII is the sponsoring agency for the proposed Luas to Poolbeg project and the NTA is the day-to-day approving authority. I understand that the NTA recently instructed TII to undertake a pre-feasibility analysis of the Luas Poolbeg project. This analysis will include updated demand modelling to assess the initial feasibility of Luas Poolbeg from a passenger demand viewpoint. This is in line with the objective on the Luas Poolbeg project outlined in the greater Dublin area transport strategy. This analysis is expected to be completed in the summer.

I wish to highlight that there are four proposed extensions to the Luas network highlighted in the current greater Dublin area transport strategy. The most advanced of these schemes is the Luas Finglas project. TII submitted a planning application to An Bord Pleanála in November of last year for that project and we await a decision on the matter.

The Government is aware that the opportunities for people to live and work in Poolbeg are likely to increase. Deputy Geoghegan has given us figures in terms of the housing projections of around 10,000 more people living in the area. In a report prepared by the Department of Housing, Local Government and Heritage and the Department of Transport published in 2023, the Poolbeg west strategic development zone was identified as an opportunity for transport-orientated development. It is recognised as an area with the potential to deliver a mixed-use neighbourhood with a significant number of residential dwellings. It is also worth noting that in July of last year Dublin Port submitted a planning application to An Bord Pleanála for the 3FM project. This project is focused on developing additional port capacity on port-owned brownfield lands on the Poolbeg Peninsula. I agree again with Deputy Geoghegan that at this time the issue of the port is important and access to it is critical.

The Department of Transport and the NTA are cognisant that an increased demand for travel from Poolbeg to the city will need to be catered for in the coming years. The transport needs of the area will need to be met in the short, medium and long term. This demand may be catered to by bus, cycling and walking and, depending on the scale and phasing of development, possibly the Luas.

The Government understands the merits of the proposed Luas Poolbeg project. It is one of a number of projects that have been highlighted for possible acceleration as part of the review of the NDP, which is planned for later this year. As previously stated, the NTA has the statutory responsibility for the planning and development of public transport infrastructure in the greater Dublin area. The Department will engage with the NTA in considering the needs of new or accelerated potential transport projects in the greater Dublin area as part of the review of the NDP. Any consideration of that capacity in terms of funding will be made in due course. I thank Deputy Geoghegan again for his contribution.

Deputy James Geoghegan

I thank the Minister of State for that very welcome response. Before any of the announcements were made by the Trump Administration, the Government had made extremely clear that there would be a commitment to and focus on investment in infrastructure. Understandably, the focus of that additional investment is on housing and water but we must not forget about public transport. It is so essential for developing integrated cities. I say this not just about my own city but also about the Minister of State's city. We must do this right across the country.

One of the benefits of ensuring that we get this to a planning stage is that the contractors building these public transport projects, such as the Luas to Finglas, will know there is a pipeline of delivery into the future. If we are being truthful and honest, we will agree that one of the issues that has arisen in trying to develop additional light rail or even the MetroLink is that we have a history in this country of building major infrastructure projects and then stopping. Admittedly, one of the reasons we stopped after the cross city Luas was the challenging financial circumstances the State faced. There is, however, a change of approach now. This Government is focusing very heavily on capital investment. If there is one thing that is in our control in responding to what is taking place in the world right now, it is investing in infrastructure, housing, water infrastructure and, crucially, public transport to enable people to move around the city and get to work and to reflect the continuing demographic growth in our nation's capital.

I very much welcome that this project has been earmarked for potential acceleration in the context of the national development plan review in July. I will continue to raise it with my constituents. Having an integrated network would not only serve my constituency well; it would serve the whole of Dublin well.

Deputy Jerry Buttimer

I thank Deputy Geoghegan for his contribution and ongoing interest in this very important issue. The Deputy is correct. As a member of Dublin City Council, he championed the 15-minute city concept. I fully subscribe to what he said about capital investment in infrastructure, housing and transport, as does the Government.

On the current developments, the National Transport Authority has instructed Transport Infrastructure Ireland to undertake a pre-feasibility analysis of the Luas to Poolbeg project. This analysis will determine the initial feasibility of the project from a passenger demand viewpoint, as stated in the national development plan. The TII, as the project sponsoring agency, and the NTA, as the day-to-day approving authority, will continue with the appraisal and planning of the Luas to Poolbeg project, while the development of the red line Luas extension to serve Poolbeg is currently one of the long-term proposals in the NTA greater Dublin area transport strategy for the 20-year period 2022 to 2042.

It is recognised that the transport needs of Poolbeg will need to be met in the short, medium and long term. I acknowledge that the population will grow significantly in the coming years, as the Deputy pointed out, and that an increased provision of public transport will be needed for the area. I reiterate that the proposed extension of the Luas to Poolbeg is only one of a number of projects identified in the greater Dublin area transport strategy to significantly improve the combined light rail and heavy rail network by 2042.

I assure Deputy Geoghegan that projects will be progressed in line with the requirements of the infrastructure guidelines. The public consultation processes will be undertaken at appropriate stages as the projects are assigned. I understand fully the merits of the proposed Luas red line to Poolbeg, as does the Government.

The Deputy is right on the issue of stop-start. Next Monday, we will see the unfurling of the Luas in Cork proposals by the Taoiseach, the Minister, Deputy O'Brien, and me in the Department of Transport. This indicates the importance of the point the Deputy has raised. The Department is very much aware of the needs but also wants to accelerate the provision of transport infrastructure for the future and to work with TII, the NTA and Members of the Oireachtas in that regard.

I thank Deputy Geoghegan for his contribution and look forward to working with him to prioritise this project.

Renewable Energy Generation

Deputy James O'Connor

I express my gratitude that this topic has been selected for discussion. It is incredibly important. It relates to the rapid development of solar across my constituency and in Cork North-Central and Cork South-Central. This is about what I see as the wholesale changing of the function of agricultural lands in my constituency and their use as solar farms. We are starting to see what these solar farms look like, with the developments that have already taken place in Midleton, and how they change the landscape.

I will run through a number of serious concerns I have in a few different areas. This evening, a public meeting will be held in the Killeagh and Inch parish on what will become one of the largest solar farms in the country. This will involve the change of use of lands from dairy, including one of the largest dairy farms in the country, to solar. I am told by those with whom we have engaged in the community that substation infrastructure has been put in place to handle approximately 2,500 acres of solar in that area. I raise this because this development is not designed to accompany an existing industry or incorporate the residential or commercial power needs of a local area in a sustainable way. This is commercial electricity production that involves, in my view, the transitioning of land away from agriculture towards solar production and the removal of the agricultural facet of that land.

In case people are unaware of how this works, companies will come in and take the land for leases in excess of two or three decades. This involves the complete transition of the land, which will not have any livestock on it. There was some discussion around using it for sheep but my understanding from the people I have engaged with is that this can cause some difficulty in relation to electrics, wires and maintenance. It involves, therefore, the complete removal of livestock and tillage from those lands and their use for solar. In the Cork East constituency this is happening on a scale that is extremely concerning.

Given what is happening in my constituency, I feel that the return from the circular economy is incredibly poor. Dairy farming, beef production and tillage would keep employment in the local area in veterinary, healthcare, farm relief, agricultural aggregate sales such as fertiliser and animal fields, machinery sales and all the professions that come with operating an operational farm involving livestock and tillage. I could go on because the list is as long as my arm. It creates huge employment and that is before we even get to processors, such as Dairygold or Tirlán, formerly Glanbia, the Kerry Group and Ornua, and the thousands of people employed by those processors, not only in my constituency but in other rural areas. If what is happening in east Cork is allowed to continue, it could lead to devastating consequences for the dairy industry. Nobody seems to be picking up on this.

Farming needs to stand up for itself and so do the commentators. Solar is not farming. It is commercial electricity production. Someone has to come in here and say that. I am in favour of rooftop solar. I am also in favour of small portions of land, whether it is 10 acres or 20 acres of a holding, being used for solar on dairy farms as a supplementary income to farmers and to give income stability. I do not support hundreds of acres - up to 1,000 acres with some projects that have been proposed and discussed in excess of 1,000 acres - being used for wholesale transition away from agricultural use to commercial electricity. The State needs to do something about it urgently.

Minister of State at the Department of Housing, Local Government and Heritage (Deputy John Cummins)

I thank Deputy O'Connor for raising this important issue, as I know he has done on many occasions in this Chamber. It gives me the opportunity to update Members on the development of solar farms on agricultural lands in Cork and across the country.

I highlight first that the recently published Programme for Government 2025: Securing Ireland's Future reaffirms Ireland's ambitious target of having 8 GW of solar capacity connected to the grid by 2030 to meet the requirement of 80% of electricity demand supplied by renewables. Solar energy is a growing source of electricity, with circa 1.5 GW of solar photovoltaic, PV, capacity currently installed. Further solar capacity will be required and that will involve a combination of the micro generation the Deputy spoke of and larger projects.

The programme for Government has committed to a land use review to ensure that optimal land use options inform all relevant Government decisions. The second phase of the land use review, which is under way, will seek to identify the key demands on land, both public and private, to inform policies for land use across key Government objectives, including socioeconomic, climate, biodiversity, water and air quality outcomes.

From a planning perspective, the programme for Government contains a commitment to introduce planning guidelines for solar energy developments. In light of this commitment, my Department has begun an initial scoping process to identify the component factors relevant to the preparation of these guidelines, including the possible timeframe for publication. It is important to say that any future guidelines will contain a process for public participation where all views can be taken on board, including Deputy O'Connor's. Until the planning guidelines for solar energy developments are finalised, there are no specific planning guidelines currently in place that deal with solar energy development, as is the case for most types of development. Proposals for individual solar energy developments, including on greenfield sites, are subject to the statutory requirements of the Planning and Development Act 2000, as amended, in the same manner as other proposed developments, with planning applications made to the relevant local authority in the first instance. In making a decision on a planning application for a solar energy development, a planning authority must consider the specific merits or otherwise of the application, in line with the proper planning and sustainable development of the area, having regard to, among other matters, the provisions of the development plan including any zoning objectives; any submissions or observations received from the public and the statutory consultees; and any relevant ministerial or government policies, including any guidelines issued by my Department.

With respect to the regulation of solar energy developments more generally, planning plays an important role from both a policy and legislative perspective. From a policy perspective, the national planning framework, NPF, sets the long-term strategy for the spatial development of Ireland to 2040 and informs the hierarchy of plans that cascade to regional and local levels. The draft revised NPF, which was passed by Cabinet yesterday, includes enhanced policy support for renewable energy development, including, in particular, the introduction of regional renewable electricity capacity allocations for solar development to achieve the national targets set out in the Climate Action Plan 2024.

From a planning legislation perspective, the Planning and Development Act, which was signed into law last year, will deliver a range of measures to enhance the existing legislative framework. As I said, we are in the early stages of developing guidelines for solar developments. I take on board the concerns that the Deputy is raising and look forward to following up with him.

Deputy James O'Connor

I thank the Minister of State. In my opening statement, I referred to what is happening with the solar development in the Killeagh-Inch area and Mountuniacke, but there are others, north of Midleton, in Leamlara, and Lisgoold, and towards Watergrasshill, more are being proposed in Kilquane around Knockraha. What is also disturbing, as the Minister of State highlighted, is the lack of regulation, which, by the way, really suits the developers. They love it. The famous statement is "Beware of Greeks bearing gifts", but I think one should beware of Greeks bearing opinions. Quite a lot of well-known people in Ireland are working as "lobbyists" with regard to this.

I do not need to remind anyone that a few years ago, Midleton was underwater because of the river flooding, not coastal flooding, that occurred in Midleton town, which damaged more than 900 homes and properties. Up the road, solar farms are being developed and planning permission is being sought in several areas for further expansion of that. It makes no sense. My great fear as a TD is that another flooding event will occur, similar to what happened with Storm Babet, before the flood defences are completed, which will take a number of years because it has to go through the same planning process, but if you want to go up the road and build a bloody solar farm, it is fine. It makes zero sense. As I said, the commentators on this are pretty well-known. Some are former election candidates. They have plenty of opinions. It has to be said in the House under privilege.

When you go across the world, you do not walk into a supermarket in any foreign country and see an Irish solar panel on the shelf. You see our agricultural goods, the best of what we make, especially dairy. If this is allowed to expand at the pace I believe will happen over the course over the next five to ten years, this has the capacity to have a detrimental impact on the country's dairy sector and nobody is talking about it because it is an easy buck. The return for the circular economy is appalling. It makes the landowner and the company wealthy. They sell it off and move on and another asset management firm takes over once it is developed and finished. Somebody has to recognise that for the 169,000 people who work in agrifood in this country.

Deputy John Cummins

As I said in my opening statement, and as I know the Deputy knows, there are no regulations currently in place but on foot of the programme for Government we are in the process of developing those. It is important to say that they will involve a public consultation element which people will be able to feed into. It is also important to mention that the planning system as a whole is subject to significant reform at the moment, particularly in the context of the Planning and Development Act and the national planning framework. These processes will augment the existing system, including that of solar development.

That said, I understand the concerns the Deputy is raising. I am from Waterford, where we have had a significant number of solar developments. That is why, in the programme for Government, we are committed to introducing guidelines. It is important to say that looking to our targets and achieving 8 GW will require larger developments of solar energy and it will also require a significant ramp-up of microgeneration, which I know the Deputy cited in his opening remarks. It is not a case of either-or. It is a combination of both. We are committed to introducing guidelines. Significant reforms are under way in the context of the planning process. I will work with the Deputy and others in this House to make sure that we get them right and that we take on board the concerns of the public in the public participation that will be part of any development of the guidelines going forward.

Special Educational Needs

Deputy Fionntán Ó Súilleabháin

This June, a school in my parish, Ballyfad National School, will sadly be closing its doors, as the current sixth class student will move on to second level and the remaining student has secured a place in another school for sixth class next September. The Diocese of Ferns notified the Department of Education about the impending closure of Ballyfad school in recent weeks. It is a school in a beautiful setting overlooking Ballyfad Wood, a natural woodland, and the north Wexford and south Wicklow coastline. It has a high-speed broadband hub and community centre next door.

Like any rural school closure, it is a sad event for a building that has served the local community for 74 years since it replaced the old school on this site in 1950. As the Minister of State, Deputy Moynihan, knows, a rural school is the heartbeat of a local community. This school has so much history. It even produced a local GAA all-star. However, every cloud has a silver lining. There is huge community and political support on both sides of the Wexford-Wicklow border for this lovely building to be repurposed as a school for those with special or additional needs. The physical building is there and is very good. There is most certainly demand in this area, which is close to the Wexford-Wicklow border, between Arklow and Gorey, two very large towns. All we need now is for the Minister of State's Department to please look at this proposal and hopefully implement it.

I was a special education teacher and taught in Gaelscoil Moshíológ in Gorey. We recently gave a full school wing to allow the Department to establish Gorey Hill special school. The Tánaiste, Simon Harris, officially opened it just weeks ago. It has just 24 pupils. It is an excellent school. It will only be taking in six more pupils in September. Many primary schools in north Wexford and south Wicklow have early intervention units, which are basically preschool units for those with special needs. There is substantial demand for special school places in north Wexford and south Wicklow that Gorey Hill School would not have the capacity to cater for. As the Minister of State knows, last week, parents slept outside Leinster House, desperately demanding spaces for their children. As we all know, there has been a failure of successive governments to invest in special education, which has left many children with special needs without places that they urgently require.

I followed the debate last night and listened attentively to the Minister, Deputy McEntee. She outlined plans for the opening of quite a lot of new special schools. I ask the Minister of State, respectfully, if he would consider repurposing the Ballyfad National School building as a school for children with special or additional needs.

Minister of State at the Department of Education (Deputy Michael Moynihan)

I thank the Deputy for his Topical Issue. I stress that enabling students with special educational needs to receive an appropriate education is an absolute priority for me and the entire Government. It is the Government's priority to ensure that all children have an appropriate school placement and that all necessary supports are provided to our schools to allow children with special educational needs to flourish and prosper. Of the 400 special class places provided for in budget 2025, the NCSE has advised that more than 390 have already been sanctioned for the 2025-26 school year. Eleven are in Wicklow and 12 in Wexford. They will be added to the 3,330 classes already in operation across the country. There continues to be an increased need to provide additional special school places to support children with complex needs. To meet this need, 11 new special schools have been established in recent years and capacity has been expanded in a number of others. As the Deputy referred to, Gorey Hill School is one of those established in recent years. We welcome that development. Five more special schools will be established in the 2025-26 school year: one in Cork, two in Dublin, one in Monaghan and one in Tipperary. The new special schools established over recent years have focused on providing additional places in our larger urban areas, in Cork and Dublin in particular. The Department and the NCSE have begun planning in relation to further expanding special school capacity for the 2026-27 school year. It is estimated that a further 300 new special school places may be required each year for the coming years.

When it is looking to provide additional capacity, the Department's preferred option is to increase provision in existing special schools if possible. Where this is not possible in a region, the Department and the NCSE will consider the need to establish a new special school. Where existing capital owned by the Department can be repurposed, it makes sense from a time, economic and environmental sense to do so. However, each building is evaluated on its individual merits for its suitability. Of particular relevance is the development of an inclusive environment that promotes the integration of children with special education needs with their mainstream peers to the greatest extent possible. In that context, campus solutions for new special schools are prioritised. In planning for increased special school places, the Department and the NCSE are reviewing all of the available data on the growing need for special school places across the country. This involves a detailed analysis of enrolment trends and the potential for existing special schools in a region to expand. Part of the forward planning process as to where new classes, schools or expansions are required looks at how far students are travelling to access an education appropriate to their needs. This is an important factor which has been incorporated into the decision-making process. Consideration is also given to the information the NCSE holds at local level on the number of children seeking a special school place in the region. The Department and the NCSE are committed to ensuring that sufficient special school placements remain available for children with special educational needs and will continue to review and monitor the situation in County Wexford and nationwide as to where new special schools are required.

Deputy Fionntán Ó Súilleabháin

I thank the Minister of State. I welcome his acknowledgment of common sense in repurposing existing buildings. From an economic and environmental point of view, it makes sense. I also welcome his comments in relation to Gorey Hill School and the establishment of special classes in Wexford and Wicklow. As he pointed out in his remarks, five more schools will be built in other counties. Will the Department look at the Ballyfad National School building? There are early intervention units in a number of local areas. Those children will need places to go. There is one in Barndarrig and another in St. Michael and St. Peter's Junior School in Arklow. Ballyellis National School has two early intervention units. Just 2 km down the road from this building, Coolgreany national school has two early intervention units. People ask where these children will go. It makes sense that they should just go up the road to a repurposed special school nearby when the building is already there. St. Catherine's Special School in County Wicklow will have seven places for September. However, there are 72 children on the list seeking a place in this school. There are six places across the border in Gorey Hill School. However, the figure could be way over 66 and much more. Demand is there and so is the building. I ask the Government to adopt a common-sense approach. It makes perfect economic and environmental sense for the Department to repurpose these schools as special education centres.

Deputy Michael Moynihan

I thank the Deputy again for raising the question and giving me the opportunity to reassure the House that the Department of Education and the NCSE are committed to ensuring that all children can access an education suitable to their needs. The Department of Education continues to engage intensively with the National Council for Special Education in relation to forward planning for new special provision for the 2025-26 school year and future years to ensure every child has a place in an educational setting best fitting their educational needs. There are now more than 28,000 children being supported in special schools and classes with the number of special classes increasing by 100% since 2020, only five years ago. There has been huge investment by this Government and the previous Government in special education.

It is a statutory responsibility of the National Council for Special Education to work with schools to provide sufficient special education provision each year. As already outlined, budget 2025 provides funding for 400 new special classes and up to 300 additional special school places for the 2025-26 school year. This new provision is announced as the locations are confirmed. The Department and the NCSE are then looking to the 2026-27 school year and will continue to monitor the need for additional school place provision based on demand.

Pension Provisions

Deputy Danny Healy-Rae

I wish to discuss pension abatement for retired nurses who returned to work during Covid and other workers who returned to vaccination centres, wards and community settings. They were highly experienced people. They answered the call and came back to work. They were told their pensions would not be affected. Some went into mental health into the CAMHS clinical liaison support team. They were told they could work up to 19.5 hours and it would not affect their pensions. They brought many years of experience and knowledge with them. Everything was going grand until the Department of Finance intervened sometime late in 2022 and told the HSE this would not be so and the pensions would be abated. The HSE never relayed that to its workers. The workers did not know. They continued on along in the vein they were working. The HSE HR section, especially in HSE south, told the workers everything would be all right. The story is that the Department of Finance and Revenue, the pensions side of it, are looking for money back. Some people are being asked to pay back €2,700, €4,000 or €5,000.

One highly qualified individual who went back into mental health is being asked to pay back €25,000. This is totally and absolutely wrong.

These workers, would you believe it, are still working through the health agencies that supply people to the HSE at an extra cost of about 25%. The work must be done - there are people with mental health problems and people in the hospitals - so the HSE is employing agency workers and it is costing 25% more. There is an embargo on hiring new nurses, which is wrong. I have raised this several times before. These people are so good that they are continuing to work. They are just getting the same amount, but the agencies are charging 25% or 30% on top of this.

I ask the Ministers to look at this. I seem to have an awful lot of these people on my books. They are ringing me every day. They are ringing the office to ask if we can do something about it. I raised it here during the term of the last Government and it is still the same. People are still getting these demands. It is not fair to put them through this at this age of their life, at upwards of 70 years – many of them 71 or 72 years. It is not fair.

I am asking for intervention. As new Ministers and a new Government, I ask them to deal with it and get it out of the way. I ask them to please look at the agency situation and at the case, for example, of a girl who came back to her job after three years of a career break but will not get her job back in CUH in Cork. She has been told there is no job there for her at the present time. She left her job and took a career break, and now she is not being allowed back. The Minister of State must deal with this. It is very serious to treat people like this. They came back and put their own families at risk by going out and working in vaccination centres and wards. They put themselves and their families at risk to do this for the State.

Minister of State at the Department of Health (Deputy Jennifer Murnane O'Connor)

I thank Deputy Healy-Rae for raising this issue. Before I start, it is important to acknowledge the incredible work performed by all nurses and the key role they play in delivering essential health services to those most in need across the country, not only during Covid but every day of the week.

This Government is committed to supporting and continuing to grow the nursing workforce. We have seen unprecedented growth in the health sector workforce, with record levels of recruitment in the HSE over the past five years. There are over 29,000 more staff working in the health system today than there were at the beginning of 2020, an increase of more than 24%, which includes an additional 10,154 nurses and midwives. According to the most recent OECD report, Ireland has 12.8 practising nurses per 1,000 population, which is the second highest number among the reported EU countries, second only to Finland. In comparison, the UK currently has 8.7 nurses per 1,000 population.

It is true that during Covid many retired nurses returned to work in the HSE to support the national response to the pandemic. Under normal circumstances, when a retired public or civil servant returns to work in the public sector, they can only be reimbursed to the value of their final salary, and their pension is abated accordingly during the period of employment. However, to support retired workers to return to work during the Covid emergency, the then Department of Public Expenditure and Reform approved a temporary waiver of pension abatement. In effect, this meant that those retired workers could receive the full benefit of their salary and their pension. This temporary Covid emergency waiver ended on 31 March 2021, when the abatement policy for the health sector returned to normal, in line with all other sectors. It is the case that some retired persons remained in employment beyond the March 2021 date.

The Department of Health issued a communication to the HSE on 15 January 2021, informing it that the waiver was to cease on 22 January 2021. The HSE issued a communication to its own management teams. This information was also made available to all staff on the HSE website. Unrelated to the Covid waiver, the Department of Public Expenditure and Reform issued further guidance in December 2022 which clarified the rules regarding pension abatement and the methodology for the calculation of same. The HSE, in turn, issued its own memo, 059/2024, in early 2024, outlining the content of the Department of Public Expenditure and Reform guidance. As a result of this new guidance, abated employees are currently being assessed by the HSE for compliance.

All retired public servants who are re-employed by any public service body are subject to pension abatement rules. The HSE is obliged to apply the regulations that are in place and to calculate and apply abatement as laid down in Department of Public Expenditure and Reform circular 24/2022 as of 1 January 2023.

I am aware that many retired nurses choose to work in private agency companies and can do so without any impact on their pension. However, the Department and the HSE are committed to reducing the reliance on the use of agency staff and to filling vacancies through direct employment in the first instance in order to build a sustainable workforce for the future. In fact, reaffirming this commitment was a major ask of all representative bodies during the recent WRC negotiations regarding staff.

An Cathaoirleach Gníomhach (Deputy Ken O'Flynn)

I thank the Minister of State for coming in under time.

Deputy Danny Healy-Rae

I thank the Minister of State for coming in to answer my question about this. I do not thank her for reading out the section of the reply that claims kudos for the number of extra people employed by the HSE. Clearly, the HSE, the wards and the hospitals are understaffed.

Regarding this particular episode, these people who came back to work did so out of the goodness of their heart when they saw that the country was under pressure. They were told their pensions would not be affected. Then, the Department of Finance came along and said they would be affected. However, when they queried this with the HSE, they thought they were safe to work away, and this is what they did. Now it is ongoing. That is what I ask the Minister of State to sort out. It is not fair on these people.

I take these people’s word because they worked for the HSE and the country, most of them for more than 40 years. There was never a question of them relenting in or not complying with their duties. This is what they are saying to me. They were told by HSE south that they were safe and to work away. After I highlighted it here in the Dáil, some of them stopped working and went to agencies to do the same work. I believe these people. I ask the Minister of State to look at what happened because clearly the HSE HR told them they were safe to stay working, and that is what they did. They did not let the people down. Some of these people were dealing one to one with patients who maybe would have committed suicide or done a lot worse. They felt an onus on themselves to keep working. When they got the nod from the HSE that they were safe and they would be sorted out with the Department of Finance, that is what they did. I want the Minister of State to sort this out and take no more tax or extra money out of their pensions.

Deputy Jennifer Murnane O'Connor

I can see the Deputy’s passion, and I do understand. It is important to reiterate our appreciation for the work carried out by all our healthcare workers throughout the pandemic, including those individuals who returned from retirement to help their colleagues and the public when they needed it most. I understand that.

The temporary waiver of pension abatement was introduced at a time of great need. The normal rules of pension abatement are that waivers will only be granted in exceptional circumstances, for a limited period of time. In this case, they ceased to operate from March 2021. I know I have already said that to the Deputy.

When new circulars are introduced, the HSE national pension payments team is mandated to apply the regulations in force regarding the abatement, specifically the Department of Public Expenditure and Reform circular 24/2022 as of 1 January 2023. The HSE is obliged to calculate and apply abatement as laid down in the circular. It is important to note the HSE is only reviewing compliance from this date on, and not for the duration of the temporary Covid waiver.

The Government is committed to supporting the ongoing recruitment and growth of our health service workforce.

Reliance on retired workers and exemptions from the principle of pension abatement is not a durable solution or one that should be relied on long term. There has been an unprecedented level of investment by this Government in the health service workforce in recent years with over 29,000 more staff working in our health service today than at the beginning of 2020. Funding provided in 2024 and 2025 will allow the HSE to recruit an additional 7,000 staff in 2025, in addition to replacing department staff.

The Government is also committed to enhancing the supply of new graduates by increasing training places. Since 2014, first year nursing places in Irish higher education institutions have grown by 50%. An additional 122 nursing and midwifery places were provided in Northern Ireland in 2023 and a further 78 additional nursing places were provided in 2024. I thank the Deputy for bringing up this issue and for highlighting it and I will go back again to the Department on it.

Insurance Industry

Deputy John Clendennen

I thank the Ceann Comhairle for selecting this Topical Issue. Over the past number of years very significant progress has been made on insurance reform. The importance of insurance and the security and protection it provides for policyholders cannot be underestimated and it must be readily available and affordable. The impetus for and the objectives of all the recent reform was very simple. Insurance premiums were too high and were posing an existential threat to charities, voluntary organisations, homeowners, motorists and many small and medium enterprises. We had the extraordinary anecdotal examples where playgrounds and community volunteer facilities were closing or restricting activities, primarily due to crippling insurance costs. Positive change has occurred and I commend the recent Government commitment to implement these reforms. We have seen some reductions in premiums from certain insurers but many believe a wider commitment from the industry is still lacking.

In January, the Injuries Resolution Board reported a 40% drop in claims and a 37% decrease in annual awards since 2019, while personal injury guidelines have also yielded a reduction in awards of approximately 35%. Yet, premiums continue to rise. The Central Bank recently reported that liability premiums increased by 4% in 2023 and 17% since 2020. Despite falling claims, insurers' profits rose by 13%, amounting to €175 million. There is an evidential imbalance and one could argue that in recent years public liability and employers' liability has been impacted by ongoing uncertainties around the personal injury guidelines. The most recent report from the National Claims Information Database includes some alarming figures regarding legal costs and claims. A resolution through the Injuries Resolution Board costs approximately €1,000 in legal fees with an average award payout of €23,000. When the same case moves to litigation the award does not change and yet the legal fees jump to an average of €23,000. Claimants are no better off and must wait for years longer while, essentially, these additional legal costs are passed on to policyholders.

One must question why so many cases are sufficiently intractable and complex to warrant moving beyond the Injuries Resolution Board when one considers that only 4% of these cases end up in court. There has been a 17% increase in the number of cases going the litigation route between 2019 and 2023. The additional legal costs from these cases are feeding into higher premiums for policyholders. Many believe there are no down sides to the litigation route as there will be no additional award. This in an absolute fallacy. Insurance companies do, and will, pass on the additional legal costs in higher premiums for very hard-pressed policyholders. Legal fees added 63%, or €123 million, to the cost of settling liability claims in 2023 alone.

There is also a major gap in data, in particular around claims settled after leaving the Injuries Resolution Board but before reaching court. We need greater transparency to fully understand the cost drivers. All of these costs are increasing uncertainty with growing challenges at a time there is growing concern and uncertainty around how the US tariffs will materialise and impact people.

Adding to this uncertainty is the latest proposal from the Judicial Council to increase personal injury awards by 16.7%. While special damages or actual losses should reflect inflation, there is no justification for increasing general damages for pain and suffering. These increases will directly drive up premiums and I urge the Minister and the Government not to proceed with this proposal at this time.

Deputy Michael Moynihan

I thank the Deputy for raising this hugely important Topical Issue and convey the apologies of my colleague, the Minister for Justice, Deputy Jim O’Callaghan, who regrets he cannot be here due to another commitment.

On behalf of the Minister, Deputy O’Callaghan, I thank the Deputy for raising this important matter here today and for giving me the opportunity to provide clarity on the manner in which the personal injuries guidelines are drawn up and implemented. I state at the outset that it is not a matter for the Minister for Justice to approve the adoption of the guidelines. Under the Judicial Council Act 2019, the Judicial Council, which, as I am sure the Deputy is aware, is independent in its functions, has the responsibility for drawing up and reviewing the personal injuries guidelines.

The first issue of the personal injuries guidelines came into effect in April 2021 and these guidelines have had a clear and significant cost saving impact since their introduction. That being said, the guidelines were challenged in the Delaney v. PIAB case, in which the Supreme Court upheld the guidelines, but identified deficiencies in the underpinning legislation which was amended by the Oireachtas in the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024. In accordance with the 2019 Act, as amended, the Judicial Council has conducted a review of the guidelines and submitted draft amendments of the guidelines to the Minister for Justice to enable the laying of the draft amendments before the Houses. The draft guidelines submitted to the Minister by the Judicial Council propose an across the board increase of 16.7% in compensation amounts. This figure aligns with the increase in the harmonised index of consumer prices over the period from when the guidelines were last agreed in 2021.

Section 7(2B) of the 2019 Act requires the Minister for Justice to lay the revised guidelines before each House of the Oireachtas as soon as is practicable. The Minister will, therefore, shortly be laying the draft amendments before the Oireachtas after which a resolution regarding the draft amendments can be considered. The legislation provides that the draft guidelines must be approved by a resolution of both Houses of the Oireachtas before they can be brought into operation. The Oireachtas will have an opportunity to debate the matter once the resolutions proposing adoption of the guidelines are tabled. I must stress, however, that the legislation passed by the Houses last year does not provide for the amendment of the guidelines by the Oireachtas. When the resolutions have been approved by the Houses, the Judicial Council will then meet to formally adopt the guidelines. This is in keeping with the 2019 Act adopted last year.

Deputy John Clendennen

I thank the Minister of State. In no uncertain terms, this will lead to an increase in premiums and costs to every one of the societal areas I mentioned in my earlier contribution. General damages awards in Ireland remain significantly higher than in Europe. Increasing them further will only put more businesses at a competitive disadvantage and place even more pressure on strained sectors of society. We have made meaningful progress on insurance reform but adopting this proposed 16.7% increase in general damages would be a step backwards. It would undoubtedly lead to higher premiums and undermine the good work to date.

There are three areas we need to act on. First, we must defer this proposed increase in general damages. Now is not the time to impose further costs on policyholders and businesses. Second, we need greater transparency. There is a data vacuum around cases settled after the IRB rejection but before court. I propose amending legislation to require these settlements be registered with the Injuries Resolution Board or another suitable agency or agreed independent body so that we can get regular reports in a timely and objective manner as to what is happening between the IRB and court.

Third, we need to rebalance the system. Claimants should either have a clear incentive to accept IRB awards or a disincentive to reject them. For example, if a claimant does not achieve a set premium over the IRB offer through litigation, they should be liable for their own costs.

If awards continue to be reviewed upwards every three years and if it takes two and a half years to settle a case, claimants will wait it out and litigate. This creates even further uncertainty for insurers, it increases legal fees and, ultimately, it drives up premiums. I urge the Minister of State to convey the message to the respective Minister to act now to protect the integrity of insurance reform and ensure a fair, sustainable and affordable system for everyone.

Deputy Michael Moynihan

I again thank the Deputy for raising the matter and providing me with an opportunity to go through the issues. I listened very closely to the points the Deputy made and I am aware of the views expressed by some stakeholders that the proposed increase will have the effect of increasing premiums. This is something we have to consider in the future in terms of how the Act operates. Members of the House will have an opportunity to discuss this in fuller detail when the resolutions are presented.

On a more general level, the Minister for Justice is acutely aware of the issues with insurance reform and it continues to be a key priority for Government. The new programme for Government commits to the publication of a new action plan for insurance reform, with a focus on encouraging further competition in the market and working with the stakeholders to enhance transparency and affordability across all types of insurance. The Cabinet subcommittee on insurance reform will continue to monitor the effects of the action plan for insurance.

Over the years, the issue of insurance premiums, payouts and the constant issue for some businesses of even finding insurance is a really concerning one for Government, for the Minister and, indeed, for me because we have worked on it over many years. I will relay everything the Deputy has said this morning to the Minister and to the Government.