I welcome the Minister of State, Deputy Cannon, to the House.
Adjournment Matters
Anti-Social Behaviour
I wish to share my time with Senator Cummins. I, too, welcome the Minister of State to the House. This motion relates to a long-standing problem at Templars Hall housing estate in Waterford. The Minister of State may be aware from media coverage nationally and locally that residents of Templars Hall housing estate, Waterford have been experiencing problems in their estate in the past seven or eight years.
By way of background, there are 311 houses in the estate, only 40 of which are lived in by home owners, with the vast majority being rented, in particular by students. There have been major problems with students living in this estate. While, to be fair, the Garda Síochána and students union have done their best to deal with anti-social behaviour problems in the estate, the problem has, for some unknown reason, gotten worse. Often, more than 60 students congregate at parties in houses following which there is shouting, drinking on the streets, urination on people's cars and properties, throwing of rubbish and empty bottles in residents houses.
I wish to read the following, which was said by a resident of the estate, a teacher who has been living with her boyfriend in a rented property in the estate for the past four years:
The amount of students here the other night was unreal. I can't sleep and in my job I have to be on top of my game. People say why don't you move out but why should we, we have made this house our home?
A second resident spoke of people screaming, shouting, singing, urinating against walls and smashing bottles. This problem usually starts between 11 p.m. and 12.30 a.m., eases when the students are in the bars and clubs and kicks off again from 2 a.m. to 4 a.m. Not all the students living in the estate are involved in anti-social behaviour. However, there is a major problem in this estate.
I received a handwritten letter from a resident who asked me to pose a number of questions to the Minister of State. In the letter, the woman speaks of the physical and mental health problems being experienced by many residents because of this constant anti-social behaviour in their estate by students. Children who have to attend school cannot sleep at night because of the disturbances. There is no safety for residents. They are now being assisted by a number of councillors from all parties in patrolling the estate, which they have been forced to do by the level of anti-social behaviour. They have received support from councillors, the Garda and the students union. Responsibility lies with the students engaging in anti-social behaviour.
The residents have asked me to put a number of issues to the Minister of State and the Minister for Justice and Equality. First, the Garda points out that it does not have the power to deal with house parties and large congregations of people who are drinking and playing loud music. It can deal with public order offences, but not loud music. Second, the Garda can only work within its budget and resources. The residents in this estate feel as if they are under siege and trapped on those nights when ani-social behaviour occurs. They believe the State and the Garda are not supporting them. This is not because the Garda does not want to support them, but because it does not have the resources and only possesses limited powers.
I appeal to the Minister of State to examine the media coverage of what is occurring in the estate. He should contact the local gardaí, find out what is going on and determine whether more could be done to support the residents. They are trying to live in peace on their housing estate but this is not possible because of the anti-social behaviour of a small minority of students who seem to believe that they can do what they like and cause major disruption in the lives of the estate's residents, including children.
I thank Senator Cullinane for allowing me time to comment on this serious issue in the Templars Hall housing estate in Waterford city's ward 3, an area that I represented for many years. My son, who is a councillor in the area, patrolled it with the students union last year. I compliment the union's members on trying their best to control louts. If their parents knew, they would not allow their children get up to such activities. The conduct of these louts is deplorable. The estate is home to a small number of permanent residents. What they have been forced to put up with for several years is unacceptable. What these so-called students have been up to is indescribable.
I compliment Senator Cullinane on raising this matter. I hope that all necessary resources will be provided to combat this blackguarding and give some peace to the estate's excellent residents.
I thank the Senators for raising this matter on the Adjournment. I am speaking on behalf of the Minister for Justice and Equality, who regrets that he is unable to be present due to other business. He shares the Senators' concern about incidents of anti-social behaviour in the Templars Hall area in Waterford and is conscious of how distressing such incidents are for the local community.
The programme for Government includes a commitment to attach a higher priority to community policing and, within available resources, a higher Garda visibility in the local neighbourhoods worst affected. The Garda Síochána operates a model of community policing that builds upon and enhances good community policing practice. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public and enhanced support for crime prevention strategies such as neighbourhood watch and community alert.
In its policing plan for 2011, the Garda has prioritised actions to achieve the maximum levels of safety for local communities and to provide a community policing service that meets the demands of the public. The plan identifies a range of strategies to be deployed to counter anti-social activities, including targeted operations, high visibility patrols, deployment of appropriate resources to identified public order hotspots in respect of alcohol and drug-related behaviour and youth crime, and the full utilisation of existing legislation.
The Minister has been informed by the Garda authorities that local Garda management in Waterford is aware of difficulties being experienced by residents relating to public disorder and other anti-social behaviour in the Templars Hall area. In terms of a front-line policing response, additional resources from within the Waterford Garda district have been deployed in the locality by local Garda management to conduct additional patrols in this area and its environs on days and at times identified as being when such behaviour is more likely to occur. The area continues to receive a high level of priority.
Records indicate that in 2011 to date, there have been 126 public disorder-type incidents reported to the Garda in the area. These have resulted in approximately 21 persons being arrested for offences relating to public disorder, assault, drink driving, possession of drugs for sale or supply and theft-related crimes.
Members of the local community policing unit, working with local residents, the Waterford Institute of Technology authorities and the students union, have developed an action and response plan to combat such behaviour. This approach has resulted in a reduction in anti-social behaviour in the area, as acknowledged by the local residents association. Local Garda management, through the community policing unit, continues to work with all stakeholders in the area to address issues that arise and to respond to complaints by local residents. The Garda advises that anti-social behaviour in the area is not confined to any particular grouping.
Local Garda management held a productive meeting with local residents on 6 October to discuss their continuing issues of concern. The Garda in Waterford is committed to continuing to work closely with the residents association and the local community. The community policing unit remains in ongoing contact with the residents association, the college authorities and the students union. Local Garda management monitors operational strategies on an ongoing basis in conjunction with trends in crime and anti-social behaviour and the policing needs of communities to ensure optimum use is made of Garda resources and the best possible Garda service is provided for the public. The Minister and the Garda authorities will continue to attach the highest priority to tackling anti-social behaviour wherever it occurs.
I thank the Leader and the Minister of State for their contributions. A number of members of the residents association are in the Visitors Gallery and will be grateful for the Minister of State's comments.
The figures speak for themselves. That 126 public disorder-type incidents have been reported to the Garda shows the extent of the problem. Will the Minister of State revert to the Minister on the matter of constant house parties on the estate? On a weekly basis, large gatherings of 60 or more people play loud, banging music and drink on the streets. The law needs to change to enable the Garda to be able to better police communities. The Minister needs to examine the gap in the legislation. While gardaí visit the estates and co-operate with residents, the latter often find that the gardaí do not get out of their cars and what are termed "paddy wagons" and do not confront people. Perhaps this is because they do not have the necessary powers or resources.
I commend all of the people who are trying their best to address the problem. Where there are constant house parties, we cannot hide behind the claim that the same occurs everywhere. It does not occur everywhere three or four days per week for six or seven months of the year; therefore, it should not be allowed to go on in the housing estate in question. The Garda should be allocated increased resources and powers to address these serious issues.
I will take the Senator's concerns directly to the Minister. If the legislation contains weaknesses, we will consider how to strengthen it.
I thank the Minister of State and welcome the visitors from Waterford.
Ambulance Service
I tabled this matter in light of the reduction in the ambulance service in the Caherciveen area, which covers most of Kerry South from Killorglin to Castlecove, a distance of some 40 miles. It also covers the extensive area from Valentia up to Dromod-Maistir Gaoithe. Ambulance cover for the area is being reduced to the hours from 8 a.m. to 8 p.m. I cannot understand the reason this is being done. Medical doctors are fearful that this decision has been taken behind closed doors without knowing the facts. The man with the ultimate decision on this in the ambulance service is based in Kilkenny. Why would he not protect the ambulance service in his own area? He has probably never visited the south Kerry area and does not know the topography of the area we are speaking about.
To put this in context, the importance of the golden hour in receiving treatment is often spoken about and the area concerned is an hour's travel time from Kerry General Hospital in Tralee. If one were to become ill in this area and an ambulance were to arrive immediately, it would still take it an hour to get to Kerry General Hospital but if this proposal were to go ahead, it would take an hour for the ambulance to get to the area from Tralee and another hour from it to get back to Kerry General Hospital. It is crazy. The lives of people will be put at risk. I do not believe that the lives of people living in urban areas are any more valuable than those of people living in rural areas. They deserve the same or a similar service to those living in an urban residence. Furthermore, how will the summer influx of holidaymakers to the south Kerry region be covered if there is only one ambulance covering the area from 8 a.m. to 8 p.m? I would like to hear the Minister of State's response to these points.
I am replying to this Adjournment matter on behalf of my colleague, the Minister for Health, Deputy James Reilly. I thank the Senator for raising it.
The HSE has confirmed to the Minister that services are not being diminished. What is happening is that traditional work practices within the National Ambulance Service, NAS,are changing, as stations move to on-duty status and away from on-call. Being on-dutymeans highly trained paramedic crews will be in the stations to respond to calls rather than having to be called out to the station, which is inevitably slower in responding to emergency calls.
The Labour Court recommended that the HSE abolish on-call for all NAS staff in Cork and Kerry. The ambulance staff has sought the elimination of on-call working. It has already been reduced from 44 hours to 16 hours per week and that it will continue to decrease on a phased basis, as part of the improvement of services and response times in the region. There are ongoing discussions with staff on implementing the proposals, including in Caherciveen. The HSE and unions are committed to this process.
This change is to ensure that the needs of people in Cork and Kerry continue to be met in an integrated, safe and effective way by a modern service and within available resources. The focus of the HSE's current plans is to deliver a better service from the funds available rather than saving money. It also means that resources can be deployed dynamically based on need and demand patterns, rather than simply by location, giving greater flexibility and responsiveness. For example, an ambulance operating on a 24 hours a day, seven days a week basis in Killarney or Kenmare would be moving between areas to maintain spatially based emergency cover, based on predictive analysis, and then dispatched every time a rapid response vehicle is dispatched. Effectively, this means that the ambulance would be available to transport the patient by the time the paramedic or advanced paramedic has assessed and treated the patient. This will produce better response times for the people in the Cork and Kerry area and a better service.
The National Ambulance Service proposals are phased. In phase 1 stations in east Cork with night time on-call will have crews rostered on-duty 24 hours a day, 365 days a year. The more rural stations of Castletownbere, Kenmare, Bantry, Skibbereen and Caherciveen will be in later phases. The service will be evaluated after each phase.
Caherciveen will, under the new system, move from on-call at night to full 24 hour on-duty cover. Paramedics will be present at all times, with an on-duty ambulance during the day and an on-duty rapid response vehicle, staffed by advanced paramedics, at night. The dynamic delivery model means that an on-duty emergency ambulance will be available from within the region as required.
Current evidence suggests patient outcomes can be improved by better treatment and stabilisation at the scene, followed by ongoing treatment and transport to the most appropriate centre, even if that means longer transport times. On-duty service will enable a modern emergency response service involving paramedics, advanced paramedics, community first responders and GP out-of-hours services working together to respond to emergencies. This approach is consistent with international best practice and will ensure compliance with HIQA response times and quality standards.
On-duty rostering is one of several service enhancements. Other developments include improved control and dispatch, practitioner deployment and inter-hospital transfers. All of these will allow the NAS to provide a better, safer, more comprehensive and more efficient emergency ambulance service for the people of Skibbereen and the Cork and Kerry region as a whole.
I thank the Minister of State for his comprehensive response. I imagine that approximately 90% of all car accidents happen at night. How does one cover an accident involving two cars if one paramedic is sent to the scene of the accident where five people may be injured and there is not an ambulance at the scene? An accident occurred in my constituency last year where the fire brigade crew were the first to arrive at the scene and on arrival they then called for an ambulance but by the time the ambulance arrived, it did not make it on time because the scene of this accident was 22 miles from civilisation. This must be borne in mind.
The area we are talking about is vast, with much of it very remote and the topography would be difficult to travel in the best of times. The people of south Kerry in the Caherciveen area are being let down. They will not take this lying down and that there will be a response from the people of the area.
School Transport
I welcome the Minister of State, Deputy Ciarán Cannon, to the House. It is fortuitous that the Minister of State with responsibility for school transport is here to listen to my plea and request and, I hope to respond with a degree of compassion and flexibility to bring assistance to the pupils at the Adair national school in Fermoy, County Cork.
We are speaking in Seanad Éireann this afternoon about a matter concerning a minority community mainly of the Church of Ireland tradition. I take this opportunity to cite something William Butler Yeats said in this House on 11 June 1925 when speaking about a particular legislative difficulty faced by the minority Church of Ireland people:
We against whom you have done this thing are no petty people. We are one of the great stocks of Europe. We are the people of Burke; we are the people of Grattan; we are the people of Swift, the people of Emmet, the people of Parnell. We have created the most of the modern literature of this country. We have created the best of its political intelligence.
Those comments by William Butler Yeats about those to whom he referred as "no petty people" are ones on which we should reflect when we are considering the question of school transport being withdrawn from a minority community and a very small number of pupils.
As the Minister of State may be aware from correspondence submitted to his office, the Adair school in Fermoy, which is under the management of the Church of Ireland, was founded in 1804. It is a very old and established national school that has served its community in a tremendous way for generations.
The Minister of State's Department accepts, from a school transport perspective, that ten pupils in the school meet the distance criteria of the 3.2 km, but the Department has indicated that these ten children do not come from what was termed a distinct locality. On behalf of the pupils, parents, teachers and all people in north Cork concerned about the protection of the rights of a minority group, I advise the Minister of State that the catchment area for this Church of Ireland school in Fermoy is the boundary of the grouping of parishes which makes up the Fermoy union. It is not only a single parish. It is an area covering approximately 400 square miles. That area has been served with school transport for many years.
As far as the parents, the teachers and the pupils would be concerned, that is the distinct locality. For pupils from that area, if they wish to receive an education in a school of their choice and of their tradition, their local school is the Fermoy Adair school.
The Minister of State's office, through one of his principal officers or possibly the principal officer at the Department of Transport, Tourism and Sport, was, I believe, asked to clarify what was meant by a distinct locality and wrote that, in regard to a distinct locality, the guidelines of the scheme clearly outline that a service to convey a group of children whose homes are at scattered points in a school district would not be approved. The strong argument made to me by those concerned about the situation in Fermoy is that under those guidelines no child living in a rural area would be eligible to receive bus transport to school because in rural areas all children live in homes that are at scattered points in a school district. The question of the distinct locality must be looked at again.
In the large geographical area of north Cork there are only two national schools offering a choice to children of Church of Ireland or other minority traditions, Mallow and Fermoy. The Fermoy school has not only pupils of Church of Ireland background. In recent years up to 14 nationalities have attended these schools. The school is diverse and inclusive in that regard. I am advised the enrolment fluctuates between 35 and 45, but the vast majority of those children are attending that school because it reflects the ethos of their parents, their grandparents and their entire tradition in north Cork, and that is something which must be protected.
I am the first to appreciate that the Minister of State and his colleagues in government are under grave financial constraints and that he is reviewing the school bus transport system, but in cases where we are talking about a minority religious tradition we must be exceptionally protective and, where possible, not only compassionate but flexible.
There is some sort of appeals process available and this case may well be in that process. Given their tradition and their place in the landscape of the area, not only educationally but socially, culturally and historically, it is important that schools such as the Adair school are protected. Unfortunately, if the school transport service is withdrawn, that will be almost a body blow to the school itself.
I appeal to the Minister of State to look sympathetically and compassionately, and, I hope, favourably, on the pupils at Adair who since September have been without school transport. Without the return of school transport, the future of this school is under threat. From a religious, societal and inclusive perspective, that would be bad. I hope the Minister of State can use his undoubted skill to bring progress to this difficult situation.
I thank the Senator for raising the matter today as it provides me with an opportunity to clarify the general position on the changes in the primary school transport scheme announced in budget 2011 by the previous Fianna Fáil-Green Party Government. These changes derive from recommendations in the value for money review of the school transport scheme and include the introduction of charges, changes to the closed school rule and changes to the minimum numbers required to establish or maintain a service. In particular, I wish to outline more fully the changes to the minimum numbers required to establish or maintain a service as it is this change which has affected the bus service to Adair national school.
The change in the minimum numbers required to establish or maintain a service, requires that, from the 2011-12 school year, a minimum of ten eligible pupils, residing in a distinct locality, will be required to retain or establish a school transport service. This brings the minimum numbers required to establish services back to 2002 levels. It is interesting to note that when the change was made in 2002 to establish a minimum number of seven rather than the previously agreed minimum number of ten, the cost of providing school transport went up by €20 million the following year.
On a distinct locality, the guidelines of this scheme clearly outline that a service to convey a group of children whose homes are at scattered points in a school district would not be approved. On the advice of Bus Éireann, which operates the scheme on behalf of the Department, the number of eligible applicants from a distinct locality in this instance is below the required number of ten. While applications have been submitted on behalf of ten children, five of these children reside west, one resides south, one resides south-east, two reside east and one resides north of the school at scattered points.
Commenting on the Senator's earlier observations that, by its nature, a rural school transport involves the collecting of children at scattered points throughout a rural community, that is very much the case, but I am sure the Senator, coming from a rural community as he does, would be aware that, even within a dispersed rural community, normally with school transport services an individual bus would pick up children who reside in a particular locality, usually at a similar distance and at a similar compass point from the school. The analysis carried out by Bus Éireann would seem to suggest that this is not the case with these ten children.
I emphasise that the school transport scheme continues to have regard for language and ethos. In this instance, the families for whom this is the nearest school under Protestant management and who reside more than 3.2 km from the school will be eligible for a grant towards the cost of making private transport arrangements. This grant ranges from some €200 per school year to over €900 per school year depending on the distance involved.
This minimum number requirement is being applied nationally and in all, some 100 primary routes, out of a total of 6,000 routes which operated in the last school year, will not operate this year because there are insufficient eligible children qualifying for transport in order to warrant a service.
I remind the Senator that these changes are taking place against the backdrop of the severe financial difficulties that the country is in. Under the four year national recovery plan, there is a requirement to deliver savings of €17 million in the school transport budget and the measures announced in budget 2011 are an integral part of this.
I again thank the Senator for raising this matter.
Could the Minister of State advise on the appeals process? What is its format and timescale? Will he acknowledge that this school is in the process of having its case appealed?
As the Senator points out, the decision to withdraw the bus service is being appealed to an independent appeals board which is made up of experts in school transport and logistics in general. Neither I nor any official in the Department has any influence over the decision of that board. It is completely independent, as it should be. I understand that the board is due to adjudicate on this case within the next week or so.
Local Authority Housing
I welcome the Minister of State, Deputy Cannon, to the House.
This is a short query on the family income supplement, which is being included as assessable for consideration when persons are being considered for housing applications. I ask the Minister of State, in light of the current situation, that it not be assessable for consideration when people's household means are being assessed when they seek to get housing from the State. I ask him to ensure people who are in difficult situations not be caught in this trap where they are in receipt of family income supplement, they are deemed to have too much income and find themselves in a difficult situation when they go looking for housing.
I thank the Senator for raising this important issue which I am taking on behalf of the Minister of State, Deputy Willie Penrose.
On 1 April 2011, a new standard procedure for assessing applicants for social housing was introduced in every housing authority. The ultimate aim of the new system is to create a fairer, more consistent and transparent approach to eligibility for social housing support. The system includes maximum net income limits, in different bands according to the area, with income being assessed according to a standard household means policy.
Prior to the new system there was considerable inconsistency on income criteria in the various local authorities. This meant that applicants for support who were on similar incomes could be treated very differently because of where they happened to live. This was neither equitable nor efficient. The Minister of State with responsibility for housing and planning will take note of the points raised by the Senator regarding the policy of including family income supplement in assessable income. However, he has asked me to point out that one of his first acts was to revise the income thresholds set by his predecessor, to increase all the bands by €5,000. Therefore, while income from family income supplement is assessable under the Department of the Environment, Community and Local Government's household means policy, the Minister of State believes the revised thresholds are sufficiently generous to enable a broad range of households to access social housing. The income threshold for a family with two adults and two children in the band 2 area, which includes County Kerry, is €33,000 net income, which equates to a gross income of at least €40,000. This income should be sufficient to cover the cost of accommodation in the private rented sector in that area.
The calculation of net income is gross household income less income tax, PRSI and the universal social charge. While child benefit and some other income types are disregarded, most other payments received from the Department of Social Protection are assessable. As family income supplement is usually paid for 52 weeks and the supplement can be reapplied for after this period, it was considered appropriate to include it as assessable income. Given the cost to the State of providing social housing, the Minister of State considers it is prudent and fair to direct resources to those most in need of social housing support and who are unable to provide for their accommodation needs from their own resources. He is confident that the current income eligibility requirements achieve this and that the new assessment criteria ensure we have a more equitable and transparent assessment process for housing. He proposes to review the 2011 social housing assessment regulations with a view to making any adjustments required in light of experience. This review will include an examination of the income thresholds and also the policy applied to determine assessable means.
I thank the Minister of State for his reply and look forward to the outcome of the review.
The Seanad adjourned at 6.15 p.m. until 10.30 a.m. on Wednesday, 19 October 2011.