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Seanad Éireann díospóireacht -
Wednesday, 11 Jan 2012

Vol. 212 No. 9

Adjournment Matters

Redundancy Payments

I thank the Leas-Chathaoirleach for allowing me to raise this matter. I am glad the Minister is here to respond. I raise the plight of 32 former workers at the Vita Cortex plant in Cork. These workers were told last September that they were to be made redundant and that the company was to close its Cork operations — it also has facilitates in Athlone and Belfast. As business was no longer viable, it was to be shut down and on 16 December, the workers would be made redundant.

The workers were told that the owner of the company did not have the funding to pay redundancy. It was known within the company that there was an account with €2.5 million in it to pay redundancies. However, the owner of the business is in NAMA. It is a complicated story and I do not know enough about it. Too many people have an opinion on it. The company is in NAMA and this account has been frozen. NAMA says this is on foot of an AIB loan for €10 million. Therefore, funding, which was always thought would be available, is no longer available. The owner says he does not have any money to pay redundancies. These workers are looking for 2.9 weeks per year of employment which is €1.2 million in total. It is not a huge amount of money in the overall scheme of things but it is a considerable amount for these individuals, many of whom have up to 47 years experience.

Since 16 December, the workers have staged a sit-in in the factory. They are operating in shifts and are sleeping there. They are getting support from the local community as well as from union representatives, in particular SIPTU. Their plight has struck a chord with people because they feel the workers were entitled to the money that was there but now the workers have been left without any redundancy payment. I acknowledge that the owner of the plant has applied to the Department of Social Protection to make redundancy payments because he cannot pay it. The matter is now with the Department of Social Protection.

I welcome the fact the Labour Relations Commission is to meet workers and representatives of the company in Cork with a view to trying to thrash out the issues. The sit-in is now in its forth week and the workers are coming to Dublin tomorrow to stage a protest to highlight their plight. These workers will not pack up shop. They need some acknowledgement that their plight has been recognised and they will receive the redundancy payments due to them.

Over the Christmas period, they felt they were not getting much information. Today I raise their case in this Chamber in order that they will hear the Minister's response. I hope they will get some comfort from it.

I thank the Senator for raising this issue. During the Christmas period the Government has been actively engaged with the plight of the Vita Cortex workers. We want to ensure that the workers of the company are in a position to access any redundancy payments to which they may be entitled.

The officials from the Department of Social Protection have been in contact with the company and have now received the relevant applications from it. The online application was submitted on 22 December 2011. Hard copies and associated papers were hand-delivered on 4 January 2012. At all times, my overriding concern has been to ensure that the employees are paid the relevant redundancy payment in a timely manner.

I am also determined to ensure that the company in question complies with its statutory obligations and its duty of care and responsibility for its employees. Responsibility for the processing of claims under the redundancy payments scheme transferred from the Department of Jobs, Enterprise and Innovation to the Department of Social Protection in January 2011. Senator Clune will appreciate that the legal aspect of employment law is a matter for the Department of Jobs, Enterprise and Innovation. The Department of Social Protection took on responsibility for processing claims in order to reduce a then very large backlog in the time it took to process claims.

The purpose of the redundancy payments scheme is to compensate workers, under the Redundancy Payments Acts 1967 to 2007, for the loss of their jobs by reason of redundancy. Under the redundancy payments Acts an eligible employee is entitled to two weeks statutory redundancy payment for every year of service, plus a bonus week.

Compensation is based on the worker's length of reckonable service and reckonable weekly remuneration, subject to a ceiling of €600 per week. Employees must have at least two years' service to be eligible for a redundancy payment. Rebates to employers and lump sums paid directly to employees are paid from the social insurance fund, SIF. It is the responsibility of the employer to pay statutory redundancy to all eligible employees. An employer who pays statutory redundancy payments to employees is then entitled to a rebate from the State of a percentage of the relevant amount. Where an employer can prove to the satisfaction of the Department of Social Protection that it is unable to pay the statutory redundancy to its employees, the Department will make lump sum payments directly to the employees and will seek to recover the debt from the employer. Naturally, the Department wants to ensure that these payments are only made when the company has proved its inability to pay. To prove inability to pay, the employer must submit documentary evidence, including accounts, that this is the position. Where the Department pays the lump sum to the employees, the Department will seek to recover the relevant amount from the company. Where the employer has proved to the satisfaction of the Department that it was unable to pay the statutory redundancy, the Department will seek to recover the amount paid, less the amount of the rebate that would have been payable to the employer if the employer had paid the statutory redundancy payment to the employees.

Where it appears to the Department that the refusal or failure of the employer to pay the statutory redundancy was without reasonable excuse the Department may either withhold any rebate to which the employer would otherwise have been entitled or reduce the amount of that rebate to such extent as the Department considers appropriate and in either such case the amount of the Department's claim against the employer may be increased accordingly.

Straightforward redundancy claims submitted since October 2011 are generally processed for payment within six to eight weeks but this can vary considerably depending on the complexity of the claims. Let me assure the Senator that the Department will do its utmost to ensure that statutory redundancy payments due to the Vita Cortex workers concerned are paid.

I thank the Minister for her response. I agree with her. I was glad to hear her say that she will do her utmost to ensure that the redundancy payments are paid. I suspect this will be a complex case. As I mentioned, the Labour Relations Commission is meeting workers and representatives of the company next week. Will the Department of Social Protection engage with the commission or is it under the auspices of the Department of Jobs, Enterprise and Innovation?

Is the Minister in a position to give these workers an indicative timeframe? She has stated that it takes from six to eight weeks generally but as this is a more complex case, can she give an indication on the expected timeframe?

As the Senator has stated, this is a very complex case. Everybody has great feeling and sympathy for the workers involved, who were given to understand by their employer and the company that a particular set of circumstances applied to them and then seem to have been confronted with an entirely different set of circumstances. The intervention of the Labour Relations Commission is a matter for the parties involved, that is the company and the employees and their representatives, including the trade unions to engage in that process. The Senator is correct that the labour relations process is a unit of the Department of Jobs, Enterprise and Innovation. Certainly I hope that process will assist in a solution. The Department of Social Protection will do its utmost to ensure the workers get their statutory redundancy entitlements. I stated that the applications were lodged by e-mail in December, just before Christmas and the hard copy format was lodged in the new year. Clearly, while there may have been a great deal of discussions between the employer and the company employees, the employer generated the notifications received by my Department in very recent times. When we get an application, we must examine it and clearly we would like to do the best for the employees.

The employer in this case has very clear obligations and we will be looking at the claims being put forward by the employer, who will be required, as is the norm in this kind of case, to give verification and proof of whatever claims it makes about its economic capacity.

Human Rights Issues

Before I call Senator Walsh, on behalf of the House, I extend a hearty céad míle fáilte to the newly appointed Minister of State at the Department of Foreign Affairs and Trade, Deputy Costello, a former distinguished Member of this House. We are individually and collectively delighted that his outstanding contribution to public life has been acknowledged. We wish him well in his very important portfolio. He is very welcome the House.

I join the Acting Chairman in congratulating the Minister of State, Deputy Costello, on his appointment. As the Acting Chairman rightly said, the Deputy served with distinction in this House. I had the privilege to serve with him on committees of the Oireachtas. There is no politician more dedicated or committed to the cause of human rights and the well-being of citizens than him. I wish him well on his appointment, which is extremely well deserved. He will serve with equal distinction in his new position.

I call on the Minister of State to meet the Nigerian ambassador urgently with regard to the murders of Christians being committed in northern Nigeria. As he will be aware, they are being carried out by a group called Boko Haram, an Islamic extremist group that has been conducting a campaign. I ask the Minister of State to call upon the Nigerian Government to take effective and immediate action. If it has not the resources to do so, it should seek external assistance to prevent the ongoing murder of Christians in the northern party of the country.

Nigeria, as we all know, is a very populous country. Some 50.4% of the population is Muslim and 48.2% are Christian. It is, therefore, evenly divided. Christians tend to be centred in the southern part of the country whereas there is a Muslim majority in the north. The Nigerian President, Mr. Goodluck Jonathan, who is Christian, is endeavouring to contain the situation but the federal Government is probably somewhat inhibited because of corruption. Steps taken are seen as ineffective, and disputes over oil price increases have led to unrest.

I could point to a litany of atrocities and murders. They came to a head when Boko Haram, a movement styled on the Taliban, issued an ultimatum to Christians that they should leave the northern part of Nigeria within three days. Since the expiry of the ultimatum, there were attacks in towns in four states in north-eastern Nigeria, leaving at least 44 people dead and hundreds of Christians fleeing to the south. This has been corroborated by the Red Cross. Gunmen with Kalashnikovs have targeted church congregations and mourners at some events. Gunmen opened fire in a hall in Mubi in Adamawa state on Friday, where a group of Christians had gathered to mourn the deaths of those killed in an attack on the previous day. The death toll in these attacks has reached 21.

On Saturday, sect gunmen shot and killed two Christian students who were attending the University of Maiduguri in the nearby state of Borno. Residents in the capital of Adamawa, Yola, said gunmen fired on Christians leaving church on Friday, killing eight people. A shooting at a church service in north-east Gombe on Thursday resulted in the death of six people. A Christian couple were shot dead on Friday in the Mairi ward of Maiduguri, the capital of Borno state. This is the nucleus of Boko Haram's violence, particularly since the uprising there in 2009.

Boko Haram apparently means "Western education is forbidden". The group has claimed responsibility for a series of bomb attacks across Nigeria on Christmas Day, including one at a church near the Nigerian capital, Abuja, in which at least 37 people were killed and another 57 were wounded. Last year the group was responsible for over 510 killings, according to press reports.

It is appalling that such sectarian hatred and violence obtain. Now that we chair the OSCE, and are seeking to be part of the human rights committee of the United Nations, it is important that we bring these abuses to the fore. We have talked previously in the House about the murder of Christians in Pakistan and across the Middle East.

It is important that a Christian state stand up and have its voice heard strongly in regard to a breach of the most fundamental of all human rights, the right to life. I urge the Minister of State to play as constructive and vigilant a role as he possibly can in this regard. It would not be remiss of us to call on the human rights organisations and NGOs in Ireland which have been relatively silent on this issue, and also the leaders of the Muslim community who have also been silent. There are many Muslims in this State. We could look to them; they are treated well and see how a modern pluralist society can function such that members of one religion can respect that of others. We should be endeavouring to have them carry back this message to their own countries. We should urge them to do so.

I thank the Acting Chairman and Senator Walsh for their kind remarks. It is a pleasure to be back in the House. We soldiered here at the same time many moons ago. The Clerk Assistant who is present soldiered in those times also. It is good to be here in this wonderful Chamber and to have the opportunity to respond to some of the Senator's issues of concern.

This issue is particularly important. I am aware of Senator Walsh's long-expressed concern for human rights in Ireland, Northern Ireland and throughout the world. I am delighted, therefore, to have the opportunity to reply to his query. The Government shares the serious concern about the recent violence in Nigeria. We condemn all acts of sectarian violence against any section of the population, whether Christian, Muslim or otherwise. It is essential that the Government of Nigeria fulfil its obligations to uphold the rule of law and ensure the safety and security of all citizens in all parts of the country.

Recent weeks have seen a series of horrific bombings and attacks on civilian populations in parts of northern Nigeria. Responsibility for these has been claimed by the fundamentalist Islamist group Boko Haram, as mentioned by the Senator. The group has been waging a campaign of terrorist violence for several years, stepping up its activity since 2009. The group has been responsible for the deaths of hundreds of civilians and members of the Nigerian security forces. It is clear that Boko Haram operates as viciously against Muslims opposed to its views as it does against Christian communities. Among its recent victims was a senior Muslim cleric. It is also suspected of killing moderate members within its own ranks, including a leading figure who was involved in peace talks last year with former Nigerian President Obasanjo.

It seems the most recent Boko Haram attacks were deliberately timed to coincide with Christmas, targeting Christians and their places of worship. Approximately 50 people were killed when bombs exploded outside St. Theresa's Catholic church in Madalla in Niger state, just 40 km from the centre of Abuja, Nigeria's capital city. In other areas, churches were attacked, and worshippers and security personnel were killed.

There were also serious attacks against Muslim communities and symbols, some apparently in reprisal for the Boko Haram violence. On 27 December, a bomb was thrown at an Islamic school in the Niger Delta state, in southern Nigeria. This left six children injured. There have also been threats of further violence issued by some militant Christian leaders and groups, with a fresh report in recent days of an attack on a mosque in southern Nigeria.

The latest violence has, rightly, been widely and unequivocally condemned both within Nigeria and internationally. Senior religious leaders, including important Islamic leaders from across Nigeria, have also strongly condemned the attacks. The attacks were also quickly condemned by the European Union High Representative, Baroness Ashton, speaking on behalf of all EU member states, including Ireland. In her statement, the High Representative described the attacks as "cowardly" and condemned them in the strongest possible terms. Similar expressions of condemnation were issued by many world leaders, including the Pope, who referred to the attacks in his new year message, stressing that such violence can never be justified on religious grounds and that it is, in his words, ‘the antithesis of religion".

Boko Haram recently issued an ultimatum giving Christians and southerners living in the north three days to leave the region. This type of intimidation is unacceptable, and indicates Boko Haram's strategy, which is to terrorise opponents and moderates in its northern strongholds in order to try to achieve control of increasing amounts of territory in northern Nigeria. Ultimately, its aim is to gain power, through violence, in all of Nigeria. During 2011, in Abuja, Boko Haram bombed Nigeria's police headquarters in June, and was responsible for the suicide car bombing at the United Nations headquarters in Nigeria which killed a large number of UN officials and civilians in August.

The Nigerian Government faces a difficult challenge in responding to the threat posed by Boko Haram and is also facing the challenge of dealing with a number of other security threats, including from insurgents in the south of the country. On 31 December, President Jonathan declared a state of emergency in four states and pledged that the Government would defeat Boko Haram. However, he has also acknowledged that Boko Haram is a strong and dangerous enemy and that it may have infiltrated the country's administration and security agencies.

Ireland has an embassy in Abuja and our ambassador and his team there are monitoring developments closely and maintaining ongoing contact with the EU and other counterparts. The EU has expressed solidarity with the Nigerian authorities in its efforts to combat all forms and sources of terrorism in that country. Ireland fully subscribes to this position and we urge the Nigerian authorities to use all legitimate and lawful means to investigate acts of terrorism and violence, to bring the perpetrators to justice and to prevent further such acts in the future. We continue to monitor developments closely, through our embassy in Abuja and in consultation with our EU partners and the Nigerian authorities.

I thank the Minister of State for the comprehensive response. It clearly indicates that the concern is shared, as it should be, across all civilised society and civilised countries.

Would the Minister of State be prepared to visit? I note that we are monitoring the situation. Rather than merely depending on the EU and Ms Ashton, who, I am sure, will pursue it, it would be good if we were to express the concerns directly with the Nigerian ambassador — I am sure the concerns I express would be supported unanimously, probably in both Houses — and perhaps urge that the Muslim community have its voice heard. There is a need for the reasonable moderate voices within the Islamic religion to be articulated strongly on their position on these crimes. That might be of some influence. I am glad to note that that is happening and also that the Christian leaders in Nigeria are coming together for dialogue with the Muslim leaders with a view to trying to find a cessation and termination of the problems there.

I certainly have no difficulty in meeting the Nigerian ambassador and discussing the matter. These are acts of terrorism. As I stated, they are perpetrated not only against Christians but, particularly, also against moderate Muslims. This has a wider thrust in terms of political targeting and the policy that is being operated by Boko Haram. There is a much wider agenda than simply vulnerable groupings and communities that it is targeting, particularly around Christmas time.

In the first instance, obviously, responsibility rests with the security forces and the Nigerian authorities. There has been no request to the international community from the Nigerian authorities to intervene or participate in a particular way. We participate, as does the European Union and the international community, with a considerable amount of aid to Nigeria that is provided in many forms. The European Union is particularly involved in that regard.

We will continue to monitor the situation. I will issue an invitation to the Nigerian ambassador to come and talk to me. Under our chairmanship of the OSCE, we intend to have an international meeting dealing with religious tolerance. That would also be a good opportunity for us to raise those issues.

Rehabilitation Services

I raise the issue of stroke rehabilitation services. An estimated 10,000 people will suffer a stroke in Ireland in 2012 and approximately 2,000 will die as a result, making strokes Ireland's third biggest killer.

Stroke is the single biggest cause of severe disability and up to 50,000 people are living in communities with disabilities as a result of a stroke. In September 2010, the Irish Heart Foundation published the "Cost of Stroke in Ireland" report, which was compiled by the ESRI, which showed that the wider availability of stroke units and clot-busting treatment countrywide would reduce the number of deaths and cases of permanent severe disability from stroke by at least 750 a year. It would save the State approximately €230 million in the next decade, mainly due to the reduced need for nursing home places. These findings were accepted by the HSE and the Government and specific funding was provided by the HSE's 2011 service plan to pay for extra consultant, nursing and therapist posts to deliver significant improvements to acute services.

The report also painted a stark picture of the deficits in community rehabilitation facing stroke survivors after their hospital treatment has been completed. No action has been taken to rectify these deficiencies.

The ERSI calculated that the direct annual cost of stroke is up to €557 million, of which as much as €414 million is spent directly on nursing home care. However, only €7 million is being spent on community rehabilitation services that could keep more of Ireland's 50,000 stroke survivors living in their own homes and, thereby, improving their quality of life and also reducing costs. In effect, the vast majority of money for stroke is spent after the point at which it could help people the most. An average of less than €140 is spent on the rehabilitation of each stroke survivor which is only sufficient to pay for a couple of physio sessions each year for people with often very complex physical, communication and psychological needs.

As no doubt the Minister will be aware, the National Audit of Stroke Care, which was also carried out by the Irish Heart Foundation, looked at the extent of effects of stroke on people. It showed that almost half had a weakness on one side of their body, 22% were unable to walk, more than half needed assistance with activities in their daily life, 32% have depression and a further one third have cognitive impairment. That clearly shows that, more than any other disease, stroke can strip away people's dignity and make them dependent on others, often to carry out basic personal tasks.

The improvements to acute services are saving lives but we cannot ignore the quality of life of survivors when their hospital stay has come to an end. In addition to the human implications, it does not make economic sense. That is what surprised me when I looked at this issue. This is not about increasing funding. This is about where we are placing the funding.

Those who have had a stroke and their carers need to be able to access a range of services after they have left hospital. Many stroke survivors will need further community based rehabilitation such as physiotherapy, speech and language therapy, occupational therapy, clinical psychology, and nutrition advice and input. Currently, few stroke survivors have access to this type of care and, therefore, their lives are dramatically affected.

My questions for the Minister are whether he accepts that there is a clear case for the provision of rehabilitation services for stroke survivors and others with neurological conditions and that the provision of such services would be cost effective. The Minister of State, Deputy Kathleen Lynch, announced that there will be shortly publication of a neuro-rehabilitation policy, but will funding be provided for the implementation of this policy to accompany it? If the funding is not provided, how will the policy be introduced and how will the suffering of stroke survivors and others in desperate need of rehabilitation be alleviated in the years to come? Does the Minister intend to support the carrying out of research into the cost benefit of rehabilitation to follow up on the Irish Heart Foundation's Cost of Stroke in Ireland report?

I am taking this matter on behalf of the Minister of State, Deputy Róisín Shortall, who unfortunately cannot be here. She sends her apologies.

I am grateful to the Senator for providing me with the opportunity to speak on the subject of rehabilitation services for stroke survivors and those with neurological conditions. Let us start by declaring the key objective of rehabilitation which is to enable the person concerned who has survived grave personal events such as stroke to achieve the highest possible level of independence. Desired outcomes range from a return to full independence in social and work activities to a person requiring long-term support and care but with a higher level of independence than in the absence of rehabilitation.

With this in mind, let us now turn our attention to developments in this important area. In June 2010, Changing Cardiovascular Health: Cardiovascular Health Policy 2010-2019 was launched. This policy establishes a framework for the prevention, detection and treatment of cardiovascular diseases which seeks to ensure an integrated and quality assured approach to their management so as to reduce the burden of these conditions. It set out a model for stroke care, including rehabilitation through an integrated service.

The national stroke programme was initiated in June 2009 to help lead and co-ordinate the development of stroke services in Ireland. It now operates under the auspices of the programmes directorate of the HSE and the special delivery unit of the Department of Health. The priority of the programme in the first 12 months was the development of acute stroke services, namely, to manage better, in the first few hours, patients who have just suffered a stroke in order to reduce mortality and disability. While implementing these interventions, the HSE has been collecting data and developing plans to improve the treatment in the second rehabilitative phase of people's care.

In addition to new appointments, the HSE has established two pilot early supported discharge projects in north Dublin and Mullingar-Westmeath to facilitate more rapid discharge of stroke patients from hospital and allow them to receive some of their therapy in their own homes. In addition, and depending on the result of the two pilots and resources being available, it has plans for up to six more early supported discharge teams in populated areas. It has also completed the largest survey of community rehabilitation in Ireland in 2011, especially in respect of stroke care.

The HSE has also started a programme to up-skill nursing and therapy staff in hospitals and plans to extend this into the community in 2012. It has commenced discussions with the rehabilitation, elderly care, rheumatology and primary care programmes to try to better co-ordinate the rehabilitation services across Ireland.

The Senator also raised the question of the provision of rehabilitation services for others with neurological conditions. Last December, the Department of Health published the report of the working group on the development of a national policy and strategy for the provision of neuro-rehabilitation services. The report entitled, National Policy and Strategy for the Provision of Neuro-rehabilitation Services in Ireland 2011-2015, recognises that given the current economic climate, the focus in the short to medium term must be on reconfiguration of services, structures and resources and the enhancement of the skills and competencies required to meet the changing context.

In this context, the clinical strategy and programmes directorate of the HSE, as part of its development of clinical care programmes, has established a rehabilitation medicine programme led by a team of national experts. The three main objectives of the rehabilitation medicine programme are to improve the quality of care, improve access to services and improve cost effectiveness. The HSE has appointed a clinical lead in respect of the rehabilitation medicine programme. The HSE is committed to work with the rehabilitation medicine programme to support the development of an implementation plan based on the recommendations of the national policy and strategy for the provision of neuro-rehabilitation services.

The focus for service development in the first three years of this policy and strategy will be: network development; integration of services; development of protocols that will have mandatory compliance across the delivery system; reconfiguration of existing resources; achieving greater cost-effectiveness through the development of greater competencies by those tasked with delivering services; increased teamwork using interdisciplinary approaches; and more inter-agency collaborative working.

Many references have been made throughout the report to the need for an intersectoral approach if the full continuum of care is to be addressed. The development of joint working or interagency protocols are a key requirement and will be central to its implementation.

We face a challenging environment but with the commitment of all to our care programmes, we can achieve much in order to improve rehabilitation services so as to minimise the burden of stroke and other conditions and to promote a return to independent living and fuller participation in society.

The reality is that funding is directed at primary care. The Irish Heart Foundation's Cost of Stroke in Ireland report clearly shows how we can save money, which apparently is what we are about, and place the survivor at the centre.

We take such a medicalised approach to health issues to the detriment of our health. I have seen this with stroke survivors. They need basic, simple things; it is not all about taking a medicalised approach. I know the Minister of State is not putting that forward but we always get a medicalised response. This is about people and we must have a human response.

The report should be considered and we should put stroke survivors and those with neurological conditions at the centre and have rehabilitation care in the communities in which they live.

I could not agree more with the Senator. That is the way to go. We must put survivors at the centre of our care programme. I will bring the Senator's remarks to the attention of the Minister.

Acmhainní Mianraí

I welcome another distinguished former Member of the House, the Minister of State, Deputy O'Dowd.

Cuirim fáilte roimh an Aire Stáit. Tá mé thar a bheith buíoch go bhfuil sé anseo chun an cheist atá ardaithe agam a phlé. Tá an cheist seo tagtha chun cinn i gConamara. Chuir an chaoi inar tharla sé iontas orm, ar bhealach. Tá mé ag caint faoi na cearta a bhaineann le baint marmar as coiléar. Téann an scéal siar go dtí 1979, nuair a thugadh isteach an tAcht Forbartha Mianraí 1979. Thóg an tAcht an ról a bhí ag an Stát maidir le forbairt "serpentinous marble"— marmar Chonamara, srl. — as chumhacht an Stáit. Cúpla bliain go gairid ina dhiadh sin, díoladh na cearta a bhain le baint an mharmair seo as na coiléir.

Sa chás áirithe a thugadh chun solais domsa, díoladh na cearta sin ach níor bhain sé sin leis an talamh a bhí ann. Ní raibh a fhios ag na daoine a raibh an talamh acu go raibh na cearta seo imithe. Níor cuireadh ar an eolas iad. Go deimhin, chuaigh dream áirithe tríd an phróiseas le haghaidh coiléir a fhorbairt agus fostaíocht a chruthú i gConamara. Bhí an Roinn toilteanach tacú leo. Chuir an dream amach fógra maidir leis an gcoiléar a oscailt, marmar a bhaint agus fostaíocht a chruthú, ach cuireadh ina aghaidh sin. Is ag an bpointe sin — 28 bliain níos déanaí, sa bhliain 2011 — a tháinig sé chun solais go raibh na cearta seo díolta ag an Stát, i ngan fhios do na daoine ar an talamh. Tá siad ag iarraidh freagra a fháil ar an scéal ó shin i leith. Tá cineál stalemate ar siúl faoi láthair. Tá talamh acu siúd agus tá coiléar acu, ach níl aon chearta acu ar na mianraí atá sa choiléar. Is cosúil go bhfuil na cearta sin díolta le dream eile ar fad.

Nuair a bhreathnaímid ar an Acht Forbartha Mianraí 1979, tá sé an-soiléir go bhfuil mír áirithe san Acht a sholáthraíonn muna bhaineann an duine a cheannaigh na cearta aon úsáid astu sa choiléar seo, is féidir leis an Stát na cearta sin a ghabháil ar ais chuige féin agus socrúéigin a dhéanamh ionas gur féidir leas a bhaint as an acmhainn seo atá againn. Is ceist iontach suimúil agus an-tábhachtach í. Baineann sé le hacmhainní nádúrtha na tíre. Baineann sé leis an cheart atá ag muintir na hÉireann leas iomlán a bhaint as acmhainní nádúrtha a dtír fhéin, ar mhaithe leis an tír agus ar mhaithe le fostaíocht a chruthú. Ba bhreá leis an dream a bhí ag caint liom go mbeadh an tAire Stáit in ann gníomhú ar an gceist seo. Chiallódh sé go bhféadfaidís cur isteach arís ar na cearta sin agus fostaíocht a chruthú, b'fhéidir. Tá mé thar a bheith buíoch gur tháinig an tAire Stáit isteach chun an cheist seo a phlé. Tá mé ag súil go mór lena fhreagra.

Is ábhar an-tábhachtach é seo. Tuigim go maith na fadhbanna a bhaineann leis. Is oth liom a rá go bhfuil an freagra a thugadh dom i mBéarla, sa chuid is mó.

Ba mhaith an rud é dá mbeadh an Roinn ag obair ar fhoclóir Gaeilge chruinn agus ceart, a thabharfadh deis dúinn na díospóireachtaí seo go léir a bheith againn trí Ghaeilge. Níl stór focal ró-mhaith agam ar an ábhar seo, agus ní raibh am leathan go leor agam chun faire ar an scéal. Iarraim ar an Seanadóir mo leithscéal a ghabháil faoi sin. Beidh cuid den fhreagra i nGaeilge, ach beidh an cuid is mó de as Béarla.

Tá creat rialála chomhtháite láidir ag Éirinn a spreagann thaiscéalaíocht do mhianraí atá freagrach agus a dhíríonn ar fhorbairt a chlaíonn le prionsabail na hinbhuanaitheachta. Tugann an múnla seo deis don phobal páirt a ghlacadh sa phróiseas cinnteoireachta ionas go mbeidh rialacháin ann maidir leis an chomhshaol, measúnacht tionchair timpeallachta san áireamh. Minerals exploration and development is regulated through a comprehensive set of legislation, mar a dúirt an Seanadóir. The Minerals Development Acts 1940 to 1999 apply to mianraí atá in ainm an Stáit agus atá in ainm daoine príobháideacha. This is managed through the issue of prospecting licences, and leases and licences for State mining facilities.

All exploration for minerals in Ireland is undertaken by private enterprise under licences granted by the Minister. Faoi láthair, tá 558 ceadúnas ag 40 comhlacht. Cuirtear na ceadúnais ar fáil i dtosach ar feadh sé bliana, agus déantar athbhreithniú orthu i gcónaí. These prospecting licences can be renewed for a further six years and subsequently for terms of one or two years, depending on circumstances. Bíonn muid i gcónaí ag faire ar conas atá rudaí ag dul ar aghaidh chun a chinntiú go bhfuil an méid airgid go gcaitear a chaitheamh á chaitheamh agus go bhfuil díriú isteach á dhéanamh ar na haidhmeanna eile atá leagtha síos. Tá thart ar 60% de mhianraí na hÉireann in ainm an Stáit faoi láthair. The Minerals Development Acts cover a wide range of minerals but exclude stone, sand, gravel and clay, and petroleum and natural gas. Níl na rudaí sin faoi bhráid an Achta ó thaobh an Stáit de.

The main focus on exploration in Ireland is on zinc and lead, but there is also interest in gold and base metals. There is active promotion of minerals in Ireland to attract new investment. Data on exploration continue to be made available free of charge to incentivise exploration activity. Cuirtear tuairiscí faoi conas mar a chuaigh rudaí ar aghaidh sa tréimhse is déanaí faoi bhráid an Oireachtais gach sé mhí. Regardless of ownership, the exclusive right of working minerals is vested in the Minister under the Minerals Development Act 1979, with the exception of a small number of mines of privately owned minerals that were already in operation in 1978. This is the key point. The minerals in question are registered as "excepted minerals" in accordance with the Act, subject to a right to compensation to private mineral owners when the minerals are extracted. The term "excepted minerals" relates to minerals purely in private ownership that were being worked at the time of the statutory vesting under the 1979 Act and registered as excepted. No State mining lease or licence is required to work these.

The functions of the independent Mining Board, which was set up under the Minerals Development Act 1940, are to determine compensation in various cases and to decide what minerals are to be excepted from the State's exclusive right to work minerals under the 1979 Act. Mar a luaigh an Seanadóir, section 16 of the 1979 Act provides that the Mining Board may be requested by the Minister to satisfy itself in accordance with the Act that minerals are not being worked or not being worked efficiently, with a view to cancelling the registration of minerals as excepted minerals under section 14 of the Act. I am advised that this provision has never been acted upon by a Minister.

An application for a prospecting licence under the Minerals Development Acts 1940 to 1999 was received on 29 December 2010 in respect of coiléar marmar at Letternoosh, near Clifden i gContae na Gaillimhe. Following a technical assessment of this application, the Minister's intention to grant a prospecting licence was advertised in The Connacht Tribune on 10 February 2011. One objection was subsequently received by the Department. Following consideration of this objection, a question arose over the ownership of minerals in the townland concerned. The matter was referred to the Mining Board for its advice on the matters raised. I understand that representatives for the applicant have been in contact with the Mining Board. I also understand that the operator of an existing marble quarry at Letternoosh made an application to the Mining Board in respect of the registration of excepted minerals.

The issue, therefore, is not one of deciding on a prospecting licence application — it has evolved into a question of whether the application covers excepted minerals. It is a matter for the Mining Board to make such a determination and this is awaited. Mar is eol don Seanadóir, the Mining Board is an independent body and its determinations are subject to appeal to the High Court. Therefore, I do not propose to make a further statement on particular aspects of the case in question at this time. I cannot proceed with the initial prospecting licence application until the Mining Board has issued its determination.

Gabhaim buíochas leis an Aire Stáit as an soiléiriú an-mhaith ar an ábhar seo atá tugtha aige. Ba mhaith liom ceist bhreise a chur maidir le tarchur na ceiste seo chuig an Mining Board. Cén scála ama an bhfuil an tAire Stáit ag súil leis go mbeidh freagra ar ais aige? Ar thug sé tréimhse ama ar leith don Mining Board le teacht ar ais ar na ceisteanna seo? An féidir leis sórt treoir a thabhairt faoi sin?

Labhróidh mé le oifigigh na Roinne tar éis an díospóireacht seo. Iarrfaidh mé ar an Mining Board cathain go díreach an mbeidh freagra acu. Tiocfaidh mé ar ais go dtí an Seanadóir chomh luath agus is féidir.

The Seanad adjourned at 6.40 p.m. until 10.30 a.m. on Thursday, 12 January 2012.
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