Seanad Éireann díospóireacht -
Tuesday, 20 Nov 2012

Vol. 218 No. 10

Adjournment Matters

Road Projects Status

Senator Paschal Mooney

Cuirim fáilte den Aire Stáit. I welcome the Minister of State to the House. I am very pleased that the Minister of State, Deputy Ring, is dealing with this matter.

I am a member of the Joint Committee on Transport and Communications. Last week the committee heard a submission from Mr. Fred Barry, the chief executive of the National Roads Authority, and its officials. In the course of the exchanges with all members relating to various roads projects, either up and running, dormant or planned, I asked a number of specific questions relating to the N16 in Leitrim. The Minister of State will be familiar with this road because it is a link from Galway through Mayo, Sligo, Enniskillen and on to Belfast. The N16 was originally on the national league study published with the first NRA report in 1999. At that time it was indicated that it could be 2018 before any money would be spent on it. A further national transport plan for 2020 was published in 2005 which also set out various aspirations relating to the development of our road network. Over the past years there has been a growth in the development of our road network which has proved to be very important for economic renewal. However, the N16 has languished. Very little money has been spent on it. It should be noted that it is a major trading route as well as a tourism route because it links the major centres of Galway through Mayo, Sligo and on to the North.

I asked Mr. Barry about the plans for the N16 and where it figured on the list. He conceded that the state of the road was unacceptable. He also agreed that it had been bounced around over the various studies, aspirations and policy decisions of the past 15 years. More significant, I asked him about the position of the N16 on a list of priority projects - if such a list of priorities existed. I assumed, naively, that a list existed. I asked a rather innocent question as to the position of the N16 on the list. Mr. Barry replied that there was no list. I said it seemed strange that the NRA does not have a list of priorities for roads projects, notwithstanding the Government is tied for money and capital projects are limited. For example, the Gort to Tuam road is proceeding and this is to be welcomed. Mr. Barry justified the information on the basis that because the NRA had no money, there was not much point in having a list. I decided the best action was to ask the Minister if his Department had a list. How does the process work? What would be the position of any road - not just the N16 - be it in Mayo or Leitrim, on the list of priorities? Is it a case that a project is proceeded with around budget time or when there is a bit of money in the coffers? How does the NRA decide? No more than a prisoner who wants to know his release date, I would like to have some idea of whether it will be ten, 15 or 20 years. I asked Mr. Barry the question in an attempt to elicit a response. I did not anticipate that the Minister or his Department would say that the N16 is No. 5 on the list and it will be completed by 2020. However, I am hoping there might be some bit of information from a Department that is not, I have to say, traditionally known for giving away too many secrets, no matter who is in government.

An Leas-Chathaoirleach

I remind both sides that there is a time limit on contributions.

Minister of State at the Department of Tourism, Culture and Sport (Deputy Michael Ring)

I am not sure I have all the answers but I will give the answer which the Department has supplied.

Senator Paschal Mooney

The Minister of State knows where I am coming from.

Deputy Michael Ring

I am taking this Adjournment matter on behalf of my colleague, Deputy Varadkar, and I thank the Senator for the opportunity to address this issue in the House.

The Minister for Transport, Tourism and Sport has responsibility for overall policy and funding in respect of the national roads programme. However, the planning, design and implementation of individual national roads projects are matters for the National Roads Authority, the Roads Acts 1993 to 2007, in conjunction with the local authorities concerned. The Government's infrastructure and capital investment framework formed the basis for a new national development plan for the period 2012 to 2016. There was ongoing discussion with the National Roads Authority during the preparation of this investment framework. The framework recognises that the key challenge in current financial circumstances is to try to ensure adequate maintenance of the national road network in order to protect the value of previous investments and that it is only possible to proceed with a very limited number of road improvement projects over the period to 2016. The investment framework acknowledges that, given the scale and cost of future motorway and high quality dual carriageway projects, it would not be feasible to fund them directly from Exchequer resources. Rather, it was intended to fund them by means of a public private partnership using private money to build and maintain these roads, to be repaid back by the Exchequer over an extended period in the form of availability payments. In this context, provision was made for funding the Exchequer element of the N11 Arklow-Rathnew and Newlands Cross PPP scheme within the 2012 to 2016 capital budget.

It was indicated that while the private funding market was very challenging intensive efforts were being made to access funding for PPP projects with a view to the National Roads Authority progressing projects such as the Gort-Tuam PPP and the New Ross-Enniscorthy PPP. In July this year, as part of the Government's infrastructure stimulus package, the Minister for Public Expenditure and Reform announced that €850 million would be invested in upgrading the national motorway and primary route network. As part of this plan, which will be funded in part from the proposed sale of State assets, three road PPP projects have been identified for funding. These projects are, the N17-N18 Gort Tuam road, the M11 Gorey-Enniscorthy road and the N25 New Ross bypass. These projects, together with the N11 Arklow-Rathnew road and N7 Newlands Cross scheme, had been identified by the NRA some time ago as suitable for progression as PPPs. These are projects where there is considerable certainty regarding the timeframe for implementation as all the lands required have been secured.

One further priority transport project is the Galway city bypass. This is a 12 km orbital route for Galway city linking with the M6 major interurban route to Dublin. The project is currently on hold pending the outcome of legal proceedings. Depending on the outcome of those proceedings it is hoped to progress it as an additional PPP project. Unfortunately, financial constraints mean that other worthwhile projects cannot go ahead in the short to medium term with progress very much dependent on the availability of funds after 2016.

Senator Paschal Mooney

I thank the Minister of State for the reply. However, it is obvious that a project scheme is in place for the period 2012 to 2016. The Minister of State has outlined a number of these projects and has referred to the severe constraints on the public budget. In the context of the 2012 to 2016 capital budget, is Government planning to confine itself to the projects as outlined and only if they are PPP projects?

Could projects such as the N16 road project be the subject of a PPP in the future? I do not ask the Minister of State to outline how the system works but how road projects are selected for PPPs? Is a commercial decision taken by the private partners who see merit in it or does the Government decide on the basis of priorities around the country? I am trying to figure it out in the context of the N16 road project.

Deputy Michael Ring

PPPs are simple. Business people are prepared to invest in them provided they believe they can generate a return on their money. In the case of the stimulus budget announced by the Government a number of weeks ago, it is hoped some State assets will be sold. The Senator has mentioned a specific project. Everything depends on the state of the country's finances. We can criticise what happened during the Celtic tiger era for many reasons, but one good thing that emerged was the road infrastructure provided. There can be many criticisms, but that is one positive aspect. PPPs are about investors who will only go where they will make money. They are beginning to come back and people are beginning to have more confidence in the country. We saw this in the funding generated from the auction of 4G mobile phone licences last week. The Government expected to generate less money. This shows that the shoots are emerging and that things are looking a little better. There is a little confidence in the country and everything boils down to growth. The more money there is in the economy, the more opportunities we will have to allocate funding for road projects. The Department is committed to the N17-N18 Gort-Tuam and the M11 Gorey-Enniscorthy road projects and the N25 New Ross bypass project and I hope they will commence. The Galway project depends on planning, but we hope to continue with it. Other projects are in the pipeline, but they all depend on the provision of funding.

The Senator and I are from rural constituencies. The big issue for everybody is that of road maintenance. We need to ensure sufficient funding is available for this task because there is no point in destroying the good roads we have. We must maintain them and ensure people have proper roads on which to drive.

Commission of Inquiry

Senator John Kelly

I welcome the Minister of State, for whom I have great respect. I acknowledge that this matter does not fall within his area of expertise and that he is taking it on behalf of the Minister for Justice and Equality. However, I am disappointed the Minister is not present because he is familiar with the case which has been ongoing for 28 years. It is a serious issue that needs to be resolved, as reputations must be restored. The Minister is a man of integrity and honesty and I would like him to address the case of the brutal murder in 1985 of Fr. Niall Molloy, to which we must bring closure, as the family requires it.

Fr. Molloy lost his life and reputation by attending a wedding in Clara, County Offaly. He was a Roscommon man whom everybody knew, loved and respected. He was Roscommon Man of the Year in 1985. The case still leaves too many unanswered questions 28 years later and the Molloy family deserves justice. Apparently, a senior Fianna Fáil Minister was in attendance at the wedding and a post mortem certificate was signed afterwards by a doctor who did not exist. The judge who heard the case had a clear conflict of interest, as he was a friend of the accused.

An Leas-Chathaoirleach

The Senator needs to be careful.

Senator John Kelly

This is all on public record.

An Leas-Chathaoirleach

I do not want the Member to abuse parliamentary privilege in this House to impugn anyone.

Senator John Kelly

I have not mentioned anybody's name.

An Leas-Chathaoirleach

The wording used by the Senator makes it easy to identify them.

Senator John Kelly

This is all on public record.

An Leas-Chathaoirleach

I am putting the Senator on notice that he should not abuse the privilege afforded by the House.

Senator John Kelly

I am trying not to.

An Leas-Chathaoirleach

I think the Senator is trying to.

Senator John Kelly

I most certainly am not.

An Leas-Chathaoirleach

The Senator should be careful. I am in a difficult position.

Senator John Kelly

If I was trying to do so, I would mention names. I am purposely not mentioning them.

An Leas-Chathaoirleach

Sometimes by narrowing it down to certain individuals, one does not have to mention names. The Senator should be careful because I do not want to have the House impugned.

Senator John Kelly

Thank you, a Leas-Chathaoirligh.

During the trial a senior medical professional was asked if it was possible that Fr. Niall Molloy could have died of a heart attack. When he said "Yes", the judge directed that the jury be dismissed and found the accused not guilty of manslaughter. There have since been damning statements by Circuit Court judges who were critical of the fact that the judge had taken the case. Senior gardaí have also been critical of the Garda murder investigation. A prominent surgeon who attended the wedding said his life was in turmoil having witnessed the murder and that he could not live with himself. He died a few weeks later at the age of 50. Other gardaí in recent times have come out in support of undertaking another investigation. The Catholic Church wants the case to be reopened. Files relating to the murder were robbed by Martin Cahill from the Office of the Director of Public Prosecutions during the investigation. Veronica Guerin's home was shot at when she raised her head about the case. Paul Williams wrote a book entitled, Bedfellows, in which he chronicled what had happened. To date, nobody has challenged anything written in the book. Apart from the Garda inquiry by the cold case squad which, apparently, has concluded, according to the latest edition of The Sunday Times, and found there was no cover up, I have given 12 good reasons an independent commission of investigation should be set up.

Prior to the general election, both Fine Gael and the Labour Party vowed that if they got into power, an investigation into the death of Fr. Molloy would be a priority. The credibility of the institutions of the State is at stake and there is only one way to restore confidence in them. I would like to think the Minister will not shatter public confidence in our institutions by failing to sanction an independent commission of inquiry. The Molloy family, the friends and neighbours of Fr. Molloy and the people of the country deserve it. As Shakespeare said, "Something is rotten in the State of Denmark". If he was in Ireland in the mid-1980s, Denmark would have been off the hook.

Deputy Michael Ring

I thank the Senator for raising this matter which I am taking on behalf of the Minister for Justice and Equality who is unable to be present because of other business. However, he is fully aware of the concerns expressed about the death of Fr. Niall Molloy and sympathises greatly with the Molloy family.

Fr. Molloy's death was the subject of an investigation by An Garda Síochána which resulted in the submission of an investigation file to the law officers who directed that a person be charged with manslaughter and assault occasioning actual bodily harm. At the subsequent trial, in June 1986, directions to acquit were given by the judge. The circumstances of Fr. Molloy's death gave rise to considerable public concern at the time and the Minister appreciates that the family has sought answers ever since as to how its well loved relative met his death. I am sure Senators will join me in also expressing sympathy to other families during the years whose loved ones were killed and where the perpetrators were never brought to justice.

Most recently the concerns raised surrounding the death of Fr. Molloy found expression in the publication of a newspaper article in October 2010, accompanied by strong representations made by the family. It is important that we acknowledge, in particular, the journalistic work of Ms Gemma O'Doherty in unearthing information on the case for the Irish Independent. On foot of this development, the Garda Commissioner arranged for a detective superintendent to meet Ms O'Doherty, as the author of the article, as well as family members.

The purpose of this was to facilitate an assessment of whether there was any evidence that was not available to the original investigation team and whether further investigation was required in the case. Shortly after the Minister's appointment, he inquired into the steps being taken by An Garda Síochána and was advised of the position. He has at all times emphasised the importance of all relevant matters being thoroughly examined and investigated. This examination is ongoing and the Minster is receiving regular updates from the Commissioner. The Garda authorities have indicated that during the examination additional information was provided to the investigating gardaí identifying further lines of inquiry which have had to be followed up. The Garda Commissioner has assured the Minister that each and every one of these lines of inquiry is being, or will be, pursued. The Minister also understands that the officers carrying out the examination are continuing to keep Fr. Molloy's family members updated on progress.

The Minister is well aware of the many issues of concern raised in the public domain surrounding the circumstances of Fr. Molloy's death and the context in which some form of inquiry has been considered desirable, but what needs to be considered first and foremost is that the matters at the heart of the Garda examination relate to potential criminal liability and, in that context, possible charges. It is important, therefore, that nothing is said or done which could prejudice or be seen to prejudice criminal proceedings. Moreover, in any case in which criminal behaviour is suspected, it is only through a Garda investigation and, where evidence of criminal wrongdoing is available, through the submission of a file by the Garda to the Director of Public Prosecutions that persons can be brought fully to account before the courts. This cannot be done by a commission of investigation, through journalistic inquiries or by any other type of review, no matter how thorough or independent.

The best form of justice for the Molloy family would be for anyone who has criminal liability in his tragic death to be brought to account through facing charges. In the Minister's view, it would be deeply inappropriate to do anything which could prejudice the possibility of that happening. It is also of crucial importance that the Garda receives the fullest co-operation from any individual who can provide information of relevance to the inquires being conducted. Whatever questions there may be about the original investigation, people should not prejudge the outcome of the current Garda examination. That examination, in the Minister's view, must be allowed to proceed unhindered, and he has been assured by the Garda Commissioner that all relevant evidence will be fully pursued, wherever it may lead. The House will appreciate that ultimately a criminal prosecution must be based on hard evidence, not rumour, speculation or conjecture. The Garda examination has not been completed and, accordingly, any media reports of its findings are, of their nature, speculative.

I would like to make clear that the Minister's commitment to reviewing the situation when he receives a final report from the Garda Commissioner remains firmly in place. Against that background, I hope the House can accept that we all share the desire to see justice done as much as possible in this case. I have tried to set out why, in the first instance, the best chance of achieving this lies with allowing the current Garda examination to proceed.

An Leas-Chathaoirleach

The Senator should be conscious that the Minister of State is not the Minister responsible when posing questions.

Senator John Kelly

I do not have questions. I appreciate that the Minister of State is substituting for the Minister for Justice and Equality. Perhaps the reply was written last Friday because The Sunday Times this week clearly stated that the Garda investigation had concluded and no evidence of a cover-up had been found. Today the Molloy family wrote to the Garda Commissioner asking him to remove all of the members of the serious crime review team from the investigation. That is why I believe the Minister of State's response was written last Friday and is not up to date. The Minister said that if he was in power, he would give this investigation priority. No matter how many times other Members, the Molloy family and I are knocked back, we will still seek justice for Fr. Niall Molloy.

Deputy Michael Ring

I will pass the Senator's remarks on to the Minister. He asked me to stress that he is conscious of the distress this is causing the relatives of Fr. Molloy.

Primary Care Centres Provision

Senator Colm Burke

This matter relates to the primary care centre in Knocknaheeny. My understanding is that the centre has been completed for more than four years but is not occupied. According to the agenda of Cork City Council, it agreed to transfer the land with the primary care centre on it. I am not sure why it has taken four years for that transfer to take place. A primary care centre is needed in the area. There are more than 1,150 local authority houses in the immediate area, along with a significant catchment of private housing. It is an important area in which to locate a primary care centre. I seek an update on why it has not opened and when it is likely to open.

Minister of State at the Department of Health (Deputy Alex White)

I thank the Senator for raising this important issue. The key objective of the primary care strategy is to develop services in the community that will give people direct access to integrated multidisciplinary teams of general practitioners, nurses, physiotherapists, occupational therapists and members of other health care disciplines. This is central to this Government's objective to deliver a high-quality, integrated and cost-effective health system. The Southern Health Board, SHB, entered into an arrangement with Cork City Council in late 2004 to provide accommodation for primary care services at a new community development the council was planning to build at Harbour View Road, Knocknaheeny. The intention at the time was to locate a number of key core primary care services in the new facility. The SHB entered into this arrangement prior to the development of the current strategy for the delivery of primary care infrastructure. The building is deemed by the HSE to be considerably smaller than what is required in the context of the current strategy.

The facility at Harbour View Road, Knocknaheeny, is one of four blocks on a community service campus, which was constructed by the city council on its property. The council, at its November 2012 meeting, approved a proposal to lease the property to the HSE. The council will provide the HSE with the appropriate support documentation, including title, statutory permissions relating to planning and fire regulations and completion certificates, which will allow the proposed lease to be considered by the HSE property committee within the next four weeks in line with HSE property approval protocols. Until this process is completed, the HSE will not be in a position to begin to deliver services from the leased building.

The HSE's capital plan 2012-2016 contains provision for the delivery of a primary care centre at St. Mary's Orthopaedic Hospital campus. The leased facility will be used to accommodate primary care staff prior to the permanent move to the new primary care centre to be constructed at the St. Mary's campus. It is envisaged that following the completion of the new HSE primary care centre at St. Mary's, the leased building could be used to accommodate services that complement health care services to be delivered from the campus.

Senator Colm Burke

I am surprised by this response. I have no information about when it is proposed to build the primary care unit on the St. Mary's campus and I am not aware of the submission of plans. I will table another Adjournment matter to deal with that issue because the centre to which I refer was completed more than four years ago. The Minister of State said the matter goes back to 2004. It is now eight years later and the primary care centre has been there for more than four years. It is only in the past two weeks that the legal transaction and approval by the city council to transfer the building to the HSE occurred.

Why has it taken four years for one statutory agency to transfer this property to another? It does not make sense and a significant amount of time has been lost. I also need clarification as to when it is proposed to deal with St. Mary’s Orthopaedic Hospital. Will this take another eight years while in the meantime services will not be provided?

Several consultants from Cork University Hospital, CUH, are providing paediatric services in Knocknaheeny almost on a voluntary basis every week. It is proving to be successful in the area and assists parents in not having to travel to CUH or other hospitals for treatments.

Deputy Alex White

I thank Senator Burke for raising this issue. I would be more than happy to give him more information on the proposals for the St. Mary's campus. I can only share his frustration over the delay that has occurred. I have no information as to the reason for this delay. It is the Government's intention that these projects, however they are delivered, should be expedited. It is a crucial element of the Government's health strategy. Delays can arise whether for legal or title reasons but the length of time in this case is considerable. I take note of the work being done by the consultants at the community facility in Knocknaheeny, a welcome development. If I can be of any further assistance with the St. Mary's project or other aspects of this development, I would be more than happy to assist the Senator.

The Seanad adjourned at 7.05 p.m. until 10.30 a.m. on Wednesday, 21 November 2012.