At this late hour, I would like to welcome the Minister of State, Deputy Fergus O'Dowd. I call on Senator Thomas Byrne.
Adjournment Matters
Local Electoral Area Boundary Committee Report
I thank the Cathaoirleach for allowing me to raise this matter on the Adjournment. I am disappointed that we are still here so late at two minutes past midnight. It is the wrong time to be doing business. Lessons should have been learned from what happened before that we should not sit so late.
The independent Boundary Commission published the Local Electoral Area Boundary Committee report at the end of May. We have, however, a real problem with the electoral division boundaries. The net effect of the boundary review in County Meath is that there are now six districts: Laytown-Bettystown, Ashbourne, Ratoath, Trim, Navan and Kells. The Ashbourne-Ratoath and Laytown-Bettystown boundaries are anomalous. As far as I can see from the maps, part of the village of Duleek, the Millrace estate, is in the Ashbourne area. It is in the townland of Bellewstown, which includes the road along the new lines of Duleek cemetery. Parts of the school road in Duleek are in the Ashbourne area. This is highly anomalous because there is a local authority headquarters in Duleek. It is a stone's throw from the Millrace estate to the local authority headquarters, but a large part of that estate will be in the Ashbourne area, so residents will not be able to deal with the nearby office.
I recall that there is a "Welcome to Duleek" sign in the Ashbourne electoral area, despite the fact that Duleek is the administrative headquarters for the Laytown-Bettystown area. That is anomalous.
The same applies to the townland of Baltransna, which is very much part of Ashbourne but is in the Ratoath electoral area. In fact, there is a "Welcome to Ashbourne" sign in the townland of Baltransna which is in the Ratoath electoral area, not in the Ashbourne electoral area. That is also an anomaly.
I will not blame the commission, which did respond to a submission from a political party and that was accepted. I think there is a problem with the district electoral division boundaries. I do not know when they were last reviewed or examined, but they are the building blocks of all boundary reviews, either for Dáil or local electoral areas. They do not reflect the towns involved. For example, the district electoral division boundaries go through the village of Duleek, rather than the village being in its own district electoral division. That may be a technical matter but I think the Minister of State gets the point. The bottom line is that the village of Duleek is partially split into two different electoral areas. In addition, part of Ashbourne is not in the Ashbourne electoral area. That situation is highly anomalous and the Government should re-examine it.
I thank Senator Byrne for bringing this matter before the House. Bhí mé ag éisteacht leis níos luaithe san oíche. Tá Gaeilge an-mhaith aige. Chuir sé pointe an-mhaith romhainn.
I acknowledge the points raised by Senator Byrne and welcome the opportunity to clarify issues regarding the recent report of the 2013 Local Electoral Area Boundary Committee. Each Member of these Houses is no doubt interested in the recommendations of the committee, especially as they relate to their own county or city. As the Senator will be aware, I am familiar with many parts of County Meath. Parts of the county are in County Louth in terms of the Dáil electoral area.
The committee was established by the Minister for the Environment, Community and Local Government, Deputy Hogan, in November 2012 and its report was published on 30 May 2013. In publishing the report, the Minister announced his intention to accept in full the recommendations therein and to make in due course the necessary local electoral area orders to give them effect. The local electoral areas specified in these orders, and the number of members to be elected for each area, will apply at the 2014 local elections. Arrangements are currently in train to prepare these orders and they will be ready in good time for next year's elections.
The completion of the report was an important step in the Government's programme of local government reform. The review had a specific goal of improving balance and consistency in representational ratios in local government, while taking particular account of factors such as the location of towns in the new municipal governance arrangements provided for in the action programme for effective local government. The terms of reference provided for minimum levels of representation in lower-population counties and cities.
Arising from the recommendations in the report, a total of 949 councillors will be elected at the 2014 elections, in 137 local electoral areas, to 31 local authorities. Much of the commentary on the report has focused on the reduction in the number of council seats from 1,627 to 949 and the number of local authorities from 114 to 31. However, beyond these reductions is the development of a far more integrated approach between county and municipal government which will better serve the needs of all citizens.
This radical structural reform will provide a sound platform for the wider development and strengthening of the local government system in the future. The current number of councillors in local authorities was set in the distant past. There have been huge changes in population in recent decades and, indeed, one of the counties particularly affected has been Meath.
Whereas previous local electoral area reviews left the total number of members in each local authority unchanged, this review involves a fundamental reform of the system. One practical consequence is that the number of members of Meath County Council will increase from 29 to 40. That is a very significant increase.
The recommendations in the report stand as they are. The Minister, Deputy Hogan, accepts them in full, for Meath and for every other local authority area. As the Minister mentioned some months ago, when the new arrangements for Dáil constituencies were being debated - and more recently when Senator Cullinane raised the local electoral area boundaries for Cork in this House - there are pluses and minuses in constituency and boundary reviews. In nearly every situation there are multiple options and a range of solutions. However, every change or move has a knock-on effect, with consequences for other parts of a county.
I think the problem lies with the district electoral division boundaries which are really old. In fact, there are huge anomalies in the St. Mary's electoral division. The Minister of State lives on the Louth side, while I live on the Meath side of that division. The Ardcath electoral division comes into Duleek, as well as Ratoath and Ashbourne but they do not reflect the towns or villages they are supposedly named after. I do not know how long they have been there, but they have certainly been there since the 1901 census or even earlier. We should examine those electoral boundaries so that towns such as Duleek would have their own district electoral division. In that case, there would be fewer anomalies when the Boundary Commission creates local electoral areas or Dáil constituencies. It could work well, but that is the root of the problem in my view.
I take Senator Byrne's point. I remember when St. Finian's Park was a new estate in Drogheda, the residents voted out in Donore for quite a number of years. There are such anomalies so I will bring the Senator's comments to the attention of the Minister, Deputy Hogan.
I thank the Minister of State. Oíche mhaith.
Medical Aids and Appliances Provision
Go raibh maith agat as ucht do fhoighne agus beagáinín moille a bheith orm anseo agus tá mé an-bhuíoch don Aire Stáit as ucht a bheith anseo chomh deireanach seo san oíche leis an gceist seo a phlé. Táim ag ardú ceiste maidir le teicneolaíocht a bhaineann le daoine a bhfuil fadhbanna acu ó thaobh sruth na fola sna cosa. Tá cuid mhaith taighde déanta ag dochtúir i nGaillimh darb ainm Sherif Sultan san ábhar seo agus go bunúsach le scéal fada a dhéanamh gearr tá sé tagtha ar theicneolaíocht atá á úsáid ag NASA teicneolaíocht den chéad scoth atá nua sa tír seo agus tá sé ceannródaíoch san obair seo. Go bunúsach daoine a bhfuil cineáil fadhbanna acu ó thaobh sruth na fola sna cosa in san bealach traidisiúnta s’éard a tharlaíonn sa gcás sin ná mura féidir é a leigheas tagann gangrene ar na cosa agus bíonn ar an dochtúir seo go minic na cosa a bhaint de dhaoine mar gheall ar chomh dona is a bhíonn siad.
Anois, bíonn costas ollmhór ag baint lena leithead d’obráid. Tá gan dabht ar bith sé uafásach don othair an té atá ag cailliúint a chois mar ciallaíonn sé go mbeidh an saol athraithe go hiomlán acu agus níl an fad saoil atá acu an-mhaith. Ní mhaireann siad i bhfad tar éis na hobráide seo go hiondúil, de réir na staitisticí. Tá an teicneolaíocht nua seo tugtha isteach agus is léir is cineáil pump atá i gceist is giorra é gur féidir é a thabhairt abhaile leis an othair. Go bunúsach cuirtear pump ar a chuid cosa cúpla uair sa ló ar feadh trí nó ceithre seachtainí agus cuireann sé an sruth fola ag imeacht arís agus tá leigheas á fheiceáil ar an scéal. Ciallaíonn sé i gcuid mhaith de na cásanna go gcoinníonn an othair a chos nó a cos, ní bhíonn gá iad a thabhairt isteach san ospidéal, ní bhíonn gá a gcos a bhaint dóibh, ní bhíonn gá athchóiriú a dhéanamh ar an teach atá acu ina dhiaidh sin. Ní bhíonn gá iad a chur i gcathaoir rotha nó ar maidí croise, dá bhrí sin tá sábháil ollmhór i gceist gan trácht ar an feabhas atá ann ó thaobh an athair dhe ó thaobh caighdeán saoil agus mar sin de.
Bhí tacaíocht á fháil ag an cóir leighis seo ón HSE ach de bharr ciorraithe buiséid stopadh ag tabhairt an airgid seo, ní raibh an cóir leighis seo a chur ar fáil tríd an HSE i réigiún an iarthair. Nuair a d’fhiosraigh muid an scéal seo dúradh linn nach raibh dóthain eolaíocht ann chun cruthú go raibh an córas seo ag oibriú agus an toradh a bhí ar sin le scéal fada a dhéanamh gearr ná gut chuir an HSE deireadh le úsáid na seirbhíse seo ar fud na hÉireann do dtí do ndéanadh HIQA tuarascáil faoi. Ach, tá an tuarascáil sin foilsithe ag HIQA anois agus is i mBéarla atá an rud agus na píosaí dar liomsa is suntasaí faoin rud seo ná deireann siad, "no serious adverse events related to the use of IPC were reported", seo an gcóras seo nó an teicneolaíocht seo. "Among the less serious complications were pain and skin irritation associated with compression," deir siad, "from the limited data that is available intermittent pneumatic compression appears to be a potentially beneficial treatment for people at risk of amputation who are not candidates for revascularisation but more research is needed to confirm this."
Dá bhrí sin séard atá HIQA ag rá ná ón méid atá le feiceáil oibríonn an córas seo ní fheiceann siad aon míbhuntáiste ag baint leis ach ba cheart go ndéanfaí níos mó staidéir agus eolaíocht a bhailiú. Díreach ó thaobh an eolaíocht atá bailithe agus an staidéar atá déanta ag an Dr. Sultan faoin rud seo nuair a bhí sé ag breathnú ar 171 othar a bhí faoin a chóras féin bhí sé den tuairim, ag úsáid an córas nua seo go gcosnódh sé €681,000 na daoine seo a leigheas. Ach, dá dtiocfaí an bóthar an ospidéil agus na amputations go gcosnódh sé ar an stáit €2.236 milliún. Mar sin is léir más féidir an córas seo a úsáid go bhfuil go leor leor buntáistí ag baint leis agus an cheist atá mé ag ardú anocht a Aire ná i gcomhthéacs an tuairisce atá déanta ag HIQA, i gcomhthéacs an eolais atá ar fáil, an bhfuil an tAire sásta anois treoir a thabhairt don HSE cead a thabhairt an trealamh artisis seo a úsáid ar fud na 26 contae le tacú leis na hothair agus le tacú leis na hospidéil agus le airgead a shábháil don Stát.
Tá mé ag tógaint an díospóireacht seo thar cheann an Aire Sláinte agus glacaim buíochas leis an Seanadóir Ó Clochartaigh as ucht an rúin seo a chur faoi bhráid am tSeanaid.
Mar is eol duit, an buiséad 2013 tá sé an-thábhachtach go mbeadh an méid airgid agus is féidir a bheith againn chun na cúrsaí, tá mé ag déanamh translation anseo, sláinte a rith chomh maith agus is féidir linn agus an méid airgid atá i mbliana ag an HSE tá €13.404 billiún acu. Tá fás ansin de €71.5 milliún ón bliain 2012 ach tá brú uafásach mar is eol dúinn go léir ar chúrsaí sláinte. Agus an cheist díreach a chur tú os mo chomhair gur féidir le daoine áitiúla rudaí a cheannach más mian leo, for the use of goods in local integrated service areas. This is referred to in the HSE as local schemes. The device in question would fall within this category.
The HSE has responsibility for the delivery of services set out in these regional plans and to ensure that services are delivered within budget. As such ní cheart don Aire deireann sé anseo díriú a dhéanamh ar conas mar a chaitear an caiteachas sin, cad is féidir a cheannach.
The Senator may be aware that the provision of ArtAssist pumps in Galway-Roscommon was discontinued pending the outcome of a review. The Health Information and Quality Authority conducted a health technology assessment of intermittent pneumatic compression, IPC, for severe peripheral arterial disease at the request of the HSE. As the Senator said this was published on 26 June 2013. Arising from the findings of the HTA, HIQA's advice to the HSE was that, despite some promising results on the effect of IPC in people with severe peripheral vascular disease, who are not suitable for revascularisation, further high-quality studies are required to reliably demonstrate its effectiveness. It also advised that until such evidence is generated in the context of well-designed research studies, the efficacy of this treatment remains unproven.
Within the Irish health care system there has been limited use of IPC. Following the publication of this HTA report there will be engagement and discussion with prescribing clinicians regarding its findings. Is féidir liom na tuairimí a nochtadh anseo a chur faoi bhráid an Aire.
Go raibh maith agat, just go tapaidh a Aire Stáit táim an-bhuíoch díot faoi sin. Ba mhaith liom a chur in iúl do Aire Sláinte gur chóir breathnú ar an gceist seo ar nós mar a bhreathnaítear ar an tástáil drugaí a dhéantar le haghaidh ailse. Is féidir linne a bheith ceannródaíoch sa rud seo. Tá gá le tuilleadh eolais a bhailiú ach cén fáth nach mbeadh muid chun tosaigh sa cheist sin ag úsáid an trealaimh nach bhfuil aon míbhuntáiste le feiceáil ag baint leis agus an t-eolas a bhailiú de réir mar atá muid á úsáid. Mar a dhéantar le cuid de na drugaí ailse go mbíonn an tástáil ar bun fad is go mbíonn an rud triallach seo á úsáid mar is léir go bhfuil buntáistí móra ag baint leis. Agus an pointe is láidre de réir Sherif Sultan sábhálfaidh sé trí ceathrú cuid den bhuiséad a bhíonn i gceist le cos a bhaint de dhuine, so beidh an stát ag sábháil airgid as an trealamh seo a úsáid.
Bhuel, mar a dúirt mé tá an-sásta do thuairimí a nochtadh don Aire Sláinte agus tuigim na pointí atá déanta agat agus tá sé ráite san ráiteas ansin níl dabht ná go ndéanfaidh sé maitheas do dhaoine áitrithe ach go háirithe, ach caithfear níos mó eolais a chur faoi bhráid na n-othar sin, do na dochtúirí agus beidh an díospóireacht sin ar siúl. Go raibh maith agat.
Mortgage Arrears Proposals
If ever there was as reason to save the Seanad, it might be the dedication seen tonight from various Senators, including Senator Ó Clochartaigh, Byrne and myself. On a more serious note, I thank the Minister of State for coming into the House. It is the first time I have raised a matter in the wee hours of the morning so I am grateful he is here. The matter relates to the upcoming legislation which will be debated in the House on the proposal to address the legal lacunae which exists following Ms Justice Elizabeth Dunne’s judgment in 2011 on the rights of mortgagers repossessing property belonging to mortgage holders. I am fearful that the implementation of the Land and Conveyencing Law Reform Bill 2013 will negatively impact on those homeowners who fell into mortgage arrears prior to 1 December 2009 and who, as a consequence of this Act, will be at severe risk of losing their homes. I am fearful that we as a Government will fail not only to help those struggling with mortgage debt, but also homeowners who may not yet be subject to court proceedings but are in mortgage distress as we speak. Some of these people may have some equity in their homes and have a legitimate expectation that they will be able to sell their properties. However, due to the potential flooding of the market with possibly tens of thousands of properties this will adversely affect the value of these properties. By taking action and allowing potentially tens of thousands of properties on the market for sale as a result of this legal lacuna in that many of them will be coming on the market at one time, this could, and possibly will, lead to a depression in house prices. It will play monopoly with the lives of thousands of people who are struggling to pay their way. We must be mindful of the fact that although house prices have slightly increased in the Dublin area, if we strip out this locality we will see a decrease in house prices right across the country, and they are down as much as 3% which indicates that house prices on the whole remain on a downward trajectory. House prices in my constituency of Galway East are predicted to fall by 0.3% next year. Some analyses estimate that as a result of this conveyancing Bill between 6,000 and 20,000 homes are at risk of being repossessed which will put considerable pressure on house prices throughout the State and will contribute to the continued downward trend in house prices. There is no doubt that this influx of repossessed properties and homes will only exacerbate the situation further. Some of my constituents who unfortunately are in mortgage arrears at this time are on the verge of this predicament.
While commentators in the ESRI believe that the future is bright for the country and I believe there is no doubt about that, the Government is taking significant steps to ensure that this is the way it will be into the next few years. Hopefully, next year many more will be gainfully employed and the economy will have improved and, as a consequence, house prices on the whole will begin to rise again.
As last week's figures suggest, we are back in a recession technically, and as a result, I contend, that the prospects for stabilisation or an increase in house prices remain minute. While I recognise the fact that the ugly truth is that these financial institutions must be become self-sufficient again, my question for the Minister for Justice and Equality is whether he has discussed any of the repercussions of the potential number of home repossessions may have on the housing market with the financial lenders and analysts and, if so, what approach are they going to take in that respect in the interests of stabilising the housing market?
I want to raise a related issue regarding the legal costs associated with financial institutions hiring barristers and solicitors to act on their behalf when issuing repossession proceedings and seeing these proceedings right through the courts. I know of a number of people who have been asked to pay tens of thousands of euro to have their homes repossessed or, worse still, to stop the bank from repossessing their homes. Would it not be better for the banks to hire in an in-house counsel or solicitor to act on their behalf as this would lead to lower legal costs and would not result in further indebtedness for their borrowers?
I am taking this matter on behalf of the Minister for Justice and Equality. I thank the Senator for raising this issue.
As the Minister indicated to this House just yesterday, the Land and Conveyancing Law Reform Bill 2013 does not create any new right of repossession on the part of lenders. It restores a right which was specifically intended to continue to exist under reforming legislation enacted by the Oireachtas in 2009 in circumstances in which certain High Court judgments have raised doubts about the ability of lenders to exercise that right. The main provision in section 1 restores necessary certainty to Irish law in these circumstances.
While there is a troika commitment to introduce this legislation, the legislation is necessary in any event because we cannot sustain an ongoing lack of certainty with regard to the legal position on mortgages and we cannot sustain a situation in which banks are expected to lend money by way of mortgages on the one hand and on the other hand there is a lack of certainty about the exercise of their rights when it comes to major default by a borrower.
As the Minister and the Government have stated a number of times, repossession of a family home or a principal private residence is intended to be the very last resort after all other avenues have been tried but have failed. Even where the point of a court action for repossession of a person's home is reached, this Bill makes very specific provision for a late intervention safeguard for borrowers by allowing for an adjournment for the parties to investigate the alternative of a personal insolvency arrangement. In addition, the Bill also provides that repossession proceedings in relation to the principal private residence must be commenced in the Circuit Court which will reduce the cost of the proceedings for the parties.
This Bill is not an isolated measure. It exists within the context of a range of interventions which this Government has made to assist with the debt and mortgage arrears crisis which we face. For example, the Personal Insolvency Act 2012 introduced major bankruptcy and insolvency reform, in the year after this Government took office, where precisely nothing had been done in this area by our predecessors.
I do not believe, as has been suggested both in the Oireachtas and in the media, that the passing of this Bill will open the floodgates for repossessions. One of the main reasons for this view is precisely the issue raised tonight by Senator Higgins. It makes no economic or financial sense for financial institutions to place too many houses on the market as it would, as the Senator suggests, depress house prices even further.
In respect of the potential number of repossessions actions which will come before the courts on the passing of this legislation, the Minister has asked me to say that it is impossible to put a figure on this given the number of variables that exist. The Minister hopes that, rather than going directly to repossession proceedings, parties will seek to avail of the insolvency mechanisms contained in the Personal Insolvency Act when the Insolvency Service of Ireland becomes fully operational within the coming weeks.
I will bring the Senator's last point regarding legal costs to the attention of the Minister.
I thank the Minister of State for his response. I want to make it clear that I am not against the introduction of this law. I was a practising barrister for a number of years and would have acted for and against financial institutions during that time. It is important that banks and those people who are availing of loans have certainty. For banks in particular, it is a commercial reality that they would have certainty in that if they lend money and somebody is not able to pay it back they are entitled to call in the loan in certain circumstances. I raised this issue because I am concerned about the impact on the property market of a plethora of houses, or even increased number of houses coming on the market or being released for sale at any one time. I feel my question has not been answered. I am worried about the possible saturation of the property market and house prices being further depressed. People who have houses that are inequity and are trying to salvage something by way of mortgage repayments, or in terms of being able to sell their house and pay off some of their mortgage, will be left in a very difficult situation. I have put up with the answer I have been given but I appreciate that the Minister of State will bring to the attention of the Minister the matter regarding the excessive legal costs that are being presented to people who are already indebted and trying to save their homes.
I thank the Senator for her views and assure her that I will convey them to the Minister. I repeat that a lender seeking a court order to repossess the home of a mortgage holder who has defaulted on repayments should be a last resort, where all other avenues to resolve the arrears situation have been exhausted. That is the context of the reply, namely, that it will be done as a last resort after everything else has been tried. Ultimately, the recourse, when it becomes absolutely necessary, that our legal system provides, and is seen to provide, are processes which work properly to give effect to a lender's age-old right to repossess, as a very last resort, where there is a very serious default.
It is very important for the Government to get that message out. I am very mindful of the fact that it is a last resort but I am concerned about any distortion of the property market.
I thank the Minister of State, the Senator and the officials for facilitating us at this late hour.
I thank the translators as well.
The Seanad adjourned at 12.30 a.m. until 10.30 a.m. on Thursday, 11 July 2013.