Seanad Éireann díospóireacht -
Wednesday, 6 Nov 2013

Vol. 227 No. 5

Adjournment Matters

Nursing Home Services

Senator John Whelan

I thank the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, for coming at this late hour to take this Adjournment matter. There is a sense of déjà vu here in that I asked a similar question, with the tolerance of the Chair, on 24 April. I hope the Minister has some good news to convey tonight, as opposed to his having merely been handed a hospital pass, so to speak, in deputising for the Minister for Health, Deputy James Reilly.

I am seeking a commitment from the Government to the community nursing home sector, which is vital to ensure a balanced provision of care for our elderly citizens. The private nursing home sector, while it does provide an important service, cannot meet the demand arising out of a growing population of ageing citizens. Moreover, the private sector cannot cater for elderly people who require more extensive care, such as those suffering from dementia and Alzheimer's disease.

I was assured last April that a decision would be announced "shortly" and "soon" in terms of a future commitment by the Department of Health and the Health Service Executive to community nursing homes, including the Abbeyleix and Shaen facilities in County Laois. The latter is the only unit within the entire region which caters for high-dependency patients. The Minister will understand that, at this stage, patience is wearing thin among people in Laois. The initial announcement by the HSE to close the Abbeyleix and Shaen community nursing homes was made two years ago this week. To be fair, the Minister for Health did intervene and ask the HSE to review the decision and compile a report. That report was furnished a year later. Twelve months later, we are still anxiously awaiting a commitment from the Department of Health and the HSE to retain both Abbeyleix and Shaen. These particular facilities are typical of community nursing homes throughout the country, all of which are absolutely vital to ensuring that elderly citizens in need of residential care in the autumn of their years are cared for properly.

It is an absurd situation that only 16 patients remain in Abbeyleix community nursing home even though it has the capacity and scope to cater for up to 50. That makes no economic sense. I do not understand the HSE's strategy in this matter; nor do I support its policy in seeking to drive people into private nursing homes. It is not an acceptable position. Community tolerance is wearing thin after two years of waiting for a decision, which is understandable. It is high time we received a commitment, in no uncertain terms, to the community nursing home sector. These facilities provide a level of care and service that is central to our strategy of caring for citizens in the autumn of their years. I hope the Department of Health will finally bring this matter to an end and close off the uncertainty that has prevailed for two years. There is a vibrant role within the overall strategy of health care, in the midlands and throughout the country, for community nursing homes like Abbeyleix and Shaen.

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

I convey apologies on behalf of the Minister for Health, Deputy James Reilly, who is unable to take this Adjournment matter. I thank Senator John Whelan for raising the issue. Government policy is to support older people to live in dignity and independence in their own homes and communities for as long as possible. Where this is not feasible, the health service supports access to appropriate quality long-term residential care.

Access to appropriate quality long-term residential care is underpinned by both the system of registration and inspection of nursing homes and the financial support available under the nursing homes support scheme. Essentially, our aim is to ensure that people are being cared for at the point of lowest complexity. People should only be entering long-term nursing home care when they have passed the point of being able to be cared for at home. This means that only the most highly dependent people should be in long-term nursing home care. One of our key priorities is the progression of a single assessment tool for older people. This standardised framework will ensure there is a robust, equitable standardised care needs assessment framework nationally. It will also allow resources to be targeted towards those with the greatest needs and enable supports and services to be designed in the most appropriate way possible.

The Department is working closely with the Health Service Executive to develop an overall plan regarding future public provision of long-stay residential care services. The plan will reflect both national and regional requirements and will have regard to the current severe financial constraints, restrictions on public sector staffing and recruitment, and the ongoing need to meet service and safety standards, all of which pose challenges for community nursing units across the country. The review of the nursing homes support scheme will also influence the future direction of residential care services. This review will consider the long-term sustainability of the scheme, as well as examining community-based services and how further development of those services might viably allow more older people to stay at home for longer. Work on the review is ongoing and is expected to be completed in early 2014. A longer-term plan for public residential facilities will follow on from that.

There are six public nursing units in counties Laois and Offaly providing 285 residential beds, of which 249 are long-term residential care beds and the remaining 36 are short-term beds. All six units were registered with the Health Information and Quality Authority in 2012 for a period of three years. In recent times, the future of St. Brigid's Hospital, Shaen, and Abbeyleix District Hospital have been under consideration by the HSE. Following a public consultation process carried out in 2012, all relevant information and submissions were presented to the designated officer on 16 August 2012. He, in turn, made a submission to the Department in December 2012, following consideration of which the Department sought clarification on a number of points. The HSE's response to that request for clarification is still awaited. The Department will finalise a submission for the Minister's consideration once the HSE has resolved any outstanding issues. This process is expected to conclude shortly. These decisions are being made in the context of the HSE's service plan for 2014, which will be published in draft form in the coming weeks for implementation in January.

Senator John Whelan

I thank the Minister for the information he has put on the record of the House. However, I fear the words "shortly" and "soon", as I said back in April. I thought in April that would mean we would have a decision before the recess in July. We are one full year on since the original report was issued by the HSE to the Department. The public in Laois are entitled to clarity and a commitment to Abbeyleix and Shaen community nursing homes, as part of the matrix of caring for our senior citizens.

I agree with the Minister that the best place for senior citizens to be looked after is in their homes. That can only be done if there is also a commitment to the home help service and home help hours. That is where people prefer to be, although in some instances people cannot be looked after by their families in their homes. In such cases, they have to go into hospitals or hospital-type settings, which look after them in a fantastic way, such as in Shaen community nursing home - a high dependency unit and the only one of its kind in the midlands - and in Abbeyleix. It is high time that the HSE and the Department of Health drew a line under this and signalled that they are committed to Abbeyleix and Shaen and stopped dragging the matter out.

Deputy Phil Hogan

I appreciate the Senator's genuine concern for the people of Abbeyleix and Shaen. He has articulated the community concerns, of which I am aware, living in north Kilkenny and a near neighbour of those areas. I assure the Senator that I will convey directly to the Minister for Health tomorrow the strong feelings he has expressed on behalf of the community.

Local Authority Assets

Senator Thomas Byrne

Go raibh maith agat, a Chathaoirligh, as ucht an deis a thabhairt dom an t-ábhar tábhachtach seo a árdú ar an Athló. I thank you, a Chathaoirligh, for allowing me to raise this matter and I thank the Minister for being present. This is an issue that has an impact countrywide and I wish to highlight one example. I am talking about municipal authorities, in effect, town councils, that own land and property which in many cases is very much associated with a specific town. In Kells, County Meath, between 300 and 350 acres of land is owned by the town council. It is widely considered by the people to be held in trust for the people of the town of Kells. The land incorporates the people's park at Lloyd, hundreds of acres of agricultural land, and Kells business park. Over the years, businesses were attracted to the town through its ownership of this land. I believe more than 1,000 people are employed in that part of the town. There is great affection in the town of Kells for this land. It was originally bequeathed to the town from the Headfort estate.

As I understand from the Local Government Bill 2013, the land that town councils own, such as the lands in Lloyd in Kells, will be transferred to the county council which will have the reserved function of selling it, a function currently reserved for the town council. There are nine town councillors in Kells with a say on this and they are accountable to the people of Kells, but under the Minister's plans, the Kells municipal authority, which covers a much greater area than the town, will have seven members out of a total of 40. The fear is that this land could be sold from under the feet of the people of Kells by a vote of councillors predominantly from other areas. It is a significant asset and worth a substantial amount of money, but I do not think the people of Kells are interested in the money. They are interested in maintaining it and achieving a positive solution to it, but I do not think that positive solution is to give the power of sale to the county council.

I have spoken to my colleagues who are members of Kells Town Council - Councillors Bryan Reilly, Sean Drew and Frankie Lynch - as well as members of my party cumann, and they are very concerned about this. I have also spoken to senior officials in Meath County Council and they have concerns as well. They would like to see something done. Some proposals have been put forward, such as putting the land into some type of trust arrangement. There are complications with that, but anything other than financial issues can be overcome. It might be an option to transfer it to the county council in advance of the legislation, but there may be stamp duty issues with that. I do not know if the Minister can provide any comfort on this. I call on him to liaise with the council, the councillors and the people of Kells to ensure this land is protected and not simply handed over to the county council, because it is a valuable asset. Some kind of trust or other protection needs to be put in place in conjunction with the Department and the local authorities. This issue has not arisen much yet, but I am sure there are other examples of municipally held land over which people do not wish to see councillors from another end of a large county having the power of sale.

Deputy Phil Hogan

I thank Senator Byrne for raising this matter and I am pleased to have the opportunity to provide some policy context and detail in relation to the legislative provisions proposed regarding matters such as these. The issue of local government reform at sub-county level was raised on the Adjournment in the House last month, and while I do not propose to revisit the contributions of Senator Ó Domhnaill or the Minister of State, Deputy Jan O'Sullivan, from that occasion, I will make a few comments on the broader policy context of the specific issue raised.

The Government's action programme for effective local government, published in October 2012, sets out the Government decision for a range of measures to reform and strengthen local government structures, functions, funding, governance and operational arrangements. Chapter 6 of the action programme sets out policy decisions to replace town councils with a new comprehensive model of municipal governance, based around principal towns and designed to strengthen local government within counties and to address weaknesses and anomalies in the current system. Without question, this is a radical departure, and the decision to change fundamentally our approach to local government arrangements within counties was not taken lightly.

There has been a considerable element of history, heritage and civic status associated with town authorities, but these strengths cannot hide the fact that the existing system of town local government contains glaring weaknesses, including limited functions, outdated boundaries, duplication of administration and insufficient scale to maximise efficiency or support expertise or resources to carry out a range of complex functions.

The new model of municipal governance will address these and other limitations. Equally, there is no reason the strengths and qualities associated with many town councils cannot be extended beyond the town walls, as it were, to embrace the wider hinterland of towns which are linked to them for a range of social, commercial, educational, employment and other purposes. Municipal districts will cover the entire territory of each county, reflecting European norms, removing outdated boundaries and ending the anomaly of small towns having municipal status and dual representation, while some larger centres and rural areas lack any sub-county governance. The performance of different functions by members at county and district levels will result in greater effectiveness than the current parallel town and county system. The division of functions between county and district levels will be determined on the basis of what is most relevant to each level. Local matters will be dealt with at municipal district level, while those of wider strategic application will be decided at county level.

Invariably during any period of change, specific instances will arise that have to be managed as part of the change process, and I am aware of the lands around the Spire of Lloyd in Kells, County Meath, and the importance attached to them locally as a recreational asset. The status of such assets under the Local Government Bill 2013, which I published recently, and following implementation of the structural reform measures, is clear. In accordance with section 24(2) of the Bill, the local authority for a county will become the successor authority for all purposes where a town council is dissolved. In addition, consequential on the dissolution of town councils, there are extensive provisions in Schedule 4 to the Bill which will apply from the date of dissolution in respect of a range of matters. Paragraph 2 of Schedule 4 deals with the transfer of assets from a dissolved authority to a successor authority and provides, inter alia, that all assets which were vested in or belonged to an authority to be dissolved will from the relevant day or date be transferred to the successor authority.

The bottom line is that these lands will continue to be an amenity available to and enjoyed by the people of Kells and of the wider hinterland. After mid-2014, operational responsibility for the land will rest with Meath County Council, but stewardship will rest in the first instance with the elected members for the Kells municipal district who, under the new legislation, will have a strong portfolio of reserved functions to be performed in that district - much stronger than county councillors currently have at area level - including functions in respect of budgetary procedures and decisions on programmes of works within the district.

To conclude, I will refer back briefly to the overall local government reform programme by reminding Members that the core purpose of the programme is to put local government in a position to deliver better services, amenities and governance to their communities by strengthening the structures, finances and operations generally of the system. In the context of future governance arrangements within counties, the principle of strength through unity will be a key factor in ensuring that these objectives are delivered to the benefit of all communities, urban and rural.

Senator Thomas Byrne

I am disappointed with the response. I did not table this matter to attack the Minister's local government strategy but to raise a specific problem that has arisen as a result of it. That problem is acknowledged by all parties in Kells and, indeed, by many of the officials I have spoken to in Meath County Council. I urge the Minister to examine this. I am sure there are similar cases around the country and provision could be made to give them protection. The Minister stated what is going to happen, which is that the ownership will transfer from Kells Town Council to Meath County Council. The danger is that Kells municipal area, which is a great deal more than Kells town, will only have seven votes of the 40 on Meath County Council. Yes, the lands will still be there, but the rental income from them will go into a county fund and not into the Kells municipal area, as I understand it. The Minister must be able to think of a solution.

I urge him to accept that I raise this matter constructively to highlight a problem which many people would like to have solved. I hope he will think about it to see if anything can be done in the meantime. If the land can be transferred to the county council in advance of the legislation, with some conditions, that might be done. However, I understand there is a stamp duty liability or there are other complications. Perhaps it is not the done thing or it could be seen as improper to do it before the legislation is passed. Perhaps the Minister would to ask an official to look at this and liaise with senior officials in Kells. Mr. Stewart in Kells is from that area and he is very supportive of maintaining this. The council has no plans to sell it. I am not trying to raise any fears, but it has been protected for hundreds of years and we have a duty to continue to protect it, if we can.

Deputy Phil Hogan

I appreciate Senator Byrne's bona fides on this matter. It is quite unusual for him to come forward with a very constructive approach, certainly when I come to the House. I appreciate that he is seeking a solution to this matter. I will undertake to examine it legally and see what we can do to allay the concerns. There will be 40 councillors and I am sure Fianna Fáil and Fine Gael will have a number of them to ensure that these lands at Lloyd remain for the benefit of the people of Kells and the municipal district of Kells for many years to come and that they will not be supportive of motions to sell some of the gold and silver of Kells for the purposes of dealing with any financial difficulties that might arise or to fill a financial black hole in County Meath. I appreciate the Senator's genuine intent on this matter and I undertake to have the officials in the Department look at it in advance of the legislation coming before the House.

Irish Language Issues

Senator Trevor Ó Clochartaigh

Cuirim céad fáilte roimh an Aire Stáit ag an am déanach seo. Táim thar a bheith buíoch dó faoin am a thógáil le bheith linn. Bhí mé ag Oireachtas na Gaeilge i gCill Airne ag an deireadh seachtaine - ócáid mhór na Gaeilge ag a mbíonn pobal na Gaeilge agus na Gaeltachta ar fad bailithe le chéile. Bhí borradh mór faoin ócáid ar fad, ach bhí an-díomá le braith freisin ag an ócáid chéanna maidir le cinneadh a ghlac comhghleacaí an Aire Stáit, an tAire Howlin, an tseachtain seo caite maidir leis an gcoimhneas atá ann ó thaobh daoine atá ag obair sa Státseirbhís.

I attended the Oireachtas na Samhna festival in Kerry last weekend. It is the largest Irish language festival. It was a very good festival and there was a good buzz. However, that was dampened to a great extent by an announcement by the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, last week that there will be a change in the way people will be recruited to the civil and public service. Many suggestions have been made over the last number of years regarding how to improve the number of people in the civil and public service who can do their business as Gaeilge and support the communities around the country who wish to do that. The decision taken by the Government was wholeheartedly condemned by almost everybody I spoke to at the festival. These are people who are trying to avail of these services on a daily basis.

A number of people have made strong statements on the decision. An Coimisinéir Teanga, Seán Ó Cuirreáin, who has a huge amount of expertise and has spoken on this issue and written about it in many of his reports, stated the new system would be an absolute disaster, teip tubaisteach, as regards trying to increase the number of Irish speakers in these services. It will push Béarla éigeantach don phobal lena gnóthaí a dhéanamh leis an Stát. It is compulsory English for Irish speakers if they wish to engage with the State. Conradh na Gaeilge has said that there was a golden opportunity here for the Government to do something positive. It is widely accepted that we must increase the number of people who can do their daily work through the medium of Irish.

It is suggested that 6% of people recruited to the public service will have to be Irish speakers. How did the Minister arrive at that figure? There does not appear to have been any research conducted in recent years that would suggest a figure of 6%. I have read a number of reports on the Irish language in the last few years and this does not appear to have been a suggestion by any of the experts in this area. This figure is not in the Government's 20 year strategy for the Irish language, which is supposed to be the blueprint for increasing the number of Irish speakers in the State to 250,000 over that period.

What research has been done on this decision? Has the figure been plucked out of the air? Who arrived at it? Is there a plan for how the 6% will be deployed in the different Departments? In the Department of Education and Skills, for example, which is one of the key Departments for promoting the Irish language, if one removes teachers from the equation only 3% of the people working in the administration side of the Department can do their business through the medium of Irish. That is a huge reduction from the position in the Department previously. In addition, we have seen with numerous reports from the Language Commissioner in the last number of years a certain belligerence on the part of some Government Departments in respect of engaging with people and taking on board his recommendations for providing their services through the medium of Irish. Who will be in charge of this new plan? From where did the plan emerge? On what research is it based? Has some socioeconomic or linguistic research been carried out to support that figure and explain why it is being used? Who will be in charge of the implementation and how will the figure be divided across different Departments? Will there be priority Departments that deliver front-line services in Gaeltacht areas, for example, and to Irish speaking communities at which it will be targeted?

People in the Irish language community think this decision is an absolute disgrace. They see no merit in it and believe it will be hugely detrimental to the provision of services. They also believe it is contradictory to the Government's 20 year strategy to promote the Irish language. We call for it to be reviewed and for the Government to return to the recommendations in the 20 year strategy and to implement them fully. Táim ag súil go mór le freagra an Aire Stáit ar seo agus tá súil agam go dtabharfaidh sé léargas dúinn ar cén córas cinntireachta atá ag an Rialtas agus ag an Aire Howlin agus é ag cur an cinneadh seo i bhfeidhm.

Minister of State at the Department of Public Expenditure and Reform (Deputy Brian Hayes)

I thank the Senator for raising this matter. I apologise that the Minister, Deputy Howlin, is unable to come to the House to address the issue this evening.

The policy of awarding bonus marks for Irish language proficiency in Civil Service competitions was introduced following the abolition of compulsory Irish in the 1970s. In developing pragmatic policies in support of Irish language proficiency to replace the existing legacy policy, the Minister was guided by a public policy imperative to develop a coherent set of measures that support service delivery through Irish in the 21st century. In formulating the new policy the Minister was conscious that the bonus marks scheme was not, in practice, achieving its policy objective. The uptake of the scheme was low and those awarded bonus marks were not being utilised to provide services through Gaeilge.

The Minister's focus since taking office has been on driving change and reform across the public service to make it better performing and more fit for purpose. In this context, we are rolling out more strategic workforce planning policies to ensure the right people are in the right place to deliver effective policy initiatives and support efficient service delivery. Within this overarching policy, Irish language proficiency policy for the Civil Service has been refocused to provide more meaningful and effective services through Irish. The Government's implementation plan for the 20-year strategy for the Irish language 2010-2030 includes measures aimed at building capacity in the provision of Irish language services in the Civil Service. The workforce planning process will be amended to require Departments and Government offices to identify posts and areas of work requiring staff who are functional bilinguals.

We have now given practical effect to the commitments in the measures to support Irish language proficiency in the Civil Service that were unveiled last week. The policy includes provision for a sub-panel of functional bilinguals equal to 6% of the main panel for future recruitment and, where appropriate, promotion competitions. Successful candidates from the main competition panel will be tested on the basis of a rigorous written and oral Irish test. Successful candidates must be able to provide a full range of services to customers, and internally within Departments, in Irish, and will be designated for that purpose for a period of time. We will pilot this approach in the upcoming executive officer competition to assess demand for functional bilinguals across Departments. If demand exists, the scheme will be applied to future competitions.

The shift from the policy of awarding bonus marks for Irish in competitions - which demonstrably did not achieve the required policy outcome - to an approach that puts in place a panel of functional bilinguals for deployment across the system is designed to renew and strengthen Irish language proficiency across the Civil Service. We see scope for greater linkages between the Irish language schemes and strategic workforce planning so as to ensure Departments clearly identify the need, if any, for service delivery through Irish in a structured way. This more targeted and direct approach acknowledges, in a tangible way, the continued importance of service provision through Irish.

In tandem with the functional bilingual policy, there is an ongoing need for an Irish language training and proficiency assessment regime for existing civil servants. The service level agreement between the Department of Public Expenditure and Reform and the Department of Arts, Heritage and the Gaeltacht supports capacity building and provides a practical mechanism to support Irish language training services and proficiency testing.

In conclusion, resourcing policy for the Irish language must have a greater competency-based focus. The new measures represent a very real improvement and go a long way towards achieving this outcome. The legacy policy was not providing service delivery in Irish, and the measures agreed last week are the first step on the road to a more realistic and coherent policy in this area. The policy is intended to meet our stated commitment under the 20-year strategy and to create a supply of functional bilinguals for deployment across the Civil Service in the medium to longer term.

Senator Trevor Ó Clochartaigh

Ba mhaith liom buíochas a ghabháil leis an Aire Stáit. We would all agree that the previous method was not working, but it is also true that the Minister of State's Department did not actually implement that scheme. In fact, several outstanding cases in this regard have been taken by the Coimisinéir Teanga. The scheme was never going to work if it was not implemented.

The Minister of State provided a great deal of information in his reply without actually responding to the question I asked. He stated in his conclusion that "resourcing policy for the Irish language must have a greater competency-based focus". On the basis of what research did the Department arrive at the 6% figure? My concern is that there does not seem to be any basis for the new policy in theory or existing research. Nobody in the Irish language sector knows where the 6% figure came from, why this policy has been accepted and with whom it was discussed. There certainly was no discussion with any of the stakeholders; rather, the figure in question seems to have been plucked out of the air.

The Irish language community has very little faith that the new scheme will work. It is in not in alignment with the 20-year strategy in any way, sense or form. There is also the issue that Departments are not implementing the schemes they are supposed to be implementing. I have less faith in the scheme now than I did before I asked the question, because I see no basis for the decision that was made and no backup for the Minister of State's assertions.

Deputy Brian Hayes

There is all-party agreement on the 20-year strategy. We all accept the necessity for it. We will, of course, have regard to any comments made by the coimisinéir in terms of the policy the Minister, Deputy Howlin, has outlined.

The key issue for people who transact their business through Gaeilge is the capacity to speak to people who have the language. The point the Minister made in his remarks last week, in setting out the new policy, is that the previous policy in terms of bonus points for Irish was not achieving that objective. We have, therefore, decided to try something different, albeit by way of a pilot scheme. The objective is to assess, in a more effective way, the requirements within the public sector for people to speak the language and to ensure we have those people in place. There are two basic requirements here. The first is that we have people who are skilled in the language and can deal with the public in a competent way. Second, those staff must also be competent to work within Departments to fulfil the objectives set out in the policy in terms of documentation and other requirements. The previous policy did not work in any shape or form and it is right and proper that we should seek to reform it.

Animal Diseases Issues

Senator Paul Bradford

I thank the Cathaoirleach for allowing me this opportunity to raise an issue that is of significant concern to pig farmers throughout the country. I am delighted to welcome the Minister of State, Deputy Tom Hayes, to the House. He and his family have a long-standing knowledge and experience of the industry in question. As such, I am sure he has a particular concern for the pig farmers who are currently facing severe financial distress.

The Minister of State will be aware that a strategy for the future development of the agricultural and food sector, Food Harvest 2020, was devised by predecessors in his Department, along with their civil servants and representatives of the industry. Under those proposals, it was forecast that the pig industry might grow by as much as 30% or 40% in the coming years and produce significant additional output and jobs. It would, in short, be a win-win situation for all concerned. Unfortunately, however, the current crisis caused by the outbreak of blue ear disease in pigs could put all of that potential at risk.

I will not go into the background of the recent disease outbreak; I am sure the Minister of State is fully acquainted with it. I am asking that he and his officials sit down with the affected parties and various interest groups to see what can be done to provide relief. It has been estimated that up to 33% of the national herd is affected, which equates to some 48,0000 sows. Pig farmers are losing significant income as a result of the disease outbreak, at a time when they have spent extensive moneys in providing facilities required under the EU animal welfare regulations. In fact, an estimated €40 million was spent by pig farmers across the country by way of investment in animal welfare measures.

Now their income stream is being absolutely decimated. I am advised, for instance, that the national pig kill could be down by 10%. Some of the processing units, instead of working five or five and a half days per week, are currently operational for only three or four days. Jobs and income are being lost as pig farmers face this very grave crisis. Will the Minister of State give serious consideration to providing financial compensation? This is a sector which has had many difficult days and difficult battles but was certainly on the road to improvement.

Significant amounts of money have been taken from it and if we want the 2020 plan to succeed and to ensure the future of a strong pig industry in this country, with all that it offers, we must provide immediate financial assistance.

I ask the Minister to treat this crisis with the utmost seriousness and to offer some form of financial response.

Minister of State at the Department of Agriculture, Food and the Marine (Deputy Tom Hayes)

I thank Senator Bradford for raising this important matter. It gives me the opportunity to state the Department's position on it.

Porcine reproductive and respiratory syndrome virus, PRRSV, causes a disease in pigs called porcine reproductive and respiratory syndrome, PRRS, also known as blue-ear pig disease, and is a widespread disease affecting domestic pigs. The symptoms include reproductive failure, pneumonia and increased susceptibility to secondary bacterial infection. It is caused by a virus classified as a member of the genus Arterivirus. PRRS was first recognised in the United States in 1987 and the causative virus was identified in the Netherlands in 1991. The virus is often transmitted by the movement of infected animals. Pigs born to infected dams may not show disease signs, but can still shed the virus. The virus is also found in faeces, urine and semen and can be spread by vehicles or supplies. Insects have also been found to be a potential source of spread. The virus may also be wind borne.

The clinical signs are reproductive failure in sows and respiratory disease in young pigs. The reproductive failure is characterised by infertility, abortions, stillbirths or the birth of weak piglets that often die of respiratory failure after birth. The stage of gestation or the immune status of the sow determines the effects of infection. Diagnosis is made on serological testing and commercial vaccines are available and have been effective in controlling outbreaks and economic losses.

PRRS is notifiable in accordance with the Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order 2008, Statutory Instrument 101 of 2008. This order requires the compulsory notification of a number of diseases to my Department. Where such diseases are notified, a number of options are available. The options depend on the actual disease. Notification of a disease does not prescribe that any specific action must be taken by my Department.

There are no specific rules governing PRRS at EU level. PRRS is considered endemic in many areas of the Union. PRRS was retained as notifiable under Irish legislation as it was identified in only a relatively small number of Irish pig farms and the controls applied were designed to minimise the opportunity of spread from infected herds to clear herds. The controls applied included the restriction of the movement of pigs and products or by-products except under licence. This policy was developed in agreement with the Irish pig industry, which used PRRS freedom as a quality assurance mechanism. It also enabled certification of products to certain third countries that required that product only be supplied from PRRS free herds.

The existing rules were modified last September. The key changes include that PRRS remains a notifiable disease - herds that have clinical signs of PRRS must report the disease to the Department of Agriculture, Food and the Marine; herds will no longer be restricted for the disease; all herds that were restricted at the time were de-restricted immediately; herds that notify the Department of outbreaks will be placed on a central list at headquarters to allow basic monitoring of the situation and to assist in the certification of meat at factory level - this is now a "notified list", not a restricted list as was the case previously; herds can be removed from this "notified list" if they can provide a veterinary certificate that there have been no clinical signs of PRRS for the past six months; vaccines must still be applied for from the medicines section; and as these herds are no longer restricted, they are not excluded from trade in live pigs to Northern Ireland. There have been no adverse effects on third country exports.

With regard to compensation, like Senator Bradford I acknowledge that there are many jobs and significant investment in this business. People have spent significant amounts on providing better accommodation for their animals. The figure of €40 million suggested by the Senator is one on which I could agree. I understand why people who have invested so heavily are extremely concerned. However, the fact that a disease is notifiable does not confer any right to compensation. Compensation in respect of losses due to disease is not automatic. In fact, compensation is only considered where a diseased animal is slaughtered by order of the Department for the purposes of preventing spread of the disease to other livestock.

There is no aid scheme in place in Ireland to provide compensation to farmers whose herds are affected by PRRS. As the Senator may be aware, any compensation provided to farmers in the context of an outbreak of disease is subject to state aid rules which are laid down at EU level. These rules prescribe, inter alia, that compensation for losses due to animal diseases can only be considered where there is an appropriate programme at EU, national or regional level for the prevention, control or eradication of the disease concerned. Aids which simply compensate farmers for losses incurred without taking any steps to remedy the problem at source must be considered as pure operating aids which are incompatible with the Common Market. There is no national eradication programme involving the payment of compensation in place in Ireland and there are no plans to introduce such a programme.

However, in view of the seriousness of the situation outlined by the Senator, I will ensure this is monitored on an ongoing basis. It affects a large number of people who have put much investment into this sector.

Senator Paul Bradford

I appreciate the Minister's interest and willingness to monitor the situation, but I am disappointed with his response. I am requesting that some type of financial compensation be put in place. The Minister outlined the reasons it cannot happen under certain analyses, but there obviously is a need for the Minister of State, the Minister and the officials to meet with the people who have been affected to see how the rules can be made more flexible and responsive. The Minister of State said that aids "which simply compensate farmers for losses incurred without taking any steps to remedy the problem... are incompatible with the Common Market." However, if a scheme were put in place that would take the required steps to remedy the problem at source, it will get around that issue. I appreciate that money is in short supply, not just in the Minister's Department but in every Department, but we must look on this as a long-term investment and an insurance policy to ensure that the pig industry will remain functioning, active and growing into the future.

I ask the Minister to talk to his officials and to officials at EU level. If the Oireachtas and the Department do nothing, this industry could reach a stage where it could be almost wiped out. We cannot afford to have between 30% and 50% of pig farmers made financially unviable as a result of this unfortunate outbreak. I am not expecting a miracle response tonight but I ask the Minister to enter into negotiations with the affected parties to see if some type of compromise and, most importantly, some degree of financial compensation can be found.

Deputy Tom Hayes

I accept that the pig industry is hugely important in this country. Much investment has been put in place and it has become very intensive. It would be a huge loss for the country, particularly at a time when agriculture and the food industry are growing. There is enormous potential. Every time the Minister leaves the country he sees growing opportunities for our food industry. It is a very exciting industry.

However, I am not in a position, and it would be quite wrong, to say more. I will certainly discuss it with the officials and see what can be done. The situation might be getting worse than it was some time ago. I will revert to the Senator. If the Senator has specific cases in mind and some figures on the issue, perhaps he would furnish me with them and I will talk to the Minister and the officials. Money is scarce as the recent budget proved. It was very difficult to agree the budget. It took a lot of time and there was much pressure from sectors such as forestry, dairy and suckler producers. Across the agriculture industry we had difficulty getting the budget we succeeded in securing. However, if we can have a discussion on this issue, I will try to do something later for the Senator.

The Seanad adjourned at 11.20 p.m. until 10.30 a.m. on Thursday, 7 November 2013.