Seanad Éireann díospóireacht -
Wednesday, 11 Mar 2015

Vol. 238 No. 11

Commencement Matters

Courts Service

Senator Terry Leyden

I welcome the Minister of State, Deputy Jimmy Deenihan, and wish him well with the diaspora next week when he will ably represent Ireland. I wish him continued success in his work for the undocumented in the United States of America, a matter which is very close to his heart.

The Minister for Justice and Equality and the Courts Service need to refurbish the courthouse in Roscommon town to provide a modern courts service once Roscommon County Council's new civic offices are completed later this year. The courthouse is an iconic and a beautiful building on Abbey Street in Roscommon town. It has housed both the Courts Service and Roscommon County Council for over 100 years, having been built in the 19th century. The local authority received approval to build new civic offices in Roscommon town. My former colleague and former Minister of State Michael Finneran and I as a Senator and a Deputy have been working with council members for years to obtain new facilities for Roscommon County Council by way of the location of a one-stop shop in the area. That is now well under way and near completion. Staff will vacate the courthouse later this year and there will be an opportunity for the Courts Service to look at the building and the provision of services in a modern justice system.

The courtrooms are very attractive and beautifully laid out, but there are no facilities for a children's court or to deal with other issues that arise today and which were not considered when the building was erected. It is a great opportunity for the Courts Service to review and refurbish the building, provide wheelchair access and lifts to the first floor and to create a centre for all the activities of the justice system in the area. The court clerks are located at least one mile from the building, which is not a good approach to adopt. Therefore, we need to look at this issue. I am sure the Minister, the Department and the Courts Service will give it top priority. There is a question of negotiations with Roscommon County Council, but I presume they will be completed speedily.

The building invokes many memories for many. During the years it served many purposes. The council chamber, in which I served for over 20 years, would be ideal for a children's court.

All of the rooms will be occupied by barristers and solicitors. Currently, much of this work is conducted in public in the hallways on the ground floor, which is not satisfactory. Proper facilities are needed for the judges, barristers, solicitors and clients. Also, as the building is adjacent to the regional Garda headquarters in Roscommon town, this is convenient for gardaí in the context of their work with the Courts Service. I am asking today that the Government and Minister give early consideration to the redesign or refurbishment of the building, to include facilities for wheelchair users, and restoration of the building to its state prior to its extension some years ago by Roscommon County Council. I ask that the Minister give this matter his early consideration.

Minister of State at the Department of Foreign Affairs and Trade (Deputy Jimmy Deenihan)

On behalf of the Minister for Justice and Equality, Deputy Fitzgerald, I thank Senator Leyden for raising the matter. The Minister regrets she is unable to be present for this discussion.

As the Senator may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. Furthermore, section 4(3) of the 1998 Act provides that the Courts Service is independent in its functions, including in regard to the provision, maintenance and management of court buildings. The Minister has had inquiries made and has been informed by the Courts Service that it is aware of the current shortcomings of the court facilities in Roscommon courthouse. The Courts Service has confirmed that the capacity of the courtrooms is limited and the facilities for court users are not satisfactory. The Minister was also informed that due to the unsatisfactory office accommodation in the building, the Courts Service office in Roscommon has been moved to another building in the town. However, the Courts Service has assured the Minister that it is committed to providing improved court facilities in Roscommon town, which is one of a small number of county towns where a new or refurbished courthouse remains to be provided.

The Minister has been informed that, with the departure of Roscommon County Council from the building, the Courts Service has considered the potential for the development of the courthouse. It is understood that the initial assessment is that the courthouse could be suitably redeveloped within the historic structure if the Courts Service had all of that building available to it, along with some additional space adjoining it. As the Senator will appreciate, the cost of acquiring the additional space would be a major factor in deciding whether to redevelop the historic courthouse or to provide a new building on a new site.

The Courts Service has stated that the acquisition of additional space in the courthouse for its redevelopment has been the subject of discussions between the service and Roscommon County Council over a number of years. Offers have been made by the Courts Service to the county council in the past to acquire additional space, but no agreement was reached. The Minister has been informed that the new county council offices, which are adjacent to the courthouse, have been designed in a way to allow for the necessary space for the future development of the historic courthouse. While the Courts Service currently does not have funding to undertake work in Roscommon, it has assured the Minister that the development of courthouse facilities in Roscommon town is part of its plans for the future. The Courts Service will keep the issue of Roscommon courthouse under review.

As the Senator will appreciate, since the establishment of the Courts Service a substantial programme of investment in court facilities, amounting to €250 million, was undertaken with over 50 venues being newly built or refurbished. Many others were substantially upgraded. This level of investment has enabled the service to greatly improve the standard of accommodation, including facilities for people with disabilities, jury facilities, custody cells, consultation rooms etc.. There was also an ongoing programme of investment in technology at court venues. Work carried out includes the development of the Criminal Courts of Justice, completed as a PPP project, the construction of 13 new courthouses, refurbishment of 41 court venues and upgrade of many smaller venues.

In July 2012, the Government announced an investment package, which includes seven courthouse projects, with new courthouse buildings being developed in Drogheda, Letterkenny, Limerick and Waterford and substantial refurbishment and extension works to existing courthouses to be carried out in Cork, Mullingar and Waterford. The Courts Service is working with the Department of Justice and Equality, the Office of Public works and the National Development Finance Agency, NDFA, to progress these projects. Substantial preparatory work has already been carried out. It is expected that contracts will be signed in October this year, with delivery expected in 18 to 24 months, depending on the project.

Senator Terry Leyden

As I stated, my wish is that the courthouse be refurbished rather than moved to a new site. It is an important building in Roscommon from a historical point of view. I thank the Minister for his reply.

An Leas-Chathaoirleach

I would like to remind Senators that there will be no sos between the conclusion of Commencement matters and the Order of Business.

Disability Support Services

Senator Colm Burke

I welcome the Minister to the House. This issue follows on from an issue I raised four weeks about a family in the Cork city council area whose child has a physical and intellectual disability. While that family were advised in July 2008 by a city council official of work to be carried out to their home to accommodate their daughter this work has yet commenced.

The issue I am raising today is the need for appointment of a disability officer. The aforementioned case is not the only case with which I am dealing. In fact, there are 57 families in Cork awaiting work to their homes to accommodate people with disabilities. In my dealings with Cork City Council I have had interactions with officials from the housing department, finance department, architects' department and so on. No one person appears to be in charge of a file. As I speak, the child, whose family have been waiting seven years for work to be done to their home, is in intensive care in a hospital in Cork. This family have provided the highest standard of care for their child over many years. She has to be lifted out of bed every morning, washed and tube fed. It is wrong that this family is providing this level support and we are not giving them the additional support they need. Like me, when they contact Cork City Council they can find no one person to respond to their needs.

While there is a disability officer in place to deal with local authority staff who have a disability there is no disability officer to interact with local authority tenants who have disabilities. It is in that context that I tabled this matter this morning.

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Gerald Nash)

I hope that the young woman to whom Senator Burke referred is doing well and that her health improves. I hope also that the situation improves for her from a range of different perspectives.

On behalf of the Government and my colleague, the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, who has responsibility in this area, I wish to highlight that one of the key aims of the Department is to ensure that the housing needs of all citizens, including people with disabilities, are met and that rights to equal treatment, in terms of how those housing needs are met, are upheld.

The Disability Act 2005 provides a statutory basis for making public services accessible by placing obligations on public bodies. These obligations include ensuring their buildings, services and information are available and accessible to people with disabilities.

One of the specific requirements is that each local authority must appoint an access officer under section 26. This function is to provide or arrange for and co-ordinate the provision of assistance and guidance to people with disabilities in accessing services in local authority areas irrespective of where they live.

In addition to the statutory access officers, many local authorities also have a combination of equality officers, liaison officers, partnership co-ordinators, equality action teams and social inclusion units. In order to support local authorities, the Local Government Management Agency, LGMA, provides a range of advice and guidance on the delivery of services for people with disabilities, fosters best practice in that regard and operates the access officer network.

The Government's national housing strategy for people with a disabilities, which was published in 2011, sets out a broad framework for the delivery of housing for people with disabilities through mainstream housing policy. The vision of the strategy is to facilitate access for people with disabilities to the appropriate range of housing and related support services, delivered in an integrated and sustainable manner that promotes equality of opportunity, individual choice and independent living. As part of the implementation of the strategy, dedicated local housing advice centres are being developed at local authority level that will provide integrated and accessible advice and information to support all people with their housing and related support needs. These centres will complement the various other information and support services that are available to people with a disability at a local authority level who may wish to discuss their housing circumstances, be they local authority tenants or those living in another setting.

The Department of the Environment, Community and Local Government provides funding to local authorities for various social housing supports, including adaptations and extensions to the social housing stock to meet the needs of local authority tenants with disabilities or to address serious overcrowding. Funding provided by the Department meets 90% of the cost of such works, with each local authority providing the remaining 10%. The Department is liaising with all local authorities in respect of requirements for 2015 in this regard. The administration of the funding locally is a matter for each local authority, including decisions on the projects to be implemented.

I assure Senator Burke I will ensure that this information finds its way to the Minister. The circumstances outlined by the Senator are difficult. It is unconscionable that a young woman in such circumstances would wait so many years, given the fact that it appears that grant approval has been given to the family. While I do not know all of the details, the Minister and I will do our best to engage with the local authority to ensure that the family gets the service to which it is entitled.

Senator Colm Burke

I wish to raise two points. I am not blaming the Minister or the Department, but no one in the local authority is taking responsibility. The family has grown so frustrated that it has stopped talking to people. It was by pure accident that I came across the issue. I have been dealing with it for the past nine months. I have helped the family to file a complaint with the Ombudsman for Children, which is the only route available to it.

I spoke with COPE, which provides support services for people with disabilities. It looks after more than 1,200 people in its facilities in Cork and supports the family in question. COPE told me that, when it dealt with Cork City Council, as far as the council was concerned this was just a case of a family with a number and, while the council accepted that works needed to be done, it did not have the necessary funding. I understand that the council was allocated €361,000 last year for this type of work, but I cannot get information on what happened to that funding. Some of it may have been returned to the Department.

There is a lack of accountability. The family has been left to look after the child. The Evening Echo carried a front page story on it and "Drivetime" has done a piece on it, as have all of the local radio stations, but no one will take responsibility and sort the problem out within, for example, the next three months. My information is that the family is on the list and the works may get done at some point during the next two to three years. That is not acceptable.

Deputy Gerald Nash

I thank Senator Burke for his contribution on this important issue. I understand how frustrated he is, as the family's Oireachtas representative, that nothing seems to be in the pipeline. Local authorities and all public agencies need to be specifically conscious of the needs of people with disabilities when providing services.

The Senator seemed to imply that an amount of money had been returned by Cork City Council to the Department as an underspend in housing adaptation grants. That is not the position we want and the Minister, Deputy Kelly, is anxious to ensure that the resources he makes available to local authorities are spent as they should be, namely, on improving housing stock and giving access to the best housing stock for people with disabilities.

Perhaps I misinterpreted the Senator, but I understood that the grant had been approved in 2008. I assure him that I will bring the matter to the Minister's attention. This was not necessarily the Senator's aim, as he would like to see an improved system for people with disabilities and the appointment of disability officers in local authorities, but all public and civil servants in the system should be acutely conscious of the needs of people with disabilities who expect and are entitled to the types of service that the Senator outlined.

Senator Colm Burke

I wish to clarify something. In the letter issued to the family in July 2008, Cork City Council accepted that works needed to be done.

Deputy Gerald Nash

I see.

Senator Colm Burke

The plans were drafted and provided in November 2008, yet here we are.

An Leas-Chathaoirleach

The Senator's case is well made.

Dublin Docklands Development Authority

Senator Averil Power

I have tabled this debate to highlight the need for the Government to ensure that a certain percentage of jobs are allocated to local people during the Dublin docklands redevelopment, similar to arrangements that were put in place for the Grangegorman development. Recently, I met Mr. Tony McDonnell of the North Wall residents association and a local representative for the area, Mr. Brian Mohan. They asked me to raise this issue with the Minister.

As the Minister of State is aware, major development is planned for the docklands under the docklands strategic development zone, SDZ, from the convention centre and the IFSC to the 3Arena and the new Central Bank building. It is important that this development not only be done in a way that is sensitive to the needs of residents who will see considerable change in their area, but also brings a community benefit. One of the best ways of doing so is by securing employment for locals during the construction phase and when the new businesses open. This is particularly important, given that it is an area of high unemployment. There are many construction workers in the area and others are training in various aspects of construction.

This initiative would also be in the interests of local businesses if they are to integrate properly in their communities and be accepted by same. Not only should people be given construction jobs during development, but companies should be encouraged to employ people locally and run trainee internships for local students so that they might get business experience. There is an opportunity to link the development with the National College of Ireland, NCI, which is based in the IFSC. Companies' skills needs could be identified for the NCI, which could then ensure that local people acquired those skills. I have tabled this debate to ask the Minister for the Environment, Community and Local Government to liaise with the relevant stakeholders and ensure that this initiative happens.

Deputy Gerald Nash

I thank Senator Power for raising this matter, which I am answering on behalf of my colleague, the Minister.

The Dublin Docklands Development Authority, DDDA, was established pursuant to the Dublin Docklands Development Authority Act 1997 with a statutory mandate to secure the social and economic regeneration of the docklands on a sustainable basis and improvements in its physical environment. As a result of the economic downturn and, in particular, the distressed state of the property market, the DDDA's financial position has been under significant strain in recent years. On 29 May 2012, the Government decided that the authority would be wound up. Since this decision, the DDDA has been proceeding with an orderly wind-up process.

One of the Minister's key legislative priorities this year is the publication of the Dublin Docklands Development Authority (dissolution) Bill.

This Bill will ensure that all of the issues pertaining to the dissolution and wind up of the DDDA, particularly in respect of certain complex planning matters, are fully dealt with. The Bill will reaffirm the Government's commitment to the key objectives in relation to the docklands area. In particular, the Government is committed to: maintaining and enhancing the docklands' brand and international marketability as an attractive and prime location for investment and high value development; providing for an appropriate set of fast-track planning procedures; continuing to involve the local community and business sector in the regeneration project; and facilitating job creation.

While section 34 of the Planning and Development Act 2000, as amended, provides that a planning application may be granted subject to a condition relating to the allocation of jobs locally, such conditions would not be considered appropriate in this context. However, other actions are under way in the Docklands to underpin the Government's commitment to the development of a local employment and enterprise strategy. Specific objectives are included in the planning scheme for the North Lotts and Grand Canal Dock strategic development zone to underpin liaison with agencies and organisations working in the docklands to maximise educational opportunities, support employment for local residents and co­ordinate activities to maximise employment, volunteer and training opportunities for residents of all ages in the area. A dedicated docklands office within Dublin City Council will be adequately resourced to lead the regeneration of the area into the future. This office has initiated contact with local employment services, community training workshops, resource centres and other relevant stakeholders to commence discussions on how best to develop a strategy to maximise the opportunities of local employment. Docklands residential and business communities have been centrally involved in the regeneration programme, particularly through their membership of the docklands council, which was set up under the Dublin Docklands Development Authority Act 1997. This council will be replaced by a new docklands consultative forum through which the voices of the docklands communities will continue to be represented in future development of the area. It is envisaged that employment and enterprise will be the focus of one of the sub-committees of the docklands consultative forum. The residential community of the docklands area is central to its continuing development and it is projected that the population of the area will grow by almost 6,000 in the coming years. The interests of the residents are central to the integrated and sustainable growth of that community. Through the involvement of representatives on the docklands consultative forum, as well as the important role of local public representatives on Dublin City Council, those interests will be recognised and nurtured.

Senator Averil Power

I welcome that work is under way to develop a strategy and a consultative forum for residents but the engagement needs to go beyond consultation to real involvement. The Minister of State stated that one of the key objectives of the DDDA was to secure the social and economic regeneration of the area. The area will only be regenerated when the existing community is properly integrated. It cannot be simply a matter of bringing external businesses to the area while allowing them to remain completely separate from the existing community. That is not proper regeneration.

He indicated that it would not be impossible under the Planning and Development Act 2000 to provide for conditions on local employment but that it would not be appropriate. I strongly disagree with that assertion. Local employment is essential. All we will be seeking is a proportion of 10% or 15%. If we are to integrate businesses and create a proper social environment, it is essential to provide local employment. I ask the Minister of State to push his colleagues a bit further on this issue. It worked in Grangegorman and it would ensure that people do not feel that development is being landed into their community without any real involvement by residents. There may be a consultative forum but there is no integration on a day to day basis.

Deputy Gerald Nash

I will relay the Senator's concerns to the Minister for the Environment, Community and Local Government. She is correct that the local community has to be involved in the development of the docklands area. I understand such engagement was provided for in the 1987 Act and I know from conversations with my colleagues that the experience has been positive in terms of providing public services and developing schools, etc., in the area. The Minister of State at the Department of Justice and Equality, Deputy Aodhán Ó Ríordáin, who was principal of a school in the area, and the Minister of State at the Department of Education and Skills, Deputy Kevin Humphreys, have impressed on me the importance of community representatives to developing the area from a social and economic perspective. That is not to say the process cannot be improved. We need to keep a close eye on it.

In regard to Grangegorman, I understand the Tánaiste and Deputy Joe Costello were central to the inclusion of particular conditions for the development of the DIT campus. That, of course, is a public project which allows for the inclusion of social clauses. Significant employment has been provided to young people in the immediate area of Grangegorman who may have experienced unemployment. That is one way of creating a sense of local ownership of a significant public and social infrastructure project. I support the spirit of what the Senator is trying to achieve. It is important to ensure the existing community in the Docklands has ownership in what may be significant future investment in the area.