Commencement Matters

Schools Building Projects Status

Senator Lorraine Higgins

This is an urgent matter. Scoil Éanna, Bullaun, Loughrea, County Galway is in crisis. The people of Bullaun are desperate for, and have been promised, a new school. It is astonishing to me that, given the severity of their situation, pupils and teachers are forced to endure this entirely unsuitable and highly dangerous situation nine years after being promised a new building. Scoil Éanna is a standard three-classroom school built in 1959 on 0.6 of an acre. As a result of a huge increase in the local population, its enrolment has spiralled from 39 pupils in 2000 to 187 pupils in 2014. This increase in enrolment has necessitated the instalment of four prefabs, two of which are being accommodated outside the school's rear boundary wall and on the generosity and community spirit of several landowners. This situation has understandably tested the goodwill of people in the area, and in addition to the provision in 2012 of the fourth prefab, which was made difficult by persistent rain, fifth and sixth classes have to be taught in the local hall in Bullaun which was built in 1888. This is causing massive disruption to all concerned and impacts on teachers and students alike.

The annual cost of prefab rental is close to €40,000. A fourth prefab was purchased last year for close to €65,000. Given the glaring need for a new school, the community understandably feels this is imprudent and wasteful spending. I agree wholeheartedly. The installation of these prefabs has also placed huge demands on the 1959 percolation system in place at the school. The adjoining land has been badly damaged during the installation of prefab four, which is also an issue. The school's septic tank is absorbing water from the water table and in the past year has been emptied and desludged several times. A recent health and safety audit condemned the system. The school board has applied for emergency works to be carried out on its percolation system and the Department has sanctioned funding. The school community, however, has been unable to proceed with the project because of space restrictions and difficulties with planning permissions. There is literally no space whatsoever to install the system.

In respect of health and safety and the day-to-day well-being of all in the school, this is shameful and must be tackled urgently. I feel very strongly about this because I have brought it up on several occasions in this House and the staff and pupils of Scoil Éanna have entered their ninth year of waiting for a new school, despite all I have said. I commend the generosity of the patron of the school, Bishop John Kirby, who has agreed to make a sizeable site available for construction of a new school in Bullaun, located beside the village car park, which is a very safe location. There have been site engineer evaluations and hydrologist reports for this proposed new site which deem it very suitable. These facts and the escalating difficulties facing Scoil Éanna and the community lead me to ask in the strongest possible terms why work has not commenced on this new school. I urge the Minister of State and the Minister for Education and Skills to swiftly examine the situation as a crisis because children have graduated from Scoil Éanna having spent their entire primary school education in infrastructure that is not fit for purpose.

It is horrendous and something no child should have to put up with in the 21st century, particularly in an education system that is supposed as good as the one we talk about in this country.

I commend the principal, Fergal Connaire, for all his work. I also commend the teachers, other members of staff and pupils at Scoil Naomh Éanna as well as the local community for the spirit, endeavours and generosity it has shown and the huge efforts it has made in raising funds over the years. The fruits of all their fund-raising efforts lie in a bank account awaiting the commencement of work on this new school. It is high time the Department of Education and Skills kicked into gear and moved on this matter once and for all because no child or teacher should be forced to learn or work in a school building that is so thoroughly unsuitable and that goes back decades and generations. Students are being taught and are learning in a hall in Bullaun that dates from 1888. I stand with every single person in Bullaun when it comes to this issue and am calling for it to be addressed as a matter of urgency. I look forward to hearing the Minister of State's response.

Minister of State at the Department of Education and Skills (Deputy Damien English)

I am taking this Commencement matter on behalf of my colleague, Deputy Jan O'Sullivan, Minister for Education and Skills. I wish to thank the Senator for raising the matter as it provides me with the opportunity to clarify the current position relating to the application for a new school building in the case of Scoil Naomh Éanna, Bullaun, Loughrea, County Galway.

The Senator will be aware that the over-riding objective of education capital expenditure is to meet the demographic challenge facing the education system whereby total pupil enrolment in both primary and post-primary schools is expected to grow by around 107,000 additional pupils between 2012 and 2019 - over 70,000 at primary level and over 35,000 at post-primary - and will continue to rise at post-primary level to the year 2026 at least. The five-year construction plan prioritises major school projects in areas where future significant demographic changes have been identified.

In this regard, Loughrea has not been identified as an area of significant demographic growth. Pupil enrolment projections for Loughrea indicate that enrolments will remain relatively stable for the foreseeable future. However, the Department has acknowledged the accommodation issues outlined here today arising in respect of Scoil Naomh Éanna, Bullaun. Having examined the existing school site, it became apparent in late 2013 that the site is too restricted and cannot be expanded to meet the deficit of permanent accommodation and provide an appropriate wastewater treatment system for the school in question. In that regard, it was concluded that a new school site is required.

In that context, the school advised during a meeting with Department officials in December 2013 that the patron is willing to offer a greenfield site for a new school development. The Department requested site maps and confirmation from the patron that the greenfield site would be offered for development. The information requested was received by the Department in early 2014 on foot of which a technical site visit was undertaken.

Following the site visit, the school's board of management was advised in mid-2014 to appoint a suitably qualified consultant engineer to examine and comment on the ground conditions and water treatment system requirements in respect of the proposed greenfield site. The board of management was also advised that it would also be necessary for the consultant to hold a pre-planning meeting with Galway County Council regarding the site's suitability for development. The consultant appointed by the board of management concluded that a further tier two assessment of the site would be required and my Department's technical advisers concurred with this advice. This completed report was submitted to the Department in early 2015. The report has been considered and the Department is satisfied that the proposed site is suitable for the development of a new school building. As a result of this, I am pleased to inform the Senator that this project will be progressed into the architectural planning process without delay so it is beginning to move through those gears.

The building project for Scoil Naomh Éanna is one of a number of schools which it was not possible to include in the five-year construction programme. However, the school project will be progressed to the final planning stages so that it will be well placed for consideration in the context of future construction programmes. Hopefully, the next one will be announced later on this year. I again thank the Senator for giving me the opportunity to clarify the current position in relation to Scoil Naomh Éanna.

Senator Lorraine Higgins

I thank the Minister of State for his response in which he mentioned demographics. This school has gone from having 39 pupils in 2000 to 187 pupils in 2014 which is a sizeable increase. The building in which pupils are being taught and in which teachers are forced to teach is wholly unsuitable. However, I welcome the fact the project will be progressed into the architectural planning process without delay.

It is a good move in the right direction. It is time a review of the five-year construction project is done to allow us to do something constructive for schools, such as Scoil Éanna in Bullaun, Loughrea, which are in a situation that is clearly untenable and unsafe for students and teachers. We must safeguard children's education and if they are going to be taught in places that are wholly unsuitable for their needs, it does not augur well for them on their way to secondary school. I urge the Minister of State, the Minister, Deputy Jan O'Sullivan, and the departmental officials to do everything in their power to expedite the process so that Scoil Éanna can look forward to a new school building in the near future.

Deputy Damien English

The Department recognises that, due to increased numbers at the school in the past seven or eight years, the accommodation is not suitable, and this is why it has been allowed to progress to the architectural planning stage and to continue to the planning stage. The figures to which I referred were for the future. During the tight budget constraints of the past three or four years, any money was being set aside for additional accommodation for increased pupil numbers. The spring budget statements are to be announced today. With the fiscal situation improving, the Department hopes to be in a position to add to it. The Senator referred to a review of the five-year plan. Given that we are in the final year of the existing five-year construction plan, it is intended to announce a new five-year plan this year, if possible. Much work has been carried out over the past six or seven months on researching and improving figures.

An Leas-Chathaoirleach

Senator Terry Brennan is next. Is the Minister of State taking this matter?

Deputy Damien English

I would not chance it with Terry.

Senator Terry Brennan

You would be dead right.

An Leas-Chathaoirleach

The Senator has four minutes to make his case.

Planning Issues

Senator Terry Brennan

The issue is a monstrosity of a boundary wall that is 14 ft. to 16 ft. high and was built without permission in October 2007. Louth County Council stopped it in progress and the developer subsequently applied for retention, which the council refused. The developer appealed the decision to An Bord Pleanála, which upheld the council's decision, stating in its report, "This development is unsustainable, backland development and totally inappropriate in a residential area". The wall was built seven and a half years ago and it remains to this day and greatly devalues the nearby houses. Some three years later, Louth County Council received an application for permission to build a 2 m wall and granted permission. However, this ugly structure has not been reduced in height and, in my opinion, it never will be. Some three years later, the developer has taken no action.

To add insult to injury, the local authority has deemed the structure unsafe and, 18 months ago, put an unsafe notice on it, which the developer and applicant have ignored. I believe no action will be taken by either developer or applicant and it is long overdue that the local authority take immediate action to demolish and remove this monstrosity. The previous CEO agreed to do it, but given that she was moved to higher places, it has not happened. My raising the issue as a Commencement matter is a last resort due to my frustration at how Louth County Council has handled and prolonged the issue over recent years. I suggest, if possible, that the Minister and perhaps an official from the Department come to see for themselves that I am not exaggerating the situation. It cannot be left any longer.

Minister of State at the Department of the Environment, Community and Local Government (Deputy Paudie Coffey)

I thank Senator Brennan for raising this important matter. In view of what he has outlined, I can understand his frustration. In that context, I am happy to try to address this issue for him.

The purpose of the planning system is to ensure development takes place in a planned, controlled and sustainable manner which protects the interests of the common good and the many qualities of our natural and built environment. Active and effective enforcement of the planning legislation by planning authorities is critical for the credibility and integrity of the planning system. I am firmly of the view that appropriate enforcement action should be taken in a timely manner where legal requirements are not upheld. This is necessary to ensure the planning system and, more important, public confidence in it are not undermined in any way.

Under planning legislation, any development which requires planning permission and which does not have such permission is considered unauthorised, as is development which contravenes conditions laid down in a planning permission. Under the Planning Acts, comprehensive powers are available to, and clear and extensive actions are required of, planning authorities regarding enforcement in the context of unauthorised development. In the first instance, planning authorities are required to issue a warning letter in respect of any complaints received regarding unauthorised development or in the context of any other unauthorised development of which they otherwise become aware. They are then required to carry out an investigation into the alleged unauthorised development. Following such an investigation, the relevant authority must decide, as expeditiously as possible, whether to issue an enforcement notice. Where such a notice is issued, the planning authority is required to specify that development cease in circumstances where no planning permission has been granted or, where it has been granted, require that the development proceed in accordance with the permission. Furthermore, planning authorities are empowered to specify in an enforcement notice the steps to be taken within a specified period to conform with a permission. Where the steps specified are not complied with, they are empowered to enter on the land and take such steps, including the removal, demolition or alteration of any structure, as are deemed necessary, as well as to recover any costs incurred.

My Department's development management guidelines, which were issued under section 28 of the Planning and Development Act and to which planning authorities are required to have regard in the discharge of their planning functions, urge planning authorities to ensure that court prosecutions follow in the case of all enforcement notices not complied with. Court conviction can result in both fines and imprisonment. I understand the unauthorised development to which the Senator refers and which involves a 5 m high boundary wall surrounding a particular housing development has been in place for quite a number of years, even though the planning permission granted was for a 2 m high boundary wall. I also understand that, as the Senator outlined, an extension of duration of planning permission was granted in respect of the housing development in question in 2011 and that this was subject to a reduction in the height of the wall to that originally granted. Even though there have been some problems in identifying ownership of the site, effective enforcement action by the planning authority concerned is still essential. I am informed that an enforcement notice has been issued in this case. Given the length of time this unauthorised development has been in place and the adverse effects on the amenity of the adjoining property owners and residents over that period, I expect the planning authority will vigorously follow through on this enforcement notice and take the necessary steps to ensure it is complied with as expeditiously as possible.

Non-compliance with the planning legislation is something that should not be tolerated and non-enforcement in respect of breaches of the planning code sends out the wrong message and encourages further transgressions of the planning laws. I again urge all planning authorities to discharge their functions in this regard and to ensure any breaches of the planning code are swiftly addressed in accordance with their statutory obligations.

An Leas-Chathaoirleach

Winner all right. Is the Senator happy with the Minister of State's reply?

Senator Terry Brennan

I welcome what the Minister of State said and that enforcement action will be taken. I encourage him to ensure such action will be immediate and that, as was the case in the past, letters, notices, etc., will not be ignored. Perhaps a time limit should be put in place because, as I understand it, neither the developer nor the applicant is claiming ownership of the wall or the land adjacent to it.

The applicant says he has a significant interest in the wall. It is not admitting ownership. The only solution is to knock it. We will find out then who built it unauthorised and he can be brought to court to ensure the local authority is reimbursed for the cost of demolition and removal. I thank the Minister of State sincerely.

Deputy Paudie Coffey

The enforcement notice has issued, despite the fact, as the Senator said, that there were long delays. The local authority has the power to enter the lands where enforcement is not being complied with to make sure the wall is taken down and a charge applied to the owners of the property. There is obvious concern and it is important to ensure public confidence in our planning system. I will, therefore, ask my officials to monitor this case to ensure there is appropriate follow through on the enforcement action and to make sure the residents and the amenity of the area are protected, as was intended by the planning permission granted by the same local authority. I will attend to this.

Health Services Staff Recruitment

Senator Gerard P. Craughwell

I welcome the Minister to the House for the debate on this matter. On 25 March, an independent report into the deaths of 12 children in State care or known to child protection services severely criticised the State's social work and mental health services. Four of these cases concerned young women between the ages of 14 and 19 with emotional difficulties who had taken their own lives. Three of them had been on lengthy waiting lists for psychological services. Dr. Helen Buckley, chair of the national review panel said that one of the girls was unable to access mental health services in the days leading up to her death, which is a damning indictment of our health service. In explaining delays in psychology services, Ms Anne O'Connor, HSE director of mental health services stated it was the lack of psychological candidates and not HSE funding that was causing the delays.

I have been reliably informed that, in November 2014, there were 27 vacant HSE psychology posts in disability, mental health and child and adolescent mental health services but, at the same time, more than 80 counselling psychologists were available on the HSE psychology panel. It appears, therefore, it is not the shortage of suitable candidates but a change in the appointment criteria that is causing this serous and, in some cases, life threatening backlog. Up to 2009, counselling psychologists were actively recruited in all areas of mental health and currently they work in all areas of the HSE, some at senior levels. Given the changed recruitment procedures, they would now be unable to apply for posts they hold. The HSE has never given a reason or evidence for the basis of this change. The professional body for accreditation of psychologists, the Psychological Society of Ireland, PSI, stated, "No candidate should be excluded from applying solely on the basis of their named professional qualification in psychology".

Counselling psychology professionals have made countless representations to the Health Service Executive to request a statement on its rationale for such restrictive eligibility criteria, but none has been given. In a statement obtained under the Freedom of Information Act, a 2013 report of the Commission for Public Service Appointments, CPSA, concluded that in the event of the HSE not adopting the position of the Psychological Society of Ireland in respect of the eligibility criteria, it needed to provide a robust case to support its position. To date, I am unaware of any supporting case having been made, and I respectfully request the Minister to take up the issue with the HSE.

I am aware, however, of a long-established relationship between the HSE and the clinical psychologist profession in Ireland, which has evolved from an apprenticeship model in which the HSE sponsored the training of clinical psychologists and their subsequent placement in posts in the HSE. However, I argue that this model, which was designed to meet the service needs of the HSE and has worked very well for clinical psychologists therein, no longer adequately meets the now urgent service needs of the sector. The time has come for a different, more flexible, expanded and, if necessary, more bespoke recruitment process. Each year the country produces clinical and counselling psychologists of the highest calibre, and it is regrettable, even scandalous, that posts remain unfilled as young people die because of the failure to resolve this recruitment issue.

To sum up, I will ask the Minister a number of important questions. Why were the eligibility criteria changed in 2009? Who made the decision to change them? Who sanctioned this change and why has the HSE sought to recruit clinical psychologists from abroad while refusing to employ counselling psychologists who already have passed HSE interviews and remain on the panels? How was this situation allowed to develop when there are serious waiting lists and people are in dire need of professional medical help? Although there are already fully qualified counselling psychologists on the panel, no appointments are being made. I respectfully ask for the Minister to intervene in this serious situation because, to paraphrase an old adage, service directors differ and patients die. There is far more at stake here than posts and disputes over eligibility criteria.

Minister for Health (Deputy Leo Varadkar)

I thank Senator Craughwell for raising this issue today. As the Senator will be aware, psychologists employed by the health service play an integral role in the delivery of a wide range of psychological services. These include working with children and their families who present with developmental, emotional or behavioural difficulties and others who have intellectual and physical disabilities. Services also include working with adolescents with a wide range of difficulties from adjustment problems to serious mental health issues and working with adults who present with mental health problems, including anxiety, depression and mental disorders.

The HSE employs professionally trained psychologists, including counselling psychologists, clinical psychologists and educational psychologists, in a range of roles across the health service. Psychologists working in the health service provide their services in a number of different ways - as part of a multidisciplinary team of health professionals, as part of a network of health professionals or as sole health professionals providing a service to a client. They provide services across a broad range of settings, including community-based health centres, residential centres, nursing homes and hospitals.

Under section 22 of the Health Act 2004, the HSE has the authority to appoint persons to be employees and may determine their duties. This includes appointments to psychology services. The HSE is bound under section 22 of the Act to conduct recruitment in accordance with the provisions of the Public Service Management (Recruitment and Appointments) Act 2004, which is underpinned by codes of practice. The Commission for Public Service Appointments is the independent body established in 2004 to ensure that these codes of practice are adhered to. The HSE's national recruitment service conducts all recruitment activity for the health service, including recruitment to all positions in the psychology service. The HSE is responsible for determining eligibility criteria for recruitment purposes, and this has been fully acknowledged and accepted by the CPSA.

As the Senator will be aware, it has been the HSE's intention to undertake a review of the recruitment and selection criteria for psychology grades in the health service. A working group is being established by the HSE and it is expected that the work will commence within two weeks. The terms of reference are currently being finalised and it is hoped the group will deliver its recommendations within six months. In the interests of service users and their families, I, along with the Minister for State with responsibility for primary and social care, welcome the consideration the HSE is giving to this important issue, and we look forward to receiving the group's review report, once completed.

Senator Gerard P. Craughwell

I accept what the Minister says and I understand his own concerns in this area. However, as Minister for Health, he has responsibility for the HSE. The establishment of a working group to report on this matter now is a bit late in the day.

There are vacant posts in the system and there are people available now to fill those posts. I cannot for the life of me understand why we cannot go ahead and fill them. There are people on the panel and there is absolutely no reason this cannot be done, other than a blockage, for some reason or other, in the system. The Minister could, I am sure, do a little bit more in this regard. Perhaps he would not mind doing so.

Deputy Leo Varadkar

Just because people are on a panel, it does not mean they are available or want to take up a post. Often, people on panels, when offered a job, either are no longer available or they do not want the job or to move to the location of the job. It is not the case that just because people are on the panel they will necessarily be willing to take up a post.

Senator Gerard P. Craughwell

There are many people on the panel.

Deputy Leo Varadkar

When it comes to this decision, the HSE must be satisfied that people are suitably qualified for the position they are being asked to take up. This is not a matter on which I have the authority to issue a ministerial order, or on which I would be comfortable doing so. It is a matter for the working group to determine whether it wishes to change what it deems to be acceptable in terms of qualifications. The group will comprise senior psychology managers in the HSE and human resources professionals. It will also include an independent chairperson external to the HSE and will consult with key stakeholders, including the Psychological Society of Ireland, educational bodies and staff representative bodies.

It is worth pointing out that the Psychological Society of Ireland, PSI, is a non-statutory organisation. There is no statutory requirement for psychologists to be registered with the PSI in order to practice in this country. Membership of that organisation is entirely at the discretion of individual psychologists, which is very different from the Medical Council or other similar bodies.

Seanad Éireann díospóireacht - Tuesday, 28 Apr 2015