I welcome the Minister of State at the Department of the Environment, Community and Local Government, Deputy Paudie Coffey.
Commencement Matters
Derelict Sites
I also welcome the Minister of State and commend him for his work, particularly in recent weeks, in the brief relating to housing and the new legislation on urban regeneration. He came in with a swagger of a Munster champion and I hope we can sort that out in the next couple of weeks.
I wish.
This is a very serious issue. I attended a forum on rural development with the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, last week and this was one of the biggest issues that arose. It concerns the blight of derelict sites on rural towns. Right across the country, we can see that businesses have closed and people have left houses for one reason or another. In many cases, these buildings have been left to go to rack and ruin. There is legislation in place, as the Derelict Sites Act has been there for a long number of years. The theory is that owners are contacted if property is not in good stead and may be required to pay a 3% levy of the value of the property on an annual basis. As I understand it, that money is supposed to go towards putting the property into a safe and aesthetically favourable state.
This is one of the biggest bugbears for community groups involved with the Tidy Towns competition and which show pride in their own areas. These derelict sites continue to be relevant as places will lose points in the SuperValu Tidy Towns competition on an annual basis. These problems are highlighted almost on an annual basis in some towns but nothing seems to be done. In my own town, I am sad to say, there are a number of such sites, and some locations are very badly affecting the town aesthetic. The local community development group in Carrick-on-Suir has taken it upon itself to put a face on some sites by painting them to take the bad look away. The Minister of State is probably familiar with this as he is only down the road. The work has been fantastic.
There is legislation but it does not appear to be used by local authorities. When we ask about these sites, we get a story about the issue being with the legal department but, frankly, that is not good enough. We need to start representing rural towns for business and tourists, particularly in areas where we are not strong from a tourism perspective. We must make it attractive for people to come here. In areas with a strong tourism industry such as Killarney there are very few derelict sites. Those local authorities seem to know the value of tourism and are active in ensuring that these problems are dealt with.
It was brought to my attention that among the biggest offenders in this respect were local authorities, which may own many properties because they have bought them over the years. They are allowed to do this under the legislation. Who polices the local authority? The private citizen would pay the 3% levy to the local authority, which is meant to use it wisely to deal with this issue. If the local authority owns the property, who is looking after the authority? Will the Minister of State consider this as the urban regeneration legislation, taking in vacant sites, goes through the Houses of the Oireachtas? It has started in the Dáil already and the Minister of State might accept an amendment in this House on the matter. It is a very serious issue and there is no ombudsman to which the local authority must answer. I look forward to the Minister of State's reply.
I thank the Senator for raising this matter, in which I have a deep interest. The Senator is quite correct to bring a focus on derelict sites to the Seanad, as they are a blight on our towns and villages. Local authorities have a statutory responsibility to deal with them. From my own knowledge, having been a member of a local authority for several years, there is nothing worse or more frustrating for community groups, such as the Carrick-on-Suir community group the Senator mentioned, which are working hard to improve their towns and the appearance of their community, than to have a derelict site right in the middle of their town or village. It is unacceptable and local authorities have a statutory role to deal with such sites.
Section 9 of the Derelict Sites Act 1990 provides that it shall be the duty of every owner and occupier of land, including a statutory body and a State authority, to take all reasonable steps to ensure that the land in question does not become, or does not continue to be, a derelict site. In this connection, the term "statutory body" includes local authorities, harbour authorities, vocational education committees, as well as State boards and bodies established under any statute. Section 10 of the Act further places a specific obligation on local authorities to take all reasonable steps to ensure any land within their functional area does not become, or continue to be, a derelict site.
For the purposes of the Act, a derelict site is defined as: any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.
Local authorities have substantial powers under the Act, including powers to establish a register of derelict sites in their functional areas; requiring owners or occupiers of sites to take specific measures which the authority considers necessary to address the dereliction within specified time-frames; to acquire a site by agreement or compulsorily in certain circumstances; and to impose an annual derelict sites levy at a rate of 3% of the market value of a site on registered sites in urban areas or other areas prescribed by the Minister for the Environment, Community and Local Government to be an urban area for the purposes of the Act.
As required under section 8(6) of the Derelict Sites Act 1990, my Department requests each local authority to submit, on an annual basis, its derelict sites register in respect of the previous calendar year. The most recent information held by my Department in this regard covers the year 2013.
Under section 8(5) of the Derelict Sites Act, a copy of the derelict sites register for any local authority can be inspected at the offices of that authority during office hours. I encourage members of the public to look for this register and create awareness in communities, which would put the pressure on local authorities to ensure they are pursuing these derelict sites.
For the information of the Senator, my Department has compiled a report which I will provide to him, summarising the information returned from local authorities in respect of 2013. This report addresses, on a county by county basis, the number of derelict sites on the records of each local authority; and the amount of levy collected on an individual local authority basis. By way of summary, the report indicates that nationally there were 1,755 derelict sites on the local authority registers on 1 January 2013; 143 new sites were added to the local authority registers during that year; and 187 sites were removed from the local authority registers during 2013, which left a total number of 1,711 sites nationally on the local authority derelict sites register.
Information is not held in my Department on the number of sites on the respective local authority registers, which are in the ownership of local authorities, or how these sites are treated under the Derelict Sites Act. The administration and implementation of the Act at a local level is a matter for the respective local authorities and I have no function in this regard.
The Senator has made a very pertinent point regarding local authority-owned lands and I share some of his concerns. Elected members have a mandate to represent communities and I urge local councillors to ensure that those lands owned by their authorities are put to beneficial use if at all possible. This is something I feel strongly about in terms of urban regeneration. The Senator has mentioned that the Bill will be coming before the Seanad shortly, at which time there will be further opportunity to debate these issues.
I thank the Minister of State for his very strong and forthright response. He served as a member of the local authority in Waterford for many years and I served with him on a regional authority. We are very familiar with this type of situation. The Minister of State is not just knowledgeable in theory but also in practice.
I am dismayed to find out that in 2013, only 44 derelict sites were dealt with - in other words, removed - in the entire country. I was surprised to discover that some local authorities had zero derelict sites on their books, while others had up to 250 or more, of which they are removing something in the order of four or five per year. That is not good enough and I ask the Minister of State that this week, he would, through his office, make as much known to the responsible officials in the local authorities.
Volunteers in every community up and down the country, particularly at this time of year, spend hours and weeks of their own time getting ready for the Tidy Towns competition. The same thing knocks them every year and we can do something about it. I will deal with the Minister of State when the legislation is introduced in the House. We will see if we can put something stronger in it then.
It is quite evident from the register that some local authorities are far more proactive in pursuing derelict sites than others. I share the Senator's concerns in this regard and will undertake to write to local authorities to bring a new focus on pursuing derelict sites within their areas.
Local authorities need to be ambitious for their areas. Voluntary community groups are already ambitious, but they need the support of the local authorities, which have the statutory power to deliver what needs to be done to deal with derelict sites. I urge local authorities and elected members to ensure that it happens.
With the economic recovery now taking place, proper planning and sustainable development require us to ensure we have regeneration in town centres and villages, rather than looking again for the easy option of urban sprawl and the greenfield site. These are serviced sites with public services already paid for by the taxpayer. Somebody has to grasp the nettle to regenerate them.
In terms of the social housing strategy, I urge local authorities to come forward with proposals for social housing solutions that will integrate into the villages and towns we are speaking about and can utilise derelict and vacant sites. We can do a lot if we are proactive in that regard.
Hospital Accommodation Provision
I welcome the Minister of State at the Department of Finance, Deputy Simon Harris.
I, too, welcome the Minister of State. I am slightly bemused that he is answering on this matter which concerns Beaumont Hospital. I have a lot of regard for the Minister of State as we have debated a number of things and taken Bills together. Nonetheless I am extremely disappointed that neither the Minister for Health, Deputy Leo Varadkar, nor the Minister of State, Deputy Kathleen Lynch, is here to discuss one of the busiest hospitals in the country, which is effectively at crisis point. I feel like withdrawing the matter, but in deference to the Minister of State who has given of his time, I will not do so, although I will write to the Minister for Health.
Beaumont Hospital has effectively decided to shut down 33 acute surgical beds and reallocate them for elderly care. These surgical beds are for patients undergoing colorectal, heart, orthopaedic and gynaecological surgery, many of whom are acute and cancer patients. The decision was taken by management without any consultation with staff at the hospital.
It is absolutely nuts. I have read Beaumont Hospital's statement which states its key priority is to utilise the capacity and resources available to all patients, both medical and surgical. No one will disagree with this. However, what we are doing here is robbing Peter to pay Paul.
Of course, elderly care is very important, but it is not being funded properly. This flows from the disaster a number of months ago with the fair deal scheme, elderly care and a lack of places. The Minister decided to do something about it instead of being merely a commentator, which he is on most health issues. What is happening now, however, is that the hospitals are being told to come up with the extra beds. Taking them away from acute surgical care is insane. The Government will come back and say this is not a big deal and that the number of beds has not been reduced. I am not a fool and I know the same number of beds are there, but some have been taken away from acute medical care. The fact that surgical beds are gone will result in the immediate loss of ten high observation beds that the Hardwicke ward provides as well as five single rooms that are used to nurse surgical patients who may require isolation for specific surgical reasons. That is what is being lost here and it is genuinely shocking. As a Dubliner and Dublin's spokesperson for my party, it is my local hospital. The staff cannot understand this. At least 30 consultants signed a letter which was sent to management and the Minister to say that this was a really bad idea. The nursing staff only found out informally the night before that this would happen. There was no consultation with them. The INMO sat down with representatives of nursing staff and senior management and was told it would be given a detailed report setting out the rationale for these changes. That was on 5 June. This is 18 June but nothing has been received.
The Minister of State is always very welcome to the House. I have outlined the case so far and am interested to get the answer. I am incredibly disappointed that the Minister for Health and the Minister of State, Deputy Kathleen Lynch, do not see this issue as important enough to actually come to the House and answer questions on. I will reconfigure this Commencement matter and table it again next week, or until such time as the Minister who is responsible for this comes to the House to reply. Nevertheless, I am interested to hear what the Minister of State will say on behalf of the Department of Health as an office holder in the Department of Finance.
I thank the Senator for welcoming me to the Seanad. I take the point he makes. I am taking the matter on behalf of my colleague, the Minister for Health, Deputy Leo Varadkar, who regrets he cannot be here today as he is on Government business. He has, therefore, asked me to deliver his response to the Senator's Commencement matter. He thanks the Senator for raising the issue.
I am sure he does.
The Minister has asked me to reassure the House that there has been no reduction in the number of patient beds in Beaumont Hospital, a point the Senator made himself. While 140 beds spread across four surgical wards had historically been intended for surgical patients, in reality a significant number of these beds have been consistently occupied by medical patients, many of whom are frail and elderly. In line with national programmes for treating frail and elderly patients and for surgical procedures, a decision has been made to reorganise a number of wards at Beaumont Hospital to provide a more comfortable experience for all patients. One of these four wards has now been allocated for frail and elderly patients who require medical attention only while the remaining three have been ring-fenced for surgical patients. This reorganisation will provide a more comfortable setting for elderly patients while also providing greater certainty on bed availability for surgical procedures. It will also contribute to an improvement in waiting lists.
Delayed discharges at Beaumont Hospital are, of course, a factor in the availability of bed capacity and have no doubt led to a strain on resources. However, on foot of the ED task force which the Minister convened in December last year, additional funding of €74 million was provided in 2015 to help ease these types of pressures in acute hospitals. The funding will increase the number of long-term nursing home care places and reduce waiting times for the funding of such places. It will also increase the number of transitional care beds and home care packages to provide viable supports for those no longer needing acute hospital care. Significant progress has been made to date on the overall plan and I am pleased to inform the House that delayed discharges are reducing steadily, with a 23% reduction since November 2014.
In addition to measures already taken, the HSE has also been working with social care and has developed a frail-elderly project team. The team is led by a community geriatrician with a focus on the provision of care in day hospitals and nursing homes rather than in hospital emergency departments. As the Senator said, Beaumont Hospital has one of the busiest emergency departments in Ireland, providing services for over 50,000 patients every year. Since January there has been an increase in the number of older patients requiring emergency admission. In addition to working closely with the community, the hospital has undertaken a number of initiatives internally within various teams and departments and externally with the HSE to improve the patient pathway both through the emergency department and the hospital. Beaumont Hospital's key priority is to utilise the capacity and resources available to provide the best possible treatment for all patients, both medical and surgical.
I will ensure the transcript of this debate and the comments of the Senator are brought to the attention of the Minister.
I thank the Minister of State for outlining the reply. It is most interesting that what the Minister, Deputy Leo Varadkar, gave the Minister of State to read to the House is an identical copy of the statement issued by Beaumont Hospital yesterday. Is the Minister for Health simply a nodding dog? He has not even bothered to produce any new information. It is an identical copy of what Beaumont Hospital issued yesterday. I would expect more from the Minister.
I thank the Minister of State for attending. He is doing his job. However, the response from the Government is wholly inadequate and does nothing to allay my fears or, more importantly, the fears of the nursing staff, consultants and doctors within Beaumont Hospital who have a duty of care to patients. The problem here is that 33 acute surgical beds are being removed in the hospital with Ireland's second longest inpatient waiting lists. Whatever way one looks at it, that is a reduction. It is most unfortunate. I will be raising the matter again. While I thank the Minister of State for coming to the House to give that answer, it is, unfortunately, word for word the answer Beaumont Hospital issued yesterday.
Jury Service
I have been asked to raise this matter by a prosecuting counsel who works for the State in criminal cases. It relates to jury service and the difficulties in some areas where the required number of jurors is not available. What has caused concern are two recent cases which took a great deal of time to run; the Ian Bailey and Graham Dwyer cases. In one case, the jurors sat for more than 60 full days.
Someone from as far away as Castletownbere could be summoned to serve on a jury in Cork city, but while the Courts Service ensures those who serve on juries receive meals while they are hearing a case, there is no provision for simple things like travel expenses, car parking or overnight accommodation. We need to look at that. Another area in which there is no provision relates to the self-employed. While employers are obliged to pay an employee who is called to serve on a jury, there is no provision for the self-employed. How can they run their businesses if they are required to spend two weeks in court in the absence of any provision? It is something we need to look at when cases are getting more complicated. As we saw recently, they run for longer now. We must provide for some out-of-pocket expenses for those who make themselves available to serve on juries when called. It is a matter than needs to be reviewed.
On behalf of the Minister for Justice and Equality, Deputy Frances Fitzgerald, I thank the Senator for raising this matter. The Minister regrets she is unable to be present for this discussion.
Jurors are an essential part of the administration of justice in the country. As provided for in the Constitution, a key principle of a fair judicial system is the right to trial by jury.
The Juries Act 1976, as amended, sets out the current law on jury selection and jury service, including issues such as eligibility and the selection and service of jurors.
As the Senator is aware and has outlined, there is no provision in the Juries Act 1976 for the payment of expenses to jurors or their employers from State funds. When policy underlying the Act was being formulated consideration was given to the matter of expenses, but it was decided at that time that expenses should not be paid as performance of jury service was considered to be a basic civic duty which arose relatively infrequently as far as the individual is concerned. That policy has been retained by successive Governments. Section 29 of the 1976 Act, however, makes provision for employees to be paid by their employers, as the Senator pointed out, while on jury service. Under section 9 of the 1976 Act, a county registrar may excuse any person whom he or she has summoned as a juror from attendance during the whole, or any part, of the sittings in question if that person shows to the county registrar's satisfaction that there is good reason he or she should be so excused - for example, if a person is self-employed and works alone and where his or her attendance at jury service may mean he or she cannot earn a living, he or she may qualify for excusal from jury service. This is entirely a matter for the county registrar concerned and the Minister for Justice and Equality has no function in this regard.
Under current legislative provisions, jurors are not reimbursed for their time or travel expenses and employers are obliged to continue to pay employees while they serve on a jury. The Courts Service, however, provide meals and other refreshments to jurors when serving on a jury.
The Law Reform Commission report on jury service which was published in April 2013 contains 56 recommendations covering a broad range of issues relating to jury service. On the issue we are debating today, chapter 9 of the report covers recommendations on jury compensation and expenses, including an introduction of a modest flat-rate daily payment to cover the cost of transport and other incidentals involved in jury service, and these issues are being fully considered by the Department. Some of the recommendations in the Law Reform Commission's report have cost implications and these recommendations require careful evaluation in the current economic climate. They are being considered in the context of a juries Bill which is included in the Government's legislation programme and will be brought forward in due course.
The Government has already taken steps in regard to the recommendation concerning additional jurors for lengthy criminal trials. Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 provides for the appointment of up to three additional jurors to deal with lengthy criminal trials. The issue of jury selection is a matter for the Courts Service. The Courts Service has informed the Minister that it is engaged in a process of making the administration of jury service summonses and notices more streamlined and centralised.
The Department and the Government are currently giving consideration to the Law Reform Commission report on jury service. Chapter 9 relates to the issues which have been raised by the Senator. They will be considered by the Government and considered one way or the other in the context of a juries Bill.
I thank the Minister of State. He might clarify whether there is any timeframe for the juries Bill. Will we see it before the end of the Government's term or will it be published in the next Government's term?
I will have to ask the Minister for Justice and Equality to revert to the Senator, but I am happy to do so. The Bill is listed in the Government's current legislative programme and will be brought forward in due course. I reassure the Senator and the Seanad that the issues he has raised are being fully considered in the context of the development of the Bill.
Oibreacha Feabhsúcháin do Scoileanna
Cuirim céad fáilte roimh an Aire. Tá mé thar a bheith sásta gurb í féin atá anseo, mar Aire sinsearach sa Roinn Oideachais agus Scileanna, leis an gceist seo a ghlacadh. Tá scoil an-speisialta againn ar an gCeathrú Rua, Tigh Nan Dooley, atá ag déanamh obair den scoth agus táim ag ardú ceiste ar a son ar maidin.
I am very happy that the Minister has been able to take the time to come to the House to take this Commencement matter. Tigh Nan Dooley is a special school located in Carraroe, County Galway. It provides an education to pupils with special educational needs, including moderate, severe and profound general learning difficulties and autistic spectrum disorder. It is under the patronage of Ability West. The school received permanent recognition from the Department of Education and Skills in 2010, operates through the medium of Irish and is the only school of its type in the country. It covers the area from Barna to Inisboffin in County Galway. We are very proud of the school and it is a very important resource in the area.
I note the whole school evaluation that was done in the school recently gave it a glowing report. It said the main strengths of the work of the school are that the school staff works in a very effective and unified manner to meet the needs of each pupil, it has a highly effective principal who works diligently to provide a holistic and relevant education for the pupils, exemplary links have been established with local national schools to promote the ongoing and progressive inclusion of pupils, where relevant, the quality of pupil management is excellent, the quality of teaching and learning in all subject areas is of a very high standard, the curriculum is differentiated effectively to address pupils' learning needs and it has a very open ethos and friendly atmosphere.
The daily whole school assemblies greatly enhance staff collegiality and the very strong relationships between teachers and pupils promote a sense of community. The report makes one recommendation on the ongoing investment in curriculum-related materials and resources being used to maximise the engagement of individual pupils. A refurbishment was done a number of years ago which was not fully completed. I understand there are currently no family or assessment rooms in the building. There is space for two classrooms in the upstairs of the building. The area has been plumbed, windows are in place and electrical work has been completed, and it has been passed for special needs assessment needs. There is an issue with a lift in terms of making the space accessible to the pupils.
It is very difficult for the staff, who are exemplary, to be able to deliver the necessary curriculum properly until the space is accessible and made available to them. When will the Department see fit to upgrade the available space and ensure the staff can give these very special children all of the attention they need and as good a chance as possible to further their education in this very special setting?
I wish to clarify the current position on the school in Carraroe, County Galway. The Senator will be aware of the demographic challenge facing the education system in the coming years. Primary enrolments, which have already risen substantially in recent years, are projected to rise by over 36,000 pupils by 2016 and are set to continue to rise, with a likely peak at around 574,000 pupils to be catered for in 2018. This compares with 526,422 pupils enrolled in primary schools for the 2012-13 school year. It is vital that there is sufficient school accommodation to cope with these pupil enrolments.
In order to meet the needs of the growing population of school going children, my Department's priority is to establish new schools as well as extending or replacing a number of existing schools in areas where demographic growth has been identified. The delivery of these new schools, together with extension projects to meet future demand, will continue to be the main focus for investment by my Department in the coming years. However, regarding the school at Tigh Nan Dooley in Carraroe, County Galway, what will be of more interest to the Senator is that this school was transferred to my Department from the Health Service Executive in 2007. It has eight pupils enrolled in the 2014-15 academic year and has a staffing of a principal and one special class teacher. I understand that the school is accommodated in a purpose built development centre owned by the school's patron, Ability West. The school applied for permanent recognition, which was granted by my Department in 2010. I can confirm that the school submitted an application for funding in 2012. The project was not progressed at that time due to the need to prioritise essential mainstream accommodation to meet demographic needs and the school was advised of the outcome. However, my Department would be prepared to consider an application for funding to meet an immediate accommodation requirement, including works to address accessibility issues in respect of the school in question. Officials from my Department will be in contact with the school authorities to discuss the accommodation issues at the school in the coming days.
I again thank the Senator for giving me the opportunity to outline the position on Tigh Nan Dooley, Carraroe, County Galway.
It is very good news that the Minister is willing to accept the application and I thank her very much. On the timelines and possible capital funding being available for the upgrade, would this come from the existing capital funding allocation or would there be quite a long time between the application being made and being realised, when the full facilities would be made available to the students in the school?
The coming days are relatively soon and if there is any delay I am sure the Senator or the school will contact me and let me know.
With regard to funding, I imagine it will not have to wait for the next five year capital funding programme, which will be from the beginning of 2016. Issues such as this, with regard to needed accommodation, can be considered in the meantime; therefore, it would not necessarily have to wait for the new capital funding.
That is great news. I thank the Minister.
Sitting suspended at 11.10 a.m. and resumed at 11.30 a.m.