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Seanad Éireann díospóireacht -
Wednesday, 14 Oct 2015

Vol. 242 No. 10

Commencement Matters

Construction Contracts

I welcome the Minister of State, Deputy Gerald Nash.

Tá fáilte roimh an Aire Stáit. As he is busy as a result of the budget which was announced yesterday, I thank him for attending the House to debate this important issue which has been raised by Business Retail Union Ireland, BRUI, a group formed by the retail trade and subcontractors in the construction industry to defend their causes.

The Construction Contracts Act was first introduced in this House by my colleague, Senator Feargal Quinn, and signed into law by the President in 2013. It is important legislation, providing as it does for enforceable staged payments to subcontractors, removing the possibility of payments being withheld for extended periods of time and establishing an adjudication system to deal with disputes. It is a robust Act but, to date, it has not been commenced.

Dr. Nael Bunni has been appointed as chairperson of the construction contracts adjudication panel and the closing date for applications to the ministerial panel of adjudicators has recently passed. When will the panel be in place and when will the Act be commenced? Why, after two years, has the code of practice for the conduct of adjudication not yet been finalised and published? May we have a definitive date for its publication, please? As it is five years since the Bill was introduced and two years since it became law, a larger question is why the Government has delayed for so long in removing the administrative impediments to the Act's commencement. Surely, this process could have been initiated immediately after the Act was signed. That it took two full years to appoint a chairman and a panel and to draft a code of practice is nothing short of scandalous. It is particularly scandalous in circumstances where thousands of subcontractors have gone out of business in the wake of the worst downturn in the construction sector that the country has ever seen. Almost one year ago, the director general of the Construction Industry Federation, CIF, Mr. Tom Parlon, stated builders were facing collapse over pay delays and that thousands of those in other trades had suffered hardship.

In view of the gross injustice done to subcontractors by contractors who could not or more likely would not pay them, the delay in commencing the Act has been an example of careless government and lackadaisical public administration at its worst. Let us not forget that most subcontractors are themselves employers offering well paid professional careers to skilled crafts people. These are the kinds of careers that even the most imaginative of activation measures could not create. However, such small businesses have been jeopardised, not just by market forces and payment disputes but by the inaction of the very Department charged with responsibility for job creation and innovation. It beggars belief.

Yesterday in the budget the Government announced a number of positive initiatives for the construction sector, including the extension of the home renovation grants scheme, the increased provision for social housing and measures to assist the self-employed, but what small to medium-sized contractor will take the risk of accepting a job and hiring people to undertake it without the legislative safeguards the Act provides? This is a case of, while administration differs, small businesses die.

A small number of subcontractors are outside the gates of Leinster House this morning. Many of them employ six or seven people. They are the lifeblood of employment, yet we have let them down badly. The developers have hopped off to the south of Spain or other parts of the world. One subcontractor whom I met outside this morning had been told that the payments for which he had been awaiting since last April could not be made because of a difficulty with NAMA. That is unacceptable behaviour. From meeting the Minister of State in the House several times, I know that he has a genuine interest in seeing to it that jobs created and secured.

It is totally and utterly beyond belief that we have still not taken the steps we need to take to protect these small subcontractors, many of whom have five, six, ten, 20 or 30 people working with them. Contractors I met outside this morning and contractors with whom I have been in contact in the past few days tell me they will not employ anybody and would be very slow to seek work from some of the developers who are now re-emerging, having spent their time in the limbo of NAMA. I thank the Minister of State.

The contractors about whom the Senator speaks will be in a position to benefit from the legislation very soon. I am glad to have the opportunity to speak in the House on the subject of the implementation of the Construction Contracts Act 2013. I assure the Senator that I am taking all steps necessary to bring about implementation of the Act as soon as possible, following the Government decision late last year to assign responsibility for the Act to me as Minister of State with responsibility for business and employment. This innovative legislation which was introduced in the House by our colleague, Senator Feargal Quinn, aims to ensure prompt payment practices throughout the construction industry, but the commencement of the Act depends on a number of factors set out therein, including the appointment of a chairperson and panel of adjudicators.

I am pleased to inform the Senator that significant progress has been made to date. I appointed Dr. Nael Bunni as chairperson of the construction contracts adjudication panel a short number of months after I received formal responsibility for the Act. I considered that the person appointed to the role of chairperson should be exceptionally well qualified and I was delighted when Dr. Bunni accepted the position. He is widely respected and has extensive experience of dispute resolution in the construction industry, both in Ireland and internationally. At my request, the Public Appointments Service is conducting an open competitive process for the selection of the members of the panel of adjudicators as the Senator will agree should be the case. The closing date for receipt of applications was 18 September. I will appoint suitably qualified candidates to the panel as soon as is practicable following the completion of the assessment process by the Public Appointments Service.

I am also reviewing a draft code of practice for the conduct of adjudications, which is required under the legislation. It will be finalised after consultations with the relevant stakeholders, in regard to which we are making good progress. Once the preparatory arrangements have been completed, a date for implementation of the Act will be announced in advance in order to provide sufficient notice for those affected by its provisions. While I am not in a position to give a commencement date in advance of the completion of the steps to which I have referred, I am committed to implementing this ground-breaking legislation for the benefit of all stakeholders in the construction industry at the earliest opportunity. There is a secretariat and officials in place in my Department who are responsible for the construction contracts authority. We set up the system a few months ago and the officials are working very hard to get this moving in the right direction. I am confident that the operation will be up and running very shortly.

The Minister of State said the closing date in respect of the Public Appointments Service was 18 September. We are almost one month beyond that date. Have interviews taken place or are they about to take place? Iis that now the only impediment to the commencement of the legislation? I mean no disrespect to the Minister of State, but he said he took over the matter late last year. As such, it has been almost one year since he took over the matter. I appreciate that there are administrative issues, but is there any moratorium in the public service to prevent appointments to the panel being made?

Have the interviews taken place or will they soon take place? Will the Minister of State commence the Act as soon as the panel is in place?

This is about getting it right. Persons who may be considered for appointment to the panel of adjudicators must be registered professionals as defined in section 2 of the Building Control Act. They may be a chartered member of the Institute of Engineers, a barrister or solicitor, a fellow of the Chartered Institute of Arbitrators or a person with a qualification equivalent to any of those categories duly obtained in any other member state of the European Union. There has been significant interest in this issue.

The Public Appointments Service is an independent body set up to deal with issues such as this and I have asked it to run the process in an open and transparent fashion. We have not yet decided the exact number of people who will be on the panel. It will be based on the outcome of the PAS competition and with the input of the chairman of the construction contracts authority. Given the very technical nature of the work it will be doing, the authority will have a very key role in the selection of people with relevant qualifications, experience and expertise. People with practical experience in the industry will be needed because the work is very technical.

When the legislation is fully commenced and the body is up and running, it will be a huge boon to the people about whom the Senator and I are concerned. They have been operating in very difficult circumstances. We took Senator Feargal Quinn's Bill and I think we have improved it. I only took responsibility for this issue a short time ago having actively sought that responsibility because of my interest in it. It is properly accommodated in my Department, given its experience and that of its agencies in running bodies such as this in the public interest. I expect to see it up and running very shortly, albeit I cannot give an exact commencement date because this is about getting it right rather than the timing. I appreciate, however, that each day that goes by is of concern to subcontractors, in particular, as to when it will be initiated, but it will be up and running very soon. We provided resources in last year's Estimates for a budget for the construction contracts service and have done so this year also. People will be very happy with the system when it is up and running, notwithstanding the fact that I accept they are concerned about delays to date. I took responsibility for this issue towards the end of last year and appointed Dr. Bunni in July. He is working very closely with the Public Appointments Service and my Department to get this up and running very shortly. We will be finalising the code very shortly also.

We will make the Minister of State drop us a line to let us know.

Cancer Screening Programmes

My matter concerns the need for the Minister for Health to confirm that patients with breast pain referred by general practitioners in the north west to the national cancer control programme's symptomatic breast clinic in Galway are being returned to general practitioners without assessment and with instructions for the patient to self-monitor with the aid of a booklet and to engage in form filling for three months. I ask the Minister to account for the effects of this three-month delay on the 7% of women whose symptoms are the result of life-limiting conditions such as breast cancer.

The Minister will be aware of a letter I sent him, to which I have received no response as yet and which I also sent to the head of the national cancer control programme, Dr. Susan O'Reilly. It relates to the case of a lady in her 40s who presented to her GP with breast pain, mastalgia. The GP referred her to the symptomatic breast clinic in Galway. Some time later she received a letter from her GP stating a response from the breast clinic on her referral had been received, asking her to come to discuss it at her earliest convenience. Naturally, she was very concerned and went to her GP. I have a copy of the unsigned letter from the clinic which I have also sent to the Minister. Whether it is unsigned to preserve plausible deniability, I do not know. The letter is headed "Symptomatic Breast Service, University Hospital, Galway" and states the numbers of patients attending symptomatic breast clinics nationally has gone up from 22,000 to 39,000 and that the numbers being seen are causing difficulties in terms of volumes attending. It goes on to state it is considered that certain people might be better dealt with initially in primacy care settings.

One wonders about primary care services. The lady in question went to her GP who referred her to the clinic which sent her back because it seems volumes are causing difficulties. She was then presented with a booklet on breast pain, the cover of which I have with me. The back page includes a table that one can fill in. The patient is supposed to diligently fill in when she has pain. There is one small box for each day for three months. I do not know how accurate it can be. As the lady in question said to me, if she had eight instances of pain throughout the day or sporadic pain, how would she record it? On the surface, it seems to be a very poor way to reduce numbers attending a clinic. I need not remind the Minister of the mistakes of the past.

While we celebrate the statistical improvements and benefits of the national cancer control programme and other clinical programmes such as cardiac care, the north west has been left completely on its own. While the population of the region is a little smaller than that of the rest of the country and statistically the country looks good because 80% of the people live elsewhere, the reality is that the closest breast clinic for the region is in Galway because the one that was located in Sligo was moved. Now it seems that ladies, when they are referred, are being sent back and I do not know whether that is due to an administrative exercise or whether it is a trained oncology nurse or an oncology specialist who decides they are fine and that he or she will not bother seeing the patients with mastalgia, given what the GP has told him or her in referring patients. I know statistically that 93% of women who present with mastalgia are fine, but 7% are not and, sadly, they will go on to have a much more serious illness.

Does the three-month delay impinge in any way on the outcomes for the patients concerned? Does it impinge on the success of treatment available to them? Does the delay threaten their lives? Luckily for the lady to whom I refer who is a health professional and a very formidable woman, she had the financial means to book a private mammography within one week. However, she was still unhappy and contacted the breast clinic to complain. After she was passed from Billy to Jack, she was told she should never have seen the letter to the GP, that it was not intended for her. She kicked up a fuss and was given an appointment in the end. How many people are less formidable? How many people at their most vulnerable, suffering breast pain and who are worried about what it could be - one hopes they are included in the 93% rather than the 7% - are diligently filling in forms at home because we cannot cope with the numbers? Is it affecting their health? That is a legitimate question. What is of concern is that there was an unsigned letter to a GP, no response from the Minister's office and no response from Dr. Susan O'Reilly. This issue is of concern to me.

Perhaps the Minister might also comment on the following. His colleague, Deputy John Perry, has announced in the media in the north west today the return of post-surgery mammography services at Sligo General Hospital. Will the Minister confirm, deny or explain it?

I thank the Senator for raising this issue and giving me the opportunity to update the House on the matter. The symptomatic breast clinic at University Hospital Galway is part of a range of services in place for women with breast symptoms. Referrals are dealt with in accordance with the guidelines developed by the national cancer control programme.

Most women experience breast pain at some stage. While this can cause worry, in the absence of other symptoms, breast pain is rarely indicative of breast cancer. The national cancer control programme, in collaboration with the Irish College of General Practitioners, developed a booklet to support women with breast pain. The booklet explains the types of breast pain, their possible causes and how pain might be easily remedied. It contains a three month diary to help determine whether the pain is cyclical or non-cyclical as this information can help with prevention and care. This approach is evidence-based and good standard practice. The booklet highlights the importance of making a specialist referral if other symptoms are present in addition to breast pain.

GPs have also been provided with a guideline for managing breast pain in primary care. The guideline contains the same advice as that in the patient booklet. Where the patient's clinical examination is normal, she is asked to follow the advice in the booklet for three months. If after that time the pain has not resolved, a referral is warranted. All referrals to the symptomatic breast clinics in Dublin, Cork, Waterford, Limerick, Galway and Letterkenny are triaged on receipt and appointments are then offered.

Breast cancer survival in Ireland has improved significantly in recent years owing to a combined approach of screening, symptomatic detection and improved treatment. Breast cancer five-year survival is now estimated at 81% for women diagnosed between 2006 and 2011, which represents an increase from 72% for women diagnosed between 1994 and 1999.

Last November I announced the extension of BreastCheck to the 65 to 69 year age group, which is in keeping with EU guidelines. I am pleased to confirm that the first invitations have issued and the screening of 500 women in this age cohort will take place this year.

Earlier this year I launched the national clinical guidelines on the diagnosis, staging and treatment of patients with breast cancer. Clinical effectiveness is fundamental to the health service. Implementing good quality clinical guidelines and audit will improve health outcomes for patients, reduce variations in practice and improve the quality of clinical decisions. I assure the Senator that all women with breast symptoms are welcome at specialist breast services, including women with persistent and troublesome breast pain as outlined in the guidelines.

With respect, the Minister has not answered my questions. What about the 7% of women who will have a problem? What about the three-month delay in their being seen? What is the position in this regard? The Minister also did not answer my question on Deputy John Perry's announcement that the people of the north west would have post-surgery mammography services.

I am the Minister for Health, but I cannot answer clinical questions. If the Senator has clinical questions on the guidelines on appropriate-----

Surely the Minister can answer as a physician.

No. I am a physician, but I am no longer a registered doctor. Therefore, I am not up to date with everything and will not proffer medical advice. Clinical guidelines and referral protocols are drawn up by the national cancer control programme. If the Senator wants to-----

I have no training at all, yet I can see that 7% of people are at risk.

The Minister is not here as a medical doctor.

If the Senator wishes to question the people involved in the programme, he can do so. I know that across the health service we have large numbers of inappropriate referrals to specialist clinics which can give rise to excessive volumes. It means that patients who need to be seen quickly are not. Therefore, inappropriate referrals are a risk and we should not be trying to get everyone into a specialist clinic when it is inappropriate for them to be there. The Senator will have read in some media coverage and academic reports that there is a difficulty with young women with breast pain and no other symptoms being referred inappropriately to specialist clinics. That is why referral protocols are put in place to give doctors appropriate guidance on how they should handle patients, how and who they should refer to specialist clinics and when. These guidelines are not drawn up by politicians but by the national cancer control programme in co-operation with the Irish College of General Practitioners, as is entirely appropriate.

On the other question raised by the Senator, I do not have an up-to-date briefing note on the matter. As it was not the topic raised, I cannot give him an update on it.

Hospital Waiting Lists

I want to raise another health matter, namely, the problem at Letterkenny General Hospital which is escalating week by week of the huge delay in giving appointments and waiting lists for urology services at the hospital. The problem has been escalating since Dr. Kevin Moran resigned from his position at the hospital owing to a number of factors. As a result, the waiting lists have escalated out of control. The hospital now advises GPs and patients that it cannot provide for them and people can go either to Galway or Ballykelly. In fact, I have received that communication from the office of manager of Letterkenny General Hospital for a patient as recently as last week. This matter affects hundreds of patients in County Donegal who are awaiting urology and related appointments.

The figures for August 2015 showed that 880 patients were awaiting an outpatient urology appointment at the hospital, 343 of whom had been on the list for more than one year. There were also 233 patients awaiting an inpatient urology appointment. Dr. Rogers who is based in Galway provides some cover for inpatient appointments, but there is no cover whatsoever for outpatient appointments at Letterkenny General Hospital.

The waiting lists at Letterkenny General Hospital are escalating out of control. I know that the Minister visited the hospital recently. Does he agree it is acceptable to have 15,000 people awaiting an outpatient appointment at the hospital, 4,000 of whom have been waiting for more than one year? Is that an acceptable standard in the Department of Health? I do not think it is. One gentleman, in particular, who has been awaiting a urology appointment at the hospital for more than two years has been in touch with my office and I have spoken to him. His circumstances are such that instead of him being given an outpatient appointment, there is no alternative but to put him on severe medication which is having an adverse effect on his health. He has had no option but to ask his GP to refer him elsewhere, given that Letterkenny General Hospital has advised, through my own office, that there is no chance that he will be given an appointment in the near future. He is only one of 880 patients. I am aware of many other examples.

However, this matter requires urgent attention and approval at the highest level by the Minister to allow for the appointment of a consultant urologist at Letterkenny General Hospital, which post has been vacant. It is my understanding a locum urologist was due to take up appointment in Letterkenny but owing to a lack of scheduled operating times, he moved elsewhere. A recent reply to a parliamentary question in the other House advised that the appointment was a matter for the hospital, but hospital management advised, as recently as in the past ten days, that it was awaiting sanction from the Department to appoint a new urologist.

I raise the issue to seek clarification and a commitment from the Minister that a consultant urologist will be appointed at Letterkenny General Hospital without further delay. I am also anxious to ascertain the Minister's view on the escalating waiting lists for urology appointments and the general scheme, with more than 15,000 people awaiting an appointment at the hospital and 4,000 waiting for over 12 months.

I thank the Senator for raising this issue and for giving me an opportunity to update the House. Improving waiting times for scheduled care for patients is a key priority for the Government. In January I put in place maximum permissible waiting times for inpatient and day case treatment and outpatient appointments of 18 months by 30 June and 15 months by the end of the year. In excess of €51 million in supplementary funding has been provided this year in order that these maximum waiting time goals can be achieved. This comprises an extra €26 million, in order that the 15-month maximum waiting time can be achieved by the end of the year, on top of €25 million provided earlier this year to help the HSE to meet the 18-month target by the end of June.

In June the HSE reported a performance against the 18-month maximum of 99.6% for inpatient and day case treatment and 92% for outpatient appointments. To maintain progress and make further improvements to achieve a 15-month maximum by the end of December, the HSE has launched its new initiative to ensure hospitals both comply with the new maximums and address outstanding long waiters, following the first wave of targeted waiting list activity up to July 2015. Progress against all targets and plans for waiting lists will continue to be monitored closely and moved forward through the HSE performance management and accountability framework.

On urology at Letterkenny General Hospital, I am informed that the former consultant urologist in Letterkenny retired in February 2015. The hospital has tried to secure a locum consultant urologist pending the appointment of a substantive post, but it has been unsuccessful so far. To ensure appropriate urology care continues to be provided for patients in the north west, arrangements are in place for both emergency and planned urology admissions. Patients who require emergency admission for urology services are referred to University Hospital Galway, as has been the long-standing practice in cases where the consultant urologist was not on call. Non-emergency urology services are being provided from within the Saolta group at University Hospital Galway and Portiuncula Hospital, Ballinasloe. Inpatient treatment for some patients has also been arranged in Northern Ireland. These measures will continue while a consultant urologist is being recruited for Letterkenny.

On urology equipment, Letterkenny General Hospital has received approval to purchase a new male urodynamic machine to the value of €25,000. The national procurement service of the HSE has begun the procurement process for the purchase of this equipment. I can also inform the Senator that the volume of general surgery undertaken at Letterkenny General Hospital has expanded through the appointment of a temporary general surgeon to provide emergency general surgical services and the permanent post has been advertised.

Urology services are an essential component of clinical care at Letterkenny General Hospital. I am assured that the Saolta university health care group and local hospital management are fully committed to restoring the full urology service at the hospital and are making every effort to restore that service as soon as possible, including working with all appropriate medical agencies with which the hospital has a contract.

I have listened attentively to the Minister and the words being expressed are in the normal reply given in the Houses from officialdom within the Department of Health. No assurance is given whatsoever. We have been told that efforts were made with the locum consultant urologist. I explained what had happened there. We are being told that those who require admission or non-emergency admission can be referred to Galway or Ballykelly in the North. There is nothing in the reply stating sanction or approval has been given by the Minister's Department to allow for the appointment of a new consultant urologist. Is it the case that the approval has not been given? If approval had been given, it would have been referred to in the reply. What is the hold-up in appointing a new consultant urologist at Letterkenny General Hospital? As indicated in the Dáil, is it the case that this is a matter for the hospital and that approval has been given by the Department? Is the hospital waiting on approval from the Department? The information I received from the management at the hospital is that it is awaiting approval and sanction from the Department. I need clarification on that point.

The Senator mentioned earlier that a constituent had been on a waiting list for outpatient treatment for more than two years. With the agreement of the patient, the Senator could pass on the details to my office as anybody waiting more than 18 months at this stage is supposed to be referred to another hospital, with the money following them, or referred privately. If that has not happened-----

The patient is being referred to Galway because Letterkenny General Hospital could not deal with the matter.

I thank the Senator for clarifying the matter as I want to know if there are cases where patients have been waiting more than 18 months to be seen. When I inquire and get the details, the story turns out to be a little different, as it has in this case, too.

I visited Letterkenny in the past two weeks and met representatives of the cancer campaign and community groups - it was a very good meeting - and the general manager. That issue was raised specifically, including concerns about urology services. I share these concerns. I would be surprised if the Senator did not know already but ministerial approval is neither sought nor needed to appoint a consultant. My Department does not approve consultant posts any more than the Minister for Education and Skills approves teaching posts. Perhaps she might, but when it comes to health, it has not been the case, if it was ever the case, that consultant posts require departmental or ministerial approval. Such posts require the approval of the national consultant advisory committee, a body within the HSE that examines how posts are structured and whether they are sustainable. It will modify posts and, for example, will sometimes want a post to be changed in order that a new person taking a post will work weekends or extended hours, leading to the provision of an enhanced service. Any new appointment must go through that committee.

I am not aware of any delay in approving the post in question, but I will make inquiries and revert to the Senator.

Air Services Provision

I thank the Minister of State for coming to the House to discuss this important matter. Recent events relating to the provision of air transport to the Aran Islands have again highlighted the vulnerability and disadvantage of those striving to keep island communities alive. In that light, I very much welcome the signing of an interim air service contract for the islands. This will secure jobs at Aer Arann for the next year and give space, during which a tender for a longer period can be advertised. I will use my time this morning to reinforce one point which I ask the Minister of State to bear continually in mind.

The people living on all of the islands are trying their best to keep their communities alive. It is a simple fact that they require assistance and support to do this. Government community development schemes carry out valuable work, particularly on non-Gaeltacht islands, to support island sustainability. There are various other grants and schemes available in other Departments. These are all welcome and positive methods of providing assistance. However, more could be achieved. For example, could we consider greater use of the European Regional Development Fund and the Cohesion Fund? These can be specifically aimed at EU regions with specific geographical characteristics, namely, islands, mountain regions and sparsely populated areas. The economic development of these areas is considered important in helping the European Union to attain its important territorial cohesion objective. Additionally, I draw the Minister of State's attention to the European Agricultural Fund for Rural Development.

This is a mechanism under the Common Agricultural Policy. The programme runs until 2020 and there is no deadline for grants. It is particularly geared towards less developed regions.

While I do not have time to develop my suggestions to the full this morning, I ask the Minister of State to consider one suggestion in particular: that he convene a cross-departmental group to consider all aspects of policy and funding in the context of the sustainability of island communities. There are very few Departments that do not impinge on island development in some way and a more co-ordinated approach might assist. There also appear to be sources of EU funding left untapped or not sufficiently tapped at least. I look forward to the Minister of State's comments on the matter.

Gabhaim mo bhuíochas leis an Seanadóir as ucht an ábhair fíor-thábhachtach seo a ardú inniu. As the Senator may be aware, the report of an interdepartmental co-ordinating committee on island development chaired by the then Minister of State, Mr. Donal Carey, in 1996 presented a strategic framework for developing the offshore islands of Ireland. The report made a number of recommendations to the Government, with the aim of supporting island communities in their economic and cultural development, preserving and enhancing their unique cultural and linguistic heritage and providing island communities with access to adequate levels of public services so as to facilitate full participation in the life of the nation. The report also recognised that access was the single most important issue facing island communities.

At the time, the number of lifeline ferry services supported by the State was very limited. There was undoubtedly a need for action to correct this deficiency and during the years the number of services to the islands has grown. Now my Department funds 23 services to 19 islands. Included in these are passenger ferry services, cargo ferry services and air services. The budget for these services has increased since I came into office and as part of budget 2016 the allocation available for these services will be increased again in 2016, from €5.9 million to €6.631 million.

In addition to providing transportation services, my Department endeavours to assist islanders and island life in other ways. During 2015 my Department reached an agreement with the Department of Environment, Community and Local Government on the funding for development offices on non-Gaeltacht islands. This funding enabled them to continue delivering vital services and to improve the quality of life for the residents of the islands. Through the increased allocation available to me in 2016, I will be providing assistance for these vital services.

During the years my Department has improved harbour infrastructure on the islands and corresponding harbours on the mainland. The largest project ever undertaken on the Irish islands, the €45 million redevelopment of Cill Ronain Harbour, a harbour of significant regional importance which handles in the region of 300,000 passengers annually, was constructed with major investment by my Department. While the capital budget available to me has decreased significantly, assistance is still provided for relevant local authorities for focused works on the islands, particularly directed to issues of safety.

As the Senator may be aware, there have been issues regarding the renewal of the public service obligation contract for air services to the Aran Islands. I am pleased to announce that since earlier this week my Department has agreed an interim contract with Galway Aviation Services Limited for the provision of an air service for the Aran Islands from 1 October 2015 to 30 September 2016. Under the interim contract, the Department will subsidise the same level of service as it did under the previous contract. The Department, in conjunction with the Office of Government Procurement, will in the coming period proceed to undertake a new procurement process in accordance with national procurement rules and EU Regulation 1008/2008 in order to agree a four-year contract for the air service. Obviously, a re-engagement with the island communities will happen side-by-side with that process.

My Department consults island communities on a regular basis. I have visited many of the offshore islands since my appointment as Minister of State with special responsibility for the islands. In the past 12 months I tried to go to the islands I had not visited previously. I have had the pleasure of being on the Aran Islands, but I had not been to places such as Sherkin Island, Bere Island, Owey Island in my own county, Tory Island, Inishbofin and Gola Island. I tried to get to as many of the islands as possible that I had not been to before. Funding for vital access services to the islands has been maintained by my Department throughout the recent economic downturn and it is my intention to continue with this support in the future. However, I am very aware of the need to get value for money in order that the funding available will reap the maximum benefit for all island communities.

The Senator will also be aware of the need to comply with national and EU law in providing various supports for the islands. My Department will continue to adhere to the relevant regulations and guidelines, while at the same time ensuring as far as possible that all island communities are assisted in their efforts to get the services that are sometimes taken for granted on the mainland.

Gabhaim buíochas leis an Seanadoir as ucht an ábhair seo a ardú. I thank the Senator for her remarks. We can all agree that the islands are a unique and valued part of our community. My Department will continue to support the island communities in their economic, social and cultural development in order to preserve and enhance their unique heritage and to enable the islanders to secure access to public services in order that they can have full and active participation in the overall economic and social life of the nation.

I thank the Minister of State for his comprehensive reply. It must be borne in mind that while some would say these communities are economically insignificant, they are living, breathing parts of our culture and must be supported. The Minister of State has said this quite clearly. I am concerned about the issue of consultation. The Minister of State has outlined details of his direct engagement with the islanders, which is critical. If one looks back at the early negotiations of the UN treaty for persons with disabilities, the parties were drafting a treaty and thinking they were doing the best for people with disabilities, but there was very little consultation with those affected. Groups representing people with disabilities came up with the phrase "Nothing about us without us." From that moment on, proper consultation took place and the result was the successful negotiation of that treaty. In the same vein, consultation with the islanders is key. In the context of the European Agricultural Fund for Rural Development, the European Regional Development Fund and the Cohesion Fund, I ask the Minister of State to determine if there is any scope for getting further funding for island communities. I believe the islands fit perfectly with the objectives of these development funds in terms of supporting disadvantaged island communities. Does the Minister of State have any comment to make on what funds we could be seeking in that context? Some of the funds are open for applications right up to 2020.

I again thank the Senator for her observations and suggestions. She is correct in saying there are always ways in which we can be creative in accessing necessary funding that could have a direct impact on the lives of those living on the islands. I visited Árain Mhór in the last ten days, with the Minister for Health, Deputy Leo Varadkar. We got a great insight into the provision of health services there and the importance of such services to islanders. The issue is one of having a direct impact, of which a lot of projects at a European level are capable. The Senator will be aware of the AranLIFE project on the Aran islands, funding for which was secured from the European Union to the tune of approximately €2.5 million. That project is having a very positive impact.

The Senator also mentioned agriculture. She may be aware that the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, has made special provision for the islands in the new round of single farm payments. The islands have been considered in that context. I agree with the Senator in her point that any policy measure that may impact on the islands must be proofed. I continue to engage with Comhdáil Oileáin na hÉireann and will meet that organisation again next week. Consultation is important and has taken place in the past 12 months. That said, if there are new ways of doing things, I am certainly open to considering them.

We must also be conscious of investments for different islands. On Tory Island, for example, we are investing €250,000 in the development of a helipad, which will be a very welcome infrastructural addition to the island. There are smaller islands, including Inishbofin, Gola and Owey, for example, which do not have a ferry service. They are seeking such a service, especially during the summer, given that tourist numbers are increasing at such an enormous rate along the Wild Atlantic Way. There are development opportunities and it is important that we engage with them on them. There is a meeting arranged with the smaller island representative group in a few weeks time.

There are plenty of issues involved. I acknowledge the role of the leadership on the islands. During the recent negotiations on air services to the Aran Islands, a number of public meetings were held and approximately 18 politicians from the mainland attended them. The meetings were very dignified. I received feedback from different people who said the meetings had been dignified and well measured and that there was much leadership shown on the island. I acknowledge that leadership. I also acknowledge the new transparent and independent process in which full responsibility is given to the Office of Government Procurement in the Department of Public Expenditure and Reform and which leaves me outside that process. It is important to acknowledge the professional work that was done by the officials of the Office of Government Procurement and the Attorney General and the Chief State Solicitor's office. Where there probably was a political weakness was that I was precluded, as Minister of State, from saying anything during the process. The advice from the Chief State Solicitor and the Attorney General was that it was better to say very little in case it would prejudice the process.

This is a new system which was only introduced in 2014. If there are lessons to be learned, let us look at them in terms of the needs of the community and islands. On the other hand, we all have a responsibility and duty to the taxpayer and a responsibility to due process. The public is very much of the opinion that politicians should not be involved in that process. This is a new process. Politicians are completely outside of the process in terms of the decision and the outcome. If there are lessons to be learned from the past five to six months, let us look at them and see what we can try to do differently. As a former community worker, I am a big advocate of ensuring that at the centre of any consultation is the community and its needs. We have a duty, as legislators, to have a very strict adherence to process and do things right and also to ensure savings are made because we have a duty to the taxpayer. All of that is in the mix and no doubt it will form part of the conversation on the new tender process in the future.

I again thank the Senator for raising this matter. It has given me an opportunity to talk a little about the process. Key to any future deliberation on policy or policy change on the islands is that the communities have to be at the heart of it. The officials in my Department are very conscious of the work they are doing. They have been very proactive in providing services. One can see the number of cargo ferries that we have provided on the islands and they do a very professional and thorough job. I acknowledge my officials for the work they do on an ongoing basis. As we go forward with the new tendering process, we will, no doubt, have a very proactive and engaged conversation between the island communities, my own officials and officials of the Office of Government Procurement to ensure we continue to provide the service for the islands. Keeping that service was critical to the process. The officials in the Department were very conscious of this from the beginning.

I thank the Minister of State.

Sitting suspended at 11.25 a.m. and resumed at 11.35 a.m.
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