22 May National Monuments: Motion Moore St 1916 Easter Rising
Ar dtús, ba mhaith liom a rá go bhfuil náire agus díomá orm go bhfuilimid go fóill ag caint faoin ábhar seo. Ba cheart go mbíodh plean gníomhaíochta againn blianta ó shin. Dá mbíodh, bheadh ionad stairiúil againn anois, agus slí stairiúil ó Ard Oifig an Phoist go dtí Sráid Parnell.
It is very disappointing that we are still talking about the historical area from the GPO to Parnell Street and all the places associated with the Easter Rising. Every Government from the foundation of the State has neglected to make a fitting memorial there to the men and women of the Easter Rising. Indeed, it could be said that each Government and the local authority have allowed all of the sites associated with the various battle scenes of the Rising to become derelict and, in some cases, allowed them to be demolished. Kilmainham Gaol could have been knocked down by a developer some years ago only for the actions of a dedicated group of people who worked to preserve it. It is now one of the most visited sites in Dublin, with excellent guides.
One can see the efforts and manoeuvres that have gone into almost bringing about a similar fate for the area of Moore Street. I acknowledge the relatives’ group and its trojan work to keep this item on the agenda. I also acknowledge Sinn Féin bringing this debate to the Chamber. At the commemoration committee meeting today there was a proposal from a member for a 1916 Rising walking trail around the area, similar to the Freedom Trail in Boston. It would be mortifying to do that walk now, given the dereliction of the area. However, we are aware of its potential. The Minister and other Ministers have made the tour, as have other people, and I have been on it several times. We know that it could be a historical walk in a historical quarter with suitable preservation and conservation. There is a story at every step of that walk from the GPO, around to Parnell Street, where the surrender took place, and further up to the Garden of Remembrance and into Mountjoy Square if we wish to develop it.
We visit cities in eastern and western Europe and the places we visit there are the historical quarters. Even in economic terms, they are doing very well for the cities where they are situated. I live in East Wall and my journey, as a teenager, was from East Wall, along the GPO, through Moore Street, Moore Lane and O’Rahilly Parade to my secondary school, Mount Carmel in King’s Inn Street. I felt privileged to do that walk. The walk should be preserved for other people. It is a battlefield site, commemorating a momentous historic event in our history which had far-reaching consequences. With regard to designating Nos. 14 to 17 Moore Street as a national monument, it is currently a national disgrace. I have stood inside those houses and felt frustration at what was allowed to happen. However, I also felt very positive about what could be achieved, not just with Nos. 14 to 17, which is not enough, but the entire area. It suits some to focus on protecting Nos. 14 to 17. That is all very well, and I am sure it will be protected, but the entire area is a battlefield site. Click to view HQ16 A Citizen's Plan
Dublin City Council has many questions to answer about this, dating back to 1998 when the Carlton Group was given planning permission. Then there was a bizarre agreement between the council and Chartered Land in 2004. There was an issue of compulsory purchase orders and whether the councillors had a vote. They were ruled out of order when they tried to raise the matter as it was considered sub judice. There was an in camera meeting in November 2006, Supreme Court judgments and various toing and froing to An Bord Pleanála. In December 2010 and October 2011, demolition and alterations were carried out without permission.
The traders are another aspect of Moore Street which should be mentioned as they are part of that history and culture. I acknowledge the work of the late Tony Gregory in trying to preserve that. There is also the matter of Nos. 32 and 33 Henry Street and the preservation of Henry Lane. We have an opportunity to create a historical quarter and historical walkway in time for the centenary. The expression “tír gan teanga, tír gan anam” is well known but respect for and preservation of our heritage sites are also central to the soul of a country. I listened to the Minister talk about Nos. 14 to 17 but is it appropriate that this national monument, all alone, will be dwarfed by apartments, shopping malls, arcades and God knows what else the developer might put there?
I thank Deputy Nash for his concern for the north inner city. I also support Deputy Ó Cuív’s proposal for a specific museum based on the Rising.
It is very disappointing that we are still talking about the historical area from the GPO to Parnell Street and all the places associated with the Easter Rising. Every Government from the foundation of the State has neglected to make a fitting memorial there to the men and women of the Easter Rising. Indeed, it could be said that each Government and the local authority have allowed all of the sites associated with the various battle scenes of the Rising to become derelict and, in some cases, allowed them to be demolished. Kilmainham Gaol could have been knocked down by a developer some years ago only for the actions of a dedicated group of people who worked to preserve it. It is now one of the most visited sites in Dublin, with excellent guides.
One can see the efforts and manoeuvres that have gone into almost bringing about a similar fate for the area of Moore Street. I acknowledge the relatives’ group and its trojan work to keep this item on the agenda. I also acknowledge Sinn Féin bringing this debate to the Chamber. At the commemoration committee meeting today there was a proposal from a member for a 1916 Rising walking trail around the area, similar to the Freedom Trail in Boston. It would be mortifying to do that walk now, given the dereliction of the area. However, we are aware of its potential. The Minister and other Ministers have made the tour, as have other people, and I have been on it several times. We know that it could be a historical walk in a historical quarter with suitable preservation and conservation. There is a story at every step of that walk from the GPO, around to Parnell Street, where the surrender took place, and further up to the Garden of Remembrance and into Mountjoy Square if we wish to develop it.
We visit cities in eastern and western Europe and the places we visit there are the historical quarters. Even in economic terms, they are doing very well for the cities where they are situated. I live in East Wall and my journey, as a teenager, was from East Wall, along the GPO, through Moore Street, Moore Lane and O’Rahilly Parade to my secondary school, Mount Carmel in King’s Inn Street. I felt privileged to do that walk. The walk should be preserved for other people. It is a battlefield site, commemorating a momentous historic event in our history which had far-reaching consequences. With regard to designating Nos. 14 to 17 Moore Street as a national monument, it is currently a national disgrace. I have stood inside those houses and felt frustration at what was allowed to happen. However, I also felt very positive about what could be achieved, not just with Nos. 14 to 17, which is not enough, but the entire area. It suits some to focus on protecting Nos. 14 to 17. That is all very well, and I am sure it will be protected, but the entire area is a battlefield site. Click to view HQ16 A Citizen's Plan
Dublin City Council has many questions to answer about this, dating back to 1998 when the Carlton Group was given planning permission. Then there was a bizarre agreement between the council and Chartered Land in 2004. There was an issue of compulsory purchase orders and whether the councillors had a vote. They were ruled out of order when they tried to raise the matter as it was considered sub judice. There was an in camera meeting in November 2006, Supreme Court judgments and various toing and froing to An Bord Pleanála. In December 2010 and October 2011, demolition and alterations were carried out without permission.
The traders are another aspect of Moore Street which should be mentioned as they are part of that history and culture. I acknowledge the work of the late Tony Gregory in trying to preserve that. There is also the matter of Nos. 32 and 33 Henry Street and the preservation of Henry Lane. We have an opportunity to create a historical quarter and historical walkway in time for the centenary. The expression “tír gan teanga, tír gan anam” is well known but respect for and preservation of our heritage sites are also central to the soul of a country. I listened to the Minister talk about Nos. 14 to 17 but is it appropriate that this national monument, all alone, will be dwarfed by apartments, shopping malls, arcades and God knows what else the developer might put there?
I thank Deputy Nash for his concern for the north inner city. I also support Deputy Ó Cuív’s proposal for a specific museum based on the Rising.
22 May Priority Questions - Human Rights Issues Maghaberry Prisoners
Maureen asked the Tánaiste and Minister for Foreign Affairs and Trade the steps he and his Department have taken, and are taking, in addressing the human rights conditions of prisoners in Maghaberry Prison, County Antrim, including the human rights of the prisoner who has been moved to Hydebank Prison.
Deputy Eamon Gilmore: The issue of prisons within Northern Ireland is a devolved matter related to the Department of Justice in Northern Ireland and the Northern Ireland Prison Service. Arising from the Hillsborough Agreement of February 2010, Dame Ann Owers and the prison review team undertook a review of the prison system. In October 2011 their report made 40 recommendations on prison reform in Northern Ireland. The Minister for Justice, Mr. David Ford, MLA, has underlined his commitment to full implementation of the recommendations and has described the prison reform process as “unstoppable”. I had an opportunity to discuss the reform process with him at our most recent meeting on 20 April.
Implementation of the Owers report remains the most effective way to ensure that prison conditions in Northern Ireland meet the required standard. The Government will continue to raise concerns regarding the circumstances of conditions of detention of Irish citizens as appropriate.
Concerns have been raised about the circumstances of this prisoner’s detention, both in this House and directly with me by human rights organisations. The prisoner’s defence team maintain that as she was granted a royal prerogative of mercy, the terms of the licence do not apply. I discussed this issue with Secretary of State Paterson on 27 April. I have been advised that the parole commissioners considered the terms of the royal prerogative of mercy after receiving submissions on behalf of the prisoner and the Secretary of State and had ruled that “the life sentences were not in fact remitted by the royal prerogative of mercy” and that the prisoner “remains subject to the life licence”. I understand that the case is currently under review.
Concerns surrounding the prisoner’s health led to the prisoner being moved to the medical wing of Hydebank Prison where I have been informed that medical and prison administration staff are making every effort to make the prisoner comfortable. I have been advised that a medical expert has requested an assessment visit and I have asked to be informed on the outcome of that visit. In the meantime my officials are in regular contact with the authorities in Northern Ireland, human rights NGOs and others close to this case.
Deputy Maureen O’Sullivan: The Tánaiste’s answer might have been acceptable except for the fact that these issues have been ongoing for some time. They have been kicked to touch or from one person to another for far too long. In the meantime, the human rights issues have worsened, with solitary confinement, the denial of medical treatment, inadequate medical treatment and regular full body searches although scanners are supposed to be used. Elected representatives, human rights organisations and the Pat Finucane Centre have not received responses to their inquiries from the authorities in the North. Human rights regulations are being disregarded.
In January in response to a question I asked, the Minister for Justice and Equality stated the Minister of Foreign Affairs and Trade had been involved in negotiations the previous summer. This has been going on for almost a year and in the meantime the conditions for some of the prisoners have deteriorated. What other action can be taken? Action is required instead of phrases such as “we will continue to monitor it” and “we are in close consultation” before one of the prisoners dies.
Deputy Eamon Gilmore: As I stated, responsibility for prisons in Northern Ireland has been devolved to the Department of Justice under the remit of the Minister, Mr. Ford, MLA. Among the issues which arise is reform of the prison service in Northern Ireland. The Minister categorically stated to us he is implementing the recommendation of the Owers report and the process is unstoppable. We have raised the issues of human rights and the conditions of the prisoners in Maghaberry Prison, in particular the prisoner moved to Highbank Prison, with the Minister and the Secretary of State, Mr Paterson, MP. I have asked departmental officials to monitor the situation very closely and keep in touch with the Northern Ireland Office and the Department of Justice there and we will continue to do so.
Deputy Maureen O’Sullivan: The denial of medical treatment and the way in which medication has been withheld from one of the male prisoners are very serious issues. I am also aware of issues regarding the health of Marian Price. When is a royal prerogative not a royal prerogative? Is it when it suits the authorities in the North and in England? Mr. Owen Paterson, MP, has not been elected by anyone in the North and is not accountable to the electorate in the North, but he seems to be able to disregard human rights legislation and legal issues. We speak about human rights at meetings of the Joint Oireachtas Committee on Foreign Affairs and Trade and we take up the cases of prisoners in Bahrain, Iran and China. Yet, this is happening up the road and is an urgent matter because one of the prisoners will die.
Deputy Eamon Gilmore: The issue of prisons within Northern Ireland is a devolved matter related to the Department of Justice in Northern Ireland and the Northern Ireland Prison Service. Arising from the Hillsborough Agreement of February 2010, Dame Ann Owers and the prison review team undertook a review of the prison system. In October 2011 their report made 40 recommendations on prison reform in Northern Ireland. The Minister for Justice, Mr. David Ford, MLA, has underlined his commitment to full implementation of the recommendations and has described the prison reform process as “unstoppable”. I had an opportunity to discuss the reform process with him at our most recent meeting on 20 April.
Implementation of the Owers report remains the most effective way to ensure that prison conditions in Northern Ireland meet the required standard. The Government will continue to raise concerns regarding the circumstances of conditions of detention of Irish citizens as appropriate.
Concerns have been raised about the circumstances of this prisoner’s detention, both in this House and directly with me by human rights organisations. The prisoner’s defence team maintain that as she was granted a royal prerogative of mercy, the terms of the licence do not apply. I discussed this issue with Secretary of State Paterson on 27 April. I have been advised that the parole commissioners considered the terms of the royal prerogative of mercy after receiving submissions on behalf of the prisoner and the Secretary of State and had ruled that “the life sentences were not in fact remitted by the royal prerogative of mercy” and that the prisoner “remains subject to the life licence”. I understand that the case is currently under review.
Concerns surrounding the prisoner’s health led to the prisoner being moved to the medical wing of Hydebank Prison where I have been informed that medical and prison administration staff are making every effort to make the prisoner comfortable. I have been advised that a medical expert has requested an assessment visit and I have asked to be informed on the outcome of that visit. In the meantime my officials are in regular contact with the authorities in Northern Ireland, human rights NGOs and others close to this case.
Deputy Maureen O’Sullivan: The Tánaiste’s answer might have been acceptable except for the fact that these issues have been ongoing for some time. They have been kicked to touch or from one person to another for far too long. In the meantime, the human rights issues have worsened, with solitary confinement, the denial of medical treatment, inadequate medical treatment and regular full body searches although scanners are supposed to be used. Elected representatives, human rights organisations and the Pat Finucane Centre have not received responses to their inquiries from the authorities in the North. Human rights regulations are being disregarded.
In January in response to a question I asked, the Minister for Justice and Equality stated the Minister of Foreign Affairs and Trade had been involved in negotiations the previous summer. This has been going on for almost a year and in the meantime the conditions for some of the prisoners have deteriorated. What other action can be taken? Action is required instead of phrases such as “we will continue to monitor it” and “we are in close consultation” before one of the prisoners dies.
Deputy Eamon Gilmore: As I stated, responsibility for prisons in Northern Ireland has been devolved to the Department of Justice under the remit of the Minister, Mr. Ford, MLA. Among the issues which arise is reform of the prison service in Northern Ireland. The Minister categorically stated to us he is implementing the recommendation of the Owers report and the process is unstoppable. We have raised the issues of human rights and the conditions of the prisoners in Maghaberry Prison, in particular the prisoner moved to Highbank Prison, with the Minister and the Secretary of State, Mr Paterson, MP. I have asked departmental officials to monitor the situation very closely and keep in touch with the Northern Ireland Office and the Department of Justice there and we will continue to do so.
Deputy Maureen O’Sullivan: The denial of medical treatment and the way in which medication has been withheld from one of the male prisoners are very serious issues. I am also aware of issues regarding the health of Marian Price. When is a royal prerogative not a royal prerogative? Is it when it suits the authorities in the North and in England? Mr. Owen Paterson, MP, has not been elected by anyone in the North and is not accountable to the electorate in the North, but he seems to be able to disregard human rights legislation and legal issues. We speak about human rights at meetings of the Joint Oireachtas Committee on Foreign Affairs and Trade and we take up the cases of prisoners in Bahrain, Iran and China. Yet, this is happening up the road and is an urgent matter because one of the prisoners will die.
17 May Overseas Missions PriorityQuestions
Deputy Maureen O’Sullivan asked the Minister for Defence Information on Alan Shatter Zoom on Alan Shatter the role he envisages for Irish troops sent abroad on peacekeeping missions in relation to the current situation in Syria; if the deployment of the 106th Infantry Battalion to UNIFIL in Lebanon this month will be part of a larger peacekeeping initiative in relation to Syria and if it will contribute to the prevention of further escalation of violence from Syria into the Lebanon; and if he will make a statement on the matter. [24816/12]
4. Deputy Dara Calleary asked the Minister for Defence Information on Alan Shatter Zoom on Alan Shatter the role that the Defence Forces will play in the UN mission in Syria; the number of personnel involved; and if he will make a statement on the matter. [24648/12]
Deputy Alan Shatter: I propose to take Questions Nos. 3 and 4 together. On 21 April 2012, unanimously adopting resolution 2043 (2012), the United Nations Security Council authorised the establishment, for an initial period of 90 days, of a supervision mission, known as the United Nations Supervision Mission in Syria, UNSMIS. The purpose of the mission is to monitor a cessation of armed violence “in all its forms by all parties” in Syria. The new mission is also tasked with monitoring the full implementation of the six-point plan proposed by joint special envoy for the United Nations and the League of Arab States, Mr. Kofi Annan.
On 24 April 2012, the Government approved the deployment of up to six members of the Permanent Defence Force as unarmed military observers to UNSMIS, in response to a request from the United Nations. Six Defence Forces personnel were deployed to the mission area on 11 May 2012. The role of the Irish personnel is to observe and report on the security situation and any transgressions of the ceasefire agreement and the implementation of the six-point plan.
The UN mission will comprise an initial deployment of up to 300 military observers under the command of a chief military observer with an appropriate civilian component as required by the mission to fulfil its mandate. It is estimated that all 300 observers will be on the ground by the end of this month.
The mandate of the United Nations Interim Force in Lebanon, UNIFIL, mission, acting in support of the Government of Lebanon, is, inter alia, to ensure that its area of operations in southern Lebanon is not utilised for hostile activities of any kind and to resist attempts by forceful means to prevent it from discharging its duties under the mandate of the UN Security Council.
I am advised that there has been no reported security spillover from the Syrian situation into the UNIFIL area of operations. The Irish battalion serving with UNIFIL, currently the 106th, conducts operations solely within the UNIFIL area of operations in southern Lebanon. While I understand that there have been a number of recent security incidents along the northern Lebanese Syrian Border, this is a considerable distance from the UNIFIL area of operations and, as such, does not involve UNIFIL and is a matter essentially for the Lebanese authorities.
Deputy Maureen O’Sullivan: I compliment the reputation of our troops on foreign missions. It has been positive compared with troops from other countries. Troops from other countries have been involved in certain situations which have done them no credit. However, the Irish missions have been excellent.
Is the Minister planning on any of the troops in Lebanon moving out of that UNIFIL area because there was violence recently 45 miles north of Beirut between a small group which was supportive of President Assad and the Sunni majority? Is there any possibility of our troops being used in that way within Lebanon? Also, have there been requests or are discussions going on to redeploy our troops in other conflict areas?
Deputy Alan Shatter: There are no plans to move our troops from the Irish area of operations in southern Lebanon. There is a discrete area of operations in which the Irish UNIFIL force locate, and that will continue. Fortunately, the position is still relatively quiet within our area of operations. There is continued vigilance to ensure that our troops are secure and are in a position to undertake the important work they are undertaking.
The position in Syria is extremely volatile. It is a matter of continuing concern. There have been recent incidents in Syria involving some of the UN monitors who are there, not involving our troops but troops from other countries, which are a cause of very serious concern. None of the Irish monitors or observers was involved in incidents that occurred in recent days but there is continued vigilance of what is happening within Syria. There is a regular review by the UN of the mission in Syria and its capacity to fulfil its objectives, and we will continue to review the position as well.
The hope is that the plan to bring about a cessation of violence in Syria will prove successful. Unfortunately, so far there is continuing violence both from the forces of President Assad and also from those engaged in opposition to him. Those forces are somewhat fragmented and appear to have various and differing allegiances in the context of the conflict still sadly taking place there.
Deputy Dara Calleary: We wish our troops well, particularly those in Syria. As the Minister stated, the position is extremely volatile even though the international media appears to have moved away from it. Is the Minister in receipt of daily or weekly reports in terms of threat assessment? I presume that is an evolving situation given the events of recent days. Are there any plans to send any more Irish troops to Syria in an observation capacity? Will the mission in Syria end when Mr. Annan’s work ends there or does the Minister see a long-term role for Irish troops in Syria?
Deputy Alan Shatter: The initial mission for the monitors is a 90 day mission. The Deputy might be interested in incidents involving the observers that have occurred in recent days and are a cause of concern.
UN reports indicate that the UN supervision mission in Syria had advised the UN that shortly after 2 p.m. local time on 15 May a convoy of four vehicles was struck by an explosion from an improvised explosive device at Khan Cheikhoun, near Hama. There have been substantial difficulties and substantial loss of life in Hama. Three UN vehicles were damaged but no UN personnel were hurt in the explosion. The mission sent a patrol team to the area to help extract those UN military observers. As I said, no Irish observers were involved. The mission reported yesterday, 16 May 2012, that it picked up the six UN military observers who had to stay overnight in Khan Cheikhoun after vehicles in their convoy were damaged following the explosion. They are now back at their team site in Hama.
Last Tuesday, 15 May, the UN reported from the United Nations supervision mission in Syria that heavy fighting took place on 14 May in Talbisa, in Rastan, and United Nations military observers witnessed that a highway in the area had been blocked by Government forces. A United Nations military observer patrol helped to de-escalate the situation and got the highway opened after interaction with Government forces.
The reality, unfortunately, is that there are continuing incidents and concerns with regard to the area. There are uncertainties about the likelihood of the six-point plan for Syria proposed by UN-Arab League joint special envoy, Kofi Annan, being implemented. The mission is under ongoing review by the United Nations. The UN Security Council Resolution 2043 requests the UN Secretary General to report to the Council on the implementation of its resolution every 15 days and also to submit as necessary to the Council proposals for possible adjustments to the mandate.
The current UN mandate expires on 20 July 2012. Whether the mandate will be renewed remains to be seen and much depends on what happens with regard to the ongoing conflict and the likelihood of the implementation of the six-point plan. As matters stand there are no plans to send any additional troops from our Defence Forces other than to maintain in situ the six monitors who are there. Obviously, we will keep a watchful eye on how matters develop with regard to the capacity of the monitors to fulfil a useful function and to meet a mandate in circumstances in which violence appears to be continuing.
Deputy Maureen O’Sullivan: I have a general question on the deployment of our troops abroad. I wonder about the usefulness of the seven personnel in Afghanistan, for example, whereas we have two on the OSCE mission in Bosnia, and there is a danger of escalating problems arising in Bosnia. I ask about the criteria used in those two situations.
Deputy Dara Calleary: I am sure the Minister is doing this but now that UN troops have become a target in Syria, which is a serious development, is he getting daily updates from UN authorities on the security position in the country?
Deputy Alan Shatter: I receive any updates required, bearing in mind circumstances as they evolve. I am maintaining a continuing interest and closely monitoring what is happening.
In reply to Deputy O’Sullivan, we have small numbers of members of the Deafens Forces located in different parts of the world engaged in UN authorised missions and they are performing important and useful functions. In parts of the world where we have very small numbers it is members of the Irish Defence forces who are in important command positions with regard to missions involving troops from other countries.
We have seven members of the Defence Forces in Afghanistan. Their work is substantially in the administrative areas but our forces there have done important work with regard to improvised explosive devices. We have substantial expertise in this country in that area. They have been engaged in training other troops as to how improvised explosive devises can be neutralised. It is work directly focused on saving lives. It is very important work, and I know the members of our Defence Forces in Afghanistan are held in high regard. The work they do is a genuine contribution to trying to end conflict and to protect innocent individuals from the dangers posed by those sort of advices.
4. Deputy Dara Calleary asked the Minister for Defence Information on Alan Shatter Zoom on Alan Shatter the role that the Defence Forces will play in the UN mission in Syria; the number of personnel involved; and if he will make a statement on the matter. [24648/12]
Deputy Alan Shatter: I propose to take Questions Nos. 3 and 4 together. On 21 April 2012, unanimously adopting resolution 2043 (2012), the United Nations Security Council authorised the establishment, for an initial period of 90 days, of a supervision mission, known as the United Nations Supervision Mission in Syria, UNSMIS. The purpose of the mission is to monitor a cessation of armed violence “in all its forms by all parties” in Syria. The new mission is also tasked with monitoring the full implementation of the six-point plan proposed by joint special envoy for the United Nations and the League of Arab States, Mr. Kofi Annan.
On 24 April 2012, the Government approved the deployment of up to six members of the Permanent Defence Force as unarmed military observers to UNSMIS, in response to a request from the United Nations. Six Defence Forces personnel were deployed to the mission area on 11 May 2012. The role of the Irish personnel is to observe and report on the security situation and any transgressions of the ceasefire agreement and the implementation of the six-point plan.
The UN mission will comprise an initial deployment of up to 300 military observers under the command of a chief military observer with an appropriate civilian component as required by the mission to fulfil its mandate. It is estimated that all 300 observers will be on the ground by the end of this month.
The mandate of the United Nations Interim Force in Lebanon, UNIFIL, mission, acting in support of the Government of Lebanon, is, inter alia, to ensure that its area of operations in southern Lebanon is not utilised for hostile activities of any kind and to resist attempts by forceful means to prevent it from discharging its duties under the mandate of the UN Security Council.
I am advised that there has been no reported security spillover from the Syrian situation into the UNIFIL area of operations. The Irish battalion serving with UNIFIL, currently the 106th, conducts operations solely within the UNIFIL area of operations in southern Lebanon. While I understand that there have been a number of recent security incidents along the northern Lebanese Syrian Border, this is a considerable distance from the UNIFIL area of operations and, as such, does not involve UNIFIL and is a matter essentially for the Lebanese authorities.
Deputy Maureen O’Sullivan: I compliment the reputation of our troops on foreign missions. It has been positive compared with troops from other countries. Troops from other countries have been involved in certain situations which have done them no credit. However, the Irish missions have been excellent.
Is the Minister planning on any of the troops in Lebanon moving out of that UNIFIL area because there was violence recently 45 miles north of Beirut between a small group which was supportive of President Assad and the Sunni majority? Is there any possibility of our troops being used in that way within Lebanon? Also, have there been requests or are discussions going on to redeploy our troops in other conflict areas?
Deputy Alan Shatter: There are no plans to move our troops from the Irish area of operations in southern Lebanon. There is a discrete area of operations in which the Irish UNIFIL force locate, and that will continue. Fortunately, the position is still relatively quiet within our area of operations. There is continued vigilance to ensure that our troops are secure and are in a position to undertake the important work they are undertaking.
The position in Syria is extremely volatile. It is a matter of continuing concern. There have been recent incidents in Syria involving some of the UN monitors who are there, not involving our troops but troops from other countries, which are a cause of very serious concern. None of the Irish monitors or observers was involved in incidents that occurred in recent days but there is continued vigilance of what is happening within Syria. There is a regular review by the UN of the mission in Syria and its capacity to fulfil its objectives, and we will continue to review the position as well.
The hope is that the plan to bring about a cessation of violence in Syria will prove successful. Unfortunately, so far there is continuing violence both from the forces of President Assad and also from those engaged in opposition to him. Those forces are somewhat fragmented and appear to have various and differing allegiances in the context of the conflict still sadly taking place there.
Deputy Dara Calleary: We wish our troops well, particularly those in Syria. As the Minister stated, the position is extremely volatile even though the international media appears to have moved away from it. Is the Minister in receipt of daily or weekly reports in terms of threat assessment? I presume that is an evolving situation given the events of recent days. Are there any plans to send any more Irish troops to Syria in an observation capacity? Will the mission in Syria end when Mr. Annan’s work ends there or does the Minister see a long-term role for Irish troops in Syria?
Deputy Alan Shatter: The initial mission for the monitors is a 90 day mission. The Deputy might be interested in incidents involving the observers that have occurred in recent days and are a cause of concern.
UN reports indicate that the UN supervision mission in Syria had advised the UN that shortly after 2 p.m. local time on 15 May a convoy of four vehicles was struck by an explosion from an improvised explosive device at Khan Cheikhoun, near Hama. There have been substantial difficulties and substantial loss of life in Hama. Three UN vehicles were damaged but no UN personnel were hurt in the explosion. The mission sent a patrol team to the area to help extract those UN military observers. As I said, no Irish observers were involved. The mission reported yesterday, 16 May 2012, that it picked up the six UN military observers who had to stay overnight in Khan Cheikhoun after vehicles in their convoy were damaged following the explosion. They are now back at their team site in Hama.
Last Tuesday, 15 May, the UN reported from the United Nations supervision mission in Syria that heavy fighting took place on 14 May in Talbisa, in Rastan, and United Nations military observers witnessed that a highway in the area had been blocked by Government forces. A United Nations military observer patrol helped to de-escalate the situation and got the highway opened after interaction with Government forces.
The reality, unfortunately, is that there are continuing incidents and concerns with regard to the area. There are uncertainties about the likelihood of the six-point plan for Syria proposed by UN-Arab League joint special envoy, Kofi Annan, being implemented. The mission is under ongoing review by the United Nations. The UN Security Council Resolution 2043 requests the UN Secretary General to report to the Council on the implementation of its resolution every 15 days and also to submit as necessary to the Council proposals for possible adjustments to the mandate.
The current UN mandate expires on 20 July 2012. Whether the mandate will be renewed remains to be seen and much depends on what happens with regard to the ongoing conflict and the likelihood of the implementation of the six-point plan. As matters stand there are no plans to send any additional troops from our Defence Forces other than to maintain in situ the six monitors who are there. Obviously, we will keep a watchful eye on how matters develop with regard to the capacity of the monitors to fulfil a useful function and to meet a mandate in circumstances in which violence appears to be continuing.
Deputy Maureen O’Sullivan: I have a general question on the deployment of our troops abroad. I wonder about the usefulness of the seven personnel in Afghanistan, for example, whereas we have two on the OSCE mission in Bosnia, and there is a danger of escalating problems arising in Bosnia. I ask about the criteria used in those two situations.
Deputy Dara Calleary: I am sure the Minister is doing this but now that UN troops have become a target in Syria, which is a serious development, is he getting daily updates from UN authorities on the security position in the country?
Deputy Alan Shatter: I receive any updates required, bearing in mind circumstances as they evolve. I am maintaining a continuing interest and closely monitoring what is happening.
In reply to Deputy O’Sullivan, we have small numbers of members of the Deafens Forces located in different parts of the world engaged in UN authorised missions and they are performing important and useful functions. In parts of the world where we have very small numbers it is members of the Irish Defence forces who are in important command positions with regard to missions involving troops from other countries.
We have seven members of the Defence Forces in Afghanistan. Their work is substantially in the administrative areas but our forces there have done important work with regard to improvised explosive devices. We have substantial expertise in this country in that area. They have been engaged in training other troops as to how improvised explosive devises can be neutralised. It is work directly focused on saving lives. It is very important work, and I know the members of our Defence Forces in Afghanistan are held in high regard. The work they do is a genuine contribution to trying to end conflict and to protect innocent individuals from the dangers posed by those sort of advices.
16 May Credit Guarnantee Bill
Click to hear Maureen speaking
Everyone agrees growth is the key to recovery; just yesterday the Taoiseach made that point in this House. We are asking what will stimulate growth, and central to that are jobs, not just job creation, but job retention as well. We have not been paying enough attention to job retention and we have seen small businesses going out of business needlessly, when injections of small amounts of capital would have prevented that. I hope this Bill will provide the practical support to allow banks and credit institutions to do this.
We all know of small businesses, many in families for generations, that are part of the fabric of the community that have had to close. Apart from the effect on business and employment, there is a demoralising effect on the community when people are looking at a boarded up premises that was once a thriving business. These premises also bring another problem; they become targets for vandalism.
Over the years we have seen the banks use marketing slogans to give the impression that they are friendly, supportive and available. Unfortunately that was true for the bigger businesses, multinational corporations and developers, where prudence and caution were replaced by reckless abandon, which led to disastrous consequences as a result of the lack of good governance. I would not get into a car without brakes but that seems to be how the banks functioned. They went on and on and on but never helped those who might have been able to stay in business if even a small proportion of this capital had been directed towards them.
I was alarmed to read the press release from the Simon Community some days ago that reported an increase in the number of former business owners who are now homeless. The figure was 2% during the boom but it has now increased to 4%. It is a small number but the fact it has doubled is significant. No one wants to see that number increase. This shows how homelessness can happen to anyone. The Wall Street Crash and Great Depression show us many examples of this.
The Simon Community pointed out that the steps from unemployment to homelessness can be gradual and take years. We are only now seeing business people affected by the crash becoming homeless. With the loss of employment and businesses come the loss of homes and, significantly, loss of confidence and self esteem, with resulting effects on health. For some we see a drift into alcohol and drug dependency. For each of those people, there are other people, families, friends and employees, who are also affected and I hope this Bill will do something to prevent those journeys.
During the debate on the second referendum on the Lisbon treaty, we were practically brainwashed that voting “Yes” equated with voting for jobs. That did not happen, instead there was an increase in unemployment. Current unemployment figures would be even higher were it not for emigration. In the lead up to the referendum on the fiscal treaty, the “Yes” campaign consistently refers to the need to increase confidence in the euro to increase foreign investment in Ireland. That is fine but I have seen an email from the American embassy in the past day on a conference the ambassador is hosting in June called “Levelling the Playing Field - Strengthening Ireland’s Competitiveness” and it is being addressed by various well known figures. The blurb makes the point about diversity and opportunity being key drivers of economic recovery and the importance of ideas and innovation for Ireland to be a strong competitor. On the foreign investment line, there have been examples of foreign investment where jobs were created that were beneficial to the local communities where the businesses were located. Sometimes, however, we place too much focus on the foreign investment to the detriment of domestic business. Foreign investment can be sporadic and inconsistent. How much do these foreign companies contribute to the economy? Our corporate tax rate is low, which attracts them in. I do not believe an increase of even 1% would be a deterrent and I have my doubts that we are collecting all of the 12.5%. It also does not prevent foreign investors from high-tailing it when it suits them.
Small and medium enterprises, however, create sustainable employment for local people and use local expertise. The Governments says it is doing what it can to make business life here easier but small and medium enterprises are being crippled by austerity measures. Most struggling businesses agree that the cost of doing business has been increasing. There is no doubt that upward only rents have been an absolute scourge to small business. In times of recession, it is incredible this cannot be altered. I know there are legal obstacles but surely the law exists to serve the people, not to inhibit them from living full lives. There are businesses that would exist today if there had been greater accommodation on the rent issue. I cannot understand how getting no rent is better than getting some rent.
Comparable businesses in other countries are aghast at the rents small businesses must pay here. Commercial rates are also a heavy burden on small, struggling businesses. Surely it makes sense to be accommodating to prevent a business from closing. An ISME survey published last year showed that one third of small businesses are unable to pay rates. In times of recession we increase costs and the recent increases in gas and electricity prices have added to the pressures on small businesses.
A phenomenal amount of money is spent annually on public procurement. This is an important market to which small and medium sized businesses should have access. However, the tendering process tends to favour larger companies which have greater resources. The system is rather bureaucratic, costly and time-consuming. There is a basic unfairness in this area and it results in the squeezing out of small businesses. This is partly a result of agencies bundling contracts and using only a limited number of suppliers. Usually multinationals and large companies do this as well. There is a need for improved public procurement policy to encourage more involvement of small and medium sized enterprises.
One particular segment of the small and medium sized business sector is the printing industry. This area involves many small, long-established businesses which are under severe pressure. Several have closed recently. The Government and previous one could have done a good deal more to ensure the printing business could survive in this country. We should be fair to businesses in this country. I have heard of soccer, rugby and GAA ticket contracts worth €1 million in total being printed abroad. There will probably always be someone abroad who will do things cheaper. This is because rates, rent, service charges, etc. are cheaper abroad. If the economy is to survive, however, and if we wish to stem the increase in unemployment, we must hold on to the jobs already in place here. I know of printers who had invested heavily in new machinery to secure contracts but they were unable to secure them. Quality or ability to do the job were not the issue and, therefore, price was the only issue.
There should be an opportunity for negotiations to keep contracts in the country and to keep jobs here. Recently, large tenders involving the Courts Service and the Garda Ombudsman went to the North. We must concentrate on our businesses here. The loss of revenue to the State as a result of those companies sending printing requirements out of the country is no wonder. An issue arose during the last election whereby certain posters and literature carried the imprint of a name and address in Dublin. However, when people investigated the matter, it turned out that the printer was not based in Dublin or in Ireland. Certain parties sent work abroad but gave the impression that they were giving to work to printing companies in this country. Magazines and books are not being printed here but are being sent for publication in England, Spain and even to China instead.
There is a need for positive discrimination in favour of Irish businesses and jobs. I have seen many examples of entrepreneurship during my teaching career, involving young people with great ideas and great innovation. Mini-companies have been set up by young entrepreneurs and young scientists and so on. The Minister of State, Deputy Sherlock, envisages great potential in the social enterprise and entrepreneurship areas. Science Foundation Ireland is funding a vast amount of research. Dublin has been recognised as the European city of science for 2012 and a major forum is due to take place here in July. This is another potential area for employment. Other positives include the micro-finance fund and the development capital scheme. There is a need to consider upskilling as well.
The late payment of invoices is also an issue for smaller businesses. They are not being paid on time by larger businesses. There are examples of larger businesses leaving the country to secure lucrative contracts abroad while smaller businesses are left here. We must tackle the banks’ bias to lend to larger companies and corporations. I hope the Bill will do so. Although long awaited, it is a good initiative. However, it is only one initiative and I hope there will be more.
We all know of small businesses, many in families for generations, that are part of the fabric of the community that have had to close. Apart from the effect on business and employment, there is a demoralising effect on the community when people are looking at a boarded up premises that was once a thriving business. These premises also bring another problem; they become targets for vandalism.
Over the years we have seen the banks use marketing slogans to give the impression that they are friendly, supportive and available. Unfortunately that was true for the bigger businesses, multinational corporations and developers, where prudence and caution were replaced by reckless abandon, which led to disastrous consequences as a result of the lack of good governance. I would not get into a car without brakes but that seems to be how the banks functioned. They went on and on and on but never helped those who might have been able to stay in business if even a small proportion of this capital had been directed towards them.
I was alarmed to read the press release from the Simon Community some days ago that reported an increase in the number of former business owners who are now homeless. The figure was 2% during the boom but it has now increased to 4%. It is a small number but the fact it has doubled is significant. No one wants to see that number increase. This shows how homelessness can happen to anyone. The Wall Street Crash and Great Depression show us many examples of this.
The Simon Community pointed out that the steps from unemployment to homelessness can be gradual and take years. We are only now seeing business people affected by the crash becoming homeless. With the loss of employment and businesses come the loss of homes and, significantly, loss of confidence and self esteem, with resulting effects on health. For some we see a drift into alcohol and drug dependency. For each of those people, there are other people, families, friends and employees, who are also affected and I hope this Bill will do something to prevent those journeys.
During the debate on the second referendum on the Lisbon treaty, we were practically brainwashed that voting “Yes” equated with voting for jobs. That did not happen, instead there was an increase in unemployment. Current unemployment figures would be even higher were it not for emigration. In the lead up to the referendum on the fiscal treaty, the “Yes” campaign consistently refers to the need to increase confidence in the euro to increase foreign investment in Ireland. That is fine but I have seen an email from the American embassy in the past day on a conference the ambassador is hosting in June called “Levelling the Playing Field - Strengthening Ireland’s Competitiveness” and it is being addressed by various well known figures. The blurb makes the point about diversity and opportunity being key drivers of economic recovery and the importance of ideas and innovation for Ireland to be a strong competitor. On the foreign investment line, there have been examples of foreign investment where jobs were created that were beneficial to the local communities where the businesses were located. Sometimes, however, we place too much focus on the foreign investment to the detriment of domestic business. Foreign investment can be sporadic and inconsistent. How much do these foreign companies contribute to the economy? Our corporate tax rate is low, which attracts them in. I do not believe an increase of even 1% would be a deterrent and I have my doubts that we are collecting all of the 12.5%. It also does not prevent foreign investors from high-tailing it when it suits them.
Small and medium enterprises, however, create sustainable employment for local people and use local expertise. The Governments says it is doing what it can to make business life here easier but small and medium enterprises are being crippled by austerity measures. Most struggling businesses agree that the cost of doing business has been increasing. There is no doubt that upward only rents have been an absolute scourge to small business. In times of recession, it is incredible this cannot be altered. I know there are legal obstacles but surely the law exists to serve the people, not to inhibit them from living full lives. There are businesses that would exist today if there had been greater accommodation on the rent issue. I cannot understand how getting no rent is better than getting some rent.
Comparable businesses in other countries are aghast at the rents small businesses must pay here. Commercial rates are also a heavy burden on small, struggling businesses. Surely it makes sense to be accommodating to prevent a business from closing. An ISME survey published last year showed that one third of small businesses are unable to pay rates. In times of recession we increase costs and the recent increases in gas and electricity prices have added to the pressures on small businesses.
A phenomenal amount of money is spent annually on public procurement. This is an important market to which small and medium sized businesses should have access. However, the tendering process tends to favour larger companies which have greater resources. The system is rather bureaucratic, costly and time-consuming. There is a basic unfairness in this area and it results in the squeezing out of small businesses. This is partly a result of agencies bundling contracts and using only a limited number of suppliers. Usually multinationals and large companies do this as well. There is a need for improved public procurement policy to encourage more involvement of small and medium sized enterprises.
One particular segment of the small and medium sized business sector is the printing industry. This area involves many small, long-established businesses which are under severe pressure. Several have closed recently. The Government and previous one could have done a good deal more to ensure the printing business could survive in this country. We should be fair to businesses in this country. I have heard of soccer, rugby and GAA ticket contracts worth €1 million in total being printed abroad. There will probably always be someone abroad who will do things cheaper. This is because rates, rent, service charges, etc. are cheaper abroad. If the economy is to survive, however, and if we wish to stem the increase in unemployment, we must hold on to the jobs already in place here. I know of printers who had invested heavily in new machinery to secure contracts but they were unable to secure them. Quality or ability to do the job were not the issue and, therefore, price was the only issue.
There should be an opportunity for negotiations to keep contracts in the country and to keep jobs here. Recently, large tenders involving the Courts Service and the Garda Ombudsman went to the North. We must concentrate on our businesses here. The loss of revenue to the State as a result of those companies sending printing requirements out of the country is no wonder. An issue arose during the last election whereby certain posters and literature carried the imprint of a name and address in Dublin. However, when people investigated the matter, it turned out that the printer was not based in Dublin or in Ireland. Certain parties sent work abroad but gave the impression that they were giving to work to printing companies in this country. Magazines and books are not being printed here but are being sent for publication in England, Spain and even to China instead.
There is a need for positive discrimination in favour of Irish businesses and jobs. I have seen many examples of entrepreneurship during my teaching career, involving young people with great ideas and great innovation. Mini-companies have been set up by young entrepreneurs and young scientists and so on. The Minister of State, Deputy Sherlock, envisages great potential in the social enterprise and entrepreneurship areas. Science Foundation Ireland is funding a vast amount of research. Dublin has been recognised as the European city of science for 2012 and a major forum is due to take place here in July. This is another potential area for employment. Other positives include the micro-finance fund and the development capital scheme. There is a need to consider upskilling as well.
The late payment of invoices is also an issue for smaller businesses. They are not being paid on time by larger businesses. There are examples of larger businesses leaving the country to secure lucrative contracts abroad while smaller businesses are left here. We must tackle the banks’ bias to lend to larger companies and corporations. I hope the Bill will do so. Although long awaited, it is a good initiative. However, it is only one initiative and I hope there will be more.
10 May Ireland’s Chairmanship-in-Office of the Organisation for Security & Control in Europe (OSCE): Statements
Click to hear Maureen's statement
Deputy Maureen O’Sullivan: The OSCE has a laudable mandate that stretches from arms control, promotion of human rights, freedom of the press to conflict prevention, crisis management and post-conflict rehabilitation. It is interesting that it emerged from the Helsinki talks where the Russian delegation had felt that it would be a way in which they could control the countries of the Eastern Bloc whereas the countries of Western Europe had a different agenda, and then the collapse of communism brought about a new dimension.
I came across a quotation from Vladimir Putin which he made in 2007. He was accusing the western states of “trying to transform the OSCE into a vulgar instrument designed to promote the foreign policy interests of one or a group of countries”. I thought that somewhat rich given the way in which Russia is using its veto over the rights of the Syrian people.
When one looks at OSCE’s history and development, like many organisations, it had a tendency to grow and grow and to become somewhat unwieldy. Perhaps it has taken on too much and, like a tree with too many branches, needs pruning. Instead of being the talking shop and political platform lacking, as one commentator put it, “competence and an ability to make their mark with a lack of direction”. There are still certain aims on which there is a need to refocus.
When one looks at the history of Europe since the 1970s and asks has the organisation been a success, and one thinks of the conflicts in Chechnya and the Balkans to mention only two, it has been very disappointing. When one looks at the list of its members and the partners for co-operation, a significant number are not following the stated aims of the OSCE. Kazakhstan, for example, even when it had the chairmanship of the organisation, was very slow in carrying out liberal reforms. In Moldova, which is one of the Tánaiste’s priorities, a television station closed recently, which has serious implications for freedom of the press. Cyprus is a member since the early 1970s and we know what is happening there. I would also mention Belarus, Armenia, Azerbaijan. A military camp was closed in Romania because of lead and mercury poisoning, yet it was okay to house Roma families on that camp. We can also note the situation in the Ukraine. One of its partners for co-operation is Morocco and France is a full member. I know the Tánaiste is aware of the issues surrounding the Western Sahara and the way in which both Morocco and France are preventing the people there from self-determination.
There are major challenges for the Tánaiste to refocus the OSCE on what it is supposed to be doing. Another challenge is its public profile, as Deputy Donnelly said. In spite of some 18 intervention missions, I do not believe that it, as an organisation, is well known or that it gets the publicity it deserves.
The Secretary General in an interview in 2009 said, “We’re working to the long haul”. When the Tánaiste opened the in the Royal Hospital Kilmainham he quoted from Yeats’s poem “Lake Isle of Inishfree” and he talked about “peace comes dropping slow”. That indicates that the Tánaiste is very aware of the challenges.
It has taken a while for us to get the chairmanship and I wish the Tánaiste very well on this. He came to a meeting of the Joint Committee on Foreign Affairs and set out his priorities. I know there are protracted conflicts, including the Transdniestrian settlement process, Nagorno Karabakh and Georgia. I had hoped and asked that Bosnia would have been one of his priorities in view of the escalating tensions and difficulties there. Ireland could have and perhaps still can play a role to ensure that democracy prevails, even though it is not one of the Tánaiste’s priorities. We have had meeting with Lord Ashdown and Kurt Bassuener and both see Bosnia Herzegovina as being in a very precarious situation with a need for a renewed commitment to stop the spread of corruption, lawlessness and ethnic chauvinism. I was struck by an OSCE project I read about which is a community engagement in Bosnia Herzegovina and which seems to be very positive.
I support the action plan on combating trafficking. There are certain member counties where we know that girls and young women are very vulnerable to being trafficked. General equality is another core principle, yet there are countries in the OSCE where gender equality is not on the agenda. Even in the countries of the Arab Spring, women seem to be being written out of their role in that history. I will not discuss media freedom.
An Leas-Cheann Comhairle: I must ask the Deputy to conclude her remarks.
Deputy Maureen O’Sullivan: I agree with election monitoring but I cannot understand how election results still stand if election monitors who see wrongdoing, corruption or rigging write a report afterwards. This must be examined. I hope disarmament and non-proliferation will be kept on the agenda.
I came across a quotation from Vladimir Putin which he made in 2007. He was accusing the western states of “trying to transform the OSCE into a vulgar instrument designed to promote the foreign policy interests of one or a group of countries”. I thought that somewhat rich given the way in which Russia is using its veto over the rights of the Syrian people.
When one looks at OSCE’s history and development, like many organisations, it had a tendency to grow and grow and to become somewhat unwieldy. Perhaps it has taken on too much and, like a tree with too many branches, needs pruning. Instead of being the talking shop and political platform lacking, as one commentator put it, “competence and an ability to make their mark with a lack of direction”. There are still certain aims on which there is a need to refocus.
When one looks at the history of Europe since the 1970s and asks has the organisation been a success, and one thinks of the conflicts in Chechnya and the Balkans to mention only two, it has been very disappointing. When one looks at the list of its members and the partners for co-operation, a significant number are not following the stated aims of the OSCE. Kazakhstan, for example, even when it had the chairmanship of the organisation, was very slow in carrying out liberal reforms. In Moldova, which is one of the Tánaiste’s priorities, a television station closed recently, which has serious implications for freedom of the press. Cyprus is a member since the early 1970s and we know what is happening there. I would also mention Belarus, Armenia, Azerbaijan. A military camp was closed in Romania because of lead and mercury poisoning, yet it was okay to house Roma families on that camp. We can also note the situation in the Ukraine. One of its partners for co-operation is Morocco and France is a full member. I know the Tánaiste is aware of the issues surrounding the Western Sahara and the way in which both Morocco and France are preventing the people there from self-determination.
There are major challenges for the Tánaiste to refocus the OSCE on what it is supposed to be doing. Another challenge is its public profile, as Deputy Donnelly said. In spite of some 18 intervention missions, I do not believe that it, as an organisation, is well known or that it gets the publicity it deserves.
The Secretary General in an interview in 2009 said, “We’re working to the long haul”. When the Tánaiste opened the in the Royal Hospital Kilmainham he quoted from Yeats’s poem “Lake Isle of Inishfree” and he talked about “peace comes dropping slow”. That indicates that the Tánaiste is very aware of the challenges.
It has taken a while for us to get the chairmanship and I wish the Tánaiste very well on this. He came to a meeting of the Joint Committee on Foreign Affairs and set out his priorities. I know there are protracted conflicts, including the Transdniestrian settlement process, Nagorno Karabakh and Georgia. I had hoped and asked that Bosnia would have been one of his priorities in view of the escalating tensions and difficulties there. Ireland could have and perhaps still can play a role to ensure that democracy prevails, even though it is not one of the Tánaiste’s priorities. We have had meeting with Lord Ashdown and Kurt Bassuener and both see Bosnia Herzegovina as being in a very precarious situation with a need for a renewed commitment to stop the spread of corruption, lawlessness and ethnic chauvinism. I was struck by an OSCE project I read about which is a community engagement in Bosnia Herzegovina and which seems to be very positive.
I support the action plan on combating trafficking. There are certain member counties where we know that girls and young women are very vulnerable to being trafficked. General equality is another core principle, yet there are countries in the OSCE where gender equality is not on the agenda. Even in the countries of the Arab Spring, women seem to be being written out of their role in that history. I will not discuss media freedom.
An Leas-Cheann Comhairle: I must ask the Deputy to conclude her remarks.
Deputy Maureen O’Sullivan: I agree with election monitoring but I cannot understand how election results still stand if election monitors who see wrongdoing, corruption or rigging write a report afterwards. This must be examined. I hope disarmament and non-proliferation will be kept on the agenda.
10 May Priority Questions - Animal Welfare
Click to hear debate
Deputy Maureen O’Sullivan: asked the Minister for Agriculture; Food and the Marine Information on Simon Coveney Zoom on Simon Coveney if he will provide an account of the consequence to the complaints made to Horse Racing Ireland and the Turf Club in relation to the treatment and welfare of race horses owned by a person which was brought to his attention previously.
Deputy Simon Coveney: I thank Deputy Maureen O’Sullivan for raising this issue again. Earlier this year I responded in detail to questions put down by the Deputy regarding the matters to which she now refers, which is the welfare of horses. I explained, in my earlier replies to the Deputy, my Department’s responsibilities with regard to the welfare of horses and the options open to an individual should he or she wish to refer or progress complaints relating to the welfare of horses.
My Department’s responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only, that is, animals normally bred or kept for the production of food or for use in the purpose of farming. The relevant legislation in the matter raised by the Deputy is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010. Animals “used in competitions/shows, cultural or sporting events or activities while so being used” are outside the scope of my Department. Accordingly, it is clear that complaints relating to the welfare of horses in training, which I believe is to what the Deputy is referring, are not covered by this legislation and, thus, currently fall outside the remit of the Department.
The principal statutes governing cruelty to all animals, including race horses, in this country is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act 1965. Responsibility for enforcing this legislation rests with An Garda Síochána which may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
Rather than reading the rest of this reply, I will make a few other points. We are changing this nonsense because it is ridiculous that my Department cannot follow up on a welfare query in regard to race horses or other horses for that matter. I introduced the Animal Health and Welfare Bill in the Seanad last week, the purpose of which is to bring legislation together to try to stop this type of thing happening where, essentially, there is no Department, apart from the Department of Justice and Equality, through the Garda, with which people can follow up on complaints such as this. The Deputy will see significant legislative change on which she will have an opportunity to contribute in the coming weeks when that Bill is brought before the Dáil.
Additional information not given on the floor of the House.
I have clarified to the Deputy in the past that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for the owner of the race horses to decide if she or he wishes to report matters to the Garda or indeed if he or she wishes to institute civil proceedings. It is my understanding that complaints made to the regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.
The programme for Government 2011 contains a commitment to strengthen legislation on animal cruelty and animal welfare. The main vehicle to fulfil this commitment is the new Animal Health and Welfare Bill which consolidates and updates existing legislation in the area of animal welfare and brings the responsibility for the welfare of all animals under the remit of my Department. The Bill is currently being considered by the Oireachtas.
Deputy Maureen O’Sullivan: I thank the Minister for that answer and for the other answers he gave me about this situation. I know it predates his taking office as the Minister for Agriculture, Food and the Marine and his predecessor, the then Minister, Deputy Brendan Smith, would have dealt with it first. I am delighted about what the Minister said about regarding the welfare of horses in the context of the Animal Health and Welfare Bill. I think he and I will be having a few debates about another animal, the hare, and coursing, and probably fur farming as well. On this matter, I welcome what the Minister has said.
The current position is difficult in terms of to where a complaint should made. When a complaint was made, it went to the Turf Club. It appeared that was a dead end and this gentleman was left with no other recourse. What the Minister is planning in this context is probably too late for him and, in the meantime, I wonder what recourse he has.
Deputy Simon Coveney: I have written to the gentleman concerned. I know the case the Deputy is talking about. He needs to go to the Garda, which has legal responsibility in that regard. I have outlined that to him in some detail in written correspondence and, to be fair, I think the previous Minister probably did so too.
I accept that the legislation in place to deal with animal cruelty, codes of practice or the protection of animals is antiquated. It dates back to the 1911. We live in an entirely different world now. We are trying to modernise that legislation in a relatively large piece of work. It has taken quite some time to draft the Animal Health and Welfare Bill. I think it is good legislation and I would like to get feedback from the Deputy and anybody else who wishes to contribute to it. We might not agree on everything-----
Deputy Maureen O’Sullivan: No.
Deputy Simon Coveney: -----but I am trying to get balanced legislation that takes account of farming and hunting practices in a reasonable way, but also provides appropriate protection for animals to ensure that we do not have either wanton or accidental cruelty because neither is acceptable.
Deputy Maureen O’Sullivan: Having read through the massive correspondence I got from the gentleman, it was very frustrating for him, and for me having read it, that when he brought an issue to the Turf Club and to Horse Racing Ireland it was almost like a dead end. I felt for him that he had to take those issues further instead of getting answers at the time when the matter could have been resolved instead of it continuing on for the number of years that it has.
Deputy Simon Coveney:Nobody likes to see somebody chasing a cause for a long time and not being able to get adequate answers. I am sure he is a genuine person but the appropriate line of investigation here, if the Deputy wants to call it that, and this is my understanding having asked for legal advice on it, is through the Garda. I am not sure whether he has gone down that road but to be fair to Horse Racing Ireland and the Turf Club, they have limited powers and roles as well.
On the issue of equine welfare in Ireland generally, we have done a good deal in working with the Equine Centre in the past year to get a handle on the number of abandoned horses in Ireland. We have also done a good deal of work on the identification and the traceability of horses in terms of microchipping and the provision of passports. There is a good deal happening in this area. Ultimately, the Animal Health and Welfare Bill is the place to deal with this debate from a legislative point of view.
Deputy Maureen O’Sullivan: I look forward to the debate.
Deputy Simon Coveney: I thank Deputy Maureen O’Sullivan for raising this issue again. Earlier this year I responded in detail to questions put down by the Deputy regarding the matters to which she now refers, which is the welfare of horses. I explained, in my earlier replies to the Deputy, my Department’s responsibilities with regard to the welfare of horses and the options open to an individual should he or she wish to refer or progress complaints relating to the welfare of horses.
My Department’s responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only, that is, animals normally bred or kept for the production of food or for use in the purpose of farming. The relevant legislation in the matter raised by the Deputy is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010. Animals “used in competitions/shows, cultural or sporting events or activities while so being used” are outside the scope of my Department. Accordingly, it is clear that complaints relating to the welfare of horses in training, which I believe is to what the Deputy is referring, are not covered by this legislation and, thus, currently fall outside the remit of the Department.
The principal statutes governing cruelty to all animals, including race horses, in this country is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act 1965. Responsibility for enforcing this legislation rests with An Garda Síochána which may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
Rather than reading the rest of this reply, I will make a few other points. We are changing this nonsense because it is ridiculous that my Department cannot follow up on a welfare query in regard to race horses or other horses for that matter. I introduced the Animal Health and Welfare Bill in the Seanad last week, the purpose of which is to bring legislation together to try to stop this type of thing happening where, essentially, there is no Department, apart from the Department of Justice and Equality, through the Garda, with which people can follow up on complaints such as this. The Deputy will see significant legislative change on which she will have an opportunity to contribute in the coming weeks when that Bill is brought before the Dáil.
Additional information not given on the floor of the House.
I have clarified to the Deputy in the past that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for the owner of the race horses to decide if she or he wishes to report matters to the Garda or indeed if he or she wishes to institute civil proceedings. It is my understanding that complaints made to the regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.
The programme for Government 2011 contains a commitment to strengthen legislation on animal cruelty and animal welfare. The main vehicle to fulfil this commitment is the new Animal Health and Welfare Bill which consolidates and updates existing legislation in the area of animal welfare and brings the responsibility for the welfare of all animals under the remit of my Department. The Bill is currently being considered by the Oireachtas.
Deputy Maureen O’Sullivan: I thank the Minister for that answer and for the other answers he gave me about this situation. I know it predates his taking office as the Minister for Agriculture, Food and the Marine and his predecessor, the then Minister, Deputy Brendan Smith, would have dealt with it first. I am delighted about what the Minister said about regarding the welfare of horses in the context of the Animal Health and Welfare Bill. I think he and I will be having a few debates about another animal, the hare, and coursing, and probably fur farming as well. On this matter, I welcome what the Minister has said.
The current position is difficult in terms of to where a complaint should made. When a complaint was made, it went to the Turf Club. It appeared that was a dead end and this gentleman was left with no other recourse. What the Minister is planning in this context is probably too late for him and, in the meantime, I wonder what recourse he has.
Deputy Simon Coveney: I have written to the gentleman concerned. I know the case the Deputy is talking about. He needs to go to the Garda, which has legal responsibility in that regard. I have outlined that to him in some detail in written correspondence and, to be fair, I think the previous Minister probably did so too.
I accept that the legislation in place to deal with animal cruelty, codes of practice or the protection of animals is antiquated. It dates back to the 1911. We live in an entirely different world now. We are trying to modernise that legislation in a relatively large piece of work. It has taken quite some time to draft the Animal Health and Welfare Bill. I think it is good legislation and I would like to get feedback from the Deputy and anybody else who wishes to contribute to it. We might not agree on everything-----
Deputy Maureen O’Sullivan: No.
Deputy Simon Coveney: -----but I am trying to get balanced legislation that takes account of farming and hunting practices in a reasonable way, but also provides appropriate protection for animals to ensure that we do not have either wanton or accidental cruelty because neither is acceptable.
Deputy Maureen O’Sullivan: Having read through the massive correspondence I got from the gentleman, it was very frustrating for him, and for me having read it, that when he brought an issue to the Turf Club and to Horse Racing Ireland it was almost like a dead end. I felt for him that he had to take those issues further instead of getting answers at the time when the matter could have been resolved instead of it continuing on for the number of years that it has.
Deputy Simon Coveney:Nobody likes to see somebody chasing a cause for a long time and not being able to get adequate answers. I am sure he is a genuine person but the appropriate line of investigation here, if the Deputy wants to call it that, and this is my understanding having asked for legal advice on it, is through the Garda. I am not sure whether he has gone down that road but to be fair to Horse Racing Ireland and the Turf Club, they have limited powers and roles as well.
On the issue of equine welfare in Ireland generally, we have done a good deal in working with the Equine Centre in the past year to get a handle on the number of abandoned horses in Ireland. We have also done a good deal of work on the identification and the traceability of horses in terms of microchipping and the provision of passports. There is a good deal happening in this area. Ultimately, the Animal Health and Welfare Bill is the place to deal with this debate from a legislative point of view.
Deputy Maureen O’Sullivan: I look forward to the debate.
09 May Domicilary Care Allowance Private Members' Motion (Dáil Technical Group)
Click to hear Maureen speaking
I am sharing time with Deputy Boyd Barrett. My view is very simple. The needs of people with mental health issues and disabilities, and their loved ones, should be sacrosanct when formulating budgets. The word “cuts” should never be used for people who have a disability or a mental health issue. They have enough stress to deal with in their lives without having the additional stress of wondering about their income. Government Departments and services should be making life easier for those people, not more difficult. However, it is clear from the calls we have received and the meetings we have attended that life has become much more difficult since the transfer of assessment, review and appeals to the Department of Social Protection.
I acknowledge the work of Deputies Catherine Murphy, Richard Boyd Barrett, Thomas Pringle and Finian McGrath in bringing this very serious matter before the Dáil. Life has been made more difficult for these people because assessments are being carried out by people who do not have specialised knowledge of disability. It is also more difficult due to the appeals process and the extra expense parents must undertake to get medical evidence. It is also more difficult due to the waiting period of 38 weeks for an oral appeal.
Our motion refers to the number of successful appeals, which amounts to 52%. I am delighted those appeals were successful but one must ask why those applications were turned down in the first instance. I am sure the 52% are also delighted with their successful appeals but consider the cost to them emotionally, psychologically and even physically of having to go through that process and the extra stress and burden it imposed on them. The initial refusal must have been devastating for them. That was followed by the appeals process and the wait. I also wonder about the other 48% and how their lives are now. What were the grounds for turning down their appeals? The motion calls for decisions on applications not qualifying to state the specific reasons. Another part of the motion calls for the details of decisions, while preserving the anonymity of the applicants, to be complaint with Article 34.1 of the Constitution, which states that “justice shall be administered in public”.
The Minister acknowledged that the domiciliary care allowance is an important support for people who live with and care for children with a disability. The amendment refers to the extra 2,000 recipients, the €100 million cost and the respite care grant. They sound like considerable amounts, but they are not when one looks at the overall budget for social protection. If the scheme was working as well as the Government’s amendment suggests, we would not be having this debate. However, we have been hearing the opposite from the groups and the parents. They tell a very different tale.
Every expectant parent hopes for the arrival of a healthy baby but, unfortunately, life does not always turn out that way. Babies are born with a variety of disabilities, physical, mental and sometimes both. When one listens to the parents, it brings home the implications of supporting and rearing a child with a disability. There are Members of the Dáil and Seanad, as well as parents in the Visitors Gallery this evening, who have children with special needs. They know it is a 24-hour-day, 365-days-a-year task and they are lucky if they get some respite. They deal with children who have no communication skills, no concept of danger awareness, sensory deprivation and compulsive behaviours. It is interesting to listen to parents refer to themselves as warriors and stating it is like going into battle for one’s child because the services are not adequate. One must fight for everything, including resource hours, special needs assistants, occupational therapy and speech and language supports. Life definitely is not being made easier for such people. I met parents yesterday for whom the story was the same. They were obliged to fight and struggle strenuously to get the resources their children needed. Members see the flaws in the system, including the diagnostic codes, the sheer bureaucracy and the delays.
On the call for the review, I add my voice to those who state the voices which must be listened to are those of the parents and groups who are actively involved with such children. In the case of a child with autism, dyspraxia or Asperger’s syndrome, there is no cure and consequently their lives will not change. While they might be provided with strategies to help them to cope with life, the needs will always remain. A particular issue in this regard is that for parents who have a child with Down’s syndrome or a physical disability, the condition is visible but this is not the case for autistic children and not sufficient cognisance is given to this aspect. I support the call by the Autism Rights and Equality Alliance for the Government to develop a comprehensive autism lifespan strategy for those concerned, which would eliminate the need for crisis interventions or the obligation to telephone one’s public representative to get one’s entitlements, because one’s needs would be addressed.
I acknowledge the work of Deputies Catherine Murphy, Richard Boyd Barrett, Thomas Pringle and Finian McGrath in bringing this very serious matter before the Dáil. Life has been made more difficult for these people because assessments are being carried out by people who do not have specialised knowledge of disability. It is also more difficult due to the appeals process and the extra expense parents must undertake to get medical evidence. It is also more difficult due to the waiting period of 38 weeks for an oral appeal.
Our motion refers to the number of successful appeals, which amounts to 52%. I am delighted those appeals were successful but one must ask why those applications were turned down in the first instance. I am sure the 52% are also delighted with their successful appeals but consider the cost to them emotionally, psychologically and even physically of having to go through that process and the extra stress and burden it imposed on them. The initial refusal must have been devastating for them. That was followed by the appeals process and the wait. I also wonder about the other 48% and how their lives are now. What were the grounds for turning down their appeals? The motion calls for decisions on applications not qualifying to state the specific reasons. Another part of the motion calls for the details of decisions, while preserving the anonymity of the applicants, to be complaint with Article 34.1 of the Constitution, which states that “justice shall be administered in public”.
The Minister acknowledged that the domiciliary care allowance is an important support for people who live with and care for children with a disability. The amendment refers to the extra 2,000 recipients, the €100 million cost and the respite care grant. They sound like considerable amounts, but they are not when one looks at the overall budget for social protection. If the scheme was working as well as the Government’s amendment suggests, we would not be having this debate. However, we have been hearing the opposite from the groups and the parents. They tell a very different tale.
Every expectant parent hopes for the arrival of a healthy baby but, unfortunately, life does not always turn out that way. Babies are born with a variety of disabilities, physical, mental and sometimes both. When one listens to the parents, it brings home the implications of supporting and rearing a child with a disability. There are Members of the Dáil and Seanad, as well as parents in the Visitors Gallery this evening, who have children with special needs. They know it is a 24-hour-day, 365-days-a-year task and they are lucky if they get some respite. They deal with children who have no communication skills, no concept of danger awareness, sensory deprivation and compulsive behaviours. It is interesting to listen to parents refer to themselves as warriors and stating it is like going into battle for one’s child because the services are not adequate. One must fight for everything, including resource hours, special needs assistants, occupational therapy and speech and language supports. Life definitely is not being made easier for such people. I met parents yesterday for whom the story was the same. They were obliged to fight and struggle strenuously to get the resources their children needed. Members see the flaws in the system, including the diagnostic codes, the sheer bureaucracy and the delays.
On the call for the review, I add my voice to those who state the voices which must be listened to are those of the parents and groups who are actively involved with such children. In the case of a child with autism, dyspraxia or Asperger’s syndrome, there is no cure and consequently their lives will not change. While they might be provided with strategies to help them to cope with life, the needs will always remain. A particular issue in this regard is that for parents who have a child with Down’s syndrome or a physical disability, the condition is visible but this is not the case for autistic children and not sufficient cognisance is given to this aspect. I support the call by the Autism Rights and Equality Alliance for the Government to develop a comprehensive autism lifespan strategy for those concerned, which would eliminate the need for crisis interventions or the obligation to telephone one’s public representative to get one’s entitlements, because one’s needs would be addressed.
3 May Topical Issue Debate - Human Rights - Maghaberry Prisons
Click to see Topical Issue
Maureen O'Sullivan, 'I thank the Ceann Comhairle for allowing us to raise this matter. The issue of the prisoners in Maghaberry Prison has been long neglected and is getting very little publicity. We are not talking about the political views of these prisoners, but the human rights conditions in which they have been held for quite a while. I will discuss the case of Marion Price, while Deputy Pringle will speak about two other prisoners.
Until February, Marion Price was held practically in solitary confinement in an all male prison. She has now been moved to a so-called health centre, which I do not believe is addressing her health issues. There are questions about the lawfulness of her detention and the term “administrative internment” is also being used. She was re-arrested when she was out on bail on the order of the Secretary of State, so I think there are issues here about the independence of the Judiciary.
I followed up on prisoner rights and human rights issues for prisoners in China, Iran and Bahrain recently, and then I discovered that this was an issue just 100 km up the road. I tabled a question to the Minister for Justice and Equality in January, who told me that the Tánaiste was in discussions with the Minister of State in Northern Ireland. I then followed that with two questions to the Tánaiste and the gist of his response was that the situation was being monitored. More definite detail is needed on this. What exactly is going on? Does the Tánaiste feel that he has role on a prisoner rights and human rights issue up the road in Northern Ireland?
Deputy Thomas Pringle: I thank the Ceann Comhairle for giving me the opportunity to raise this issue. As Deputy O’Sullivan has outlined, this is a very important human rights issue on the island of Ireland that we need to address. Many Members have been quick to raise issues in Tibet, China and elsewhere, but we need to be cognisant of what is happening on our own island to Irish citizens.
There is an agreement in Maghaberry between the Department of Justice in Northern Ireland and the prisoners that will resolve the protests that have been going on there for the last few years, but the Northern Ireland Prison Service refuses to implement that agreement. This means that the conditions under the prisoners have to live are continuing. I impress on the Tánaiste and the Minister of State, Deputy Costello, the need to make forceful representations to the Minister for Justice in the Six Counties, and to the Northern Ireland Prison Service, to ensure that this agreement is implemented so that the protest can be ended and the prisoners can complete their sentences in some sort of dignity.
I also wish to raise the specific case of Brian Shivers, who is currently being held in Maghaberry as well, awaiting appeal for a conviction that he received a few months ago. Mr. Shivers suffers from cystic fibrosis and he is 46 years old. Life expectancy in the UK for sufferers of cystic fibrosis is 39 years, so he has already exceeded that. He has been denied medical treatment in Maghaberry Prison for the last six weeks by the Northern Ireland Prison Service. The service has refused to give him his medication so he can alleviate his condition, and it is a very serious issue for an Irish citizen to be held in those conditions. There is correspondence from the South Eastern Health and Social Care Trust, which has agreed to offer training to prison staff to administer his medication in a proper manner, but this has not been availed of to date.
I wrote to the Tánaiste on 20 April in relation to this issue but, as yet, I have not even received an acknowledgment from him. It is vitally important that these matters be brought up forcefully. On human rights grounds, prisoners should be treated with respect and dignity.
Minister of State at the Department of Foreign Affairs and Trade (Deputy Joe Costello): Information on Joe Costello Zoom on Joe Costello I thank both Deputies for putting the case for prisoners’ in Maghaberry Prison so succinctly.
The Government is aware of a number of concerns which have been expressed regarding human rights conditions of prisoners currently being held in Maghaberry Prison in Northern Ireland. The Tánaiste has raised the issue with authorities in Northern Ireland on a number of occasions, most recently on 27 April with the Secretary of State for Northern Ireland, Owen Paterson, and on 20 April with the Minister of Justice in the Northern Ireland Assembly, David Ford.
There are a number of ongoing issues concerning a group of prisoners held in a separated prisoners’ regime in Maghaberry. This group has been on dirty protest since May 2011 over conditions and practices in the prison, particularly the use of full body searches. This is a highly contentious and emotive issue and I understand that concerted efforts have been made to facilitate an agreement which would see a regime put in place acceptable to all parties. Recent incidents in Maghaberry Prison have made these efforts more difficult, as any agreement would need to balance the security concerns of the prison authorities with the issues raised by the prisoners.
I welcome the recent announcement by Minister Ford that full body scanner devices are to be used in a trial pilot scheme in Maghaberry Prison. The use of such technology might address the concerns of prisoners regarding a full body search regime.
In a wider context, huge progress has been made by the Northern Ireland Department of Justice and the Northern Ireland Prison Service in relation to implementing the recommendations of the Owers report for prison reform. This report outlined a series of reforms which will fundamentally change how prisons are operated and organised in Northern Ireland. The report team undertook a 360 degree review of the prison system and had a very strong focus on how best to protect the human rights of prisoners. Minister Ford, in a recent conversation with the Tánaiste, spoke positively of how the implementation of the report’s recommendations was progressing and there is no doubt as to his commitment to reforming the prison services to the benefit of all stakeholders. The full implementation of the Owers report will be the most effective way to ensure that human rights of all prisoners in Northern Ireland, not just in Maghaberry Prison, are fully observed.
Department of Foreign Affairs and Trade officials have been instructed to continue to monitor any further developments on these issues. The Government will continue to take an active interest in this subject and will make appropriate representations where necessary.
Deputy Maureen O’Sullivan: I thank the Minister of State for the reply, but it is disappointing. I am sure the Minister of State is also disappointed because I know of his role in prisoners’ issues in Dublin Central and with my predecessor, the late Tony Gregory.
The Pat Finucane Centre, which is a non-party political and anti-sectarian human rights group committed to the non-violent resolution of conflict situations has taken these issues up and has been in touch with the Tánaiste. I wonder if he has responded to the centre.
Terms like “aware of”, “raised issues” and “continue to monitor” sound very nice but there is no action behind them. Meanwhile the situation in Maghaberry has been ongoing for almost a year. Reforms are never worth the paper they are written on unless they are implemented. From the Minister of State’s answer it sounds as though these issues are being kicked to touch. There has been reform and a report and everything is going to be fine, but in the meantime there are serious health and human rights issues for the prisoners.
We did not mention another prisoner, Gerry McGeough, and I know there are others besides the three we mentioned.
Deputy Thomas Pringle: Like Deputy O’Sullivan, I am disappointed by the Minister of State’s response. A sense of urgency needs to be impressed on Department officials when they are dealing with their counterparts in the Six Counties to ensure the reforms are implemented without delay.
The introduction of full body scanners might go some way to relieving the conditions in Maghaberry, particularly for prisoners who are strip searched on numerous occasions on days when they receive several visits. That should not be allowed to continue in any civilised society. It merely heightens the sense of conflict and deteriorates the situation even further.
I ask that the Tánaiste make representations regarding Brian Chivers. His life is at risk due to his illness and his life expectancy will be curtailed by the conditions in which he is being forced to live. He is being denied life-saving and life-maintaining medical treatment. That is not acceptable in this country in this day and age.
Deputy Joe Costello: I take on board what the Deputies said. I will speak to the Tánaiste about the matter. He spoke to the Minister for Justice, David Ford, and the Secretary of State for Northern Ireland, Owen Paterson, in April. I will bring the issues the Deputies raised to the Tánaiste’s attention.
I do not propose to discuss the individual cases the Deputies mentioned. I appreciate the necessity to take early action regarding the medical situation referred to. I hope there can be an early resolution to these matters. We do not want to go back from the Good Friday Agreement. There is still dissident activity in Northern Ireland and in the prison context, but we want to get overall agreement. I understand the authorities in Northern Ireland are seeking to get that agreement.
I will speak to the Tánaiste about the matter and encourage him to bring his good offices to bear to resolve the matter as quickly as possible.
Until February, Marion Price was held practically in solitary confinement in an all male prison. She has now been moved to a so-called health centre, which I do not believe is addressing her health issues. There are questions about the lawfulness of her detention and the term “administrative internment” is also being used. She was re-arrested when she was out on bail on the order of the Secretary of State, so I think there are issues here about the independence of the Judiciary.
I followed up on prisoner rights and human rights issues for prisoners in China, Iran and Bahrain recently, and then I discovered that this was an issue just 100 km up the road. I tabled a question to the Minister for Justice and Equality in January, who told me that the Tánaiste was in discussions with the Minister of State in Northern Ireland. I then followed that with two questions to the Tánaiste and the gist of his response was that the situation was being monitored. More definite detail is needed on this. What exactly is going on? Does the Tánaiste feel that he has role on a prisoner rights and human rights issue up the road in Northern Ireland?
Deputy Thomas Pringle: I thank the Ceann Comhairle for giving me the opportunity to raise this issue. As Deputy O’Sullivan has outlined, this is a very important human rights issue on the island of Ireland that we need to address. Many Members have been quick to raise issues in Tibet, China and elsewhere, but we need to be cognisant of what is happening on our own island to Irish citizens.
There is an agreement in Maghaberry between the Department of Justice in Northern Ireland and the prisoners that will resolve the protests that have been going on there for the last few years, but the Northern Ireland Prison Service refuses to implement that agreement. This means that the conditions under the prisoners have to live are continuing. I impress on the Tánaiste and the Minister of State, Deputy Costello, the need to make forceful representations to the Minister for Justice in the Six Counties, and to the Northern Ireland Prison Service, to ensure that this agreement is implemented so that the protest can be ended and the prisoners can complete their sentences in some sort of dignity.
I also wish to raise the specific case of Brian Shivers, who is currently being held in Maghaberry as well, awaiting appeal for a conviction that he received a few months ago. Mr. Shivers suffers from cystic fibrosis and he is 46 years old. Life expectancy in the UK for sufferers of cystic fibrosis is 39 years, so he has already exceeded that. He has been denied medical treatment in Maghaberry Prison for the last six weeks by the Northern Ireland Prison Service. The service has refused to give him his medication so he can alleviate his condition, and it is a very serious issue for an Irish citizen to be held in those conditions. There is correspondence from the South Eastern Health and Social Care Trust, which has agreed to offer training to prison staff to administer his medication in a proper manner, but this has not been availed of to date.
I wrote to the Tánaiste on 20 April in relation to this issue but, as yet, I have not even received an acknowledgment from him. It is vitally important that these matters be brought up forcefully. On human rights grounds, prisoners should be treated with respect and dignity.
Minister of State at the Department of Foreign Affairs and Trade (Deputy Joe Costello): Information on Joe Costello Zoom on Joe Costello I thank both Deputies for putting the case for prisoners’ in Maghaberry Prison so succinctly.
The Government is aware of a number of concerns which have been expressed regarding human rights conditions of prisoners currently being held in Maghaberry Prison in Northern Ireland. The Tánaiste has raised the issue with authorities in Northern Ireland on a number of occasions, most recently on 27 April with the Secretary of State for Northern Ireland, Owen Paterson, and on 20 April with the Minister of Justice in the Northern Ireland Assembly, David Ford.
There are a number of ongoing issues concerning a group of prisoners held in a separated prisoners’ regime in Maghaberry. This group has been on dirty protest since May 2011 over conditions and practices in the prison, particularly the use of full body searches. This is a highly contentious and emotive issue and I understand that concerted efforts have been made to facilitate an agreement which would see a regime put in place acceptable to all parties. Recent incidents in Maghaberry Prison have made these efforts more difficult, as any agreement would need to balance the security concerns of the prison authorities with the issues raised by the prisoners.
I welcome the recent announcement by Minister Ford that full body scanner devices are to be used in a trial pilot scheme in Maghaberry Prison. The use of such technology might address the concerns of prisoners regarding a full body search regime.
In a wider context, huge progress has been made by the Northern Ireland Department of Justice and the Northern Ireland Prison Service in relation to implementing the recommendations of the Owers report for prison reform. This report outlined a series of reforms which will fundamentally change how prisons are operated and organised in Northern Ireland. The report team undertook a 360 degree review of the prison system and had a very strong focus on how best to protect the human rights of prisoners. Minister Ford, in a recent conversation with the Tánaiste, spoke positively of how the implementation of the report’s recommendations was progressing and there is no doubt as to his commitment to reforming the prison services to the benefit of all stakeholders. The full implementation of the Owers report will be the most effective way to ensure that human rights of all prisoners in Northern Ireland, not just in Maghaberry Prison, are fully observed.
Department of Foreign Affairs and Trade officials have been instructed to continue to monitor any further developments on these issues. The Government will continue to take an active interest in this subject and will make appropriate representations where necessary.
Deputy Maureen O’Sullivan: I thank the Minister of State for the reply, but it is disappointing. I am sure the Minister of State is also disappointed because I know of his role in prisoners’ issues in Dublin Central and with my predecessor, the late Tony Gregory.
The Pat Finucane Centre, which is a non-party political and anti-sectarian human rights group committed to the non-violent resolution of conflict situations has taken these issues up and has been in touch with the Tánaiste. I wonder if he has responded to the centre.
Terms like “aware of”, “raised issues” and “continue to monitor” sound very nice but there is no action behind them. Meanwhile the situation in Maghaberry has been ongoing for almost a year. Reforms are never worth the paper they are written on unless they are implemented. From the Minister of State’s answer it sounds as though these issues are being kicked to touch. There has been reform and a report and everything is going to be fine, but in the meantime there are serious health and human rights issues for the prisoners.
We did not mention another prisoner, Gerry McGeough, and I know there are others besides the three we mentioned.
Deputy Thomas Pringle: Like Deputy O’Sullivan, I am disappointed by the Minister of State’s response. A sense of urgency needs to be impressed on Department officials when they are dealing with their counterparts in the Six Counties to ensure the reforms are implemented without delay.
The introduction of full body scanners might go some way to relieving the conditions in Maghaberry, particularly for prisoners who are strip searched on numerous occasions on days when they receive several visits. That should not be allowed to continue in any civilised society. It merely heightens the sense of conflict and deteriorates the situation even further.
I ask that the Tánaiste make representations regarding Brian Chivers. His life is at risk due to his illness and his life expectancy will be curtailed by the conditions in which he is being forced to live. He is being denied life-saving and life-maintaining medical treatment. That is not acceptable in this country in this day and age.
Deputy Joe Costello: I take on board what the Deputies said. I will speak to the Tánaiste about the matter. He spoke to the Minister for Justice, David Ford, and the Secretary of State for Northern Ireland, Owen Paterson, in April. I will bring the issues the Deputies raised to the Tánaiste’s attention.
I do not propose to discuss the individual cases the Deputies mentioned. I appreciate the necessity to take early action regarding the medical situation referred to. I hope there can be an early resolution to these matters. We do not want to go back from the Good Friday Agreement. There is still dissident activity in Northern Ireland and in the prison context, but we want to get overall agreement. I understand the authorities in Northern Ireland are seeking to get that agreement.
I will speak to the Tánaiste about the matter and encourage him to bring his good offices to bear to resolve the matter as quickly as possible.
