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Seanad Éireann debate -
Thursday, 22 Jun 2017

Vol. 252 No. 8

Commencement Matters

Brexit Issues

I welcome the Minister and wish him every luck with his new portfolio.

Maidin maith agaibh. I was not sure this fell within the Minister's remit but I am glad to see him back and I congratulate him on his new appointment. Perhaps he hoped he would get away from the issue of Brexit and the North for a wee bit. A bit like the Corleones, as soon as he thought he was out, they pulled him back in. Here we are and I appreciate the Minister coming before us, particularly as this is an important matter which we have discussed before.

As the Minister has outlined to a considerable extent, Brexit has caused a great deal of uncertainty across this island, in Britain and throughout Europe. It is fair to say that in the cut and thrust of debate and in the highlighting of people's concerns, one of the matters that have fallen below the surface is that which relates to the status of ethnic minorities and non-European Union citizens who are resident in the North. As a result of Brexit, the uncertainty around their status is particularly pronounced and it adds pressure to a section of society that is already vulnerable as a result of their status.

I hope to discover from the Minister whether this important issue has been factored into the Government's consideration and negotiating stance. A number of organisations representing the ethnic minority community have come together in the North. If the Minister has not seen it already, there is probably an outstanding request from them to meet him. The organisations in question represent a broad range of new communities and ethnic minorities seeking an amendment to the Irish Nationality and Citizenship Act 2004. I appreciate I am preaching to the choir and the Minister knows that, under the terms of the Good Friday Agreement, people born on the island of Ireland may avail of Irish or British citizenship, or both. For many of our ethnic minority communities, that is not the case. This means members of ethnic minority communities and immigrants may be here from EU or non-EU states and may be resident in the North and have children who were born here and who qualify for Irish citizenship. They are rearing families in communities here and they identify as Irish and new Irish. Their children may be in Gaelscoileanna or playing for their local GAA clubs. Brexit has added much concern, fear and uncertainty for them.

That concern, fear and uncertainty is as pronounced as it is among EU citizens living in the North who wish, because of their status, to avail of Irish citizenship but cannot do so. Some of the more established and older settled communities in the North, such as the Chinese, Indian and Middle Eastern communities, have reared families, opened businesses and contributed to life, helping in their own way to build the peace and reconciliation process. They are deeply concerned, particularly those with children who are Irish citizens and who have Irish passports. I do not like the term "naturalisation" but naturalisation period relating to the people to whom I refer only qualifies them to apply for British citizenship and passports in the North.

I appreciate that the situation at present is somewhat hypothetical and not exactly tangible. My understanding is that the Government could take the initiative to amend the Act, which would be very important and symbolic. It would also, in practical terms, be supportive of the ethnic minority communities in the North that are deeply concerned about their status as a result of Brexit.

I thank Senator Ó Donnghaile for raising this matter. It gives me an opportunity to clarify the situation. The Irish Nationality and Citizenship Act 1956, as amended, sets out the law governing Irish citizenship. The Act distinguishes between the entitlement to Irish citizenship by birth and descent and to the acquisition through the process of naturalisation. With regard to citizenship by means of birth in the island of Ireland, the Act specifies certain residence requirements which must be made immediately preceding the birth of the child, where the child is born to non-nationals.

Prior to 1 January 2005, every person born on the island of Ireland was entitled to be an Irish citizen regardless of any lack of ties to Ireland. Following a referendum of the Irish people the 27th amendment of the Constitution changed the situation in relation to entitlement to Irish citizenship. As a result the 1956 Act was amended by the Irish Nationality and Citizenship Act 2004. The changes came in to effect on the first day of January 2005. As and from that date, a child born in the island of Ireland to certain non-nationals is not entitled to be an Irish citizen unless the child's parents have been lawfully resident in the island of Ireland for a total of three years during the four years preceding the birth of the child. Periods of residence which are unlawful, for the sole purpose of having an application for refugee status determined or for the purpose of study are excluded from the determination of periods of reckonable residence. The position of foreign nationals, whether residing in the jurisdiction of the State, or in Northern Ireland or any other jurisdiction, is solely a matter for the authorities of the relevant jurisdiction, including where the foreign national may be a parent of an Irish citizen child. The sole fact of being the parent of an Irish citizen child does not bestow to the parent any entitlement to Irish citizenship. The grant of Irish citizenship through naturalisation is based on the individual satisfying the statutory conditions for naturalisation, which includes having the required lawful residence in the jurisdiction of this State.

It is, however, open to the parents of an Irish child to make an application for Irish citizenship through naturalisation, if and when they fulfil the conditions for naturalisation as set out in the Act. The eligibility for a grant of Irish citizenship through naturalisation, as mentioned previously, is based on the individual having the required lawful residence in the jurisdiction of this State. Residency in the jurisdiction of Northern Ireland is not reckonable under the Act for the purposes of naturalisation, except in circumstances where the application is grounded upon being the spouse or civil partner of an Irish citizen.

From a Brexit perspective, and these are the circumstances under which Senator Ó Donnghaile has raised this matter, it is important to be clear about the scope, and about what is outside the scope of the Article 50 negotiations as they relate to residency or other rights. In this context, the negotiations are primarily concerned with the impacts on the European Union nationals in the UK, including in Northern Ireland, and the corollary of UK nationals in the European Union. This specific strand of the negotiations has been prioritised for early consideration between the negotiating parties. This does not change the right of persons born in Northern Ireland under the Good Friday Agreement. Persons may apply for Irish citizenship in accordance with the legislative changes arising from the Good Friday Agreement. The question of citizenship, however, remains very much a national competency.

Obviously Ireland is maintaining very close contact with these negotiations and I would be very happy to keep the House informed. I very much acknowledge the point raised by Seanadóir Ó Donnghaile and I recognise his own - if I can describe it as such - specialist interest in this issue. I will be happy to keep the House fully informed or to meet with the Seanadóir on any occasion he feels it may be helpful to the points as raised.

That is a good offer for the Senator.

I welcome the offer and I appreciate that the Minister, Deputy Flanagan, is new in to the post and that he will bring his own nuances and expertise as he moves ahead. This issue merits us looking at it and I appreciate the complexities of the matter. We have an obligation to look at it given that there are citizens in the North who very much identify as Irish. They have lived in the North for many years and want to engage in seeking a positive way in which to be part and parcel of the life of Ireland in its entirety. Perhaps the Minister will meet not just with me, but might also consider meeting with representatives of the group that is campaigning on this issue. I appreciate the Minister's response and his offer to meet.

By way of conclusion, the Seanadóir said at the outset that this is a hypothetical situation and it does not have any effect yet. It is difficult to be precise about the avenue down which we should proceed in this respect. For clarity, the position of third country nationals who may be residing in Northern Ireland, including those who may have a child or children born in Northern Ireland, is that they currently have no entitlement to Irish citizenship simply by virtue of their residing in Northern Ireland, nor do they have any entitlement to unfettered free movement under the common travel area. In effect, their position as it relates to Irish citizenship remains very much unchanged. I repeat the point that the grant of citizenship remains very much a national competency. There are no current plans to amend the legislation.

The House is aware that it is our intention to maintain the existing arrangements with regard to the UK and the Government position is to protect the arrangements that have been longstanding under the common travel area arrangement between Ireland and the UK. We do not plan to change the current position in advance of knowing; so far as the issue of citizenship is concerned, I believe that Senator Ó Donnghaile will accept the point that we really need to know what the ultimate arrangements will be around the withdrawal of the UK from the European Union. Should any issue arise during the course of the negotiations between the UK and the other EU member states, I would be happy to revisit the issue. I would certainly be happy to undertake to keep the House informed of any issues that may arise that may warrant an opportunity to revisit the current arrangements.

Hospital Consultant Recruitment

I wish to raise the issue of hospital consultant post vacancies that currently exist in hospitals. It is my understanding, from the information I have received, that there are some 400 vacancies for consultant posts. As the Minister for Education and Skills, Deputy Bruton, will remember, in 2011-12 there was a cut in consultant salaries of up to 30%. That has not changed because it was a new form of contract that was offered. We are not, however, competing just in the Irish and UK markets anymore, but the world market. Ireland seems to have huge difficulties now in this regard. Some posts have been advertised and there have been no applicants at all. This is a cause for serious concern. Eight or nine years ago there was, on average, at least six applicants for every consultant post advertised. This is now down to under two applicants per consultant post advertised. Ireland has waiting lists in hospitals and if we do not have the medical consultants with expertise to provide the care that people require, there is major concern that those waiting lists will continue to grow.

What do we need to do in order to deal with this issue? Do we need to change the terms of the contracts that are being offered, and how do we do that? We need to enter into a consultation process regarding the best way forward, because unless these key people are there then our health service cannot progress and improve. It is extremely important that priority is given to this issue.

I thank the Senator for raising this issue. I am replying on behalf of the Minister for Health.

The position is that there are 2,427 approved consultant permanent posts and 201 temporary posts. I am informed by the HSE that there are 392 other approved posts. The current status of these posts has not been reported at this time but it is expected shortly. It points out that this does not mean that those posts are vacant, particularly in the case of specialist and critical posts. Those posts are often filled by locum or agency doctors.

There are very considerable challenges in recruiting consultants at present, and Senator Colm Burke has made that clear. This is due to worldwide shortages and international competition. At the same time there is steady progress in expanding the consultant workforce. It has been increased by 1,000 since 2004. In the last 12 months there were 120 added, and the previous year there were 94 additional consultants. There is a continual process of recruitment and expanding of the consultant base, and indeed during the crash years the embargo which was in place did not apply to consultants. The baseline has increased. The number of non-consultant hospital doctors has also increased by 1,000 posts in the last two years.

To try to deal with the issue of recruitment, a consultant recruitment committee has been established which has focused on trying to streamline the process. A simplified application form is in place, and there is a simplified and individualised induction programme. The evidence from the group is that the number of vacant consultant posts is gradually reducing but with the desire to expand there are more posts being advertised. To facilitate better movement an e-system has been developed to improve the quality of information available regarding consultant posts and consultants employed in the health service, and each clinical site has had training as to how to match consultants employed at their sites to the posts to try and make this a more effective process.

The final piece of the jigsaw is that the group chaired by Professor Brian MacCraith of DCU was established to carry out a strategic review of medical training and career structures and to examine and make high-level recommendations relating to training and career pathways for doctors in response to recruitment and retention challenges, both in non-consultant hospital doctors, NCHDs, and at consultant level. That group made 25 recommendations in June 2014, and those are being pursued. There is an implementation group, with a monitoring group established to oversee that. A careers and training website has been launched. The majority of training programmes now offer pre-defined rotations of at least two years. Revised pay rates for new entrants were sanctioned in 2015, substantially reversing the 30% cut imposed in 2012.

The issue of pay is a wider one and applies beyond the health sector, and the Senator will know that the Public Service Pay Commission identified staffing shortages as reported in submissions from the health sector. The commission noted in its report that there are recruitment problems in specialist groups, including groups that are internationally in demand, such as consultants. It has recommended that consideration be given to commissioning a more comprehensive examination of underlying difficulties in recruitment and retention in those sectors and employment streams where difficulties are clearly evident. This exercise is due to be completed by the end of 2018.

The Minister for Health, Deputy Harris, is satisfied that the HSE is focused on filling all consultant posts and doing so in an efficient and effective manner. The full implementation of the consultant recruitment group will achieve this.

I thank the Minister. I am afraid I do not necessarily agree with the contents of the reply. The information that I have is that we still have a major problem in that the number of people applying for posts is drastically reduced, and the number of posts advertised which attracted no applicants.

I have been consistently looking for exact details of vacancies in hospitals since 2012. I got a reply from the HSE less than 12 months ago that it could not give me that information. We are talking about a national organisation and between 2,500 and 2,800 posts, and yet the HSE could not give me a breakdown of the vacancy levels. It has now put a mechanism in place to compile all the information.

If we go back 15 or 20 years ago, when it was known that someone was retiring, a post would be advertised before the vacancy arose. The HSE seems to have developed a policy, especially over the last five to ten years, of allowing the vacancy to occur first before advertising it. As a result we are paying for locums and agency doctors. I have no evidence that this has changed since I raised this issue over two years ago. I know of positions that have arisen and six month later the advertisements are in the newspapers for a new consultant. That has not changed and is an issue that should be taken back to the Minister.

Those are fair points. The Senator should realise that if the advertising of vacancies is advanced there will be a surge in the number of vacant posts in the short term. If the Senator is tracking the number of vacant posts he will, by his own suggestion, see a big increase in them. Notwithstanding that, it is probably a good idea to plan and anticipate workforce planning. I will alert the Minister for Health, Deputy Harris, to the Senator's concern that the vacancy data is only being compiled and that efficient workplace planning would require anticipation of these posts arising in the future. It is not in dispute that there is a problem with recruitment and the fact of small numbers of applicants for vacancies is the reason the considerable efforts of Professor MacCraith and the consultant group have been put in place.

I am sure that Senator Colm Burke will raise this matter again.

Water Safety

I congratulate the Minister for Education on his reappointment. I am sure everyone is delighted for him. He has a significant passion for education and he fits the role exceptionally well, so I wish him well in the coming weeks and months.

This is the time of year when people who perhaps would not have much experience in water tend to explore it, via sailing or swimming or other activities. Many young people in particular go swimming in the sea and in the rivers and lakes of this country. We are an island nation and are surrounded by water, so it is a significant factor in the lives of our citizens.

For a long time I have been promoting the need for water safety education in our schools, and I am happy to say that compared with when I was young in County Clare, where residents in fishing areas in particular did not want their children to learn how to swim because they had such a fear of the sea, that kind of taboo is now gone and young people are being encouraged to engage with water safety training and learn how to swim. Even in my own parish of Ennistymon and Lahinch over 1,000 young people come to the pool in Lahinch during the winter months to learn how to swim and to get an appreciation of water safety.

It is a great privilege for young people to be able to do that, to learn how to swim, to enjoy the water and to develop a respect for the water. It should not really be a privilege but rather something that should happen automatically in every school. There is absolutely no reason every young child who leaves primary school, going into secondary school, should not have a basic understanding of water safety and the importance of water, and that they should not have acquired a respect for water. It is brought into sharp focus by the weather that we have had in the last week. The weather encourages people to use the water, and that creates risks.

Thousands of young people leave primary school without any understanding of water safety and the importance of respecting water. I am calling on the Minister to give us a timeline at least as to when we can expect that water safety training and education will be a compulsory part of the curriculum at primary level.

I thank Senator Conway for raising this issue. The truth is that the curriculum does have a considerable element devoted to physical education at primary level. The teacher training programme is designed to enable teachers to deliver all the elements of the curriculum, including aquatics and water safety. There is a module in the curriculum that deals specifically with the issue raised by the Senator. Obviously, having it on the curriculum and having it delivered 100% are two different things. It is really for parents, teachers and pupils to work within the curriculum to emphasise issues that are of public concern. Given the events of recent days and the urgings, I have no doubt there will be more interest in this element of the curriculum.

It is difficult if not impossible for the Department to track to what extent each one of the 3,200 schools emphasises water safety in its programme of physical education. However, it is there as a key element of the programme. The aquatics strand aims to support children in developing water confidence, basic swimming skills and an acute awareness of water safety. The development of these skills enables children to enjoy and to engage safely in water-based activities. Awareness of potential hazards and how to respond appropriately to incidents that threaten personal and group safety are an integral element of the aquatics strand. The strand is divided into a number of units. These include areas such as water safety, entry to and exit from the water, buoyancy and propulsion, and understanding and appreciation of aquatics. The curriculum provides adequately for the issue of concern to the Senator. In each case, schools must decide which elements of a programme are emphasised.

It is encouraging to note that Irish Water Safety, IWS, whose CEO, Mr. John Leech, spoke on the radio recently, has some very good programmes available to teachers who want to engage in this area. My Department has provided support this year and in previous years for primary teachers who wish to attend IWS courses during the summer. It is hoped this will provide an incentive for more teachers to familiarise themselves with some of the available material. Of course, IWS is not the only source of good material for supporting water safety education in our schools. Emphasising the importance of water safety is an area for which we all have a responsibility, as parents, teachers and members of the broader community. It is not really to inspect it in our education system. It is a question of partnerships involving schools, parents, community groups and local facilities to equip young people to be aware of the very genuine risks that exist.

I thank the Minister for his reply. I heard the interview with Mr. John Leech to which the Minister referred, during which he bemoaned the fact that water safety is not as high a priority as it should be in our schools. I accept that water safety is part of the curriculum, but as the Minister said himself, subjects being on the curriculum and being delivered are two very different things. One practical measure the Minister could take would be to issue a circular over the summer to all primary schools pointing out their obligations in terms of addressing water safety as part of the curriculum. Were the Department to send a circular to all 3,200 primary schools, we might have achieved something by raising this issue here this morning.

I will consider the Senator's proposal but I am very conscious that the physical education element of the curriculum has so many aspects to it and to single out just one part could cause difficulties. I am also conscious that many school principals bemoan circular overload from the Department and I do not want to be adding to their load. To some degree, an awareness of water safety should be a basic element and anyone involved in physical education should be aware of it. I hope our efforts this year to provide resources for teachers to upskill themselves by taking part in IWS courses will be an incentive in itself. Perhaps if we alert people to the availability of that programme, it would have the same effect as sending a circular which might appear to be placing an emphasis on one element of the curriculum at the expense of others. I will discuss with officials how we can best do this to address the concerns the Senator has raised.

Departmental Strategies

The next matter is in the name of Senator Tim Lombard. I welcome the Minister of State at the Department of Transport, Tourism and Sport, Deputy Brendan Griffin, to the House. I wish him every success and good luck in his new role. I hope when he travels through places like Castlemaine, Annascaul and Inch on his way home tonight, that he will not damage the environment with bonfires. I wish him well.

I welcome the new Minister of State at the Department of Transport, Tourism and Sport, Deputy Griffin, to the Chamber. I congratulate him on his elevation to high office and wish him the best of luck. It is a great honour for him and I am sure he will bring his expertise on the sporting field to his new role. I am very sure that this little tussle this morning will be like a Cork v. Kerry Munster final. I am sure it will go very well.

I am not so sure about that.

I am more of a hurling man myself. I call on the Department of Transport, Tourism and Sport to develop a strategy to increase funding for, recognition of and participation in female sport. It is a very important issue that we as a community, society and Government need to work on. There are a myriad of problems in female sport at the moment. One of the key issues is the very high dropout rate. The participation rates for teens are fine, but the fall-off rate for females in their 20s and 30s is high and that must be examined. We have a small percentage of female coaches and administration staff. That is a core issue we need to look at in order that we can build the dynamic of female sport in Ireland. The knock-on effect of that is that we have tiny audiences watching female sports and we do not have the same quality of sponsorship as that available to the male equivalents. Those keys issues have a major knock-on effect on access and equality of opportunity for women to participate in female sports. We should have a proactive strategy put in place to ensure women have the opportunity to compete at the highest possible level if they so wish. More importantly, we must ensure access to opportunity at every level, and the development of a national strategy is a key issue in that regard. Such a national strategy must identify existing barriers. Government must work with all stakeholders to ensure those barriers can be lifted. Key issues such as funding, participation and the recognition of females in sport in Ireland need to be addressed. These are important issues for the dynamic of society.

We have seen what has been done in other jurisdictions to promote female sports. The UK had a dedicated female sports week based on the theme of more women, more activities. This is one of the issues the Government must take on board in order that a proactive plan is put in place to ensure we can break down existing barriers. Funding is a key issue. Funding of amenities and access must be prioritised for female sports.

Whether it is for the basic infrastructure or administration and coaching, funding is important to ensure the basic infrastructure is there in order that women who want to participate have the opportunity to so do. Recognition is important. We need to build on our sporting ambassadors. We have all seen male sporting ambassadors, whether on the Lions tour or a local GAA team. We need to recognise our female sporting ambassadors and need to ensure they are recognised. They need to be the role models for the next generation. It has to be an active part of this strategy. We must recognise our sporting ambassadors in order that we can promote our sports on the back of them. Participation is key as we need to ensure participation levels in female sports in Ireland increase and for that to happen, we need a national strategy. It will involve getting all of the stakeholders together and coming together with an overall plan in order that we can actually deliver this on the ground. It has happened in other jurisdictions. I am sure the Minister of State has a great grasp of the sporting psyche. I hope he can use his initiative on the ground to enable the promotion of female sports in Ireland and the achievement of what is very achievable. In the future, it will benefit both female sports and society.

As this is my debut in the Seanad, it is a bit daunting. Not only is it my first day addressing the Seanad but I am also surrounded by two Corkmen. For a Kerryman, it is always a dangerous situation to have one in front and one behind but I will do my best. I thank Senator Lombard for raising this very important matter. As Minister of State with responsibility for sport, the participation of women in sport is hugely important to me. Increased levels are also what I want to see. The Senator's Commencement matter is timely because it is something I see as a priority. This debate also gives me an opportunity to outline the actions the Department is taking in sport in general and to foster a greater level of participation by women in sport.

The Department is developing a new national sports policy, which will provide a framework for sport in Ireland over the next ten years. It will set the agenda for Sport Ireland, which already has specific legislative responsibilities in this area. The new sports policy is being developed following a highly consultative approach. The Minister, Deputy Ross, along with my predecessor, Deputy O’Donovan, launched a very successful consultation last November. A total of 53 submissions were received from a variety of stakeholders including national governing bodies of sport, local sports partnerships, Departments, private individuals and the corporate sector. These submissions, all of which have been published on my Department's website, dealt with a wide range of topics. Senator Lombard will be interested to note that the issue of women in sport was addressed by several of these submissions. The new national sports policy is still at the drafting stage. The aim is to have it ready for consideration by Government immediately following the summer break. It is something on which I hope to do an awful lot of work between now and then. While I am not in a position today to indicate the nature and scope of future policy actions or initiatives, I can indicate it will have a strong focus on the need for increased participation in sport and physical activity generally. Although it will, necessarily, have a population-wide focus, I anticipate it will address particular issues surrounding the participation of women in sport.

Sport Ireland already has a specific function to exercise under its legislative mandate. It is required to develop strategies for increasing participation in recreational sport at national and local level, which contains a strong women-in-sport component. Sport Ireland is extremely active in this area and is delivering an impressive array of actions to promote participation in sport and physical activity among adult women, teenagers and primary school girls. Due to time constraints, it is not possible for me to go into the details of those actions but I will be glad to provide the Senator with details afterwards and to discuss the matter further with him.

I will take this opportunity to outline three areas I believe are very important for women’s sport. First, with regard to how the public consumes women's sport, we need to achieve a greater level of exposure through broadcasting. Some broadcasters are doing excellent work; some could do more. It would benefit participation levels if we could see greater work on that. If Departments, agencies and broadcasters could work together, we would achieve great progress. I acknowledge the role of certain broadcasters who are doing a really good job already on that front.

The Senator mentioned the drop-off levels for girls on becoming teenagers and going into young adulthood. Some excellent work is being done at second and third level and we have a great opportunity and a captive audience to try to do more. I would like to see a greater focus in the Department on working with those who already are doing great work to try to bring it on further.

It is extremely important that there is equality of opportunity. The theme of the Senator's contribution was very much based on that. We should have a situation where all women have the same chances to take up sport as their male counterparts. Before I got my current job, I was researching the Title IX measure in the United States, which encourages schools and colleges to increase participation levels by ensuring a non-discriminatory approach in federal funding for male and female participants in sport. It is something that started back in the 1970s. The results have been astounding. My sister-in-law, who is from California, brought this to my attention. I was discussing it with her recently. It is a very interesting topic and something we need to discuss further.

Progress is being made and we will be focusing through the new sports policy on greater participation levels by women in sport across the board. There is no doubt it will require further funding and hopefully as a country we will be in a better place to do that in the time ahead. The overall long-term savings of participation in sport, from a monetary point of view, are enormous. More importantly, from a human point of view, physical activity is probably the best thing anybody can do. It is something we really need to encourage more.

I look forward to developing this policy further in my new role and to further consultation with all of the stakeholders. The Senator clearly has an interest in this. I am very willing to work with him throughout the summer, to take whatever ideas and suggestions he has and to try to incorporate the good ideas into this sports policy. It is the same for all Oireachtas Members and anybody with an interest in this. It is important we get this right and get the best possible plan in place going into the future.

I acknowledge the contribution made by the Minister of State. It is a very proactive contribution. In the future, we can definitely work together to ensure the strategy is put in place to benefit everybody.

I thank the Senator and Minister of State, who I hope to see here again soon.

Sitting suspended at 11.19 a.m. and resumed at 11.34 a.m.
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