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Seanad Éireann debate -
Thursday, 11 Apr 2024

Nithe i dtosach suíonna - Commencement Matters

Departmental Schemes

I welcome the Minister of State, Deputy Joe O'Brien, and congratulate him on his reappointment. I wish him every success in his remaining time in office.

Everyone in the House will be aware of how important the scheme to essentially pay for development levies through a waiver, introduced by the Government last April, was in boosting supply and construction, and in making sure there was no prohibitive cost for people trying to build their first home. I am talking predominantly about people in rural one-off housing, but the scheme is for anyone who is trying to build, whether it is apartment complexes or buildings in our rural communities. In County Louth, for example, the development levy cost is €11,600. That is a highly prohibitive cost to put on people at the same time as we see rising costs for building supplies, for example.

This scheme has worked very well. We have seen a huge increase in the number of commencements in the past 12 months as a result of it. As long ago as last September or October, only a couple of months after the scheme was introduced, Senators Cummins and Doherty started the process when they said in the House that perhaps the Government should try to extend this very good scheme in different ways. It should be extended right up to 2025 because that will then result in a very good boost in the number of people being able to build. That was brought home to me two or three months ago at a meeting on rural issues organised by my colleague in County Louth, Councillor Paula Butterly. The number one issue brought up at that meeting by families in rural County Louth was how successful the development waiver was and how unfair it will be, come April this year, when, like a cliff edge, the fee of €11,500 will be reintroduced in County Louth. That is why I wanted to try to bring the debate to the House.

This issue has been spoken about by a number of politicians, most recently by the now Taoiseach at the recent Fine Gael Ard-Fheis, when he said:

The waiver on development levies is working. It is making it cheaper to build and cheaper to buy. I want to work with my colleagues [in Government] to see if it can be extended.

That was said by Simon Harris only a few days ago. He made the same assessment in the Dáil when he was elected Taoiseach two days ago. I have no doubt that the momentum from the Government is moving in the direction of extending the scheme. In this Commencement debate, I am trying to impress upon the Government that we should get that announcement as soon as possible so a level of clarity is provided. If the scheme is not extended, that cliff edge will come towards the end of April.

The scheme has worked very well. I see that through my office at home in Dundalk, where many people, who are predominantly my age, are building for the first time. They are going through the entire process and are now worried about the prospect of an added cost of €11,000 being put on top of all their building requirements and building costs by the end of this month. It is crucial that we extend the scheme. It is a very good idea that has been proven to work, especially over the past 12 months, when we see how many commencements have started, particularly in rural one-off housing. I urge the Minister of State to take the message back to the Government that this is a good scheme, which has worked well, and that we desperately need to ensure it continues. We need to extend the waiver on development levies.

I thank the Senator for raising this issue and giving me the opportunity, on behalf of my colleague, the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, to update the House on the development contribution waiver scheme.

Increasing housing supply is key to addressing the problems at the heart of the housing system. To help address this issue, the Government's action plan on housing, Housing for All, has set average annual delivery targets of 33,000 homes per year over the period to 2030. This target is currently being reviewed. It has been noted over a period of time that a certain proportion of planning permissions for housing developments were not being activated at the rate envisaged, which has negatively impacted delivery and jeopardised the achievement of our targets. Increasing housing construction costs, including both labour and material costs arising from global supply issues, as well as other related viability issues, were the primary factors in this regard.

Arising from this scenario, on 25 April 2023 the Government approved additional measures under the Housing for All action plan to incentivise the activation of increased housing supply, while also addressing costs and viability issues faced by the construction sector. These measures included the introduction of temporary time-limited arrangements for the waiving of local authority section 48 development contributions and the refunding of Uisce Éireann water and wastewater connection charges. These newest schemes apply for one year to all permitted residential development, including scheme housing and rural housing, which commences on site between 25 April 2023 and 24 April 2024, with the works being required to be completed no later than 31 December 2025. This end date is intended to facilitate large schemes to be speedily brought forward and progressed, while also incentivising their completion as quickly as possible within a reasonable timeframe and delivering urgent housing supply.

Based on commencement notice data on residential construction starts, 32,801 homes were commenced in 2023 as against 26,957 in 2022, representing an increase of 22% over 2022. This trend has continued positively into 2024, with the latest commencement notice data indicating that works on a further 7,056 homes were commenced in January and February of this year, representing a 71% increase for those two months compared with the same period in 2023.

These commencement rates for 2023, and for the first two months of this year, are at the highest levels since records began in 2015.

The temporary time-limited nature of the waiver and refund schemes has undoubtedly been a positive factor in influencing the speedier activation of planning permissions by developers since they were introduced last year, including planning permissions that have been granted for a number of years and were not activated. The schemes have also assisted in enhancing the viability of developments and incentivising the bringing forward of developments that might not otherwise have been financially viable. The Minister for housing, Deputy Darragh O'Brien, is reviewing the waiver and rebate schemes to assess if their extension is justified and can bring further benefit. Further to the ongoing analysis, the Minister will bring forward proposals to Government to extend the two schemes for an additional period if that is considered appropriate.

That is an extremely positive message and I appreciate that the Minister of State has taken it to the House today. It is clear that the Minister is strongly considering extending the waiver. He is reviewing the waiver and has noticed and acknowledged that it has worked really well, reduced costs for people and means that people have decided not to sit on planning permissions for a year or two waiting for costs to come down. That is borne out in the data showing the number of commencements in the past 12 months. This is an excellent scheme which clearly helps with supply. Where I come from in County Louth, one of the biggest issues I deal with is planning and helping people who are my own age get planning permission. One of the reasons people did not initiate on the back of planning permission was that the development levies were prohibitive. We have now reduced those and people in my county are now building. We need to extend the waiver so more people can build in rural Ireland and to make sure it thrives.

There is little doubt, as part of the package of measures introduced by Government under Housing for All, that the development contribution waiver and water connection charge refund schemes have been very effective in achieving their objective of influencing an immediate increase in housing commencement rates, which are now, as I said, at their highest level since records began in 2015. However, it is important to note that the schemes have been successful in achieving their objective due to their time-bound nature. Notwithstanding that, as I indicated, the Minister for housing is reviewing the schemes. Further to the ongoing analysis, he will bring forward proposals to extend the schemes for an additional time period if that is considered appropriate.

I thank Senator McGahon for raising that important matter.

Vacant Properties

Cuirim fáilte roimh an Seanadóir Malcolm Byrne. Is é an t-ábhar anois ná the need for the Minister for Health, Deputy Donnelly, to make a statement on the total number of vacant or derelict properties nationwide in the ownership or possession of the Department of Health or the HSE and his strategy to address this issue. Tá ceithre nóiméad ag an Seanadóir.

Gabhaim buíochas leis an gCathaoirleach agus cuirim fáilte roimh an Aire Stáit. I appreciate the Minister of State taking this matter, which concerns the ongoing problem of buildings that are either in the ownership or management of the HSE. I understand there are potentially up to 400 such buildings nationwide that have been left derelict or underutilised. While much of the attention in Dublin city is focused on Baggot Street Hospital, which was abandoned by the HSE many years ago, these buildings are located right around the country and local representatives regularly point them out.

I will cite the case of the health centre in Camolin, County Wexford, which is one I have raised regularly in this House. It closed in 2014, much to the annoyance of local people. A lot of questions were asked about what was being done with the building. In 2018, the HSE finally admitted that it was going to offer it to other agencies. In 2020, an issue suddenly arose with the title of the building. It took the HSE eight years to discover this but there was still no action. At the end of 2022, when I raised this matter, I was told that as none of the local agencies or the local authority had an interest, the building would potentially be used to house Ukrainian families. The Minister of State will appreciate, given his brief, the importance of these buildings being available for that purpose. At that time, it was welcomed by the local community because it wanted to see the building finally put to use, with the hope that, in the long term, it would revert to the local community as a community building. The HSE again did nothing.

In November of last year, I arranged a meeting with HSE estates because of its failure regarding a number of projects in north Wexford, including derelict buildings. HSE estates indicated at that meeting with the Minister for Health, Deputy Stephen Donnelly, that this matter would be addressed as a priority. Since that meeting in November, I have been trying to get an update from HSE estates on what is happening with that building. There has been some remedial work carried out at the building but there is still nobody inside it.

The Minister of State will appreciate the demand for property in this country, particularly in terms of his own portfolio. That building could be used as a community health centre, and there was interest in that, or by community groups in the area. It could have been used to house Ukrainian families, which was the original purpose indicated 18 months ago, but nothing happened. It could be converted into much-needed housing because it is a fine building. For ten years, the HSE has left that building abandoned.

The reason I get so annoyed about this issue is that while this is just one building, every public representative in the country will be able to point to others, including, I am sure, the Acting Chairperson, Senator Murphy, in Roscommon. The Minister of State knows of such buildings in Dublin. Everyone in Dublin points to Baggot Street hospital. The HSE is one of the biggest owners of derelict and abandoned buildings in the country. Some of them would require very little work to be put back into public use. I have no confidence in HSE estates because there is no evidence of any strategy to address the issue. I ask that the Minister intervene directly. I would appreciate a specific update on the facility in Camolin that the HSE has left abandoned for ten years. This is, however, part of a national strategy that needs to be addressed.

The Minister for Health, Deputy Donnelly, thanks Senator Byrne for providing the opportunity to update the House on the number of vacant properties in the ownership or possession of the Department or the HSE. The Health Service Executive is responsible for the management of the public healthcare property estate. The HSE has established property protocols for the disposal of property surplus to health requirements. When a HSE-owned property has been vacated by a health service, it is necessary to determine if it is surplus to health requirements. This involves engagement with other HSE services to establish if they have a need for the property in question. Once it is confirmed the property is surplus to requirements, the following process applies. Such properties are initially offered to the Land Development Agency, LDA, and, thereafter, to other State entities listed on the State property register. Finally, if there is no interest expressed by other State entities, the property is placed on the open market.

As of 29 February 2024, the HSE has a total of 183 vacant properties. Of these properties, 90 are surplus to the HSE’s requirements and are in various stages of disposal, while 32 are vacant and under review. These properties are being considered for retention and reuse by health care services or disposal. A further 61 are retained assets, which means the properties are vacant and have been retained for varying reasons related to the provision of health services. Decisions in respect of such properties are informed by HSE service management, based on an understanding of current or future healthcare service needs in the relevant area.

The Minister for Health and his Department welcome the proposals from some local authorities to take up long-term leases on vacant and disused HSE-owned properties which have been identified as being surplus to healthcare needs. The Department continues to engage with other pivotal stakeholders, including the LDA, the Department of housing, and the Department of Children, Equality, Disability, Integration and Youth, to maximise the efficient and effective use of State land.

In relation to the HSE-owned property in Camolin, Enniscorthy, County Wexford, which was formerly used as a health centre, this property is surplus to HSE requirements. HSE capital and estates has reviewed the title of the property and intends to dispose of it in line with its existing property protocols. Wexford County Council has expressed an interest in this property and is actively seeking funding to bring it back into use, with a decision expected in quarter 2 of this year. Should Wicklow County Council decide not to acquire the former Camolin health centre and no interest is expressed in the property by any other State stakeholder, the HSE will then progress the disposal of the property on the open market in line with the Department of Public Expenditure, National Development Plan Delivery and Reform Circular 17/2016 and HSE property protocols.

I thank the Minister of State.

I appreciate how difficult it has been for the Department to access properties for a range of services. That 183 properties remain under the control of a State agency is not acceptable, but I use the Camolin example because I am very familiar with it. We have been hearing these excuses for ten years. This is an update, because the last time I asked this question in the House we were told by the HSE that Wexford County Council was not interested in the property. Now, we are told it is. I really question how the Minister of State can have confidence in HSE estates given that it continues to leave vacant so many properties throughout the country and is not treating this issue with urgency when there is such demand for property for so many services. It is crazy. The property in Camolin has been vacant for ten years. That is not just not acceptable.

The Minister again thanks the Senator for the opportunity to update the House on this matter. The HSE is responsible for the management of the public healthcare property estate and, as I mentioned, as of 29 February a total of 183 vacant properties were at various stages. To ensure the optimal use of State land, the HSE has developed property protocols for the acquisition and disposal of property that are in line with the Department of public expenditure's circular. Recently, the HSE has been very co-operative with the Department of children and integration in making a small number of properties available to us to help us with accommodation issues, but that is notwithstanding the large number, 183, that remain vacant.

Healthcare Infrastructure Provision

I thank the Minister of State for attending. My Commencement matter seeks clarity from the Department of Health on its commitment to capital funding for a permanent national rehabilitative day centre for people who have a severe acquired brain injury, and specifically to making that funding available to Teach an Saol, the most amazing service and facility, which is in operation in Santry, north Dublin.

Teach an Saol started providing day services to people with a severe acquired brain injury in 2020. It was born out of love and necessity, the love of one family for their son and brother and the necessity for him to be able to lead a life worth living following a severe acquired brain injury. Pádraig was a young man who was living his life to the full and, out of nowhere and through no act of his own, his life was stopped for a moment. Through the intervention of his parents and family, how, despite having a severe acquired brain injury, he is living a full life. The Schaler family and Teach an Saol believe a life saved is a life worth living. They are passionate about ensuring that every life saved following a severe acquired brain injury through the amazing advances that have been made with neuroscience and neurotechnology will be worth living.

Teach an Saol enables people with a severe acquired brain injury to live a fuller life. It provides them and their families with support in the form of therapies, including physical, occupational, cognitive and psychological. It is a day centre where people with severe acquired brain injuries and their families can go and receive specialised, appropriate therapies that help them regain the power to lead a life worth living. That is not a small thing but it is something we take for granted every day. We are so privileged and so lucky. The work Teach an Saol has done is inspirational and pioneering. It has not been done anywhere else. Since 2020, 28 individuals and their families have benefited from these transformational services and supports. It is truly inspirational and I would advise anybody to visit the centre. I am humbled to be able to speak on the organisation's behalf.

I thank the Department and Minister for Health and the HSE for the support they have given to Teach an Saol. They have provided the funding, initially for a pilot, which has been extended. The pilot was evaluated by the HSE and its findings are overwhelmingly positive. They call for a permanent commitment to this service not just in Santry but for it to be rolled out nationally. These are not just the views of the HSE. Many expert views from throughout the world have examined and evaluated the services being provided and have all concluded these services are groundbreaking and need to be supported. My ask is that the Department would commit capital funding for a permanent home for Teach an Saol in Dublin.

I thank the Senator for raising this important matter, which I am taking on behalf of the Minister of State, Deputy Rabbitte. Teach An Saol provides a valuable service to a number of clients with a severe acquired brain injury, offering an intensive and inclusive neurological and rehabilitation programme informed by best international practice. Funding for individual capital projects is an operational matter for the HSE, which has advised the Department of Health of the position on capital funding as follows.

All Exchequer-funded HSE capital projects must be progressed through correct governance procedures in line with HSE protocols and the public spending code. In this regard, when submitting a capital submission for consideration, there must be a full business case in place alongside a detailed options appraisal, a project brief, robust cost estimates and a comparison of various options to ensure the correct project approach is chosen and value for money is secured. Once a project has been approved at the HSE’s national capital and property steering committee, it is approved only subject to funding. Given that many competing needs and projects are put forward from throughout the country, the project then becomes subject to a prioritisation process each year. No funding, therefore, is allocated to a project until it is prioritised. The prioritisation process for funding allocation in 2024 has happened and funding has been allocated accordingly.

The Teach An Saol development proposal was first highlighted to HSE capital and estates in August 2023 and the requirements for a capital submission and the suite of supporting documents were issued at the time. A series of meetings were held between HSE CHO Dublin north city and county and Teach an Saol. Teach an Saol has been informed about the process and the requirement for appropriate and detailed submissions to ensure the project will be included in the next round of prioritisation for capital funding allocation in 2025. CHO Dublin north city and county has also confirmed to Teach an Saol that it may be assisted to seek the seed capital funding to progress the project and allow it to engage with all relevant stakeholders regarding suitable sites and other issues to be addressed. HSE capital and estates is keen to assist in the project initiation process and has allocated resources to do so but needs to ensure the submission is of sufficient quality and detail to ensure it will be approved subject to funding.

The Minister of State with responsibility for disabilities holds capital project development in disability services as one of her key priorities and wants to ensure capital projects are delivered on time and on budget and that value for money is achieved in order that projects such as Teach an Saol can provide valuable services for citizens.

I thank the Minister of State for the reply. I welcome the commitment from not just the Department but also the HSE to supporting the project in progressing to access capital funding. Teach an Saol was created from nothing by people who had no resources or expertise in this space, and what it has achieved in the four years can be replicated as a capital project. I urge the Department to encourage the HSE to work with it. It has an innovative approach and they are creative people, and the quality of the services provided and the potential for it to be extended nationally have been thoroughly validated.

I would also ask that the project is not treated as a local service to north Dublin where it has been incredibly valuable, but recognised as a national service because this service has national and international potential. I would be satisfied if we can get it into the national capital projects list for 2025 but we need to progress this and match their ambition and energy.

Neuro-rehabilitation services play a critical role in supporting recovery and-or maximising the ability of those with neurological conditions, including those with acquired brain injury, and the Government remains committed to the continued implementation of the neuro-rehabilitation strategy.

The overarching aim of the strategy is the development of neuro-rehabilitation services to improve patient outcomes by providing safe high-quality person-centred neuro-rehabilitation at the lowest appropriate level of complexity. This must be integrated across the care pathway and provided as close to home as possible or in specialist centres, where necessary.

These services are to be configured into population-based managed clinical rehabilitation networks. The overarching aim is the development of population-based MCRNs around the country. In delivering on this commitment, additional funding has been provided in successive budgets to support the continued roll-out of the strategy.

The Minister of State with responsibility for disabilities would like to assure all that she is very aware that there remains much unmet need in this area and she is committed to building services and developing better and more accessible supports for people with neurological conditions.

Primary Care Centres

We will return to Senator Conway. We proceeded because he was not present and we said we would go back to take his Commencement matter.

I thank the Acting Chairperson and welcome the Minister of State to the House.

Over the past 15 to 20 years, there has been speculation around Ennistymon about the provision of a primary healthcare centre.

Ennistymon is located in north Clare, as the Minister of State will be aware. It is near Lahinch, Doolin and other areas where the population balloons when the summer comes. For four or five months of the year, the population in north Clare would be akin to that of a suburban part of Dublin.

Ennis has a primary healthcare centre and there is a second one on the way. There is one being built in east Clare but, really and truly, one is needed in north Clare.

I understand the site has been identified for a primary healthcare centre and what I would like to know from the Minister of State is when it is proposed to move this particular project to design and planning and when can the people of Ennistymon and the surrounding areas expect to have a primary healthcare centre.

The primary healthcare centres that are being built around the country are fantastic. We have a major problem in the mid-west with the emergency department in Limerick hospital. The more primary healthcare centres we have in our area the better. North Clare is a large geographical area. A primary healthcare centre is needed as quickly as possible.

What I hope the Minister of State will be able to do today is give us a timeline as to when can we expect the planning application and the design, when we can expect it to go to tender and when we can expect that a primary healthcare centre will be available for the people in north Clare.

On behalf of the Minister, Deputy Stephen Donnelly, I thank the Senator for raising this matter and for the opportunity to update the House.

As he will be aware, a central objective of the programme for Government is to deliver increased levels of integrated healthcare services, with delivery reoriented towards general practice, primary care and community-based services, enabling a home-first approach. Integral to this is the development of primary care centres, PCCs, across the country in local communities.

Primary care centres provide accommodation from which a wide range of primary community care services are delivered, including GP services, primary care teams and nursing, but often also accommodate disability services, dental, older person services and mental health services. Significant progress has been made in the delivery of these centres nationally, with 174 opened to date and a further seven currently in construction. These primary care centres offer a tangible example of the investment this Government is making in community-based health infrastructure.

In Mid-West Community Healthcare, which covers counties Limerick and Clare and north Tipperary, there are 13 PCCs in operation. In County Clare specifically, there has been the addition of a primary care centre on Station Road in Ennis. This centre became operational in Q4 2022.

Furthermore, an additional two PCCs are currently in construction in Mid-West Community Healthcare: one in Newcastlewest, County Limerick, due to become operational very soon and currently in the equipping stage; and one in Roscrea, County Tipperary, due in Q2 2024.

The HSE has advised that a review of the operational lease model for delivery of PCCs was recently conducted. The review having been completed, the HSE intends to progress the reactivation of a number of proposed primary care centre developments in the coming months.

The provision of a primary care centre in Ennistymon, County Clare will be delivered by means of the operational lease model. Following the completion of the review of PCCs, it is intended to reactivate the Ennistymon development.

I am happy to report that updated submissions will be sought in quarter 2, 2024. Following receipt of updated submissions, this project will then progress through the review, planning and construction stages of the operational lease model process.

A primary care centre will be a welcome addition to the people and healthcare workers of Ennistymon, and I assure the Senator that the Government remains committed to the provision of a primary care centre for Ennistymon and to the continued development of care centres throughout the country.

This is a welcome reply in the sense that we are moving now to a stage where the primary healthcare centre in Ennistymon will be provided and we are well advanced in the planning and design process.

When does the Minister for Health expect that the primary healthcare centre will be up and running given, as it is acknowledged, there is so much happening in the mid-west?

The primary healthcare centre in Ennis is outstanding so the people of north Clare would be delighted to see this. Certainly, the details in the reply we see here are very positive.

Primary care centres, as mentioned, provide important primary care infrastructure and can support the delivery of integrated care by facilitating closer co-ordination and co-operation between health professionals from across different disciplines.

The Minister will be aware that sometimes there can be delays due to a variety of circumstances with the development of centres in certain locations and wishes to acknowledge the frustration that this can cause for communities. However, following the completion of a review of the operational lease model, it is intended to reactivate a number of previously stalled PCC projects and it is welcome news that updated submissions for Ennistymon primary care centre will be sought in Q2 of this year. Receipt of those updated submissions will allow this long-awaited development to move forward.

I cannot give the Senator any more details on when the next steps will follow. The best I have today is that submissions will be accepted in Q2 this year.

That is not bad news. I thank the Minister of State and thank the Senator.

Maternity Leave

I thank the Minister of State for coming here, in the Minister, Deputy O'Gorman's place, today.

Any of us who are fortunate to have had babies know the immense value of maternity leave. It is a way of society saying to women to take time with their newborn babies.

Approximately 60 women in this country each year are diagnosed with cancer during their pregnancy and, of course, their maternity leave is taken up, not solely with the care of their baby but with the life-saving treatment for themselves. There is a small number, probably running to only a few hundred of other women, who go through serious illness during those weeks and months postpartum.

The reality is that they forfeit their maternity leave when they become sick. This situation has been raised for a year and a half by the Irish Cancer Society through its Leave our Leave campaign. It highlights that, in effect, there has been a doubling down of the trauma of not only being diagnosed with cancer and having to go through treatment but then also losing their precious maternity leave after their treatment. There is an irony here because men can defer their paternity leave if they are sick. Any worker who takes holidays is able to defer their holidays if they become sick yet women who become seriously ill in the middle of their maternity leave cannot get their maternity leave back once they get better.

I want to bring the Minister of State back to the Green Party annual convention last October. I am sure he was there. The Minister, Deputy O'Gorman, gave a very explicit commitment that he would legislate accordingly. He said that he looks forward this year to bringing forward legislative proposals with regard to delivering on the Leave our Leave and amending the Maternity Protection (Amendment) Act 2004 to ensure that women who are seriously ill during their maternity leave can retain their maternity leave and that it is not forfeited. He committed to doing it before Christmas. That is what he told reporters at the annual convention in Cork. We are now four months on and we have not seen sight nor sound of those legislative proposals.

I appreciate that the Minister has had a very busy first two months of this year but that is no good to the women who were given a very clear-cut commitment last October and who six months on are very much waiting for something from him. We need to see an amendment to section 14A of the Act to ensure that maternity leave is not forfeited when women become seriously ill. We need to hear a clear date when the heads of the Bill will be published and when it will be brought to both this House and the Dáil. We also need a clear date for when the legislation will be commenced. To be frank, this should be very straightforward. This is not a large piece of legislation. There is a huge amount of goodwill and support for such a legislative change. It is just about getting on with it at this stage. Women, the Irish Cancer Society, and all those who know the value of maternity leave, in particular those who find themselves seriously ill during maternity leave, need to hear concrete commitments from the Minister of State here today in this Chamber as to what the Green Party in government is going to do to make good on what was said last October.

I thank Senator Sherlock very much. That is a very important issue.

I too thank Senator Sherlock for raising this very important issue. All forms of family leave are kept under review to ensure that they are effective in supporting families and children. The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 provide a pregnant employee with six months of paid maternity leave and an additional 16 weeks of unpaid leave. The Irish Cancer Society's Leave our Leave campaign highlighted the difficulties faced by those who are diagnosed with cancer while pregnant or on maternity leave, who then miss out on precious time with their new babies because they are spending their maternity leave undergoing treatment.

The Minister, Deputy O'Gorman, met with the Irish Cancer Society to discuss this last year and he announced his intention last October to bring forward proposals to allow for deferral of maternity leave where a mother falls ill during this period. Departmental officials have been considering this proposal and the Minister hopes to bring it to Cabinet shortly. It is planned to bring this forward together with a number of amendments arising out of the Department's review of Ireland's equality legislation and also to take this opportunity to legislate for maternity leave for Members of the Oireachtas. Departmental officials are seeking legal advice on a number of matters before the remaining few outstanding proposals from this process can be finalised and brought to Cabinet. The wider review has examined the functioning of the Equal Status Acts 2000-2018 and the Employment Equality Acts 1998-2015, and their effectiveness in combatting discrimination and promoting equality.

A major component of this review was a public consultation in 2021. The Department invited written submissions from July to December 2021 and was pleased to receive an extensive response of more than 550 submissions from stakeholders and interested persons. The public were asked for their views on the functioning and accessibility of the Acts; the scope of the current equality grounds; whether existing exemptions should be modified or removed; and whether the legislation adequately addresses intersectionality. A report summarising the key issues raised in the public consultation was published in July of last year, and the proposals are being finalised.

In addition to the proposals relating to maternity leave that I have just discussed, the Government has introduced significant improvements to the entitlements to family leave for working families in recent years. The Government committed in the programme for Government to supporting parents, including by extending paid leave for parents in the form of seven weeks' parent's leave for each parent, to be taken within a child's first two years. Parent's leave and benefit will increase by a further two weeks to nine weeks by August 2024.

Under the Parental Leave (Amendment) Act 2019, which extended both the amount of leave and the time period in which it can be taken, an employee who is a relevant parent in respect of a child under the age of 12 is entitled to 26 weeks' unpaid parental leave for each child. Where a child has a disability or long-term illness, the entitlement can continue until the child is 16. A "relevant parent" is a parent, an adoptive parent, or a person acting in loco parentis.

The Work Life Balance and Miscellaneous Provisions Act 2023 was enacted on 4 April 2023, and introduces important entitlements for workers, including leave for medical care purposes for parents of children under 12, and the right to request flexible working for parents and carers. The Act also includes provisions to transpose Article 9 of the EU work life balance directive and provide for a right to request flexible working for parents and carers. In addition, the Act includes amendments to the Maternity Protection Acts to provide for the extension of breast-feeding breaks, and introduced domestic violence leave.

In January, the Department published a research report on the experiences of people affected by a loss of pregnancy while working. The Department commissioned researchers in UCC to undertake this research project with the aim of guiding it on how best to support those who experience a pregnancy loss while in employment. The report provides recommendations for policymakers, in addition to information on legal standards and good practice from other jurisdictions. It is the Minister's intention that this report would assist the creation and implementation of policy in this area.

I thank the Minister of State for the reply. What is going on here? I see from the reply that departmental officials have been considering this proposal and the Minister hopes to bring it to Cabinet shortly. It is now April. He said he was going to do it by the end of 2023. The Minister of State referred to the pregnancy loss report. We have been given to understand that the Minister is keen to legislate. I would like to hear what is actually happening within the Government. Is Fianna Fáil or Fine Gael blocking the legislation? Has the Minister lost heart in terms of progressing the amendment to the Maternity Protection (Amendment) Act, and the legislation relating to leave proposals for pregnancy loss, as raised by the Minister of State in his response? We need to have a clear understanding at this stage as to what exactly is going on within the Government. It is not good enough to say that the Minister is bringing proposals to the Cabinet shortly. Frankly, that provides no assurance to the Irish Cancer Society and to those women. I think of Erica Tierney, Mary Canavan and Emma McGuinness who were so brave in telling their stories about what exactly happened them when they were diagnosed with cancer during their pregnancy. It was such a traumatic time. Frankly, it is not good enough to hear this morning that the proposal will be brought to Cabinet shortly. We need concrete detail from the Minister of State as to when the Bill will be brought to the Cabinet and when it will be commenced so that it can take effect for people out there.

I thank Senator Sherlock. She is aware of the legislative process and the steps involved in it. The key first step is obviously to bring the proposal to the Cabinet and the Minister has committed to doing that in the next few weeks. The complicating factor behind the Senator's question is that it has been part of a wider review of equality legislation. We want to bring a suite of measures to the Cabinet to make sure we make a comprehensive review and refreshing of the needs of a variety of groups under equality legislation. That has possibly slowed the process down a little bit but we want to do it right when we do it.

Schools Building Projects

I am here today to raise the circumstances of a school that has been incredibly patient with the Department of Education. If this was an exercise in doing everything by the book, with the expectation and trust that based on need alone the Department would deliver then I am afraid it has failed. A request for emergency works to fix a roof that now has more than 101 roof leaks and defects was submitted to the Department in September 2022.

Multiple surveys have been carried out. There was a visit by the Department of Education architect in April 2023. I have been raising the issues relating to the school in this House since last May and representations have been made to both the former Taoiseach's office and the former Minister of State with responsibility for special education. Back in October, I raised the condition of the school's roof directly with the Minister for Education in person and was assured it was being dealt with. It is not that there has not been any communication but we seem have been going around in circles for a long time without any clear pathway for the school.

In November, the Department of Education agreed to conduct a full roof examination but then refused the quote that was provided to it, even though the company in question has been used frequently by the Department. The feedback we got was that the Department believed the quote was from a roofing company rather than an independent roof leak detection specialist. That administrative error was only uncovered when the former Taoiseach got involved. We have children and teachers sharing their classrooms with buckets of water. During the summer, 40 l fell through the roof of one classroom in a week.

This is a health and safety issue. The funding has been applied for under emergency works - the clue is in the name - and the roof needs a full and total roof replacement, not repair. In addition to the roof, the school has submitted an emergency works scheme application to replace a heating system that has stopped working. It is a 25-year old boiler. The pipework that is used to supply the school with hot water is not working either. The gas and electric heaters and the lack of insulation has been and is costing the school an absolute fortune. There are so many other things on which the school would like to spend money. Members can imagine how cold it gets for the staff and the kids during the winter. They will excuse the pun, but that is the tip of the iceberg of the problems with the building. However, these are the short-term health and safety issues of the highest priority that need to be addressed. The roof needs to be replaced and the heating system fixed but in the long term it is very clear that what is needed is a new school building. Work was done on that back in 2018 but it has not progressed. An additional budget amount has been allocated to the Department of Education. There was a supplementary budget of €405 million recently, with €205 million before Christmas. I respectfully ask that this matter be made an absolute priority.

I thank the Senator for raising this extremely important issue.

I thank the Senator. I am responding to this matter on behalf of the Minister, Deputy Foley.

The school to which the Senator refers, St. Francis Xavier Senior National School, currently has two live emergency works scheme applications with the Department. I should explain first that the purpose of the emergency works scheme is to provide funding specifically for unforeseen emergencies, or to provide funding to facilitate inclusion and access for pupils with special needs. An emergency is deemed to be a situation which poses an immediate risk to health, life, property or the environment, which is sudden, unforeseen and requires immediate action and, in the case of a school, if not corrected would prevent the school, or part thereof, from opening. Delivery of this scheme is managed on a devolved basis by the relevant school authority. As part of our digital strategy and streamlining arrangements, applications for emergency works can now be made via an online portal called Esinet.

As I mentioned, there are two live applications for the school in question. The first application refers to a funding request from the school for roof works. A site visit was facilitated by members of the Department’s professional and technical team who work with the Department’s emergency works team, and it was agreed that a leak detection test would be conducted as part of the application. This application was originally received in September 2022. There followed a considerable period of engagement between the Department’s emergency works team and the school in respect of the application. The leak detection test and the accompanying report have been received very recently and are currently under active assessment by the emergency works team, which will continue to engage with the school as appropriate in respect of the next step for this application.

The second emergency works application for the school refers to a request for funding for the replacement of the existing redundant boiler, associated pipework and some ancillary works. This application was received in late March 2024 and assessed by the emergency works team and has been referred to colleagues in the professional and technical area for technical advice on the appropriate scope of works. Once this advice has been received, the emergency works team will engage with the school on the next steps for the progression of this application. I can provide more information in my follow-up because I spoke to the Department this morning about this matter, but that is what I have formally now.

We are going around in circles on an emergency works application that ticks all of those boxes not today, not yesterday, but from September 2022. Bureaucracy is contributing to the delay. We have a problem and it needs to be fixed. Regarding access for children with additional needs, the school has been proactive in outlining that it wants an additional class. It has the space for an additional autism class. It needs an additional mainstream classroom as well. It has engaged with the Department of Education along the same timeline. We thought we were getting somewhere last July but the school has not heard anything since November and we know there is a shortage of places for children who want and need a place in a senior national school for September 2024. There needs to be a faster turnaround by the Department of Education for these emergency works.

I will add to what I provided earlier because when I read the initial answer I felt more was needed. In April last year, an initial visual assessment was done by an architect but it was August last year before the senior technical officer visited the site. Therein lies some of the delay. The Department was keen to underline to me that the scheme is repair only, but also that a leak detection test was required and there was some over and back regarding who could or should do that. It was finally agreed. However, I am glad to report that the Department said to me this morning that it will expedite the consideration of the application now that it has the testing it needs.

I thank the Minister of State. It is very welcome that he engaged with the Department when he read the reply that was provided to him by the Department on Senator Currie's Commencement matter. It is extraordinary in this day and age that this situation has been allowed to continue.

As Acting Chairperson, I thank the Minister of State for his time this morning. I know he is busy but we appreciate him being here.

Cuireadh an Seanad ar fionraí ar 10.28 a.m. agus cuireadh tús leis arís ar 11.04 a.m.
Sitting suspended at 10.28 a.m. and resumed at 11.04 a.m.
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