On the first matter to be taken, I refer Members to Standing Order 59(3) which states, "A matter shall not be raised in such an overt manner so that it appears to be an attempt by the Dáil to encroach on the functions of the Courts or a Judicial Tribunal". I know all Members will take this into consideration.
Topical Issue Debate
Data Protection
I am disappointed that the Minister for Communications, Climate Action and Environment is not present. I am a member of the joint committee which is shadowing his Department and wanted to refresh his memory regarding a number of discussions we had about the proposed takeover of Celtic Media early in 2017. It is obvious to everybody that the implications of what is going on in respect of the operations of the Office of the Director of Corporate Enforcement, ODCE, and the proposed takeover by Independent News & Media, INM, are huge and will probably mean that in the long run there will be a serious outcome for the State and the Government. This is not just down to an individual, whether he or she is on the side of corporate media or a Minister in the Government, it is also reflective of a culture in which the State and corporate bodies work for, and in protection, of each other. This should emerge from the current investigations. Rather than just the detailed finger wagging at each individual incident, it is important that the investigations expose to the people and the body politic what many instinctively know, that the wealthy and powerful who hold huge influence, particularly in media circles, get favourable treatment from the State, not just from the current Administration but also from previous Administrations and many people in the body politic in general. I would like the Minister to address these comments.
When I tabled the matter, I referred to the implications of recent and escalating developments regarding INM based on the ODCE's investigation into the company. At the time I was referring to the significant concerns about what could only be considered as the hacking of emails, which potentially compromised huge numbers of journalists and their sources, and had major implications in terms of damage to the independence of media and the protection of journalism. However, I cannot ignore the most obvious escalating development, the involvement of the Minister for Communications, Climate Action and Environment in this issue. On 6 December 2016, in reply to a priority question, he told me that he had only commenced the phase one assessment of the takeover on 24 November 2016, that his officials had not yet made any decision and that he had 30 days in which to make a decision on three options, one of which was potential referral to the Broadcasting Authority of Ireland, BAI. He stated: "I have not received the report from my officials yet." The Director of Corporate Enforcement's affidavit states a month earlier, on the afternoon of 11 November, the Minister personally told a representative of Heneghan PR that he would refer the proposed merger to the BAI based on the advice of his officials. Heneghan PR which is headed by Nigel Heneghan is an adviser to Leslie Buckley and spokesman for INM and a member of the BAI's compliance committee. A PR firm employed by INM with close ties to all of the main protagonists in INM made direct contact with a Minister and was made privy to a decision, about which I as a parliamentarian was told weeks later had yet not been made. The repercussions are stunning, not least in respect of the implications for potential market manipulation and insider dealing but also the questions it raises about corporate governance within INM and the axis of power between major shareholders of INM and the Minister's Department.
I echo the Taoiseach's remarks about the importance of a free media in a functioning, healthy democracy. Furthermore, I must clarify that, as Minister for Justice and Equality, it would be highly inappropriate to refer to matters currently under investigation by relevant authorities or connected to the subject matter of ongoing court proceedings, to which the Leas Cheann-Comhairle referred.
The Data Protection Commissioner is the independent supervisory authority with responsibility for upholding the EU fundamental right of the individual to have his or her personal data protected. The Office of the Data Protection Commissioner was established under the 1988 Data Protection Act. The commissioner holds the responsibility for upholding the rights of individuals, as set out in the Data Protection Acts, and also for enforcing the obligations that arise from the legislation on data controllers. While the commissioner is appointed by the Government, she is independent at all times in the exercise of her functions. Individuals who feel their rights are being infringed can complain to the commissioner who will investigate the matter and take whatever steps may be necessary to arrive at a resolution. The commissioner has statutory powers to undertake investigations into complaints from individuals and enforce compliance with data protection requirements. The office also conducts on-site inspections arid audits of data protection in both public and private sector organisations
The Data Protection Bill 2018 is before the Oireachtas, with Second Stage being debated in the House this week. The purpose of the Bill is to give further effect to the general data protection regulation, GDPR, in areas in which the regulation gives member states a margin of flexibility and to transpose the accompanying law enforcement directive into national law. It will take effect on 25 May. The legislation will strengthen the independence, structures, functions and powers of the data protection commission. The new EU legal framework confers significant responsibilities for the protection of personal data on both data controllers and data processors.
In her most recent annual report the Data Protection Commissioner outlines that a total of 2,795 valid data security breaches were recorded by her office last year, representing an increase of almost 26% on the numbers of breaches reported during the previous year. The GDPR provides for mandatory reporting of personal data breaches to data protection authorities, unless a breach is unlikely to result in a risk for the rights and freedoms of individuals. The controller must report such data breaches without undue delay and, where feasible, not later than 72 hours after becoming aware of it. The report must identify the likely consequences of the breach and the measures taken, or to be taken, to mitigate adverse effects for individuals. Under the GDPR and the new legislation, public and private enforcement of data protection is set to increase. The scope of compensation claims arising from infringements of data protection rules will also increase, resulting in higher levels of private enforcement activity.
I welcome the legislation and seek the co-operation of Members in passing it. I am not in a position to comment on issues before the courts or related to a legal investigation, either inside or outside the House.
That is the best exercise in deflection that I have ever seen. The question here is not about the new legislation coming in on 25 May but what has gone on in the recent past in this House. The Minister started by saying that he, like the Taoiseach, believes in the free media and a functioning, healthy democracy. There are two things I would like to say about that. The media are not free and this democracy is not healthy. It does not even function as a democracy. If the media were free, why does Ireland have a higher concentration of media ownership than most other countries with one key individual, whose name can never be mentioned, whether at committee or in this Chamber, owning the Sunday Independent, Sunday World, Evening Herald, and having a stake in the Daily Star, The Kerryman, Drogheda Independent, Wicklow People, Wexford People, Waterford People and many radio stations such as Newstalk and Today FM? That is power and control. That is a very wealthy individual whose name cannot be mentioned in these Chambers who has strong links with the State, so much so that every time there is an important function happening, such as at Davos, or the New York Stock Exchange, he appears with key members of this Government. That friendly relationship has helped him to secure influence and has continued to help him exist. That needs to be challenged.
The Deputy is infringing on Deputy Murphy's time. Deputy Murphy has one minute.
The Social Democrats believe that the Minister, Deputy Naughten, has no choice but to recuse himself from any role in media regulation. Legitimate concerns have been raised regarding the relationship between key players and media business in Ireland. The Minister has a quasi-judicial function in this. It is part of the reason he would not reply to me in this House when he was giving information to somebody on behalf of one of the key players. That requires an answer here. I also take exception to being misled yet again in this Dáil when I asked a parliamentary question. I believe I was misled in respect of those replies on 6 December 2016 when someone else was told that the decision was already made. The Minister needs to address that.
Members should refrain from being misled.
I want to make it clear that the issue which I am addressing is what is before me, which is the Office of the Director of Corporate Enforcement, ODCE, investigation into a potential data breach within the company. I take it the company is Independent News & Media, INM. I have already stated that these are issues that are under investigation from a number of sources, in particular the Data Protection Commissioner. As Minister for Justice and Equality, I respect the independence of the Data Protection Commissioner. I assure the House that the Government of which I am a member has steadily increased the resources allocated to the Data Protection Commissioner. Funding has increased to approximately €11.7 million for this year, up from less than €2 million in 2014. This additional funding has facilitated the recruitment of additional staff, both legal and technical, and experts of an investigative nature. Staff resources have tripled from 30 in 2013 to almost 100 in 2014.
Ireland became the first member state of the European Union to appoint a Minister with special responsibility for data protection. This portfolio is held by the Minister of State, Deputy Breen. Further, an interdepartmental committee on data issues was set up two years ago to provide a platform for Departments to discuss issues of a legislative nature and implementation challenges arising from European legal advances in this area. Meetings are held regularly in the Department of the Taoiseach, and that committee's work is ongoing. It is important to understand that proposals for legislation respond to evolving jurisprudence in this country and across the European Union. I wish again to respect the independence of the offices that are undertaking investigations and it would be entirely imprudent, as the Leas-Cheann Comhairle would be the first to inform me, if I were to depart from that very important legal directive.
Light Rail Projects
Sinn Féin has always supported metro north. It will benefit the environment as it will remove thousands of cars from our streets every week and carry more than 50 million passengers per year. There are major benefits relating to employment, not just during the construction phase, which would provide 4,000 jobs, but afterwards, with the creation of new jobs and businesses all along the area served by metro north. It will also help in regenerating areas and provide badly needed access to Dublin Airport.
We must also be conscious of the impact that long-term construction work will have on our communities. Some real concerns, for example, are plans to requisition the grounds and lands associated with Na Fianna GAA Club and Home Farm Football Club on St. Mobhi Road as a staging post for the underground boring machinery and other works associated with the project. This has the potential to cause untold and irrecoverable damage to both clubs. I would like to offer my condolences to the family and Na Fianna on the passing of their club secretary, Deirdre Lambe. Ar dheis Dé go raibh a anam. This plan will also impact greatly on residents and three local schools, Scoil Chaitríona, Scoil Mobhí and Whitehall College, affecting hundreds of children and their families daily.
I have a suggestion that I believe will have the least impact on the community and surrounding areas. There are virgin lands just north of Ballymun where this heavy boring equipment could be stored and utilised and works could be commenced from there. Will the Minister give this suggestion some consideration as a more viable and sensible option in place of the existing proposals, which have huge implications for our communities?
I also extend our condolences to the family, friends and indeed club colleagues of the rúnaí of Na Fianna GAA Club, Deirdre Lambe, who passed away on 14 April. I know she is greatly missed and lamented by all who knew her.
As Deputy Ellis has said, we acknowledge that metro north is vitally important transport infrastructure. We also accept that it is important that work begins on its construction as soon as possible. I set those two points out clearly because I do not want us to have a diversionary or false debate. This is not a matter of opposition to the metro. However, the current proposals would see Na Fianna GAA Club, which has 3,000 members, moved off its grounds for up to seven years. That would be catastrophic for the club. It cannot be allowed to happen. An alternative must be found. Na Fianna is not only a GAA facility but it is used widely by local schools and the community, as is normal with clubs of Cumann Lúthchleas Gael. The current proposals make no sense. It provides an impossible situation for Na Fianna GAA Club. Its members will be in Leinster House next Wednesday to address the Joint Committee on Transport, Tourism and Sport and put forward their case. They are not here to have a row or fall out with people. They are looking for a resolution that protects this important community facility.
What other locations were considered? Will the Minister consider the proposal put forward by my colleague, Deputy Ellis? As has been said, I am focusing on Na Fianna GAA Club, but equally I could cite Scoil Chaitríona, Scoil Mobhí and Whitehall College, all public facilities. Members of the public are beside themselves with worry about this.
I thank the Deputies for raising this important issue and acknowledge the support of Sinn Féin for the metro project. That should not be forgotten with what is happening, which they have addressed today. I join them in expressing sympathy to the family of Deirdre Lambe, who passed away.
The MetroLink project is the development of a north-south urban railway service that will run between Swords and Sandyford and connect key destinations along the 26 km route. There will be 25 stations in total, 15 of which will be brand new. A large proportion of the route will be underground, including where it passes under the important city centre area and Dublin Airport. The underground section will terminate close to the Charlemont stop on the Luas green line in the south city area and the metro will then run southwards above ground on the existing Luas green line, which will be upgraded to metro standard as part of the project.
I wish to directly address the issue of Na Fianna as I acknowledge that the controversy has arisen because of the potential difficulties foreseen by it and Home Farm, along with the fears and apprehension of the three potentially affected schools. I also wish to thank Deputy Ellis for his suggestion. I suggest that he submit his points to the ongoing consultation process. There is a temptation for Deputies to make suggestions to me but such suggestions should be made to the National Transport Authority, NTA. However, there is an opportunity to make such suggestions in the House and there is no doubt that the NTA will be aware of what Deputy Ellis has stated in the House as well as his direct submission.
The MetroLink project can bring many benefits. I am confident that the NTA and Transport Infrastructure Ireland, TII, through the consultative process that is under way, will find a way of delivering the MetroLink project and maintaining good routes that interchange with other public transport in a way that respects the social, community and sporting life of our city. The NTA has committed to work collaboratively with Na Fianna to address the concerns identified and develop mitigating proposals for discussion within three to four weeks of the consultation deadline. That attitude and willingness to talk and consult and find a better solution if there is one will apply to all other parties concerned. As the Deputies are now aware, the proposed route is not set in stone and it would be wrong if it were.
It is predicted that capacity for 15,000 passengers per direction per hour during the busiest peak times will be required along the corridor I have addressed. MetroLink will have the capacity for 30 trains per hour in each direction and will greatly enhance the public transport offering in Dublin. The creation of about 4,000 jobs during construction is also envisaged, which is significant for the economy in the region. The NTA, in conjunction with Transport Infrastructure Ireland, TII, recently launched the public consultation to which I have referred on the emerging preferred route. It is appropriate that we continue to refer to it as the emerging preferred route. It is a proposal which has been identified as the likely optimal scheme from a technical design perspective but without the benefit of public consultation and input. It is not a finalised and selected scheme. The final layout will only be determined after consideration and evaluation of the issues raised during the consultation process, including the representations made by Deputies McDonald and Ellis.
I thank the Minister for his reply. There has been a huge amount of consultation on this project over the years. There were very contentious consultations before the project was scrapped and put on the long finger in 2011 but the current proposal regarding the land of Na Fianna is the most contentious I have seen. It does not make sense. When I met the NTA and other parties at the recent consultation, I immediately raised the concern that using these grounds was going to be a non-runner. Albert College was previously identified as a potential route, which raised very contentious issues. I have suggested that the virgin lands north of Ballymun could be utilised. There is no reason boring machines could not be used on those lands. The consultation process is in train and accepting submissions. I will be making a submission and it is important that it is taken on board. I hate when this is described as the optimal decision. It sends out the wrong message regarding this being the way we are going. We must hope that the NTA will be sensible in its approach to the consultation.
I thank the Minister for his response. I take his point that this is not a finalised scheme and that a process is under way. However, it is clear this is likely to be the optimal scheme from a technical point of view, as he has stated. The deep concern of the clubs - the Minister correctly also referenced Home Farm - and schools is that the technical optimal position will supersede and take preference over the considerations to which the Minister referred in terms of social and community life of the city. I seek reassurance from the Minister that the consultation process will not be a case of simply going through the motions. I have no doubt that all stakeholders will work collaboratively with him but they need to know that the social and community dimension will have equal or greater billing than a simple technical view of the route.
I assure the Deputies that the NTA will consider the obvious social consequences of the project with equal enthusiasm. The words were carefully chosen in terms of it being referred to as the optimal technical route. I suspect those words were left out deliberately because they would give the impression that it is optimal in the technical sense, which is a very crude way of judging a project such as this. I will convey the Deputies' wishes that the social consequences of the project be taken into account to the NTA. They should also do so themselves. I will not interfere in the process. There is a tendency to ask me to draw every route of every road and railway line. I will not do that but I am conscious that the sensitivities of communities must be balanced against the need to go ahead with this very necessary project. I assure the Deputies that what they have said will be taken on board, that there is a serious consultation process under way and that the NTA will work collaboratively with Na Fianna.
Trans European Transport Network Programme
I raise the issue of the exclusion of the north west from Trans-European Transport Network, TEN-T, core funding and seek answers from the Minister on a grave injustice perpetrated against the people of the north west by his Government and a decision taken by Fine Gael in government which has massively disadvantaged the economy in the north west for decades to come.
The Trans-European Transport Network is a European Commission policy directed towards the implementation and development of a Europe-wide network of roads, railway lines, inland waterways, maritime shipping routes, ports, airports and railroad terminals. It consists of two planning layers, the first being a comprehensive network covering all European regions and accounting for 5% of the funding available. The second and most important part is the core network, consisting of the most important connections within the comprehensive network, linking the most important nodes and accounting for 80% of funding available. The remaining 15% is reserved for projects of common interest. To complete the TEN-T core network corridors by 2030 will require approximately €750 billion. However, the north west is precluded from applying for that funding.
The key issue is that to qualify as a core network and receive core funding, an area had to have both a road and rail link. Information I have received shows that in 2011 the Taoiseach, Deputy Varadkar, who was then Minister for Transport, Tourism and Sport, purposely removed key transport projects in the north west from Ireland’s application to the European Union’s TEN-T funding programme and effectively wiped the north west off the core map.
The western rail corridor was removed from the core network map by the then Minister, now Taoiseach, Deputy Leo Varadkar. That relegated the western arc, the road running from Cork to Derry, to the comprehensive funding box because without the rail link, the road network could not qualify for core funding. Remarkably, when the western rail corridor was taken off the map, Shannon Foynes Port was added and the rail link between Limerick and Foynes was put in in order that Shannon Foynes Port could qualify for core funding. The Navan to Dublin rail link was also included. It is clear, therefore, that there was money for some projects but not for all. The effect of removing the western rail corridor and relegating the western arc road to the comprehensive funding box meant that key transport infrastructural projects in the north west were also precluded from receiving funding up to 2030. That affected Galway Port, Ireland West Airport Knock, Killybegs Port and Sligo Airport in applying for core funding under the TEN-T programme. It is hard to believe all this happened on the watch of a Mayo Taoiseach, Deputy Enda Kenny, and a Fine Gael Minister, Deputy Michael Ring, who was a Minister of State at the Department of Transport, Tourism and Sport at the time.
The projects had been included by the previous Fianna Fáil Government prior to leaving office in 2011. The western rail corridor which was to extend into Claremorris, County Mayo had been completed from Limerick to Galway and was to be extended to County Mayo in two phases. Ballina is the busiest freight location in the country and it beggars belief that the line was not prioritised, given the hugely positive economic impact it would have had on the county and the region. The maps initiated by Fianna Fáil when in government which included the north west and County Mayo were redrawn by Fine Gael and the then Minister, now Taoiseach, Deputy Leo Varadkar, in 2011 and prioritised road, rail, port and airport infrastructure for Dublin, Cork and Limerick, with a link to Belfast, while everything north of Limerick - the entire north-west region - was excluded. There really are few words to describe the devastating impact that has had on the region's economic development. Remarkably, at the time the then Fine Gael MEP for the north west, Jim Higgins, warned his colleague, Deputy Leo Varadkar, that it could close off the projects to future EU funding for good. It is a warning the now Taoiseach chose to ignore.
The western economic arc, the road from Cork to Derry, is still included on the comprehensive funding map which only accounts for 5% of funding, but if one looks at Ireland 2040 - it was called the fantastic plan - that was launched by the Government, the road is not mentioned. How does the Minister explain this? Where is the Government's commitment to this road network? It seems that all we are getting is a small section upgraded around Collooney in County Sligo. Perhaps we should be satisfied with the small crumbs we in the north west get from the Government.
On a point of order, I commend the Deputy for raising this matter.
There is no point of order during a Topical Issue debate.
Just one second-----
No. There is no point of order.
I sat at the table with the Minister when the programme for Government was being agreed to.
I call on the Minister to respond.
The first thing that was agreed to was that the west would be included in the submission for TEN-T funding. I ask the Minister for a commitment in that regard.
The Deputy knows that he is out of order.
I thank Deputy Lisa Chambers for raising this issue. I acknowledge the presence of the Deputy who spoke last, whose name is not mentioned because he is completely out of order.
Is Deputy Fitzmaurice not a former member of the Minister's group?
The trans-European transport network, TEN-T, is a Europe-wide network of roads, rail lines, ports, airports and rail-road terminals throughout the 28 EU member states. It comprises the comprehensive network and a subset called the core network. The core network is required to be completed by 2030. It is the most strategic part of this European transport network, with the objective of TEN-T being to address the most strategic aspects of the comprehensive network with the highest European added value, in particular cross-border sections, missing links, multimodal connecting points and major bottlenecks. The network builds on existing and planned infrastructure in EU member states and was identified on the basis of the European Union's planning methodology which has to comply with common requirements or standards. Ireland's agreed core TEN-T network runs from Belfast to Dublin to Cork and includes the core ports of Dublin, Cork and Shannon Foynes. The proposal for the TEN-T network included technical specifications which must be achieved by member states within specified timeframes. That had to be taken into account in considering the draft network in 2011. For example, the proposed specifications at the time included a requirement for full electrification of all railways on the proposed core network. In fact, it was only when, during the subsequent EU co-decision process, Ireland obtained an exemption from the need to roll out ERTMS - a European wide telematics control system for rail traffic - and electrification on its rail network.
Against the backdrop of a very difficult economic climate in 2011, Ireland was required to consider the specific implications of the proposed network for its transport infrastructure, as well as our financial capacity to complete the technical specifications of our portion of the network within the timeframes proposed, namely, 2030 for our core network and 2050 for our comprehensive network. Inclusion of transport routes in the TEN-T network could potentially allow projects on those routes to be part-funded by the European Union. However, that could only be done through competitive EU-wide processes which were expected to be and were and continue to be considerably over-subscribed. The majority of costs of any capital project being funded by the Exchequer would still be borne by the Exchequer, with just the potential, if applications were successful, of a minority of grant funding coming from EU sources. All projects would also require accompanying cost-benefit analyses to be approved by the European Commission.
It was in that context that Ireland, like other EU member states, liaised with the European Commission on its views on the appropriateness of the draft TEN-T network in line with the proposed methodology and the affordability of completion of the network at the time. That resulted in sections of the proposed network not ultimately being included in the final TEN-T maps agreed to by all member states in 2013. Despite the economic challenges the country has faced, priority has been placed on access to and within the north west. The most notable demonstration of this is the Gort to Tuam motorway, the largest transport investment completed anywhere in the country since 2011. That priority is further maintained in the national development plan, Project Ireland 2040. Project Ireland 2040 places a strong emphasis on further improving connectivity, including the development of the strategic Cork to Limerick road link. There will be a review of implementation of the core network by the end of 2023. The Commission will consult member states and evaluate progress made in implementation of the TEN-T regulation, as well as the impact of evolving traffic patterns and relevant developments in infrastructure investment plans. The regulation further sets out that the Commission, in consultation with EU member states, will evaluate whether the core network should be modified to take into account developments in transport flows and national investment planning.
I thank the Minister for repeating the wholly inadequate response he gave me in reply to a parliamentary question. The excuse from the Government is "Brussels made me do it". The then Minister, now Taoiseach, Deputy Leo Varadkar, said he was being directed by Brussels on the projects that were to be included. We now know that to be false because the then MEP, Brian Crowley, wrote to the EU Transport Commissioner at the time and her response was that member states retained "substantial sovereign rights" to decide on projects. The second excuse is that we did not have the money, that we had to cut projects and that we had to provide matching funding. Again, that is false. I direct the Minister to Decision No. 1692/96/EC of the European Parliament and the Council of 23 July 1996 which stated: "These projects shall form a common objective, the implementation of which depends on their degree of maturity and the availability of financial resources, without prejudging the financial commitment of a Member State or the Community". It is there in black and white. The Minister did not need to have the money in the bank to make the application. To date, no Government representative has explained why Fine Gael redrew the maps when it took over in government in 2011; why the north west was wiped off the map and the western rail corridor was taken off it. The Minister said the rail network had to be electrified. Once he realised that was not the case, did he go back to the European Union and ask for the western rail corridor to be included and if not, why not? I have still not received a response to my question on the criteria used by the then Minister to decide what projects would remain on the list and what projects would get the axe. From the maps at which I am looking, it was projects in the north west that got the axe, while everyone else was left alone.
The Minister has referred to the review of the TEN-T funding programme under way. It is due to be completed in 2023. We do not have five years to wait. In the context of Brexit, there is a renewed impetus to bolster transport infrastructure. Will the Minister seek to have the review conducted at the earliest possible opportunity?
I thank the Deputy for going back to those questions. I find it difficult to answer the political charges she made because I was not in office at the time.
The Minister has access to the file.
I fully support the decision of the current Taoiseach when he was Minister in 2011.
If the Minister has not read the file, how can he support the decision?
The reason he made it was very simple; there was not enough money in the kitty at the time.
The Government did not need to have money to apply.
The Minister was able to spend €500 million in Navan.
It was not just a matter of applying for the grant.
He would also have had to produce money out of the air. There is only one thing easier than spending money in the future, at which Fianna Fáil is very good, and that is spending money in the past, at which it is becoming even better. Fianna Fáil is rewriting history and stating the money was available, but we know what the financial position was in 2011. We also know why it was thus in 2011 and it had nothing to do with the then Minister, Deputy Leo Varadkar.
What was the point in including it in the programme for Government?
He was picking up the pieces in the situation in which he had been landed and had to make cuts-----
He did not.
The Deputy cannot possibly suggest-----
He did not need to have money in the bank. He could have made the application without having finance.
Will the Deputy, please, allow the Minister to respond without interruption?
The Deputy cannot possibly suggest that at the time the then Minister, Deputy Leo Varadkar, wanted to make decisions of that sort.
It is included in the programme for Government.
He did make them.
At the time the Minister was telling everybody what a great man Seanie Fitzpatrick was, if he wants to go back that far.
The reality was that the then Minister was forced to make decisions of that sort because there was absolutely no money left for him to spend on projects of the sort proposed by the outgoing Fianna Fáil Government.
He did not need to have money to make the application.
If the Deputy is going to raise political hares-----
The Minister should deal with the situation as it is now.
He should deal with the issue.
(Interruptions).
May we have one speaker at a time, please?
If Deputy Lisa Chambers is going to raise political hares, she must accept the reasons we were in that position-----
The Minister has not provided them.
-----and that decision had to be made.
Schools Building Projects
I refer to the very frustrating situation at St. Paul's in Monasterevin. As we had the opportunity to speak about this issue at length yesterday at the meeting of the Joint Committee on Education and Skills, I will be brief today.
The school was declared structurally unsound in 2004, but it is still in place, in all of its glory, with more than double the numbers. There are only two toilet cubicles for 207 boys; there is no staff room; the prefabs are damp; the heating system is erratic and there is no gym. I commend the staff, principal and school community for the wonderful work they do. The principal, Mr. Brian Bergin, gave a great account of the excellent school community, but it is incredibly frustrated. Can the Minister say whether the process of acquiring a site has been finalised? A site has been on the horizon for the past 15 years. Can he say when the design element will be finalised? The people of Monasterevin are being served very well by the principal and staff of St. Paul's, but, sadly, they are not being served well by the State.
Last week the Minister announced the provision of 16 new second level schools, but Kildare South, despite having been on the 2015 list, was left off the new list, which is incredible. The figures supplied by the Department do not stack up. There is no political will on the part of the Fine Gael Government to deliver a new second level school in south Kildare, despite the figures that have been provided. South Kildare is the fastest growing region in the country. Between 2011 and 2016, the population of the area grew at 143% of the growth rate for the State. In the south Kildare Educate Together report sent to the Minister last August it was noted that in seven years there would be more than 400 students without a school place, but the Minister does not see this as a problem. I understand numbers come into it, but yesterday at the aforementioned committee meeting officials told members that the Department was seeking to provide 1,250 extra places in existing schools to meet the demand. Surely, the answer to the problem is to provide a new second level school in south Kildare.
I thank the Ceann Comhairle for giving us the opportunity to raise this very important issue on the floor of the House. Last week's announcement by the Department of 16 new second level schools was met by real disappointment in Kildare South. An Educate Together campaign has highlighted concerns about future capacity at second level in Kildare South. The campaign has been running for the past four years, but there is obviously a belief within the Department that proposed extensions and a new build at St. Paul's in Monasterevin will suffice in addressing increased demand. However, many people in south Kildare disagree with the Department. What nobody disagrees on is that there will be increased future demand in County Kildare. The disagreements centre on the level of that demand, where it will be and how it should be met. It is important that we move quickly to deal with the matter. Following last week's announcement, the focus must be on expediting the proposed extensions as quickly as possible and the new build at St. Paul's in Monasterevin which has been delayed for far too long. It is only then that we will be able to determine whether we can meet the need for second level places in the area and, as I hope, push for a new school down the line.
A new school building for St. Paul's in Monasterevin is even more critical than this time last week. We spent hours with departmental officials yesterday at the Oireachtas Joint Committee on Education and Skills going through the history of this case which I have highlighted with the Minister on previous occasions. We spoke about the conditions students and staff had to endure, the history of the case, from the explosion in 2000 when prefabs were provided, inclusion in the 2005 building list and the fact that the Department and Kildare County Council had worked together in sorting out a site which had hit an awful lot of problems. Site selection is something which will have to be reviewed.
According to the Department's profile, construction will start in quarter three of 2019, but the design team for St. Paul's is confident that the project could be ready for construction by quarter one of 2019, a good six months earlier. Six months is a long time in the context of the school year. Departmental officials said there would be no delay in that regard. I urge the Minister to ensure every effort will be made to see construction starting at the beginning rather than the end of next year. I also ask him to ensure the plan submitted by the design team last week will be turned around by the Department by the end of this month, if possible. I know that such a turnaround normally takes eight to 12 weeks, but priority must be given to St. Paul's and the delivery of the extensions at Cross and Passion College in Kilcullen, Athy community college, Patrician secondary school in Newbridge and the 500 spaces at St. Conleth's community college that are being constructed.
I thank the Deputies for raising this issue. I can understand their concerns. I assure Deputy Fiona O'Loughlin that decisions on the location of schools are not political. Such decisions are not made by Ministers but by the Department. Every one of the 314 planning areas is treated in the same fashion. Areas are evaluated fairly against the demographic profiles available which are based on existing child benefit payments, school enrolments and local authority plans for housing developments. Decisions are based on the best available information and every area is treated equally.
There are five schools that have projects in the Department's plan for the next six years and that forms the background to the assessment of needs that has occurred. I can understand the Deputies' concerns about St. Paul's in Monasterevin and know that the Ceann Comhairle shares them. It has been in the six-year programme and is currently at stage 2b, detailed design stage, where the planning applications, fire certificates, disability access certificates and so on are provided. The design team submitted its completed stage 2b report on 10 April and it is envisaged that the review of same will be completed by the end of April. In February, the Department wrote to the school and the design team to give them an outline of the projected timeframe because it was acutely aware of the concern that the project should be subject to no further delays. It outlined that the pre-qualification element normally took eight to 12 weeks and explained the steps required to ensure the school would be a near zero energy building. This will be followed by progression to the tender stage which normally takes between seven and eight months. The Department has projected that construction will commence in the third quarter of 2019. In response to Deputy Martin Heydon's query, I can confirm that if the design team can deliver the project to proceed to construction at an earlier time, the Department will re-profile accordingly.
The Department is in the process of acquiring a site at Moore Abbey, Monasterevin. Agreement in principle was achieved in April 2013, but the vendor insisted on full planning permission being obtained prior to the sale being completed. Full planning permission was secured in July 2017 and the current state of play is that the Chief State Solicitor's office is working with the landowners' legal representative with a view to concluding the conveyancing. The Department is absolutely committed to completion of the school.
As regards the project at St. Conleth's community college in Newbridge, builders are on site and student intake is due to begin in September.
The Athy College project has been devolved to Kildare-Wicklow Education and Training Board. The delivery of that building project will increase the capacity at the school by 600 pupils, with a long-term projected enrolment of 1,000. The Cross and Passion secondary school in Kilcullen is progressing. A technical site visit has been undertaken at that site. The delivery of this project will increase the capacity at the school by 200 pupil places. It is at project brief stage. The project at Patrician College in Newbridge is also at project brief stage. A site visit to the school has been undertaken. The Department will be in contact with that school in this regard. When the project is complete, it will provide capacity for approximately 900 students. It is against that background that I understand the Department has assessed that 1,700 additional school places are planned to be delivered as I have set out. The Department expects that there will also be some growth in the Kildare town planning area. It anticipates that it will be possible to meet the level of demand there by extending the capacity of existing provision. These assessments are kept under continuous review by the planning section of my Department. That is the basis on which the decision was made by the Department. Obviously, the data on which that decision was based is objective and assembled from independent sources.
I thank the Minister for his response. While I welcome the delivery of school accommodation in Newbridge, Kilcullen and Athy, I am confused about why south Kildare was on the list in 2015 but not on the list in 2018. Is there a suggestion that the political will which existed three years ago is now gone? Given that the population of County Kildare is growing exponentially, I cannot understand why it has gone backwards on the list. County Galway was included in the 2015 review and is included in the new-build list. Can the Minister provide figures that illustrate why County Galway was chosen and County Kildare was not chosen? We had a long conversation with the officials about the geographic information system yesterday. I certainly believe it is outdated. It is not as accurate as one would hope. While I am pleased to hear that the Minister will continue to review the position in south Kildare, I would like to hear the rationale for the decision not to include it. The provision of ASD units is a particular issue. We have 64 such units at primary level but just 18 at secondary level. I do not see where provision for additional ASD units has been included in the current plans. The position at St. Paul's secondary school in Monasterevin must be addressed with absolute urgency because the staff and students are operating in a difficult and challenging educational environment. Morale is really low. We need to have very fast delivery in relation to this school.
I thank the Minister for his response. I particularly welcome his important clarification that if the design team for St. Paul's secondary school in Monasterevin can deliver a new school building more quickly, the Department will roll with that. His confirmation that the school will be contacted on its latest design submission by the end of April is absolutely crucial too. The matter of choice is a very important one in this respect. People in the south Kildare area want increased choice of educational provision. That was the predominant factor that led to the Educate Together campaign. I know there have been discussions between the Educate Together movement at national level and the school authorities at St. Conleth's Community College in Newbridge. I ask the Department to look at that because there are people who want increased choice to be provided in the south Kildare area. I welcome the decision of the patron of Brannockstown primary school, which has closed, to divest the school. I have been involved with the committee of Save the School Brannockstown. There is an opportunity for more choice in the provision of primary education in Brannockstown. It is a real possibility for the broader community there.
There has been a substantial increase in the population of south Kildare over the last couple of decades. The population of the county has increased by over 100,000. As the Government's Rebuilding Ireland policy takes hold, building sites are opening up. The increase in the number of planning permissions being granted is going to lead to further demographic pressures. We disagree with the Department's decision not to grant a new school in south Kildare, as announced last week. We will continue to ask the Department to ensure the ongoing analysis that has been mentioned by the Minister is expedited so that the proposed extensions that are needed at Patrician College in Newbridge, St. Conleth's community college in Newbridge, Cross and Passion College in Kilcullen and Athy community college are delivered as soon as possible. Each of these projects would provide the additional ASD classes that are badly needed in the south Kildare area. Even if these projects go ahead, the Department needs to keep an open mind regarding the provision of a new school. I believe such a school will be needed down the line.
I understand the Deputies' frustration. Approximately 30 planning areas, from a total of 314 such areas, have been approved for new schools. In some cases, the need is being met by programmes that are already under way. In the area we are discussing, five school projects are already under way. In other cases, the need is being met through the potential expansion of existing schools. As the Chairman of the joint committee, Deputy O'Loughlin has had access to the officials who advise me on these matters. I think they have made themselves available to assure her of how they are applying these rules. People can criticise the rules. I understand why people put the rules under scrutiny when decisions that are unfavourable to them are made. I assure the House that they are applied even-handedly and fairly across all areas.
As Deputy Heydon has said, we factor additional ASD units into our school programmes and they are being factored into these plans. Over recent years, we have more than doubled the number of ASD units at second level. The number of such units is growing more quickly than the number of such units at primary level. That reflects the success we are having in enabling students to continue on to second level. I assure the Deputies that I regard educational provision in south Kildare as extremely important. I will seek constant updates from the Department on the progress of St. Paul's secondary school in Monasterevin, in particular.