Dáil debates

Tuesday, 4 February 2014

4:05 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Last Thursday evening an episode of "Prime Time Investigates", entitled "Fatal Failures", revealed a disturbing and unacceptable situation relating to the preventable deaths of four newborn babies over a period of six years. There were similarities between the deaths and reports were produced in respect of each fatality. I sympathise with the parents of the babies who died - unnecessarily, in my view - at Portlaoise hospital.

What shocked viewers of the programme was not only the manner of the care and the manner in which the babies died, but also the shocking way that the parents were treated subsequently by hospital management and HSE officials.

It is clear that there was secrecy in what was revealed to the parents. There was an unacceptable degree of obfuscation - of deliberately withholding the truth. Shockingly, in one case, we are looking at a two-year delay in letting the parents know that a report had been carried out into the death of their baby. In another case, the delay is up to five years. These parents never realised that a report had been carried out by the hospital which would have at least explained to some extent the why of what happened and could have helped the parents in dealing with a very tragic situation. It was only when Roisin Molloy heard Shauna Keyes describe her son Joshua's death that they came in contact. Shauna said it was like somebody lit a bulb in her head, such were the similarities of both their experiences.

There is the failure to implement the recommendations of reports into previous deaths at the hospital. These recommendations, if implemented, could have saved the lives of those babies who subsequently died. There were similarities in CTG tracings and an inappropriate use of drugs.

The point I want to make to the Taoiseach - I do this in a non-political way - is that in a situation like this we need to learn and a fully independent inquiry is called for. I do not believe health authorities can investigate themselves in situations such as this. I would ask him to ensure that a fully transparent inquiry independent of the health authorities would be carried out and that subsequently a wider review of maternity practice in the country would also be initiated and conducted.

4:15 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is a matter of the utmost sensitivity and seriousness that Deputy Martin raises. I do not think anybody can disagree with the sentiments expressed about the impact on parents of the death of their children, in this case, Nathan, Joshua and Mark. All parents can understand how that impacts on the parents' lives. This is a matter of the gravest concern.

The Minister for Health, Deputy Reilly, was deeply shocked by this programme and by the revelations that came therefrom. He spent six hours on Sunday with the parents of the children, in a private way talking to them about their stories and the impact of their feelings about what happened. He met Natasha Molyneaux, Shauna Keyes and Joey Cornally, and Roisin and Mark Molloy, all parents of exceptional diligence and commitment in wanting to find out the truth of what happened here. As one said, when she was transferred to a different hospital she felt treated like a mother.

The Minister wrote to the Chairman of the Joint Committee on Health and Children expressing grave concerns over a number of areas, not least the manner in which families were dealt with following the tragic death of their newborn infants. He is anxious that we would learn from these past mistakes, inefficiencies and tragedies and, therefore, parents must have a proper, full and comprehensive access to information and communication about all of this.

The HSE will now meet all the families concerned to discuss how their legitimate complaints can be fully addressed. The Minister has instructed the Chief Medical Officer, Dr. Holohan, to prepare a report on the cases. That report will be of use to HIQA in deciding the scope and nature of investigations to take place.

The Minister for Health has clearly indicated that he is not happy with the situation in so far as Portlaoise hospital is concerned and that the hospital, no more than all others, should be in a position to provide a safe service to expectant mothers. Everybody knows the figures, in terms of safety for maternity and births in the country.

The Minister directed earlier this year that a new patient safety agency would be established this year. If this had been in place a number of years ago, these kind of cases might not have arisen in the first place. Everybody in the health service needs to understand that there are lessons to be learned from this kind of adverse event.

Finally, a national policy on open disclosure has been jointly developed by the HSE and the State Claims Agency and was launched by the Minister for Health in 2013. This is designed to have an open and consistent approach to communicating with patients when things go wrong in the health care area. That policy has been rolled out across the country.

It is not sufficient for people to say there have been inadequate budgets provided here. Portlaoise's has been reduced by less than 1%. Based on projected spending, not on historic budgets, the focus has to be on the delivery of absolute safety in respect of maternity for all the expectant mothers in the country. There is a proud record to be lived up to. Unfortunately, in these cases this was not so. The Minister has asked for a immediate response from the Chief Medical Officer and will obviously come back to the House on that.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I know the Chief Medical Officer. I have confidence in him, but that step is not the appropriate one to take. I beg to differ with that and it is no reflection on the Chief Medical Officer at all. In situations like this where there have been four deaths over the past six years, there should be a mechanism that triggers an immediate independent inquiry where all documentation and records can be accessed. That is the basic point I am putting to the Taoiseach.

In such a situation, there can be instinctive reactions, both on a campus and elsewhere. For example, the delay and the absolute obfuscation that occurred between the hospital management and the parents was quite shocking. It is truly shocking that reports were done in relation to the death of their babies and the parents were not told for years afterwards. There are clinical and non-clinical issues here, there is clear maladministration here and it seems that a comprehensive inquiry at arm's length is called for. Ultimately, part of the strength of the response to the death of Ms Savita Halappanavar was the independent nature of the inquiry and its personnel. I would put it to the Taoiseach that that was effective in the end.

We can talk all we like about our good record but that is of no consolation to the parents concerned. If it was not for Mark and Roisin Molloy, the parents of baby Mark, I do not think we would be here today. Their tenacity and pursuit of this led to what we now know. I put it to the Taoiseach in good faith that when situations like this emerge the way to restore the confidence of the people in the services is for an independent inquiry to be held as soon as possible.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The seriousness of this is not underestimated. The Minister, Deputy Reilly, as a family doctor, was struck hard by the revelations in the RTE programme. That is why on Sunday he spent six hours in the company of a number of the parents.

Clearly, this system did not measure up here. The culture, in so far as the treatment of the mothers to be was concerned, was not what one would expect.

As a first step, what the Minister has commissioned is the right approach - namely to get the Chief Medical Officer to furnish him with an immediate report.

Last October the HIQA report on the death of Savita Halappanavar - God rest her - made recommendations on the safety, quality and standards of services for critically ill patients, including critically ill pregnant women. These recommendations are being implemented in full across the country. HIQA is completely independent in the way it does its business, but the first step is to allow the Minister to receive the report from the Chief Medical Officer. He is engaging with the parents concerned and the HSE will meet all of them. The Chairman of the Oireachtas Joint Committee on Health and Children has received a letter from the Minister, following his interest in this issue, expressing his grave concerns about a number of matters, a few of which the Deputy has mentioned. All of these issues need to be dealt with. There is a need for openness, communication and absolute transparency leading to trust and belief in the country's maternity services and safety for the women involved.

I know that Deputy Micheál Martin has not raised this matter in a party political way; it is an issue that transcends politics. It is about life, health, belief, standards and integrity which the Minister will ensure will apply in this case. I thank the Deputy for the way in which he has raised the matter.

4:25 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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In the same spirit, Sinn Féin supports the call for an independent inquiry into the tragic deaths of infants in Portlaoise and the treatment of their parents.

My question is about the plight of other citizens - those living in flooded areas. I commend the members of communities who rallied to the aid of their neighbours. They include those who provided food and clothing, as well as distributing sandbags and looking after elderly citizens, all before officialdom was mobilised. It demonstrates the very best qualities of Irish people. I also commend the front-line services. In many parts of the country flooding incidents are nothing new. Parts of Cork city and county, as well as Waterford, Limerick and Dublin, frequently experience significant flooding. With climate change, rising sea levels and increased rainfall, the position is expected to get worse in the years ahead. It is now five years since Cork city experienced some of the worst flooding ever seen on the island when thousands of homes and businesses were damaged, yet the city still does not have adequate flood defences. The position is the same in Limerick where mostly working-class people have been totally devastated by the destruction of their homes and belongings. Most of the people concerned are not able to get insurance because the insurance companies will not cover them. What is required immediately is financial aid for those worst hit by the latest crisis. Will the Taoiseach give a commitment that the Government will provide adequate assistance for the householders affected by the floods who have no insurance? Will he tell the House what level of financial assistance will be provided by the State for the many households which have been left devastated by the floods? When will such assistance be made available?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I thank the Deputy for raising this matter. On 1 February exceptionally high tides and storms, as well as exceptional rainfall in recent weeks, caused damage and disruption in the western, southern and south-eastern regions. This is not the first time we have had flooding in various parts of the country, including the River Shannon, Blackwater and other regions. However, it was unprecedented in its scale and power of destruction. I agree with the Deputy on the response by communities, from neighbours and the emergency services which worked day and night to rescue people and ease their discomfort. Some 300 homes were flooded in the St. Mary's Park and King's Island areas of Limerick which were visited yesterday by the Minister for Finance, Deputy Michael Noonan, and the Minister of State, Deputy Brian Hayes. Between 1,200 and 2,000 people were affected by the flooding in Limerick, with 60 residents being evacuated from their homes. There was also flooding in Cork, Waterford and Wexford. Quite a number of coastal areas were hit, with resulting damage to roads, graveyards and piers, whlle sea walls were breached. In addition, parts of Drogheda have been flooded. The problem is continuing and the weather forecast for this evening and tomorrow is not great in some areas. We must consider whether this is a consequence of climate change.

There are issues of immediate and interim concern, including what one should do in the long-term in providing structural defences, where necessary. Yesterday I visited Spanish Arch in Galway, a low-lying mediaeval part of the city. The power of the water coming out of Lough Corrib was indescribable in its ferocity. It has been pumping in for the past few months. Even if one had 5 or 6 ft high walls down to the open sea, when there is a tide that is 20 ft higher than normal, it inevitably backs up. Consequently, the drainage into the river backs up onto the streets, with enormous consequences.

The Government considered the matter this morning. The Minister for Social Protection and her Government colleagues have put together a humanitarian fund of €15 million, pending an assessment, to deal with the immediate causes of hardship, discomfort and relocation. The following will apply. Committees of local authorities have already been calling to those affected to assess the structural damage and humanitarian circumstances that apply. That work is being done in conjunction with local community organisations such as the Society of St. Vincent De Paul, community councils and residents' associations. The results are reported to the Department of Social Protection which has already made payments in a number of areas for the provision of immediate relief, including food and clothing. When houses begin to dry out, white goods and basic furniture can be provided. The Ballynanty Centre in Limerick will remain open until late, with information being provided on local radio in order that people can contact necessary services. As the Deputy knows, it is not possible to put basic items into houses that are still flooded or have not yet been dried out. As the days go by, the high tides may well abate, but these matters are unpredictable. In Galway the surge, with the westerly winds, increased the high tide by almost 2 m on top of an abnormally high tide.

The structures are now in place and next Thursday we will have a special meeting on jobs. An update will be provided by the Department's emergency response section. Next Tuesday the Minister, Deputy Phil Hogan; the Minister of State, Deputy Brian Hayes, and other Ministers will have more accurate assessments from all local authorities of the scale of the problem and the requirements identified. There are, however, immediate humanitarian problems concerning those who have had to relocate to alternative accommodation, including the homes of relatives. There is also the question of structural damage throughout the country. The Government is taking a very active approach in this regard.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Two issues arise. My first question was about those people who had not been able to get insurance, but the Taoiseach has totally avoided that issue. I am advised that some people thought they were insured for flood damage, but they discovered that they were not. Others cannot obtain insurance. The same happened in Dublin a year or two ago and I ask the Taoiseach to focus on that question. It is not the people's fault that their homes have been devastated. How will they replace their possessions, including furniture, television sets, carpets, beds, bedding and linen?

My second question was about the State's response. The Government does not appear to be capable of engaging in strategic planning. During the fodder crisis last year Sinn Féin argued that the Government needed to put in place contingency plans to deal with the consequences of severe weather. However, it does not appear to have been done on this occasion. The Office of Public Works has already undertaken a risk assessment of coastal erosion. The onus appears to be on local authorities to sort out this problem. The Taoiseach mentioned the sum of €15 million. Pardon the pun, but €15 million is a drop in the ocean. As the Government has taken €320 million from the local government fund, how can local authorities deal with a crisis with these dimensions? It is always the same old story - there is lots of money for consultants.

Irony of ironies, these are consultants in Uisce Éireann. There is money for bankers and politicians but none for citizens in need. My initial question was about the folks who, through no fault of their own, are not insured. Will they be assisted by the Government? What about strategic planning? How can we take the Taoiseach seriously if he has not put in place any of the contingencies when we already know there will be more severe weather in the time ahead?

4:35 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Perhaps Deputy Adams misunderstands what I was saying. The initial response of the Government was to consider the matter in respect of the humanitarian issues that arise now. The Government has put in place a fund of €15 million, pending assessment, to deal with the humanitarian issues immediately. That is why the emergency response unit at the Department of the Environment, Community and Local Government, together with local authorities and their committees working with agencies, community organisations, residents associations and the St. Vincent de Paul, are collating information about structural damage and the human circumstances that apply in cases of flooding. We know where they are and I have outlined some of them here. That is a €15 million fund for humanitarian only issues, pending assessment.

On the issue of structural damage and the capital resources needed, some €250 million has been spent on capital works. I remember Clonmel, which Deputy Healy is aware of, Fermoy and Kilkenny where it has taken a long time to put defences in place. I walked Bertra Beach a number of weeks ago and what took 10,000 years to put in place was gone in 12 hours because of the open Atlantic Ocean. The same applies to Glenbeigh in County Kerry or other places where damage has been inflicted through the movement of cliffs and cliff faces. It is a more long-term operation. How do we provide the longer-term defences in Clontarf, Limerick, Galway or Cork, which has been flooded on a number of occasions?

Yesterday, I met people whose businesses had been flooded three times in three years. There is no insurance after the first claim is made, which is an issue of great concern to people in business. One woman said to me she would be closed until the end of April to repair the flood of yesterday morning, which will cost €250,000 to repair the damage in a medieval building that soaks up water like a sponge. The Government is very serious about this. The €15 million is for humanitarian issues now and structures exist to deal with that. We will have an update on Thursday and a full report on details, scale, and impact across the country from the Minister of State, Deputy Brian Hayes, and the Minister for Finance, Deputy Noonan, next Tuesday. The Government will respond in the best way it can.

We will make an application, if appropriate, to Europe. This morning I heard a spokeswoman saying we could collate damages across the country into a single application. We will consider that based on the extent of what is needed.

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group)
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The Water Services Bill provides for the introduction of water charges and it was guillotined and bulldozed through the Dáil before Christmas. It was supported by the Labour Party and a Labour Party Tánaiste who built his career on opposition to water charges.

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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Now he is cutting the property tax.

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group)
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Be that as it may, in a few short months we will have water charges imposed by this Government. There are many unanswered questions and I hope the Taoiseach can provide answers to the House and the public this evening. Where water is not fit for purpose, such as in the case of the 18,000 families subject to boil water notices like residences in my constituency served by the Burncourt regional water supply scheme, will families be charged for water? Where hard water is supplied and is corroding electric kettles, shower heads, washing machines and dishwashers, as is the case across the northern part of Clonmel, will the families be charged for water?

A huge number of premises will not be metered before the introduction of the charges. How will the bills for these families be calculated? What will be the free water allowance? Will larger households get a larger free allowance of water? Where individuals have special needs for extra drinking water, will the extra amount be free? Will individuals with medical conditions requiring frequent use of toilet facilities, for example those suffering from incontinence, prostate problems or Crohn's disease, be provided with extra free water for sanitation? These are some of the many questions still unanswered. The public and the House have a right to know the answer to the questions. I hope the Taoiseach answers the question.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Deputy Seamus Healy has made the case for the introduction of Irish Water or the Irish water board. In 2014, we cannot continue with 18,000 families having to boil water and having boil water notices issued to them on a regular basis. That is not on anymore. We cannot have a situation where up to 1,000,000 homes are the subject of intensive inquiries from the Environmental Protection Agency because of the inadequacy of the water system, nor can we have 40% of water produced, which the people pay for, leaking into the ground. As an example, some 60,000 litres of water leaked away from one house in Galway last year. This is not sustainable.

Given the extent of rainfall we have naturally, this should not be the case. If people are not in a position to consume the water that flows through the pipes, it cannot be allowed to continue. In the next couple of weeks, the Government will bring to the House the financial and structural model under which Irish Water will operate and it will include a very clear analysis and presentation of how this will operate, the extent of the charges that will apply, the follow through on the use of an allowance of water and the charge thereafter. The Government has taken this into account. It is in the interests of Irish Water being able to operate as a semi-State entity and being able to borrow money on the open market for real investment in the network of piping that is being retained in public ownership so that people do not have to boil water and so that we do not have 1 million houses under threat and so that businesses can say they will have an adequate supply of pristine, high-quality water. In all my time in here, I have listened, year after year, to people speaking about leaking pipes, asking why there is not a national scheme to fix it once and saying that, for a country that is able to build the rest of the world, surely we should be in a position to provide adequate water for people, consumers and businesses. This is putting in place a structure to carry us through the next 50 years. That is the reason for Irish Water and the financial and structural business model will set out all the details in the coming weeks.

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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What about group water schemes?

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Like the Cabinet, it is full of leaks.

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group)
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As usual, the Taoiseach has answered none of my questions. I asked policy questions for the Government, not questions for Irish Water, the regulator or anyone else. We can only assume that, by refusing to answer questions, the Taoiseach is kicking the issue down the road beyond the local and European elections. Is the Taoiseach aware of the European right to water campaign, which believes that water is a human right, as does the United Nations? The campaign includes 1.5 million European citizens who have signed a petition calling on the European Union to legislate to ensure all member states vindicate the right in laws. The vindication of the right is an obligation of sovereign governments. Will the Government support the call of the 1.5 million European citizens for an EU directive enforcing the principle? Will the Taoiseach instruct the Government's representatives to be present at European Parliament hearings on 17 February and to support the call? Will this country be shamed again like we were in 2010, when the previous Government of Fianna Fáil and the Green Party abstained on the issue at the United Nations?

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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Was Deputy Finian McGrath a member of the Government at that time?

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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No, I was not there that time.

4:45 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I accept the Deputy's challenge in the assumption that this will be kicked out beyond the local and European elections. I have always been a believer in explaining to people what is involved so they know in advance.

Photo of Timmy DooleyTimmy Dooley (Clare, Fianna Fail)
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Was that a conversion over the weekend?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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What will it cost?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Deputy can take it from me that the Government will before the local and European elections present its business and financial model so people can know what is involved in the very same way as we determined the property charges.

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group)
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The Taoiseach has answered none of the questions.

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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So those opposite will have to stop making up stories.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The fact that something becomes a human right does not mean it is always free. The Deputy's assertion is that this is some kind of political camouflage that will end beyond May. Deputy Healy can forget that, as the matter will be dealt with upfront and in advance so that people will know about it. The business and financial model to be produced here in a couple of weeks will set out the structure, method, allowance and the charge that will apply, so everybody will know in advance what it will be. The Deputy should understand that the charges which drive this are in respect of the Irish consumer and not Uisce Éireann, the people who work for Uisce Éireann or anybody else. This will be driven by consumer needs and requirements.

We are talking about providing an opportunity for the next two generations to have a system and supply of water that stands up to the needs of a modern country. We cannot go on with the business of 40% of produced water leaking into the ground. We cannot stand on doorsteps and say that we are so incompetent that we must continue to boil water or that 1 million homes are under threat because of irregular and inadequate supplies. It is time to end all that and put in place a basis for a supply of water of which every person in the country can be truly proud. The charges will be driven by the requirements of the consumer and not anybody else.