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Dáil Éireann debate -
Wednesday, 16 Sep 2026

Vol. 1090 No. 4

Saincheisteanna Tráthúla - Topical Issue Debate

I am raising this issue tonight because I continue to hear from people across County Cork who are waiting far too long simply to be seen by an orthopaedic consultant at South Infirmary Victoria University Hospital, SIVUH. The scale of this problem is extremely concerning. The most recent figures provided to me showed that 7,444 patients are waiting for an outpatient orthopaedic appointment at SIVUH. Let us pause for a moment to consider what that figure actually means. Almost 7,500 people are waiting for an assessment by a specialist. Many of these people are living with significant pain, reduced mobility and a deterioration in their quality of life while they wait. I want to give one specific example from my constituency.

John is a young man who has been on the urgent outpatient waiting list for an orthopaedic consultant since February 2025. He has been waiting for well over a year and he still cannot get an appointment. He is not someone who has been categorised as "routine"; he has been classified as "urgent". The situation has become so difficult for him that his pain is now having a serious impact on his daily life. In May this year, because of the severity of his pain, he was referred to a pain management consultant but surprise, surprise, he cannot get an appointment for that either. We, therefore, have a young man who has been waiting since February 2025 to see an orthopaedic consultant despite being categorised as urgent. His pain has become so severe that he requires a specialist referral and now he is waiting again. That is exactly what I mean when I say that behind every waiting list figure is a person. John is not a number. He is a young man who wants to get on with his life, who wants to work, who wants to be active and who wants to have his condition properly assessed and treated. Instead, he is stuck in a system where one waiting list leads to another. I am sure many other people in Cork are in a similar position.

I have been contacted by constituents waiting for hip and knee assessments. I have heard from older people whose mobility and independence are being affected. I have heard from people whose conditions are impacting on their ability to work and to carry out normal day-to-day activities. Perhaps most concerning, I have been contacted about patients who have been categorised as urgent yet still cannot get an indicative date for when they will be seen. This is extremely difficult for patients and their families to understand. If a patient is told by their GP that they need an urgent orthopaedic assessment, they quite reasonably expect that the health service would find a pathway to deal with that urgency. Instead, people are waiting and being left in limbo. They do not know when they will be seen. They do not know when they will receive a diagnosis. They do not know when they might begin treatment and all the while, they are living with pain.

The SIVUH plays a hugely important role in Cork and I want to put on the record my appreciation for all the doctors, nurses, consultants and all the staff working there. The staff are not the problem; the problem is capacity. We have to acknowledge that demand for orthopaedic services has increased significantly. We have an ageing population, people are living longer and they rightly want to remain active and independent for as long as possible but the current level of capacity is clearly not meeting the demand. We cannot simply accept that thousands of people in Cork should remain on an orthopaedic waiting list for months or, in some cases, years. I have been raising this issue directly with hospital management and HSE South West for many months. I welcome the fact that the options are being explored but almost 12 months later, we have no options presented to us. I would really like an update on this matter.

I thank the Deputy for raising this issue and for giving me the opportunity to provide an update to the House on this important matter on behalf of the Minister for Health, Deputy Carroll MacNeill.

I acknowledge the importance of addressing the long waiting lists. Many patients are still waiting too long for hospital appointments and treatments and the Government is conscious of the burden that this places on patients and their families as the Deputy rightly outlined. The Government has invested significantly in South Infirmary Victoria University Hospital and its budget has increased from €62.5 million in 2020 to over €102.5 million in 2026, an increase of 64%. Staffing at the hospital has also grown by 33.6% since 2020 and significant capital projects have been completed in recent years, including the refurbishment of two theatres to facilitate the relocation of ophthalmic surgery from Cork University Hospital to the infirmary in 2022. These investments contribute to allow more capacity for more activity in SIVUH.

There has been an 8% decrease in the orthopaedic inpatient and day case waiting list when compared to the same period last year. Currently, 330 patients are waiting for a procedure. However, there is a 10% increase in orthopaedic outpatient waiting list when compared to the same period last year. Overall outpatient referrals at the hospital have increased by over 4% across all specialties inthe first six months of 2026 when compared with the same period last year. Therefore, while capacity has increased, the referral rate is also increasing.

There are multiple streams through which this is being addressed. The Waiting Time Action Plan 2026 embodies the Government's commitment to reducing waiting times for these patients and patients everywhere. Under the National Treatment Purchase Fund, outsourcing initiatives are ongoing for suitable patients, focusing specifically on those patients waiting the longest. Some 800 patients have been offered this option so far in 2026. This involves a full package of care, including both outpatient review and procedure.

Physiotherapy-led musculoskeletal clinics are run for suitable patients on the orthopaedic outpatient waiting list. Here patients are seen and treated by a physiotherapist while they remain on the outpatient waiting list to see a consultant. Additional weekend clinics are being run to address the longest-waiting patients. Four weekend sessions have taken place in the last three weeks. South Infirmary Victoria University Hospital is also running evening clinics to address the longest-waiting patients in relation to upper limbs. From this Friday, 18 September, additional theatre capacity will also become operational at the hospital. This has been supported through additional funding for an existing theatre to facilitate additional sessions each week. The theatre will run from 8 a.m. to 5 p.m. initially and once the full complement of staff is in place, the extended day will commence with theatre schedules running until 10.30 p.m.

The Cork surgical hub is anticipated to be operational by the end of this month. The hub is part of Government's commitment to increasing elective care capacity through a national network of surgical hubs to meet medium-term demand. With an initial focus on the longest waiting patients, this surgical hub will have a significant impact on waiting lists through the delivery of additional activity for high-volume, low complexity day cases across 12 specialties, including orthopaedics. Once fully operational, each new surgical hub is expected to deliver additional annual activity of up to 18,500 outpatient appointments.

I thank the Minister of State for his response and for his engagement on this issue. I very much welcome the commitments made, particularly in relation to the additional theatre capacity, which will be available form this Friday and the opening of the Cork surgical hub in a number of weeks. I want to emphasise that for patients waiting for orthopaedic care in Cork, action is what is required now. We have almost 7,500 people waiting for an outpatient orthopaedic appointment. These are simply not numbers on a spreadsheet. They are living with pain, reduced mobility and uncertainty about when they will finally be seen.

I referred earlier to the case of John, a young man in my constituency who has been on the urgent outpatient waiting list since 2025. He still cannot get a date to see an orthopaedic consultant and his pain has become so severe that he was referred to a pain management consultant in May this year, and he cannot get an appointment for that either. That is not acceptable and it is not an acceptable patient journey.

I reiterate that I have been raising this directly with hospital management and I have been told repeatedly that options are being explored to increase capacity in waiting times. Almost 12 months later, however, we are still waiting for those options to translate into action.

I appreciate what the Minister of State said about the additional theatre capacity that will be put in place from this week, and also the opening of the Cork surgical hub in a couple of weeks. However, additional clinics are required so let us provide them. If additional consultant capacity is required let us address that. If additional diagnostic capacity is a barrier let us deal with that. Patients cannot be expected to wait indefinitely. I ask the Minister of State to ensure that the HSE South West and hospital management put forward a clear timeframe to reduce this waiting list with measurable targets and provide regular updates.

I thank the Deputy for raising this matter and take this opportunity to confirm that the Government is absolutely committed to further strengthening orthopaedic services for all patients in line with Sláintecare. This is illustrated, as the Deputy will probably agree, in the significant funding increase South Infirmary Victoria University Hospital Cork has received over the past number of years. Additionally, the Waiting Time Action Plan 2026 and surgical hub programme demonstrate the Government's commitment to reducing waiting times and increasing care capacity for patients in the region and nationwide. Under the waiting time action plan, outsourced initiatives are in place for suitable patients waiting the longest on South Infirmary Victoria University Hospital’s outpatient waiting list.

To support timely access to orthopaedic services the hospital is running additional clinics at the weekends and evenings and where clinically suitable, patients are offered physiotherapy services while awaiting appointments with a consultant.

Lastly, additional theatre capacity will shortly become operational and will further allow for additional sessions each week. I assure the Deputy that the Government, HSE and the HSE South West region remain committed to improving the service for patients of the regions. I understand the Deputy has been engaging directly with the Minister's office and the Minister on this case and I am happy to follow up with the Minister and her office to ask them to engage directly with him again. I thank him for his great work and vigilance in trying to ensure people get the best possible care in his constituency and hospital. I assure the Deputy that the HSE and South Infirmary Victoria University Hospital are committed to reducing waiting times for orthopaedic services. The delivery of high-quality patient-centred care is best practice and remains at the centre of all hospital activity.

Mental Health Services

I want to raise the vacancies in CAMHS services and occupational therapy posts in Dublin North-West. We are going to be talking about vacancies in services but it is important to recognise that behind every one of those services is a child waiting, a parent fretting with concern and a situation that is long past untenable that is having a detrimental impact upon children the length and breadth of this country. In particular, how many occupational therapy posts are vacant in CAMHS Dublin North City and West? I am open to correction but I believe the number is four.

The Minister of State has been in this Chamber a lot longer than I have and one of the things I have found most difficult during my time is each time I have to see a parent bring a child into the Gallery, or a representative regardless of party or whether they are an Independent, and stand and talk about the individual service that is not being given to the child which they should be able to take for granted. They talk about a vindication of a right, be it a wheelchair, access to a school place or therapy that can improve the life of that child.

I am going to speak about one individual child and I find it regrettable that his mother Niamh has had to give me permission to come to the Dáil Chamber and speak about her pain and the lack of dignity afforded to her child by the State. The child's name is Tom. He is nine years of age. Tom has autism, dyspraxia and ADHD. He has significant sensory and emotional regulation needs. His mother has done absolutely everything we constantly ask parents to do. Tom was referred to CAMHS in March 2025 but it was October, seven months later, before there was any engagement at all from CAMHS. Since then, his mother Niamh has engaged with CAMHS and pursued an assessment of need. She brought her child to the hospital when things became so difficult that he needed urgent care to keep him safe. She has been imploring each of us as public representatives in the area for help, and not only that, but has advocated, organised and brought collections of other parents together in Dublin Central and around the country to better advocate for services across the board. Throughout all of this, occupational therapy was identified as something that could help her son, Tom.

In July, I thought we finally had made some progress. The HSE wrote directly to me about Tom and told me very clearly "this young person has been offered an appointment for occupational therapy intervention in CAMHS." In August, after Tom's assessment of need had been completed and occupational therapy recommended, his mother was told the occupational therapist in CAMHS North Great George’s St was on long-term leave. There was no certainty on when that person would return so we wrote to the HSE again. His mother was brought in for a meeting last week and told that the occupational therapist is expected to return at the end of September. However, here is the part I find difficult to understand. Even if the occupational therapist returns at the end of September, all that is currently on the table for Tom is another assessment, not occupational therapy. It is just an assessment to determine what, if any, intervention can afterwards be provided. Tom and his mother have done everything asked of them. They were told a service would be provided. They have now been brought back in and told they are going to need another assessment for a service they do not know will actually materialise. Too often in this State an assessment of need becomes an assessment of things that simply are not available to a child who needs them badly.

I want to ask the Minister about CAMHS, occupational services in Dublin North-West. He might have some information for me, and I might talk to him about how we can help Tom.

I thank the Deputy for raising this very important issue, and for raising the case of Tom, who is nine years of age, and of his mother, Niamh, who has sought assistance and help from the Deputy and many others.

It is a priority for the Minister and Government to ensure that children who need mental health services can access them and access them on time. We recognise the impact that vacancies can have on service delivery. The Minister of State, Deputy Butler, has made clear that filling approved CAMHS posts must remain a priority across all regional health areas. The Government continues to invest significantly in youth mental health services. Under Budget 2026, the Minister secured an additional 94 posts for youth mental health initiatives covering crisis response, early intervention, specialist services and inpatient care. Over the past three budgets, 2024-26, the Minister of State, Deputy Butler, has allocated a total of 220 development posts to child and youth mental health services, representing 34% of all new development posts approved during that period. National community CAMHS staffing has continued to increase. Staffing stood at 730 plus seven clinical whole-time-equivalents, WTEs at the end of 2025, and had risen to 749.5 clinical WTEs by June 2026.

There are five Community CAMHS teams within the IHA area of Dublin North City and West which cover the districts of Cabra, Ballymun and Finglas, north inner city and Clontarf, Blanchardstown and Blakestown. These community CAMHS teams are experiencing significant increases in the volume of referrals received to the service coupled with increasing case complexity. For context, the volume of referrals to the five community CAMHS teams serving the integrated health area, IHA, of Dublin North City and West increased by 72% between 2021 and 2026. These five CAMHS teams have recorded 12,258 attended appointments in 2026 so far serving an open caseload of 1,173, including 491 new cases. The overall staffing level for the five CAMHS teams currently stands at 58.7 WTEs. The five CAMHS teams are currently carrying eight unfilled posts, all of which have been approved through the IHA Dublin North City and West employment control committee and are at later stages of further approval.

The HSE has acknowledged that recruitment remains challenging in a highly competitive international market for healthcare professionals, particularly for specialist mental health, psychology, occupational therapy and intellectual disability roles.

In response to workforce challenges, the national office for child and youth mental health, established by the Minister of State, Deputy Butler, published its youth mental health action plan in February 2025. A key commitment in the plan is the development of a comprehensive recruitment and retention strategy for youth mental health services. The Minister of State has engaged directly with regional health areas on the need to increase activity and innovation in youth mental health services and has written to regional executive officers requesting that recruitment to approved CAMHS posts be prioritised. Particular attention has been given to ensuring multidisciplinary teams can recruit across the range of disciplines required to provide comprehensive care.

We hear about numbers, facts, figures and commitments of Government. I do not believe anybody wakes up in the morning and intends to do bad or ill; I believe everyone has the very best of intentions. However, when I hear that recruitment remains challenging, I think to myself that what is unimaginably challenging is for a mother - I used the example of Niamh because she gave me permission to do so - seeing her child's development impacted by the absence of a post. Are we doing everything in our power to fill those posts? What are the gaps? When will they be filled?

The Minister of State spoke of an increase in demand. That reflects well on society. We are more conscious of the complexities in a child's development which require therapeutic interventions. These are choices that can be made. Do we need to pay more? Do we need to develop more education pathways for people into CAMHS? The situation at the moment is not tenable. We are watching the erosion of children while parents are making themselves legal experts and experts in therapy. They are organising among themselves. They are providing education to their children in very difficult circumstances. All the while the State is saying that things remain challenging. I cannot believe we will go into a budget in a couple of weeks' time with tax cuts on the table while we have such need among children in this country. They are asking for the basic necessity of access to therapy so they can live their lives in a way regulated to the needs of the society we are asking them to live in. It is a gross shame on us collectively as a State that this remains the situation. I hope we can find a solution for Tom and for as many children who need therapy as possible.

As the Deputy outlined, recruitment is challenging. We hope a solution can be found for Tom and his mother and for many children in that situation. The Government remains committed to strengthening CAMHS through sustained investment and improved workforce planning and targeted recruitment so that vacancies are reduced and children and young people can access the care they need as quickly as possible. The ambition to expand child and youth mental health services is delivering for children and young people. Budget 2026 continued the investment in early intervention with new services across the country. The programme for Government commits to a new model of care and pathway for primary care psychology for young people, which is in development. The aim is to intervene sooner and reduce the need for CAMHS intervention. This year will also see the establishment of a new specialist CAMHS eating disorder team and two new specialist CAMHS mental health with intellectual disability teams, and an increase in CAMHS inpatient capacity by 18 beds.

This is not all about new resources. The Minister of State, Deputy Butler, completed a national tour of over 20 CAMHS teams and identified a series of necessary reforms to improve access to CAMHS, including a new dedicated ADHD pathway which is in development. The HSE is implementing a single point of access for children's primary care disability and mental health services, which will reduce inappropriate referrals and place the burden on services rather than families having to navigate a complex system. A no-wrong-door approach is also being trialled in youth mental health services in Donegal, Dublin and Galway to connect young people with services that can meet their needs if they are not deemed to meet the threshold for specialist CAMHS care. These developments, coupled with the existing wide range of HSE youth mental health services, will ensure children and their families can access care supports that make a real difference to achieving recovery.

Special Educational Needs

The WALK peer model is the cornerstone of the Government's WALK peer ability programme for young people with special educational needs. The programme was developed as a supported transition model in 2013 with the aim of bridging the gap between leaving special school and successfully transitioning to further education, training or employment. This unique model has been supporting young people in my constituency of Louth for many years. It has faced down potential closure on more than one occasion and it manages on piecemeal annual funding. In spite of all these obstacles, it has thrived and grown. We have heard multiple Ministers and Governments tell this Chamber that inclusion will be at the heart of everything they do in breaking down barriers to ensure everyone is provided with opportunities to reach their potential. Clearly, this does not apply to young people in my constituency; it certainly does not extend to students in Drogheda, who are set to lose the vital WALK peer ability programme due to the Government cutting the funding this December.

Inara is a young autistic girl who is thriving in Ballymakenny College in Drogheda with the support of the WALK peer programme. Her parents told me that WALK peer brought her from darkness into light and that it is the reason she stopped crying going to school. She is in sixth year and they are now at their wits' end, having been told she may lose this support. They are very worried about what will happen when she leaves school without the programme's support. This cruel decision has far-reaching consequences for Inara and many other young people. The Government has decided young people in Louth and beyond will not have this vital support beyond December. It has decided to end this lifeline for young people with additional needs, with no commitment to even finishing out the academic year. The decision to end the WALK peer supported transitions programme in our schools is wrong, the failure to continue providing vital post-school careers and employment facilitator supports to these young people is wrong and the decision to essentially disregard the findings and recommendations of the PASTEL report is wrong. This programme is not merely an educational piece to be led by educators. As the Ministers well know, the WALK peer careers and employment facilitators play a vital and unique role. They co-ordinate and support the student, family, school, further education or training provider and prospective employers, while ensuring a person-centred pathway.

Who decided young people with disabilities or additional needs in school like Ballymakenny College do not deserve to know what will happen to their programme beyond December? What rationale was used to justify abandoning an evidence-led model that makes a meaningful difference to the lives of young people with additional needs who already face so many barriers? Will the Minister of State and the Government put their money where their mouth is in the upcoming budget and support the submission made by WALK to fund this vital support into the future? Will they give a commitment to parents and young people in Drogheda and beyond that the programme will be funded for this entire academic year and that young people like Inara will not be abandoned? Will they urgently engage with WALK to discuss the future of the WALK peer model in a meaningful way and explore how it can complement, integrate and guide the work Government does when it comes to the national transitions policy?

I am sickened to my stomach to even have to raise this here tonight. As cruel blows go, this latest stroke by Fianna Fáil and Fine Gael, targeting some of our most vulnerable young people, is the lowest of the low. To give a lifeline to somebody who desperately needs it and then snatch it back is just rotten to the core.

I thank the Deputy for the question. The programme for Government includes a number of commitments relevant to students attending special schools. These include the development and strengthening of bridges from special schools into employment. This is a priority commitment for the Government, as seen in the National Human Rights Strategy for Disabled People 2025-2030. An interdepartmental steering group co-chaired by the Department of Education and Youth, the Department of Children, Disability and Equality and the Department of Further and Higher Education, Research, Innovation and Science has been established to oversee this work. A priority action for the group is the development of a national policy on transitions. This work is ongoing and a report is expected by the end of this year. Over the past four years, the Department of Education and Youth, in partnership with the National Council of Special Education, NCSE, and Walkinstown Association for People with an Intellectual Disability, or WALK, has been testing two different approaches to a transitions support model. A teacher-led programme has been operating in 41 special schools as part of the Department's response to the comprehensive employment strategy for disabled people.

The WALK peer ability transitions programme, to which the Deputy refers in the question, is currently supporting ten schools, including seven special schools and three post-primary schools in Dublin, Louth, Cork, Cavan and Westmeath. This programme is delivered by careers and employment facilitators who work directly with students in their final two years of school but also support the students for a further three years post-school. Both pilot programmes finished in June. Both programmes have been externally evaluated and were the subject of very positive feedback from all the participant schools and stakeholders more broadly. Both evaluations recommended the expansion of a transitions type model of support to students.

In relation to the WALK peer model specifically, funding of €2 million has been provided through the Dormant Accounts Fund, DAF, over the past four years to support the programme in the ten schools. The programme is fully funded until December 2026. To provide a continuum of support until June 2027 for students supported by WALK who left school in 2026, the Department has submitted an application through the DAF 2027 for additional funding and a decision is expected shortly. In addition, a number of Departments have received a submission from WALK to extend and expand the programme over the next four years. While the outcomes of the programme are positive, the scalability of the model to all special schools over the next number of years is limited relatively and the scalability of the teacher-led CES transitions model. Based on the outcomes of both pilot programmes and subject to the total funding available, the Minister, Deputy Naughton, and the Minister of State, Deputy Moynihan, announced a new transitions support service for all special schools in June this year. The purpose of the new service is to support young people with disabilities as they prepare to move from school into further education, training, employment and other post-school opportunities and pathways. In addition, the focus of schools’ work can be on supporting transitions into the school. The service is being rolled out to all special schools from this month and will be managed by the NCSE. The service provides each special school with 34 transition support teaching days per year. This flexible allocation will allow schools to deliver transition support at the times it is needed most throughout the school year.

Again, I thank the Deputy for raising this very important issue.

I note that the Minister of State spoke about giving people the best possible care and services they require. I hope it is not lost on the Minister of State that WALK peer has dramatically changed the lives of young people with special educational needs in my constituency and other counties. Countless young people have availed of the programme. In most cases, it has literally been a lifeline for young persons and their families. The recent PASTEL report from DCU undertaken by Dr. Scanlon provides compelling evidence that the WALK peer supported transition model is a high-impact, cost-efficient and policy-aligned model for improving outcomes for young people with disabilities. Maybe if the Department of education had attended the launch in DCU last November to which it was invited, it might know that itself and it might not have made the decision to cut this funding. If the Government is serious about developing its national transition policy in the context of the national human rights strategy for disabled people, then it has to get more serious about engaging with WALK and about integrating or complementing the WALK peer model into this planning.

As a TD who meets families of young people with disabilities and additional needs on a regular basis, I can tell the Minister of State that many of these families are oblivious and frankly are not remotely interested in lofty policy documents or interagency reports. What they know is that they have had to battle to access services for their children from a young age. That battle is constant. From assessment of need to special school places and SNA provision, the list goes on. This Government decision is another slap in the face to these families and an absolute insult to young people with disabilities or additional needs who rely on the WALK peer programme. This decision can and must be scrapped. I again ask the Minister of State to take it back to his colleagues.

I have three main asks of him tonight, namely, to commit to interim funding beyond December to ensure that the programme runs for the entire academic year that they are currently availing of the supports at the moment, scrap the winding-up of the programme and provide funding to continue the project as set out in the WALK submission to the Government and urgently meet with WALK to meaningfully discuss the future of the programme with a particular focus on the post-school needs of young people currently in the programme. For an Aire, I have pages and pages of other testimonies from parents who are suffering the same worry at this time.

The Deputy wants the best possible outcome. That is what we all want. In relation to the WALK peer model specifically, the Deputy wants more funding. I will bring her views back to the Minister.

The provision of transition supports for students in school is a key priority for the Government and the Department. As I outlined, there is a commitment, as the Deputy said, under the National Human Rights Strategy for Disabled People 2025-2030. The first programme plan of action 2025 will see the work within the Government and with others to improve retention rates and progression for disabled children and young people as they deal with transitions within education. Both pilot programmes have identified the need for a transition support model for students with a disability and recognise the importance of interagency collaboration. Both programmes have been welcomed by participant schools and widely considered as hugely beneficial to the sector. The provision of time and staffing to schools has afforded them the opportunity to work directly with the students in their final years in school to develop individualised transition plans. Reports from schools suggest that a dedicated transition planning programme relates directly to better outcomes for students. The new transition programme will build on the pilots and should be seen as a first step in providing transition support to students in special schools.

Again, I thank the Deputy for raising this issues. I will bring her concerns, ideas and views back to the Minister.

Housing Policy

The issue that I am raising relates to back yard dwellings and the new regulations that were announced over the summer. Regarding the regulations, back yard dwellings may work in a certain number of limited cases. I am not going to come in here and knock them, but it is only a certain limited number. There are already issues arising regarding the size of a dwelling, with the main one being that they are counted as class 3A buildings. One is allowed to build 45 sq. m, but if there is an existing small garden shed, garage, greenhouse, small store and so on, they are all counted within the 45 sq. m. However, the dwelling cannot be below 32 sq. m. A dwelling of 45 sq. m gives enough space for one or two people but 32 sq. m would be very small. If someone wanted to built one at 38 sq. m, the fact they had a small shed already would rule that out. If there is a small shed of 14 sq. m, for example, on the site, which would be a very small garden shed like one would have in Leitrim, Sligo, Laois or wherever, one cannot meet the minimum size of 32 sq. m. The way the regulations are framed, it is not possible to have a dwelling and a shed, greenhouse or store. I would say there are none going through in the Minister of State's county. There are certainly none going through in Laois at the moment.

This is regardless of the size of the back garden, yard or site. I am dealing with a case where the owner has a site comprising 1.4 acres. In fact, it is nearly a field. It is a huge site. However, there is already a 15 sq. m small fuel shed on it. The fact that there is a 15 sq. m small shed on it means that the owner cannot put in a modular dwelling for an elderly relative on that site. Does the Minister of State get what I am saying to him? If we take the 15 sq. m from the 45 sq m., that leaves 30 sq. m, so they cannot put anything into it. I am dealing with another case where the owner has 0.6 acre - almost two thirds of an acre - but there is a garage on the site. It is a single-car garage, as is common in almost every rural dwelling around the country. That cannot be done there. I estimate that for 80% of homes and premises in the likes of Laois or most mixed counties where there are towns and rural areas, it will not work. It will be the shed or the dwelling.

A number of other issues arise, such as where there are existing entrances onto regional and national secondary roads. What happens where a house has been given planning permission in previous years and there is an entrance onto a national secondary route or a regional road? There is the issue of water running off roofs. This is going to be an issue where there are neighbouring dwellings. There is the distance from the next-door neighbour. This will become an issue in more urban areas. I live in a housing estate, for example. If there was a modular building put in the garden each side of me at 0.6 metres from the house, that is two ft from my house.

That will become an issue and needs to be revisited. This is the key issue. There is no inspection by the local authority. There is simply a requirement to notify the local authority with a minimum of 14 day's notice. The memo from the Department to the local councils states that this provides the basis for each planning authority to report to the Minister for housing on a regular basis about the uptake of the measure. That is what it is for. It is only to report to the Minister how many has been done, but there is no site assessment or nothing is being done with these. There are a number issues there that need to be sorted out.

Thank you, Deputy. You are over time.

It can work for a limited number of dwellings but there are problems there. I raise these sincerely and I am appealing to the Minister of State and to the senior Minister to resolve this.

I thank the Deputy for raising this matter and giving me the opportunity to update Members on this important measure, which was signed into law during the summer recess following the approval of the Houses of the Oireachtas at the end of last term. I am taking this Topical Issue on behalf of the Minister for Housing, Local Government and Heritage, Deputy James Browne. The Deputy has asked some very technical questions. I do not have the answers but I will certainly endeavour to get those answers for him.

On 27 July 2026, a suite of exempted development regulations came into effect to expand the exemptions available to homeowners to maintain and improve existing residential dwellings. The central purpose across all the changes that have been introduced is to facilitate the efficient use of residential space through enhancements, expansion or adaptation over the different stages of the life cycle while also lifting a regulatory burden on both the citizen and the planning authorities. The revised exempted development regulations include a new class 3A, which allows for the construction, erection or placing of a detached house in the rear garden of a principal house, subject to certain conditions and limitations, as set out in SI 340 of 2026. It should be noted that planning legislation does not specify the method of construction and, therefore, class 3A is referred to as a detached house in the rear garden of a principal house and not specified as a modular home. I can confirm that all relevant building control legislation shall apply to such structures, including building regulations such as fire safety and building control regulations.

On 28 July, the Department published guidance on the application of building regulations and building control regulations, highlighting the principal matters, including fire safety, that needed to be considered when building an auxiliary dwelling in the rear garden of an existing dwelling house. This material highlighted that the performance requirements of the building regulations for a new dwelling would apply to such structures and confirmed that the key building control procedures that would apply included the requirement for certification by appropriate qualified professionals. A planning circular was also issued to the planning authorities at the end of July with guidance on the expected operation of the measure. Those who wish to utilise the planning exemption must notify the relevant planning authorities at least 14 days before they commence the work on the development, as set out in condition No. 16 of class 3A. The regulations also require that the planning authorities will report to the Minister on the notifications received regarding the use of class 3A. This will provide a basis to review the uptake and operation of this measure over time, as is appropriate for such a new measure.

The Deputy raised some interesting issues regarding garden sheds and whether they would be taken into consideration when looking for a new modular development in the back garden. These are areas to which I do not have the answers but I will certainly be glad to raise them with the Minister on the Deputy's behalf.

To summarise it, the key issue is fairly straightforward. If you take any county outside the Pale, very few houses would not have some structure there already, such as a garage, greenhouse, store or whatever. That is the problem. It is going to be a shed or it will be the cabin or modular development. I know they do not have to be modular and can be a different type of self-contained structure. They will work in certain cases and I welcome that, but they are not moving at the moment. There is no one moving on them because of these problems. The big message I want the Minister of State to take back to the senior Minister and to the senior officials in the Department, because this has not been thought through properly, is that by bundling existing sheds and greenhouses in class 3 structures in with the new class 3A, you are taking up so much of the 45 sq. m that you cannot have the cabin. That is the problem. You cannot have the backyard dwelling. That is one thing that needs to be sorted out.

The second thing that needs to be sorted out is the size of the site. The Minister of State gets it. He is from a rural area, so he understands what 1.4 acres is. It is massive. It is a small field. However, despite the fact that the existing dwelling on the site has been there a long time and is serviced by town water and town sewerage, people cannot move on it. They cannot put the small modular or backyard cabin on this site for the elderly relative because there is an existing fuel shed of 15 sq. m. The 15 sq. m leaves them with 30 sq. m., but the minimum they can be is 32 sq. m, so it is game over for them. That needs to be taken into account. The way the measure is constructed at the moment is not practical.

The Minister of State is saying that these dwellings will require certification and be subject to building regulations, but who is going to inspect them? All people have to do is notify the local authority 14 or 15 days before they are going to put it in there and that is it. That is a problem.

Thank you, Deputy. You are over time.

With regard to housing estates, there is the proximity to existing dwellings on tight housing estates with small backyards. Those are the three things I ask the Minister of State to bring back for me.

As with all new legislation, time must be given to allow for the operational implementation of the new measures across the 31 planning authorities. Where any individual has concerns about the use of any exemption, they can engage with the relevant planning authority prior to submitting their notification to use a class 3A exemption. It is a matter for the planning authority to investigate any concerns raised on a case-by-case basis and determine if enforcement proceedings are or are not required, as the case may be.

Under section 30 of the Planning and Development Act 2000, the Minister for Housing, Local Government and Heritage "shall not exercise any power or control in relation to any particular case with which a planning authority or [An Commission Pleanála] is or may be concerned." The Minister is specifically prevented from interfering in individual cases, which is most important to maintain the independence of the planning authority and the commission.

I know the Deputy is not talking about any particular case but he has come up with some interesting views regarding existing sheds and greenhouses and how they may not be taken into consideration in the development of these modular homes, the size of the sites at 1.4 acres, and there not being enough space in housing estates. It is new legislation. I would say that a lot of the issues the Deputy has raised have been teased out, but I am happy to bring them back to the Minister and discuss them with him.

I thank the Deputy for raising these important issues.

Legal Aid

I thank the Minister for Justice, Home Affairs and Migration for making himself available for this Topical Issue. It is an example his colleagues in Cabinet would do well to follow but I commend him for doing so. I also wish to take the opportunity to put on record my best wishes to Deputy Michael Healy-Rae following the disgraceful attack on him earlier.

I am sure the Minister came away from the "RTÉ Investigates" programme like myself. There were seriously concerning revelations in respect of protected disclosures. This Topical Issue is not to discuss that, but that will be a big test for him as Minister. For public confidence in An Garda Síochána and the accountability and structures that were put in place following previous scandals, the public need and deserve to know that they are operating effectively. I am sure we will be discussing that.

Regarding the criminal legal aid dispute, it is appropriate that on the first day back, however late, we are getting an opportunity to discuss this matter. The Minister has said that the courts are operating effectively despite the ongoing dispute within the criminal legal aid scheme. That is not the reality. As recently as today, Judge John Hughes in the District Court has warned us all. He sent a very strong warning that people were going to get hurt if this was not resolved.

Despite the picture that the Minister has tried to paint, there is chaos in our courts as result of the dispute and the withdrawal of many criminal legal aid practitioners. The dispute has caused widespread adjournments. It has delayed trials and sentencing hearings and created growing case backlogs. It has restricted access to legal representation for many defendants, and it has undermined the efficient operation of the courts. It has done the exact opposite of the Minister's stated objectives, and I know from a number of conversations that it has caused serious distress for many victims who are seeking justice. We know that habeas corpus applications have increased, as some applicants who did not have legal representation have challenged the legality of their detention and sought release from custody. 

Garda interviews conducted without a solicitor raise concerns and will undoubtedly lead to legal challenges around fair procedures, informed legal advice, the admissibility of evidence and the protection of suspects' rights, and the risk of convictions being challenged.

I do not know, and maybe the Minister can confirm, whether he is aware of the reports that the dispute has contributed to significant numbers of defendants actually failing to attend court because in many cases they rely on the solicitors for information. It was reported that more than 25 bench warrants were issued by a single judge in just under two hours in Dublin District Court when around three quarters of listed defendants failed to appear at just one court sitting. 

The Minister's approach has been one of arrogance. There has been a failure to engage properly and that is at the root of the reason this dispute is ongoing. I have a number of questions that I want to put to him. Does he accept that criminal legal aid is a fundamental part of ensuring access to justice and the right to a fair trial? How many Garda interviews have taken place without a solicitor present because a legal aid solicitor was not available? Can he confirm how many habeas corpus applications have been before the High Court since 1 July and how much this has cost the State? Is he concerned that some people are held on remand who should not be, while others are being released on bail as a result of habeas corpus applications, when that is probably not appropriate? How many adjournments have resulted from the ongoing dispute?

I thank the Deputy for putting down this important Topical Issue. Of course, I am here to answer it. I am the Minister for justice, and it is a very important issue that he has raised.

I have great respect for not just solicitors and barristers, but for everyone who operates within the legal system. I worked as a barrister for 30 years. On every case I did, I worked with solicitors, so I am fully aware of the central role played by the legal profession in the effective administration of justice and that is particularly so in the area of administration of criminal justice.

To answer the question the Deputy put directly to me, I fully accept that the criminal legal aid scheme is fundamental to upholding the constitutional and human right to a legal defence. I want the Deputy to know as well that the only reason I have introduced these reforms is to try to make the system more effective and efficient while ensuring that those accused of crimes are provided with legal representation. 

The reform of the criminal legal aid fee structure in the District Court does not affect the ability of solicitors to engage in criminal legal aid work. The changes I have introduced are changes to the payment structure in the District Court but the advantage of having a forum such as this is that I am able to get across other aspects that do not get much attention. 

On 1 July, I introduced an 8% increase for practitioners who are operating in the criminal legal aid payment area and that is for practitioners in the Circuit Criminal Court, Central Criminal Court and the appeal courts. This represents the total restoration of the criminal legal aid fees that were cut under FEMPI and that had not been reinstated by previous Ministers, but that I reinstated. 

In terms of where we are at present, I accept that there are different issues in different parts of the country. Dublin is problematic, but the Deputy has to accept that in other parts of the country, the scheme has been accepted by solicitors. More than 600 solicitors remain on the criminal legal aid panel as criminal cases continue to be dealt with in the courts and, just as a sign of it, 24 solicitors who resigned from the panel have reapplied to be reinstated and have been reinstated to the panel. Since 1 July when the new system came in, approximately 1,430 new certificates for legal aid in the District Court have issued. Under this system, for cases in the District Court, regardless of the number of appearances, a set fee of €520 was payable to solicitors, replacing the appearance-based sliding scale fee. The structure provides for a full separate set fee for each defendant in court on a given day and removes the link between payments and the number of appearances or legal aid certificates granted.

One of the factors we have to look at, and the Deputy is an intelligent person who looks at data, is that the volume of cases in the District Court has decreased in recent years, yet expenditure on legal aid in the District Court has more than doubled from €19 million in 2015 to €41 million in 2025. It was for that reason that the Department conducted the review of 350,000 District Court cases that took place in 2022 and 2023. That review established that when there is criminal legal aid, those cases take, on average, 313 days in the District Court and without it, 133 days, so while cases with criminal legal aid took significantly longer than those without, the outcomes were similar.

The reforms aim to address the structural issues identified during this review, such as excessive adjournments resulting from the payment per appearance model, and to deliver a reformed criminal legal aid system that works for everyone. I am not suggesting that the Deputy is solely focusing on the interests of solicitors but my priority when I look at this is what is in the best interests of court users and the public, When it comes to trying to introduce reforms and efficiencies in the District Court, I have to look at the payment structure that I have put in place. If that structure is incentivising adjournments and delays, I am responsible for that and I have to do something about it.

I never pretend to have a better understanding of the court system than the Minister, as somebody who has practised. As he said, I just look at the facts before me. Even if we were to accept the bona fides of the his rationale for introducing this system, and he says the primary reason is a more effective and efficient court service. Nobody could argue that we have a more effective court system as a result of these changes brought in. The court system is in disarray.

The secondary reason is the costs, the excessive costs, as the Minister called them. I have concern that the flat rate model will actually lead to increased costs because, as by his admission, many people will get substantially more for some cases than they would have previously. 

However, we have to accept the reality and the reality, as I know it, is that in July of last year, there were 10,000 plus criminal legal aid certificates. In July of this year, that number was 702. There is no way the Minister can attribute, as he suggested, that to be the result of the lack of adjournments or more efficiencies. That is a result of solicitors refusing to engage.

The area that I have a little bit of knowledge about, because the justice committee, which I Chair, has carried out extensive work on it, is the criminal legal aid scheme, which, again, is an absolute disarray in many parts-----

It is the civil.

-----of the State. I apologise, I meant the civil legal aid scheme, which saw a 60% reduction that has been attributed to the fee model that was applied there. The Minister has repeatedly stated that he has a responsibility to address the excessive adjournments, and I agree with that. 

However, he follows it by saying the excessive adjournments resulting from the pay structure. Yet, he has provided zero evidence that it is actually solicitors or their want to get additional payments that is actually the cause of a significant minority, never mind a majority, of the adjournments

I appeal to the Minister in the strongest possible terms. I know there is a political benefit for him in this in terms of being seen to face down solicitors.

They probably have about as much sympathy among the public as politicians, and I think they will accept that. They carry out a critically important piece of work. Let us forget about solicitors, however, because people who are seeking access to justice, including victims, need to be assured that our court services are operating. Right now, they are not. It is the Minister's imperative, in my view, to engage with the stakeholders and engage constructively to bring this matter to a resolution as speedily as possible.

The Law Society produced a very good report earlier this year. One of the issues identified in the report, Justice Indicators, is that criminal cases in Ireland take considerably longer than criminal cases in the rest of Europe. In terms of the process of trying to speed up the administration of justice, there are very few levers I have. However, I genuinely believe one of the levers I have is the mechanism of payment. If I have in place a mechanism of payment that incentivises adjournments and delays, that is necessarily going to happen.

The Deputy mentioned that in July there were only 700 or so certificates, I think he said. The solicitors across the board were on strike in July. The new data we have since the courts opened on 1 September show that about 1,430 new certificates for legal aid have issued since then and around 700 of them have issued in the past two weeks or so. That is a significant commitment.

What was the corresponding figure last year?

Every Friday I see the list coming in. It is happening across the country that the criminal legal aid system is operating within the District Courts. I appreciate there is an issue in respect of Dublin.

The Deputy said that I might not receive political benefit in this. There is no political benefit in this for me by having a row with solicitors. I do not want to have a row with solicitors. I want to have an effective criminal justice system operating and I want to do something more about civil legal aid as well. I am sure Deputy Carthy will keep me to account in respect of that. The only reason I am introducing this new model is that I genuinely believe that this is going to improve efficiency within the court. If we look at the data we have at present, we see that 75% of the cases that have concluded since 1 July concluded within one day. So there is a huge advantage in having a flat fee, which is a generous flat fee of €520. When somebody is before the courts and it can be dealt with promptly, let us deal with it promptly.

I have engaged with The Law Society. I very much respect the work it does. I sent a letter to its president yesterday. I will continue to engage with them and I have said in respect-----

You sent a letter saying you would not engage with them.

I have changed before and I said in the letter yesterday that when it comes to the issues such as the Children's Court, once I get the data if it looks like I need to change it, then I will change it.

Cuireadh an Dáil ar athló ar 10.43 p.m. go dtí 8.47 a.m., Déardaoin, an 17 Meán Fómhair 2026.
The Dáil adjourned at 10.43 p.m. until 8.47 a.m. on Thursday, 17 September 2026.
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