I welcome the Minister of State, Deputy Niall Collins, to the House for the first and second Commencement matters.
Nithe i dtosach suíonna - Commencement Matters
Court Accommodation
I welcome the Minister of State. I appreciate his taking the time to answer this Commencement matter.
As those who are long-standing Members of this Chamber will know, this is an issue that I have been raising since my election in 2016. There is a long and sorry history to the proposed new family courts complex at Hammond Lane. The site was bought in 2000 by the OPW, and a new family law complex for Dublin was promised in 2014. Currently, Dublin's family law courts are housed at Dolphin House, Phoenix House, Chancery Street and the Four Courts complex. As a solicitor, I know these courthouses well and have practised in them. They are completely unsuitable for court users and legal practitioners. They are old and without modern facilities. They are lacking in the privacy that the family law system needs, given that those who are engaging in complex family law issues need privacy.
In July 2023, almost ten years after it was announced that a new family law courts complex would be delivered at the Hammond Lane site, the Department of Justice gave approval in principle to proceed with the Dublin family courts complex as a public-private partnership. Until this point and still today - I passed by the site recently - it has been a massive hole in the ground in the north inner city. It is a blight on that community and a blight on Dublin, particularly the northside. In April 2024, planning permission was granted for a six-storey, over-basement building, including 19 courtrooms, consultation spaces, staff and judicial rooms, a variety of public waiting areas, spaces for mediation and domestic violence services and supports, rooms for legal practitioners and custody facilities.
This is really good and is needed for the people of Dublin. Dublin has waited long enough for this new family courts complex. I believe it is at the procurement stage at present. I ask the Minister of State to give us a clear outline as to where the project is at, when the procurement stage will be finished and when it will be open to the public.
I thank Senator Clifford-Lee for raising this matter. The construction of a purpose-built family law courts complex at Hammond Lane is a key priority for the Courts Service and is included in the national development plan. The new Dublin family courts complex will be a modern, purpose-built 19-courtroom facility, where family law cases can be held in a dignified, secure and non-threatening environment, with a range of support services to hand. It has been designed and will be built with the specific needs of family law court users in mind. The family courts complex at Hammond Lane will benefit families who interact with the courts at some of the most challenging junctures in their lives.
The project is being delivered as a public-private partnership. Good progress is being made in delivering this much-needed facility. Key achievements to date include the following points. Approval in principle to proceed with the project was granted by the then Department of Justice in July 2023 following the submission of a business case by the Courts Service, as the sponsoring agency. Detailed plans and layouts for the building were developed by the OPW and approved by the Courts Service. They provide for a six-storey, over-basement building, providing approximately 18,250 sq. m of purpose-built accommodation. Planning permission was granted by the Commissioners of Public Works in April 2024. Technical and legal advisers were appointed by the National Development Finance Agency, NDFA, on behalf of the Courts Service, in 2024. The procurement process was initiated in July 2024. The project is being procured by the NDFA on behalf of the Courts Service, in conjunction with the OPW, using the competitive dialogue procurement procedure pursuant to EU and national procurement law.
In November 2024, three candidates were prequalified to participate in the tender competition for the project.
Following preparation of the tender documents, the project was formally handed over to the National Development Finance Agency for procurement, in accordance with the project governance arrangements, in August 2025. On 28 August, the National Development Finance Agency issued the tender documentation to the three shortlisted candidates. I am advised that the competitive dialogue phase of the procurement process is complete. The closing date for the receipt of tenders is 25 March 2026. Subject to the successful completion of the procurement process, it is envisaged that construction will commence in 2027.
I thank the Minister of State. As he outlined, very challenging matters happen in these courts. We need secure premises. The Minister of State will know that a number of judges have been attacked in Phoenix House and Dolphin House. There are no secure arrangements in those buildings for people who are going into custody on foot of the matters being discussed. It is vital that this new building is built as soon as possible.
I am delighted to hear that the procurement process is finished. The Minister of State said that construction will commence in 2027. Does he have an approximate time in 2027 for its commencement? How long is it envisaged that construction will take?
I thank the Senator. As I stated, the Dublin family courts complex will be a six-storey-over-basement building that will provide 19 family law courtrooms, staff and judicial accommodation, consultation space, facilities for the Legal Aid Board and legal practitioners, and accommodation or a range of services that operate in the area of family law, including mediation services and providers of domestic violence support services. The building will have a variety of public waiting areas, including child- and family-friendly waiting areas, and will be fully accessible. On completion, the Dublin family law courts complex will replace the existing family law facilities in central Dublin at Dolphin House, Phoenix House and Chancery Street courthouse in the Four Courts. I will revert to the Senator with a firmer date in 2027 for the expected commencement.
Hospital Services
Cuirim fáilte roimh an Aire Stáit. He is welcome to the House. I would like to discuss an issue about which a number of grieving families have contacted me recently. It is the delay in their ability to hold the funerals of their loved ones due to a hold-up in carrying out post mortems in a number of counties throughout the country. The problem can become even more acute at weekends and on bank holidays. As I am sure the Minister of State can appreciate, the delays in getting loved ones returned to them add another layer of hardship on families who have just lost loved ones. Several hospitals across the country no longer provide the service due to a shortage of pathologists and the demand of daily diagnostic services.
I understand that approximately 6,000 post mortems are carried out annually in this country. They are ordered after a sudden, unexplained, violent or unnatural death. The service is reliant on consultant pathologists, who are employed in hospitals to step in to undertake coroner-directed post mortems, but a growing number of pathologists are opting out of the service for various reasons, including their own hospital workload, which does not allow them the time to opt in, adversarial legal questioning at inquests, and a fee of approximately €320, which has not changed for over 20 years.
A critical lack of pathologists nationwide has forced a reliance on locum doctors, some of whom are being flown in from the UK to manage the workload at a substantially higher cost and a higher fee than Irish-based specialists would expect to get for carrying out the procedure.
I understand there are clear recruitment challenges for the Office of the State Pathologist, with unsuccessful competitions for senior positions, despite increased demand from the criminal justice system. It would appear that we have a problem in certain parts of the country. I fully understand that this is not an issue in many parts of the country, but in some it has become a bigger issue. It is, unfortunately, down to a lack of pathologists able to do the job.
It is an issue that needs to be addressed. When families are grieving a loved one, they are in an emotional state to begin with. If there is delay in the family getting the loved one's remains back for the wake and funeral, it adds another layer to a very vulnerable family. I hope the Minister of State will be able to outline to me what plans the Government has to address the shortage of pathologists, which seems to be very acute in certain parts of the country.
On behalf of the Minister for Justice, Home Affairs and Migration, I thank the Senator for raising this important matter. At the outset, it is important to note that coroners are independent office holders whose core function is to investigate sudden and unexplained deaths so that a death certificate can be issued.
While the Minister for Justice, Home Affairs and Migration, recognises the significance and sensitivity of the coronial investigation process for loved ones of the bereaved, neither the Minister nor his Department can interfere with a coroner in the exercise of his or her statutory death investigation function. It is important to clarify that pathologists, other than forensic pathologists in the Office of the State Pathologist, are not contracted to either the Department or to coroners.
I am aware that securing the provision of the post-mortem examination service for the coronial death investigation function is challenging and the Minister has been engaging with the Minister for Health to address the reasons behind these challenges. There are issues arising with respect to the conduct of port-mortem examinations within the pathology profession generally, including relating to training and recruitment as well as competing demands on pathologists in areas of diagnostic and research work.
With this in mind, the Department of Justice, Home Affairs and Migration in April 2022 established a standing committee on the provision of coroner-directed post-mortem examination services, membership of which consists of representatives from the Department of Health; the Health Service Executive; the Office of the State Pathologist, the Coroners Society of Ireland; the Department of Housing, Local Government and Heritage; the Faculty of Pathology, Royal College of Physicians Ireland; and the Department of Justice, Home Affairs and Migration. This standing committee is an important forum with appropriate membership to discuss issues in relation to the autopsy service.
In November 2024, University Hospital Waterford, UHW, advised the Department of Justice, Home Affairs and Migration that it would discontinue its post-mortem examination service to coroners from 1 January 2026. Approximately 700 coroner-directed post-mortem examinations take place in University Hospital Waterford each year. Coroner-directed post-mortem examinations for counties Waterford, Wexford, Kilkenny and Carlow and part of County Tipperary are carried out in UHW. The Minister for Justice, Home Affairs and Migration is conscious that the situation in UHW reached a critical juncture in January this year when pathologists employed at that location indicated that they were no longer available to carry out post-mortem examinations.
The Department engaged with a number of firms proposing to supply locums to provide the autopsy service in UHW and has finalised an interim approach on this basis. Provision of this service commenced on 2 January. This approach is a necessity to minimise any impact on bereaved family members who are engaging with the Coroner Service. However, a long-term sustainable solution is nevertheless required whereby locum pathologists are not relied upon to provide the autopsy service and instead this important service to the community is provided from within the pathology profession in Ireland generally.
I thank the Minister of State for his comprehensive response. I welcome the fact that a standing committee is looking at this issue to address the areas where a shortfall in the service exists. It is a very emotional and sensitive time for families and it is important that the State does all it can to ensure that the delay in conducting post-mortems is addressed as a matter of urgency. I am happy that all the relevant stakeholders are getting together to ensure an adequate service is available regardless of which part of the country one hails from.
It is important to note that policy and operational responsibilities for the provision of post-mortem examination services to support the work of the Coroner Service are supported by several Departments and agencies.
The Department of Justice, Home Affairs and Migration is responsible for the legislation underpinning the work of coroners while the provision of post-mortem examination services is largely provided through health service personnel. In October 2024, following a wide-ranging consultation, the Government approved the drafting of a general scheme of a Bill to reform the provision of the coronial services in Ireland. Officials of the Department of Justice, Home Affairs and Migration are currently working on drafting heads of Bill in this regard. The legislation intends to streamline and reform the existing coronial service with a view to increasing efficiencies in the service and minimising the impact of the death investigation experience on the bereaved. A central aspect of this is the establishment of a national coronial agency under the aegis of the Department of Justice, Home Affairs and Migration.
Seaweed Harvesting
First, I thank the Leas-Chathaoirleach for choosing this Commencement debate. I welcome the Minister of State, Deputy Dooley.
The Foreshore Act 1933, was replaced by the Maritime Area Planning Act 2021 as it relates to this matter of seaweed. Schedule 7 to the MAP Act sets out maritime usages in relation to seaweed and the harvesting, distribution or removal of seaweed whether grown or rooted on the seabed or deposited in or washed up thereon by the action of any one or more than one of the following: tides, winds and waves. Therefore, the view of the Maritime Area Regulatory Authority, MARA, is that the harvesting and collection of seaweed requires a licence from MARA. I understand senior counsel's advice was obtained to ensure it has the correct interpretation of this. That confirmed that a licence is required to collect or harvest seaweed where the person who privately owns that section of the foreshore holds other traditional seaweed harvesting rights or holds no rights at all. It also confirmed that existing rights holders have priority over new applications for licences and any licence being issued to a new harvester will be on the basis that, should a party with traditional private seaweed rights that can be proven subsequently come forward, the licence to the new harvester will be rescinded. It has also taken the view that the collection and harvesting of small volumes of seaweed on a non-commercial basis for personal or domestic use does not require a licence.
I also understand that it contacted the Department requesting that it would consider drafting regulations in terms of the low-usage impact of seaweed harvesting and that that would be exempted from the requirements to hold a licence under section 7 of the MAP Act. Seaweed is a valuable commodity and a valuable resource but it also has enshrined in it certain traditional rights. As some people have said, it is treated as being like the field of war. Bhí MARA an-chúramach ina anailís ar an Acht MAP chun cearta na páirtithe go léir a chosaint. D'iarr sé ar chomhairle ón Ard-Aighne. Dheimhnigh an tArd-Aighne go bhfuil ceadúnas ag teastáil chun feamainn a bhailiú nó a bhaint, cibé acu a bhfuil an chuid den chladach faoi úinéireacht phríobháideach ag daoine a bhfuil cearta eile bainteach le baint feamainne acu nó nach bhfuil aon chearta aige nó aici ar chor ar bith. Dheimhnigh an t-Ard-Aighne freisin go bhfuil tosaíocht ag sealbhóirí cearta atá ann cheana féin thar iarratais nua or ceadúnais.
Tá MARA den tuairim nach bhfuil ceadúnas ag teastáil le haghaidh bailiú nó baint méid beag feamainne ar bhonn neamhtráchtála le haghaidh úsáid phearsanta. Tá MARA ag rá nach bhfuil aon ghá ghníomhaíocht bhreise a dhéanamh ar bhunús an chiorcláin ó MARA má tá méid beag feamainne á bhailiú, ach má tá daoine ag baint agus ag bailiú feamainne le haghaidh úsáid tráchtála nó méid mór le haghaidh úsáid phearsanta, ní mór dóibh iarratas a dhéanamh ar cheadúnas úsáide ó MARA.
Tá na rudaí seo fíorthábhachtach. Níl sé soiléir céard atá ag teastáil le bainteoirí feamainne. Tá faitíos orthu ó thaobh na gceart traidisiúnta atá acu agus cén impleacht a bheas ar na hiarratais ó na comhlachtaí móra. Ní mór doibh iarratais a dhéanamh nó ceadúnais a úsaid ó MARA. MARA is charged with responsibility for seaweed rights but there is some confusion at the moment about the rights of the traditional seaweed harvester, particularly those that are not laid down under folios. What plans does the Minister of State have to engage with MARA? Does he have powers to direct it in relation to exemptions for seaweed harvesting?
I thank Senator Kyne. I note his interest in this matter, which he has raised with me on a number of occasions. I am pleased to get an opportunity to discuss it in the House.
Ireland's first non-statutory marine planning policy statement, MPPS, for all marine planning aspects was published in November 2019, pending the introduction of the national marine planning framework and the enactment of the Marine Area Planning Act 2021. In 2019, the MPPS outlined existing components of the marine planning system and its future vision. It set out the high-level priorities for the enactment of the marine planning system in Ireland. Ireland's national marine planning framework, NMPF, was subsequently adopted in May 2021. The NMPF brings together all marine-based human activities for the first time, outlining the Government's vision, objectives and marine planning policy for each marine activity. All public bodies and consenting authorities are required to have regard to the NMPF in the exercise of their statutory functions. This is intended to ensure consistent, precautionary and evidence-based decision-making across all Departments and agencies.
The three objectives of the NMPF in relation to seaweed harvesting are as follows: support the sustainable harvesting of seaweed, having regard to the important economic and social contribution it makes to coastal communities; develop and maintain a fit-for-purpose regulatory framework that supports sustainable harvesting, ensures that key seaweed species which support multiple vital ecosystems are safeguarded and respects existing formal and informal rights to harvest; and support ongoing research to build on available data to support sustainable seaweed harvesting. The enactment of the Marine Area Planning Act in 2021 subsequently provided a statutory framework for marine planning policy statements and, following a consultation on our draft statutory MPPS in 2025, the policy statement is being finalised and is expected to be brought before Government in April of this year.
With regard to seaweed harvesting specifically, the draft MPPS contains a commitment that the marine planning system will "support the development of a regulatory framework for seaweed harvesting, formulating policies which enhance and safeguard key seaweed species and having regard to the important economic and social contribution seaweed makes to coastal communities." In this context, the development of a seaweed policy led by the most appropriate Government Department would require significant interdepartmental engagement and stakeholder consultation, given the range of social, economic and environmental factors that would need to be considered.
I am very aware of the complexities involved in relation to traditional seaweed harvesting, having recently met representatives of that industry - in fairness, the Senator was present at one of those meetings - and engaging with them. The Maritime Area Regulatory Authority has also engaged with representatives of the industry and is engaging with the Department on the existing regulatory framework. In that context, it is important to note that since the establishment of MARA, applicants may apply to the regulator for a licence to harvest seaweed in accordance with Schedule 7 of the Marine Area Planning Act 2021, which provides for maritime usage, and may be undertaken pursuant to the granting of a licence. Before granting a licence, MARA shall have regard to any environmental impacts arising and any Government policies that may affect or relate to functions of MARA.
I thank the Minister of State and welcome what he has laid out regarding the policy being produced. When this is eventually published it will give guidance to MARA and those applying for licences. In the meantime, I am sure the Minister of State does not want to talk about any individual licence application.
If somebody were to apply for licences at the moment, how would they be treated? As I understand it from MARA, no new licences have been granted since March 2014 because of legal concern at the time. The advice of the Attorney General at the time was that those legal concerns related to the granting of foreshore authorisations in a manner that impaired the rights of persons with traditional harvesting rights for that same part of the foreshore. If applications come in now that claim they are not impacting on the traditional rights, will they be adjudicated on by MARA or left in abeyance until such time as this new policy comes into being?
I thank the Senator. As he has rightly identified, I am precluded from discussing or engaging with the functions that are the sole preserve of MARA. Having met with representatives such as the Senator and others, I am acutely aware of their concerns and particularly of those of the traditional harvesters, both those who have reference on their folios and those who do not but have a track record in the area. I am also very concerned about the issues that were rightly identified in those engagements.
I would like to reassure those who I met and engaged with and who hold traditional rights to harvest seaweed that those rights will be protected - that is fundamentally important to me - regardless of how or where they are documented. I have asked officials in our Department to examine the regulatory framework that is currently in place to ensure it is appropriate to adequately safeguard holders of traditional seaweed harvesting rights. I have asked for this work to be commenced immediately. It is my intention as the Minister of State to ensure clarity and certainty are brought to the matter. I would be pleased to keep the House updated as that work continues.
As the Senator will appreciate, the system as it is currently understood is not meeting the needs and expectations of those he refers to. I am very anxious that we address that issue. From what I have seen, the traditional harvesters have a minimal to low impact on the stock of seaweed that is there. We must protect and preserve the rights of those people to the greatest extent possible.
School Transport
I welcome the Minister of State, Deputy Murnane O'Connor.
I thank the Minister of State for coming to the House to discuss the very important issue of the bus route between Trim and Kilmessan. I will give the Minister of State a small snapshot of the texts I receive as a parent. One message read, "Slight delay this morning due to breakdown private bus on the way". Another read, "Private bus tomorrow thanks". Another text read, "Hi all private bus again tomorrow". Another read, "Hi bus running a little late due to breakdown". On the same day, I got a text saying "I found a bus so see you all tomorrow morning". Another read, "Bus is broken down so delay waiting on private bus to come will be very late". Another message read, "Bus broken down please bring your child to school as we've no spare bus this morning". Another two texts read, "private bus today all". Another read, "Bus has a breakdown issue if you can pick your child up at school please do". Another message read, "sorry for the late message I've broken down no bus this afternoon". Another read, "I'm very sorry my bus is broken down again this morning". Another text read, "I have broken down bus private bus cover today". Another read, "bus has broken down I may not get back on the road for primary school children". Another message read, "no bus please bring your child to school". A day later, we got a text saying, "private bus will cover the rest of the week". A further text read, "bus has broken down I will have a bus for the afternoon". Another read, "Massive thank you for all the parents help this morning you're all super helpful it's much appreciated". A few days later, we get a text saying, "private bus will cover the school bus run tomorrow" because the bus was broken down. Another message read, "no bus this morning due to dangerous road conditions private bus". It continues and continues. Another read, "no bus this morning it has broken down please take your child to school". Later that day we got a text saying, "I have a bus for the afternoon see you all later". Then again a text reading "I've broken down ....private bus on the way to collect the children". It continues.
How is it possible that this is allowed to happen in this day and age? This is just one route. I know about it because it is a route that my children use. How is Linda, our lovely bus driver, expected to drive a bus that continually breaks down and is 20 years old? How is she expected to get up every morning and do her job? I am very lucky that my kids have the opportunity to get a school bus, but more often than not the bus is broken. It causes stress to parents, to schoolchildren and to Linda, the poor bus driver.
Linda makes sure that every child gets on and off the bus and that schoolbags are not forgotten. She ensures children have their football and camogie gear. She is like an extra parent in the mornings and afternoons. I give this recognition to Linda because she deserves it. She is on the Trim-Kilmessan route in County Meath. What Linda deserves is a decent bus. I recorded my daughter, who is ten years of age, describing her journey home from school last June. She said the engine was overheating a lot because of the warm day and the bus kept having to stop. She said Linda, the bus driver, had to get out of the bus to look at the engine and when she came back in, the door was jammed and she could not close it. She had to get all of the children to move to the back of the bus and she drove really slowly the rest of the way home with the door open as it was dangerous. This is like the "Fawlty Towers" of bus routes. I appreciate that the Department is under budgetary constraints, but it is simply not good enough for our kids. I urge the Minister of State to ensure schoolchildren get better quality buses, in particular on the Trim-Kilmessan bus route.
I am taking this on behalf of the Minister. I thank the Senator for raising the matter, which is very serious. I am a parent myself.
As the Senator knows, the school transport scheme is a significant operation managed by Bus Éireann on behalf of the Department of Education and Youth. Bus Éireann manages the procurement and tender process and contract management arrangements to include service providers by the contractors under the scheme. The school transport fleet is made up of contractors and Bus Éireann vehicles. Over 90% of the services are provided by contractors operating on school transport schemes. Over €69 million in additional funding has been allocated to school transport services in 2026. This is to provide for additional demand from pupils with special educational needs on school transport services and increased bus contract running costs. The Department is very much aware of this issue. It will also provide for additional funding for the school transport scheme fleet in order to implement improved technologies, such as e-ticketing on school transport services.
Bus Éireann has advised that to date during the 2025-26 school year, there have been three incidents where there were operational issues with the vehicle on the route in question. However, on each occasion a replacement vehicle was provided. In addition, on the days where the driver was not able to operate the service, cover was sourced in order to ensure there was no more disruption for pupils availing of the service.
The Senator has said there seem to have been many more incidents. When I was reading the brief for this debate today, I noted the Department of Transport has indicated that the wider public transport sector has faced a number of challenges with regard to the recruitment of drivers, mechanics and craft workers in the past 12 to 18 months. Unfortunately, these challenges have an impact on service delivery and speed. I understand the difficulty. I assure the Senator I will go back to the Minister on this. As I said, she has said this has happened more frequently. I will highlight this because every child is important. As a parent I know texts are sent late at night. Everyone wants to make sure their child has a lift to school.
There have been far more than three incidents between 2025 and 2026. I would be happy to work with the bus driver and produce a proper list for the Department so it can see how bad the situation is. I know there is a rule whereby buses should not be older than 20 years, but they do not need to be that old. We speak about it being hard to recruit bus drivers. We have a precious one called Linda who drives this route, and also gets out of the bus to check the engine. We will not get people like that if we do not give them a good bus. We need newer buses and more mechanics, as the Minister of State acknowledged. I have first-hand experience of this and realise things need to be changed.
I specifically ask that the bus route be given one of the new school buses. I also ask for serious investment in school buses. Children are our precious cargo and our future and we are putting them into piles of junk to get to school. I am sorry; I do not normally use language like that but that is all our school bus is. I never advocate for increasing the cost of anything. A bus ticket costs about €50, which is unbelievable value. However, it is not unbelievable value if the bus keeps breaking down. Where people can afford it, should we try to increase the cost of the ticket, but not by a lot? Would that help to ensure there are more buses on bus routes around the country? As I said, it is very good value. I trust that the Minister of State will bring this matter back to the Minister.
Can I be assured that this specific route will be considered favourably for a new bus for the children and for Linda, the bus driver?
I do understand. This is a really important issue. In the current school year, over 181,000 children are transported daily to primary, post-primary and special schools throughout the country. Included in those figures are over 25,000 children travelling on the school transport scheme for children with special educational needs. This includes over 7,800 tickets in County Meath.
The Department recognises that the school transport scheme is vital to families in certain areas to support them in bringing their children to school. The safety, care and protection of school children travelling on school transport services is equally of paramount importance to the Department of Education and Youth and Bus Éireann.
I compliment Linda, the bus driver the Senator mentioned. It is great to see a woman bus driver there and, as the Senator said, she is so dedicated and committed to it. I wish her well.
I will definitely go back to the Minister with this. I thank the Senator.
Health Services
I want to speak today about adult attention deficit hyperactivity disorder, ADHD, services in Laois and the reality of what is there right now. This service was introduced with clear demand but without proper planning or resources. That is where the problem is.
The service opened in 2024. The adult ADHD service has received close to 1,000 referrals, clearly demonstrating the scale of the need that exists there. Soon after the service opened, referrals for Laois and Offaly had to be paused due to the backlog. What we have now is a service that opened and almost immediately became inaccessible to new patients. That brings me to the key question here: why would a service be opened without the resources to sustain it?
What we see now is a total backlog, paused referrals and patients left waiting here. I have been informed that because this service opened without a proper base, clinicians are working in unsuitable conditions without reliable Internet, without proper phone access even and without dedicated clinical space. In some cases, they are relying on whatever room becomes available on the day. That is not how a healthcare service should operate.
While staff are doing their absolute best, they are being let down by the lack of infrastructure and long-term planning. Had we a plan in place in the first instance, we would not be where we are now.
The impact for patients is so real here. Adults are waiting to enter the system, many having struggled for years without diagnosis, now facing further delays with no clear timelines. This situation cannot continue.
When will referrals for Laois and Offaly reopen, what additional capacity will be put in place to deal with the backlog that is already there and, critically, when will this service be provided with a proper, fit-for-purpose base? It is important that we get this actioned now because these people are trying to hold down full-time jobs. It is an adult ADHD service. They are trying to go to work and live a normal life, but they are being left in limbo now for a service that should be fit for purpose.
I thank the Senator for raising this important issue. ADHD has long been recognised as one of the most common psychiatric disorders in children and it is now known to persist into adulthood. Core symptoms include inattention, hyperactivity and impulsivity. It can cause many issues in areas such as personal and social relations, education and occupation, managing money and organising life in general, and there is also an increased risk of having other mental health difficulties with it such as anxiety and depression.
Prior to the beginning of the national clinical programme, NCP, for adults with ADHD, which the Minister of State, Deputy Butler, launched in 2021, there were no specific ADHD public services available for adults in Ireland, but the national clinical programme for adults is now delivered as part of HSE mental health services to ensure an integrated person-centred response to adults with ADHD.
The programme includes both assessment and treatment of ADHD and works with relevant voluntary agencies. It envisages a national service of ADHD teams, with each team comprising a consultant psychiatrist, a senior psychologist, a senior occupational therapist, a clinical nurse specialist mental health and an administrator.
Adult ADHD teams have been substantially rolled out across the country, with eight teams now operational and the final three teams in recruitment, following the Minister of State, Deputy Butler, allocating funding in 2025 for the remaining teams to achieve this full national roll-out.
In County Laois, adult services are provided by the midlands, Kildare and west Wicklow team, known as Solas adult ADHD tertiary services. The team is based in St. Fintan's campus, Portlaoise. The team provides assessment and multidisciplinary interventions, including medication, psychological and other supports to adults presenting with diagnosed or suspected moderate or severe ADHD.
Outside of the team-based services, the national clinical programme has also worked to develop supports in collaboration with ADHD Ireland to improve awareness and promote early management of ADHD. These non-clinical resources include an app, which was developed by UCD, to offer evidence-based information, lifestyle strategies and signposting for adults with or exploring ADHD. There is also the UMAAP programme, which is a six-week programme run by ADHD Ireland that has proven highly beneficial and effective for adults who have completed it. I understand this is working very well.
These resources are not a substitute for a diagnosis or clinical care, but they represent a vital entry point for individuals seeking support. The final ADHD teams will be operational later this year, and there will be full national coverage of these services. This has been supported by the dedicated annual funding of over €5 million since 2021.
I appreciate the Minister of State taking this on behalf of the Minister with responsibility for mental health but this is not accurate. Laois is classed as one of the services that is technically operational, but it does not have a base. It talks here about St. Fintan's campus in Portlaoise. They can use that facility where they can go into a different room every time they are there, but they also have to go to Mountmellick. The staff in this ADHD clinic are telling me they do not have a base and it is not fit for purpose.
The biggest problem since the service opened in 2024 is that referrals were paused very soon after and have been paused now for a very long period. We cannot say this service is operational. Just because we see it on paper does not mean it is happening; it is not. Right now, you can get a referral to this service and you just sit there. Nothing happens because this service is not operational, it cannot take in new patients and it does not have a base to see the patients.
I thank the Senator again for highlighting this issue with my own neighbours of Laois. The Department, Minister of State, Deputy Butler, and the HSE acknowledge there are issues with wait times and access to services. The demand for adult ADHD services has been significantly higher than originally predicted, so they are seeing much more than they had thought.
We are now working to embed a tiered approach to services to efficiently tackle demand and improve access to services to better meet the needs of the service users. The HSE has prepared a draft amended model of care, incorporating this step care approach which is informed by engagement with the service users, families, clinicians and ADHD Ireland. This service model of care is currently under review through the establishment of the HSE governance process and will guide the next phase of services development nationally. I will get the Senator more information on that.
It has been deployed already by the new ADHD team based in Monaghan, acting as a pilot. That team is reporting shorter waiting times and improved management of demand. Enhancing specialist mental health services, such as ADHD, remains a key priority for the Minister of State, Deputy Butler, the Government and the HSE. Again, I thank the Senator for bringing this important issue forward. I will get her that information she is looking for.
Health Service Executive
Is the Minister of State taking this Commencement matter?
I want to raise in the House and with the Minister of State a matter concerning a letter that was recently sent to an older lady in HSE south west who simply could not deal with her adult daughter's disability. She is caring for this adult child on her own. In crisis, she brought her daughter to the local emergency department in a desperate cry for help. Can you imagine, as a parent - as I am and as the Minister of State is - leaving a disabled child at the emergency department? The response from the HSE was a letter to her stating she should be aware there is a legal obligation on parents to support their child financially until they are 18 and up to the age of 23 if they are in education but indefinitely if their daughter has a disability. In other words, until you die you and not the State are responsible. You are personally responsible until you die to accommodate and care for your child. This was in a letter from the HSE. There is no legal basis for that.
In my Commencement matter I asked whether that is the view of the State. I ask whether that is the view of the Government because that was the wording it tried to put into the care referendum, that is, the family would become the primary, if not exclusive, unit responsible for the care of disabled citizens. This is completely and utterly contrary to the legal obligations set out under the UN Convention on the Rights of Persons with Disabilities. I want to know whether that is the position because I and tens of thousands of other parents and carers with disabled adult children are now facing this reality, as set out in black and white. The Government could not get the wording in through the referendum. It was the highest-ever rejection of a referendum by Irish citizens whereby 75% of those who voted rejected it. However, this letter shows that ideological and ableist approach to disabled citizens, namely, a charitable approach where you will take what you are given and you will have no rights seems to be the official line. I want to know what the Minister has to say about that.
At the moment, 2,000 adult disabled citizens are being cared for by parents who are aged over 70. There are 200 disabled citizens being cared for by parents who are aged in their 80s. I received a letter from a lady who is aged 89 and is a cancer survivor to tell me that her 57-year-old daughter was returned to her from a congregated setting. The 57-year-old daughter is a wheelchair user and has other challenges and this 89-year-old lady is asked to lift her daughter in and out of bed. Her husband is aged 91 and uses a rollator. That is barbaric. When she asked the HSE for help, it refused and said one of the couple has to die and the other has to have a diagnosis of a terminal illness. Is that this Republic? Is that what we stand for? Is that how we treat the parents of disabled children? As Tony Murray with his Before We Die campaign asks, why can we not have support before we die? Why do we have to die not knowing what will happen to our children because I can tell you that those 2,200 will go into crisis? Can you imagine being a disabled adult where you lose your parent and having to cope with that and all the challenges and then become homeless, which is happening, or ending up abandoned in the emergency department? What is the Government's plan?
I thank the Senator for raising this really serious issue. I am taking this matter on behalf of Minister of State, Deputy Emer Higgins, who is just returning today from St. Patrick's Day duties. This matter is really serious and the Minister of State is aware of this case and the letter referred to by the Senator. In order to protect the privacy of the individual and their family, it is not appropriate to comment on the specific details in relation to this case. However, officials within the Department of Children, Disability and Equality have liaised with the HSE in relation to the issue raised by the family and the details of this correspondence issued by the HSE and so I believe there has been correspondence.
This an ongoing operational matter for the HSE.
The HSE advises that the sentence the Senator refers to was part of a more detailed two-page letter outlining available supports and options to the family. HSE South West states that it did not intend to cause any upset and apologises sincerely for the upset caused. The Minister understands that the case is being responded to locally. Relevant service providers have been engaging directly with the individual and their family and appropriate supports are being put in place.
This Government recognises the vital work carried out by family carers and acknowledges the impact on carers' physical and mental health. The Department of Children, Disability and Equality, alongside the HSE, is continuing to work to increase provision in order to assist those who are most vulnerable in our society, and who urgently require services. To support families and carers, the HSE and contracted service providers make every effort to provide the correct supports for individuals when needed, including day services, respite services, residential services, home support and personal assistance. HSE disability services provide supports for people with complex disability needs and the level of support provided for each person is aligned to their assessed needs and individual circumstances. Current policies aim to ensure as far as possible that the supports for a person are based on individual assessed need, will and preference and to support people to remain as close to home and connected to their community as they can in line with Article 19 of the United Nations Convention on the Rights of People with Disabilities, UNCRPD, which the Senator spoke about.
The programme for Government includes a number of commitments to advance the rights and improve the lives of people with disabilities, including a commitment to address waiting lists for specialist disability services by implementation of the Action Plan for Disability Services 2024-2026, and resourcing and delivering on its targets. The programme for Government also recognises the requirement for a whole-of-government approach to advance the implementation of the United Nations Convention on the Rights of Persons with Disabilities. In 2025, the Department of Children, Disability and Equality published the National Human Rights Strategy for Disabled People 2025-2030, which was developed with input from disabled people and representative organisations on the issues that matter the most to them. The Department of Children, Disability and Equality and the Department of Housing, Local Government and Heritage will work in collaboration with a number of other Departments and agencies, including the HSE and local authorities, to advance pillar 3 of the strategy, which outlines a collective approach to provide a clear pathway for disabled people to access the supports they require to live independently and address the barriers that impact on their daily lives.
The Senator highlighted many cases. As he said, people are living longer. The services have to be there for people with disabilities. I acknowledge that and think it is important that all of us, working together, make sure that we deliver that. I thank the Senator for highlighting the serious issues.
This is a simple Commencement matter, to ask if the Minister will make a statement confirming that disabled adults have a right to State-funded supports. Do they have that right? I ask the Minister of State, in her final response to me, to give me a yes or no. Do they have a right? In the statement that she read out, which was presumably prepared by a public servant, they say that we will "make every effort to provide the correct supports". That is the same wording as the discredited constitutional amendment referendum, whereby the State would have endeavoured to provide care. They have a fundamental right to care and supports. On this business about how the Minister of State cannot comment on individual cases, this lady revoked her anonymity so that her case could be discussed. Imagine having said to Vicky Phelan that we could not talk about her because it was an individual case. That is a rhetorical device used by the HSE, the Department of Health and other Government agencies, to absolve themselves of any responsibility. On the supports available, in 24 years, I have never had one day of respite. There will be a Private Members' Bill debated here tonight which I will not be able to attend. I have to go home and lift my 24-year-old son. I will not say why, but I have to lift him so that he can have a little intimate care need satisfied. I will be 60 this year. Am I looking into 20 years of this? When he is 40, will I be lifting him in and out of the wheelchair? Is that the Ireland that we belong to?
The Minister of State said that the Department wants to have a clear pathway. I am a Senator; I do not know what will happen to my son when I die. When I contacted the HSE in 2019 about that, the social worker said, "Well, he's living with you isn't he? That's the plan." I asked what will happen when I die and the social worker asked if he has a sister. When I said he had, she said, "Well then, what are you worried about? She'll look after him when you die." That is the clear pathway they are talking about. That is consistent with the ableist wording of the referendum.
All the Government parties campaigned on a platform of disability supports and rights at the general election. Micheál Martin spoke about it at great length and so did the Tánaiste, Deputy Harris. Since the Government has come into power, all we have seen are loss of income, further poverty for disabled citizens after the budget and letters like this. Where are we? Do disabled citizens have a right to these supports? It is a very simple question requiring a yes-no answer.
I fully appreciate the upset that the HSE correspondence has caused the Senator. My understanding is that the HSE is engaging with the family and putting in place the appropriate supports. I will certainly go back to the Minister of State, Deputy Higgins, on this and get the Senator the answer. The Senator needs to get the appropriate clarification on the services and the care. I can only go on the response I have been given today.
In an effort to address the demand for disability services, budget 2026 allocated approximately €3.9 billion for specialist disability services, an increase of 20% compared with 2025. Specialist disability residential services make up the largest part of the disability services paid for by the HSE, representing almost 60% of the total budget. In addition, €65 million has been allocated to disability residential services. Approximately €25 million of this funding will go towards expanding increased respite services, which are very important. Families also need respite; I do understand that.
The HSE 2026 national service plan outlines an expected 10,000 additional respite beds nationally, including high-support placements and 25,000 additional respite sessions for adults and children, including after-school, weekend and holiday programmes. The Government also recognises the voice of those with disabilities and the importance of listening to their wishes for their futures. I will come back to the Senator. I understand his concerns. I am going on the basis of the brief I was provided with today. I am not aware of that case but I am glad that the HSE is working with the family and will continue to do so. I will get the Senator the information he wants and I again thank him. These are really serious issues that we need to highlight and work to resolve.
Cuireadh an Seanad ar fionraí ar 2.02 p.m. agus cuireadh tús leis arís ar 2.30 p.m.
Sitting suspended at 2.02 p.m. and resumed at 2.30 p.m.