Author: Ken Foxe

Plans for a major reform of the system for recording the attendance of TDs and Senators for clocking in and clocking out from Leinster House were quietly dropped despite requests from Minister Michael McGrath.

In a letter to the Oireachtas, Mr McGrath said the expenses checking system needed to be reformed as a “priority” with the possibility of smartphone apps, iris scanning, or facial recognition all to be considered.

In another piece of draft correspondence, the minister also queried whether TDs or Senators fobbing in once per day was enough to ensure that politicians were “actually in attendance” in Leinster House.

The discussions followed a series of controversies over the clock-in system which included ‘Votegate’ where some TDs were recorded as voting even though they were not in the Dáil chamber at the time.

Separately, the former Fine Gael TD Dara Murphy was able to claim his full €4,300-per-month travel and accommodation allowance despite having another full-time job in Brussels.

A public clamour for reform of the clock-in system in 2020 and 2021 led to the Oireachtas commissioning an outside expert to review how the system worked.

The Department of Public Expenditure had previously refused to release any records about the review, saying the matter remained under deliberation.

However, three years later, the only change ever made was the installation of cameras at locations where TDs and Senators clock in while there is still no obligation to clock out to obtain a full day’s attendance, even though it is counted towards payment of allowances that can be up to €34,000 every year.

In a letter in December 2020, Finance Minister Michael McGrath – who was then at the Department of Public Expenditure – said all options needed to be on the table to restore public faith in the Oireachtas.

He wrote: “Any change to the current system should lead to greater transparency [and] unequivocally verify the attendance of members in a manner which promotes public confidence.”

He said advances in technology could be used to create a much more robust system for checking if TDs and Senators were genuinely at work.

Mr McGrath wrote: “For example, many smartphones have either fingerprint or facial recognition security access mechanisms built in.”

He added: “The use of facial or iris identification may be preferable to fingerprint recognition given its contactless and non-invasive nature. This is something we have all become more conscious of during the COVID-19 pandemic.”

In a later draft letter, Mr McGrath said the existing system had “given rise to a perception that the expenses regime is open to abuse and this perception must be addressed as a matter of priority.”

In it, he called for a new transparent system that showed the “real attendance of members” and said that expecting people to clock in and clock out could not be considered “unduly onerous”.

The minister also suggested that the range of reasons TDs and Senators could use to later claim attendance if they had not fobbed in on a specific day should be examined.

“It is suggested that these should be more limited than they are at present and include an element to ensure that the member is in Leinster House   for a reasonable period,” Mr McGrath.

“Again, this would support public confidence in the regime.”

Further submissions and correspondence on the topic have been withheld by the Department of Public Expenditure under Freedom of Information laws.

However, no major changes were ever introduced, and it is still the case that TDs and Senators only need to fob in once-per-day without any further checks.

The Department of Public Expenditure also released a heavily redacted review of the clock-in system, which was finalised in February 2021 but never published.

It involved looking at what other parliaments did, looking at the market for biometrics, and consultation with members of the Oireachtas.

The report said: “Facial identification or facial verification at the point of registration is most likely to give the highest level of public confidence.”

It said that “certainty of identity” should be the primary factor in any new system but that there was no system that was “100% fool proof”.

The report also said data protection concerns would need to be addressed but that a database of photographs of TDs and Senators was unlikely to be problematic given their pictures were already published on the Oireachtas website.

However, the final conclusions and recommendations in the report have been withheld on the basis it could “weaken the state’s bargaining position” if they did ever decide to go ahead with the plan.

A statement from the Department of Public Expenditure, which released the records, said: “The system for validation of Oireachtas attendance is a matter for the Houses of the Oireachtas Commission in the first instance.”

Sentencing terms for Molly Martens who was jailed for the brutal killing of her Irish husband Jason Corbett said she had acted under “strong provocation” and that she had previously been a “person of good character”.

A checklist of “mitigating factors” for Ms Martens, which governed her release from prison, said that she had acted under duress, because of coercion, under threat and compulsion.

It said none of these reasons were enough to “constitute a defence” but that each of them had “significantly reduced the defendant’s culpability.”

Another item on the checklist of her sentencing terms was ticked off saying: “The defendant acted under strong provocation.”

It said that Ms Martens had been of good character up until the killing of her husband and that she had a “good reputation” in the community in which she lived.

The determination was signed off by the person who oversaw her trial, Superior Court Judge David Hall in a document entitled ‘Felony Judgment: Findings of Aggravating and Mitigating Factors (Structured Sentencing).’

It said that Molly Martens had a support system outside of jail and that a mitigated sentence was justified based on the evidence and arguments given at trial and in a sentencing hearing.

A lengthy list of factors that could have aggravated the offence were also detailed in the documents, but a box at the end was instead ticked stating: “There are no findings of any aggravating factors.”

A separate form signed off by Judge Hall called a ‘Judgment and Commitment Active Punishment – Felony (Structured Sentencing)’ said Ms Martens was prohibited from having any contact whatsoever with the victim’s family.

It also said an immediate assessment should be conducted to see if Ms Martens was a suicide risk and that all available mental health services be offered.

The form said: “[She] is to receive a psychiatric evaluation by a medical doctor – not a psychologist – and thereafter, be afforded any treatment that may be indicated as a product of that evaluation.

“The defendant is to be provided all opportunities to continue her education.”

The records were released by the North Carolina Department of Adult Correction following a Freedom of Information Act request about how an incorrect date for her release had been announced late last year.

The Central Bank spent more than €350,000 hosting a five-day ‘retreat’ for a visiting delegation of senior bankers from the European Union.

The enormous spend, which covered five-star accommodation, golf buggies, presentation mints, a hurling display and VIP airport costs, included a €193,000 bill from the exclusive Mount Juliet resort in Co Kilkenny.

The ‘retreat’ for the 26-strong governing council of the European Central Bank and 22 officials and support staff was held amid tight security at the Kilkenny estate in May with a private security consultancy paid almost €23,000.

Overall, accommodation costs came to €195,000 while €117,500 was spent on official transport, including more than thirty individual bills for platinum service from Dublin Airport.

Itemised spending released following a Freedom of Information request shows that €1,400 was spent on Parker branded pens while €276 was spent on boxes of promotional mint sweets.

There was an outlay of just over €5,700 on green A4 folio notebooks from a handmade leather company, €120 for embossed bookmarks, and €200 spent on “logo plates” for use during the event.

Over half of the bill came from the Mount Juliet Estate where charges included €1,480 for buggy and golf buggy hire, €1,500 for a “hurling demonstration”, and €1,800 for a traditional band.

The Courts Service received more than 110 representations from politicians last year with the majority raising concerns over lengthy delays in dealing with cases over probate and inheritance.

Around two-thirds of the 111 total queries raised by TDs and Senators in 2023 related to issues during the probate process, according to figures provided under Freedom of Information laws.

Other politicians wrote about decrepit courthouses, jury duty, divorce proceedings, or seeking conviction data for crimes including child sex abuse and harassment.

However, probate issues dominated with one TD forwarding a message from a constituent saying that “staff don’t answer phone calls, [and] they won’t respond to emails or letters either.”

The email sent on by Fianna Fáil’s James Lawless said: “Overall, the situation is incredibly frustrating especially in a housing crisis.

“Can you please advise how we can get answers or put us in contact with someone who will actually help or assist us.”

Another representation sent by Housing Minister Darragh O’Brien from a constituent said settling their family estate had now taken three years.

An email said: “There is a house involved that is meanwhile unsellable and the constant delays are causing emotional distress for our family.”

One message sent on from Fianna Fáil’s Paul McAuliffe wrote of the “extraordinary delays” in trying to finalise a probate case.

The family involved had found a buyer for their family home but despite being told it would take just sixteen weeks, a “massive delay” had arisen.

They wrote: “We are not alone in this circumstance, and wonder, in a housing crisis, how many potential sales are being delayed and fall through due to this, causing further backlogs in housing purchases and tied-up housing stock.”

Mr McAuliffe was among several TDs who submitted multiple queries about probate, and he said it was difficult for Oireachtas members to bring accountability to the Courts Service.

He said: “It seems like things changed after COVID-19 where basic routine and mundane issues that were easily resolved before just ground to a halt.

“It has a big impact on families being able to sell a property or for example the Fair Deal scheme. The number of queries has dissipated a little though in recent times.

“It is an important service and often it’s just the eldest brother or sister who gets the job, but it can be quite emotional for people.

“Some people think that if there’s a will, there is no probate process but that is not the case. Families sometimes feel there’s a trauma in doing it, which brings back the grieving process especially if there are delays.”

A spokesman for the Courts Service said an ongoing modernisation programme for probate had already led to a considerable reduction in waiting times since last year.

He said waiting times for solicitor applications were down from twenty to thirteen weeks while personal applications are taking around ten weeks.

He said: “Waiting times fluctuate from time to time depending on the time of year and the number of applications.

“The waiting times in the Probate Office had unfortunately increased in the months up to the middle of last year, due to a number of staff retirements in the Probate Office.”

The spokesman added that up to sixty per cent of applications were being returned to solicitors due to errors, which slowed up cases.

He also said people needed to be aware that trying to finalise the sale of properties when a grant of probate had not yet been made carried a risk.

The government’s failed bid to host the EU’s new anti-money laundering agency (AMLA) ended up costing €214,000 as officials said a financial incentive of up to €80 million would be key to having any hope of success.

Ireland was one of nine countries which had sought to become the headquarters of the new agency but lost out in voting to Frankfurt in Germany in February.

In a series of submissions for Finance Minister Michael McGrath in the twelve months leading up to the decision, officials said the financial commitment to host the AMLA was likely to be between €60 and €80 million.

They said a suitable office building of around 10,000 square metres would need to be made available quickly and that rent would be in the range of €6 to €8 million.

The IDA had said developers might be interested in providing a deal on costs given the high-profile nature of the anti-money laundering agency.

However, department officials said this could not be taken for granted and that rental costs would be in the region of €60 per square foot.

That would leave an annual rent bill of at least €6 million before fit-out, maintenance, and car parking costs were considered.

One submission from last summer said: “When Ireland sought to host the European Medicines Agency (EMA), a sum of €83 million to €88 million was approved as a financial package and a sum amounting to €14.5 million was approved for the European Banking Authority (EBA) bid.

“It is likely that AMLA will be considerably larger than the EBA and perhaps of a similar size to the EMA.”

Prison officers were the victims of 110 direct assaults by inmates last year with staff at Mountjoy and Dublin’s Cloverhill jails most likely to be attacked.

There were another 123 cases where prison officers were hurt during a physical intervention, for example where they were trying to restrain a non-compliant inmate.

Injuries led to 220 staff making applications for leave because of an incident while on duty with around 6,000 working days lost as a result.

Prisoner on prisoner assaults were a daily occurrence with a total of 671 recorded last year with more than a quarter of those attacks taking place at a single jail, Cloverhill Prison.

The number of incidents where an inmate attacked another prisoner varied widely according to prison.

At Cloverhill, a remand centre in West Dublin, there were 185 assaults recorded, or the equivalent of one every second day.

Research on equality in the Irish public service found that 97 percent of people working in public jobs were white Irish and that strict eligibility criteria made it far too difficult for migrants to apply for roles.

The discussion paper said the civil service “does not reflect the diversity in wider Irish society” and that there were too many barriers to employment.

The research, from the government agency in charge of hiring public sector staff, said that it was proving extremely difficult for state bodies to source qualified candidates, especially in science, engineering, health and finance.

However, strict rules over who could apply for public service jobs meant that state jobs were often not open to migrants, some of whom had exactly the skill sets needed.

The discussion paper, prepared by the Equality, Diversity, and Inclusion Unit in Publicjobs, said the size of the civil service was growing by 3.6 percent every year.

It also warned of a looming ‘great retirement’ in the public sector with more than 12,000 people set to conclude their service within the next decade.

The paper said: “The Irish civil service has a very limited scope for hiring non-EEA/non-UK/non-Swiss migrants.

“The pool of eligible candidates at present excludes individuals who would have a robust immigration permission to reside and work in Ireland and potential candidates who could secure such permission.”

A government politician has called for a review of how expenses are paid to TDs and Senators because of an anomaly that sees politicians in the same constituency paid more than €16,000 extra in travel and accommodation expenses.

Fine Gael TD Alan Farrell wrote to the Oireachtas Commission, the group that oversees the workings of Leinster House, saying the “eye-watering difference” was “inherently unfair at best and scandalous at worst”.

However, in response, the Clerk of the Dáil Peter Finnegan said the system of expenses was a matter for the Department of Public Expenditure and Minister Paschal Donohoe.

Under the rules for payment of what is known as the Travel and Accommodation Allowance, TDs living within 25 kilometres of Leinster House are paid €9,000-a-year to cover their costs.

However, for those living between 25 and 60 kilometres from their workplace, the allowance jumps by a massive €16,295 to €25,295.

The enormous discrepancy between the figures has meant that some politicians living in North County Dublin or commuter-belt towns in Kildare, Wicklow, and Meath are in receipt of the higher allowance.

A similar system exists for Senators where those living in the so-called ‘Dublin Band’ receive €5,250 per year to cover the cost of travel and accommodation.

Those living in ‘Band 1’ however, and sometimes only 30 to 35 kilometres away from Leinster House, receive an annual payment of €20,795 under the Travel and Accommodation Allowance.

Mr Farrell wrote to the Oireachtas Commission last autumn ahead of the coming election and called for a fairer system following the next national vote.

He wrote: “I believe all constituencies should be measured at a median point for all TDs, unless they live outside their constituencies.”

Four days later, he received a response saying his letter would be shared with the Oireachtas Commission, but that expenses reform was not their responsibility.

The letter said: “The regulations governing TAA [Travel and Accommodation Allowance] within constituencies are dealt with by the Department of Public Expenditure and Reform.

“Any change along the lines suggested by you would be a matter for the minister.”

Asked about the correspondence, Mr Farrell reiterated the points made and said he was disappointed that the Oireachtas would not take more responsibility for the expenses system.

He said: “My point was that there should be a median point in every constituency and that’s where measurements should be made. This is taxpayer’s money, and it should be accounted for appropriately.

“[Under the system I suggested] if you’re elected to a constituency, you would be paid the appropriate band rather than finding yourself on the Dublin Band while another colleague isn’t, even where they are living only two or three kilometres away.

“It isn’t appropriate or fair. They choose to put themselves on it [the higher band]. They go home every night, and the electorate knows that. For the next election, it should be remedied.”

He said he found the hands-off approach of the Oireachtas Commission “slightly unusual”.

“They could say that this is a legitimate point. Could we look into that? It doesn’t appear that was done,” he said. “They should take responsibility.”

The Commissioner for Environmental Information (CEI) has ruled that records on the use of air filtration systems at Dublin Airport during the pandemic are environmental information.

In 2022, Right to Know had sought copies of how much the daa (formerly Dublin Airport Authority) had spent on air filtration along with copies of health and safety assessments and other documents on their use.

The daa refused the request both initially and at internal review saying the records we sought could not be considered environmental information.

However, the CEI has ruled against them saying that the use of air filtration (sometimes known as HEPA filters) was a measure that was likely to affect the environment.

The daa originally tried to claim that the definition of “air” in the Access to Information on the Environment (AIE) Regulations only related to “outdoor air”.

However, the CEI said there was no such limitation in the regulations.

The daa then tried to say that the information we had sought did not relate to the air quality in the Dublin Airport buildings.

The CEI also rejected that argument, saying: “This information will give insight into the considerations that influenced daa in implementing measures to improve air quality within the terminal buildings.

“The request specifically refers to COVID-19 and the cost of such measures will give the public an insight of the cost burden that was placed on public authorities such as daa when seeking to minimise the spread of COVID-19 within its environs.”

The request has now been sent back to the daa for a new decision.

It’s worth mentioning that the initial request was made on 29 March 2022.

Two years have passed, the pandemic is over, and there is now nothing to stop the daa coming up with a new set of reasons not to release the information.

More than 850 seriously ill or injured patients had to wait at least an hour for an ambulance to turn up with one high priority call not dealt with for more than three hours and fifteen minutes during the second half of last year.

Figures from the National Ambulance Service (NAS) show that Cork and Wexford were the counties worst affected by prolonged delays in providing urgent emergency services between July and December 2023.

However, the ambulance service said they had been close to meeting their targets for responding to so-called ‘Purple’ and ‘Red’ calls, where there is a life-threatening illness or injury, cardiac arrest or respiratory arrest.

Figures for the last six months of last year show that an ambulance did not arrive at a total of 732 calls for a period of between 60 and 90 minutes.

There were a further 110 emergency calls that took between 90 and 120 minutes to respond to, data released under Freedom of Information legislation revealed.

Response times for another 20 ‘Red’ calls – which are classified as life-threatening illnesses other than cardiac and respiratory arrest – ranged between two hours and three hours.

There were two ‘Red’ calls, one in Carlow and one in Wexford, where an ambulance did not arrive at the location of a call for over 180 minutes, with response time for the emergency in County Carlow logged at 3 hours 15 minutes and 5 seconds.

However, the National Ambulance Service said some of the longer-wait calls may have started out as a lower priority but were later reprioritised depending on the circumstances.

They said it was not possible to say for certain in which cases this had happened and that it could account for some of the bigger delays.