Dáil Éireann

Vol. 736 Wednesday, No. 2 22 June 2011

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Dé Céadaoin, 22 Meitheamh 2011.

Leaders’ Questions ……………………………… 263 Order of Business ……………………………… 270 An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Uimh. 3) 2011: An Chéad Chéim Twenty-Ninth Amendment of the Constitution (No. 3) Bill 2011: First Stage ………… 276 Ceisteanna — Questions Taoiseach ………………………………… 277 Estimates for Public Services 2011: Referral to Select Committee ……………… 287 European Council Meeting: Statements ……………………… 287 Finance (No. 3) Bill 2011: Order for Second Stage …………………………… 301 Second Stage ……………………………… 301 Ceisteanna — Questions (Resumed) Minister for Arts, Heritage and the Gaeltacht …………………… 306 Priority Questions …………………………… 306 Other Questions …………………………… 314 Adjournment Debate Matters …………………………… 324 Finance (No. 3) Bill 2011: Second Stage (Resumed) …………………………… 324 Referral to Select Committee ………………………… 346 Private Members’ Business …………………………… 346 Workers’ Remuneration: Motion (Resumed) …………………… 346 Adjournment Debate ……………………………… 370 Special Educational Needs ………………………… 370 Forestry Sector ……………………………… 372 Accident and Emergency Services ……………………… 374 Hospital Waiting Lists …………………………… 376 Questions: Written Answers …………………………… 379 DÁIL ÉIREANN

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Dé Céadaoin, 22 Meitheamh 2011. Wednesday, 22 June 2011.

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Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m.

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Paidir.

Prayer.

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Leaders’ Questions Deputy Micheál Martin: Last night the Short Strand area of Belfast saw its second night of serious disturbances. While it has been a flashpoint for decades, both the scale and nature of the violence are extremely serious. The only point on which there is clarity is that there are small groups which seek to inflame and exploit the situation. I am sure all Members will agree such people cannot be allowed to succeed. Any influence they are allowed to gain will send a grim signal to many other communities throughout the North. The Taoiseach will by now have had an opportunity to receive a full briefing on the position in the Short Strand. Will he outline to Members his contacts with the Northern Ireland Executive and the Secretary of State? Has he made known to them our support for all necessary actions by the security services to defend the local community and bring the situation under control? In particular, will he indicate what he knows about the involvement of the UVF leadership in organising the attacks? In addition, he should inform Members whom he believes are most likely to be behind the shots fired from the Short Stand. He will be aware of both the iconic nature of St. Matthew’s Church and the danger in allowing a security vacuum to develop in this area of the city. He has indicated that he will make his first working visit to the North some time within the next few weeks. Will he reassure the House that the need to tackle sectarianism will be at the top of the Government’s agenda and that the North will receive continued proactive attention from the Government?

The Taoiseach: I condemn the disturbances in Belfast both last night and the night before. This situation demands the Government’s serious attention and I have pledged on its behalf that it will continue to work closely with the newly elected Assembly and Executive in Northern Ireland. I note the joint statements made by the First Minister and the Deputy First Minister in bringing a sense of reason and calmness to a situation that is of concern. Obviously, I have read and seen the reports on the photographer who was injured in last night’s shooting. I commend all those involved at local level in bringing a sense of understanding and calmness to what is a situation of concern. The community in question gains nothing from episodes such as that which took place last night and the night before. I note the comments made by the senior police officer, Chief Superintendent Alan McCrum, who stated the troubles had been orchestrated by the loyalist paramilitary group the UVF. It is perfectly obvious there have been internal tensions within the UVF. The chief superintendent also stated two men were being treated in hospital for gunshot wounds. A total of 11 shots were fired, six from the Nationalist side and five from the loyalist side. As Deputy Micheál 263 Leaders’ 22 June 2011. Questions

[The Taoiseach.] Martin is aware, the newly elected Assembly and Executive with devolved authority has a Minister of Justice, as well as the PSNI which has the support of the entire community. I commend all those involved in public and community life who are arranging meetings in a cross-community sense and have stated this is a situation that demands calmness and reason. I make the point that those involved cannot and will not be allowed to disrupt the normalisation of relations across the community for which so many have worked hard for so many years. I share the concern expressed by Deputy Micheál Martin. He may take it that in so far as the Government can assist and co-operate in any way, it will be happy to so do. However, I note the First Minister and the Deputy First Minister have made joint statements on the necessity to deal with this issue effectively. I hope to be in touch directly with them shortly about ongoing and unfolding events in the North.

Deputy Micheál Martin: The prize of peace has been hard won and the two Governments, together with the Northern Ireland Executive, must act with absolute resolve. It is clear the institutions which have been built up through the peace process are strong and that what is now needed is a redoubling of efforts on all sides to reach communities which are being targeted by such groups which wish to return to an endless cycle of pointless sectarian violence. I accept and acknowledge that there is no easy programme to implement that would get at the root causes of division and conflict at community level. It takes painstaking and relentless work. The Government has a vital role to play, in addition to all other parties, and the success achieved can be seen in the many communities in which loyalists are now in regular and positive contact with both Nationalists and groups in the Republic. There has been much ongoing dialogue and engagement with different strands, traditions and communities. Will the Taoiseach agree to ask the Cabinet to bring forward additional proposals to increase the Government’s work with communities in the North? I refer, in particular, to building on the reconciliation grants that emanate from the Department of Foreign Affairs and Trade and the peace agreements through European Union programmes. Given the seriousness of what has occurred, a stronger and more proactive role should be taken on board by the Government.

The Taoiseach: I thank the Deputy for his comments. The pursuit of the normalisation of relationships in Northern Ireland has always had cross-party support in this House. Unemploy- ment and lack of activity are the cancer that eats away at the heart of the peace process. This requires constant vigilance in respect of fragile communities in which young men, in particular, have a perception that the peace process may not be working in the manner they had envisaged with regard to careers and opportunities. That is the reason for highlighting the importance of the education process, direct intervention from the Assembly with the assistance of the two Governments, as well as international help from both the United States and the European Union. All these issues have been and are important and will continue to be so. That is the reason I took the opportunity to speak directly to Senator Patrick Leahy in Washington about the Appropriations Committee and the continuation of funding for Ireland. I raised directly with President Obama when he was here the importance of this kind of funding being used as an opportunity to leverage further important moneys from the EU. I intend to travel to Derry on Saturday for the opening of the new bridge and I may also have the opportunity to visit Altnagelvin’s radiotherapy facilities which will be supported by this Government. When I make final arrangements for a visit to Northern Ireland, the dissidents, sectarianism and violence, as referred to by Deputy Adams, will be top of the agenda. This peace process was hard-won and we should not allow any incident or any event to disrupt the people and the communities from focusing on that future. 264 Leaders’ 22 June 2011. Questions

As I said in reply to questions, the attitude and the atmosphere surrounding the North- South Ministerial Council meeting, the first of its meetings involving the new Northern Ireland Executive and this Government, was exceptionally workmanlike. The Deputy can be assured that Ministers of this Government will interact consciously and actively with their counterparts in Northern Ireland in order to do as the Deputy suggests, to continue a work programme that will demonstrate to everybody that both Governments and the Executive are serious in the interests of continuing the peace process so hard-won and which has so much dividend to pay for the future and which can produce so much potential for the communities and the lives and futures of everybody concerned.

Deputy Gerry Adams: I share the Taoiseach’s concern about the situation in east Belfast. I was in touch overnight with people from Belfast. We need to appeal to everyone to be calm and to show leadership but also we need from this Dáil acts of practical solidarity with those communities. I encourage Teachtaí Dála from every party to go quietly to Belfast and to make an arrangement to visit some of these areas. Sinn Féin held a conference in Dublin last Satur- day, a uniting Ireland conference, with representatives from some of those communities speaking at the conference about their particular concerns and fears. This morning, I wish to return to the crisis in our health services. The economic mismanage- ment by the previous Government is now being continued by this Government which is committed to a deeply flawed bailout plan. Banking executives and senior politicians and heads of State bodies are walking off with big pensions while our health system is grinding to a halt. Today there are 329 citizens on trolleys——

Deputy Pat Deering: Fewer than yesterday.

Deputy Gerry Adams: ——and yesterday, the Sinn Féin spokesperson on health, Deputy Ó Caoláin, revealed the existence of a plan to end HSE ambulance transport services for hundreds of dialysis and cancer patients in the west, all the way from the tip of County Donegal down to Limerick. I have a letter which sets out this plan very clearly. I note that the Taoiseach’s own ceantar i gContae Mhaigh Eo is the áit ina gcaithfidh daoine freastal an méid is faide. Tá a fhios ag an Taoiseach é sin go soiléir. The management of the hospitals have been told that from 1 July 2011, the ambulance service will no longer be available to take these very ill people to and from hospital for lifesaving treatments. I ask the Taoiseach to announce in the House today that he will set in train plans to ensure this axing of the service from 1 July is stopped.

The Taoiseach: I do not share in the Deputy’s scaremongering words.

Deputy Caoimhghín Ó Caoláin: Shame on the Taoiseach; he should read the letter.

The Taoiseach: If Deputy Ó Caoláin will allow me finish, Deputy Adams, with his experience in Northern Ireland should know full well that coming as he does from Belfast the situation in Northern Ireland was actually dealt with by the creation of a special delivery unit to deal with waiting lists which were eliminated over a period of 15 to 18 months. The Minister for Health received government approval to set up a special delivery unit here to tackle that very issue and not to have a situation in which 329 people are on trolleys or anyone on trolleys but this will not happen overnight after the legacy of inactivity for so many years. A fundamental aspect towards addressing this issue is that the special delivery unit is now headed up by a specialist person and will be in a position, with ministerial assistance, to ask consultants how one consultant has a two-year waiting list when another consultant’s waiting list is three months. I assure the Deputy it will be dealt with. 265 Leaders’ 22 June 2011. Questions

[The Taoiseach.]

No decision has been made in respect of the withdrawal of services for those who need them in the region from Donegal to Kerry. Meetings are being arranged by the Minister for Health this very day to deal with it. Just three weeks ago, Deputies raised in a proper fashion the issue of the fair deal scheme and the Minister had to find out where funds of €100 million had gone down a different route. Between today and 11 July, the position in respect of the non-consultant hospital doctors is being examined and we will not have a situation in which junior doctors are in an unsupervised environment when treating and attending patients in hospitals. I am as concerned as the Deputy about the situation in which elderly people might not be in a position to receive the attention they deserve. As the Deputy knows, in some cases over the years, people within the health system have provided brilliant opportunities and assistance while other cases highlighted in this House over the years have shown up the inefficiency in many respects of a health service that was allowed to run out of control. I am as concerned as the Deputy that every person who needs medical attention should get it to the highest standard and the highest level of treatment. The Deputy can take it from me that the Minister will focus on this aspect at the meetings he is attending today.

Deputy Gerry Adams: There are two issues, the substantive issues which we raise and the way in which they are dealt with by the Government and the Taoiseach. I am not scaremongering. I am not here to raise any fears in people. I am referring to a letter which says——

(Interruptions).

Deputy Gerry Adams: Ceann Comhairle——

Deputy Caoimhghín Ó Caoláin: This is disgraceful.

Deputy Gerry Adams: The letter states, “I wish to inform you all that the ambulance service transport budget for 2011 has now been expended. This includes expenditure on dialysis and cancer care services.” I will not read all the letter——

An Ceann Comhairle: Please do not read it, Deputy, as you only have one minute.

Deputy Gerry Adams: The letter continues, “The final bookings will be made for patients——

Deputy Sandra McLellan: This is important.

Deputy Gerry Adams: ——up to and including 30 June 2011”. Sin é.Isé sin an fhírinne. There is no scaremongering. These are cancer patients and dialysis patients, including some from the Taoiseach’s county. They have been told there will be no ambulance services to bring them to and from hospital for treatment. On the issue——

An Ceann Comhairle: Could we have a supplementary question, please, Deputy? You are over time.

Deputy Gerry Adams: This is not a supplementary question, with respect; it is the same question being put twice.

An Ceann Comhairle: I have to control the proceedings. The Deputy has one minute and he is over time. 266 Leaders’ 22 June 2011. Questions

Deputy Gerry Adams: I asked the Taoiseach to make a statement in which he makes it clear that he will end this crisis——

(Interruptions).

An Ceann Comhairle: Could we have some silence please? Thank you.

(Interruptions).

An Ceann Comhairle: When a Member is speaking I ask other Members to allow them speak.

The Taoiseach: Not every person who goes for treatment or to attend at facilities travels by ambulance. I met a woman recently who had breast cancer treatment. She had to travel by bus at 5 a.m.——

Deputy Jonathan O’Brien: Answer the question.

Deputy Sandra McLellan: Answer the question.

An Ceann Comhairle: Please, Deputies.

The Taoiseach: ——and she had to make a round trip of 180 km to Galway for a treatment lasting four minutes. In many cases there are clear inefficiencies in the way the service is being delivered. I confirm to the Deputy that no decision has been taken to withdraw transport facilities and these facilities will be maintained——

Deputy Sandra McLellan: It says it in the letter.

The Taoiseach: The letter states that the ambulance service budget has been expended. The reason this Minister for Health is in situ is to restructure the way our health services deliver treatment and standards of care for our people. This is why priorities have to be determined within that budget and every other budget. The Deputy referred to the ambulance budget being expended. It also involves the transport of people to hospital for treatment and to avail of facilities. A transport system has to and will be maintained for people who need it. The Minister for Health is meeting groups and organisers associated with this matter today. He will be happy to report to the House when he has sorted out another problem which has arisen.

Deputy Gerry Adams: On a point of order——

An Ceann Comhairle: No, we are over time.

Deputy Gerry Adams: I have to be allowed a point of order. The Taoiseach made the same commitment——

An Ceann Comhairle: That is not a point of order.

Deputy Gerry Adams: It is a point of order. He made a commitment that the Minister would make a statement. He did not make a statement.

An Ceann Comhairle: Resume your seat, Deputy. I call Deputy Finian McGrath.

Deputy Finian McGrath: Yesterday outside the Dáil I met hundreds of parents of children with special needs. I and other Members of the technical group decided to listen very carefully to their views and to campaign actively on their behalf in respect of the cuts in the numbers of special needs assistants, SNAs, in the education service. They told us of their hurt, pain and 267 Leaders’ 22 June 2011. Questions

[Deputy Finian McGrath.] genuine concerns. We listened very carefully to them and 16 Members of the technical group were there to support them. Why is the Taoiseach cutting services for children with special needs? Does he understand the upset and hurt of many parents of children with a disability? Has he and his Government thought of the consequences of cutting these services? If a service is cut at junior infant level, it damages the start to a child’s education. Would the Taoiseach, as a former teacher, not agree with that? The parents of a child with a disability wrote to me recently, saying: “We could go on and on telling you about the struggle of trying to help our son and the roads that we have to go down to help him achieve his potential. Luke is great but he needs help.” How does the Taoiseach respond to those parents? They also said, which is important: “Our biggest fear is that Luke and other children like him will become lost in the system and things in Ireland will go back 30 years where children with special needs were left in a corner.” What does the Taoiseach have to say to that family? Will he change his plans to cut these services and give the Special Needs Parents Association a commitment today in the Dáil that he will reverse the cuts?

The Taoiseach: I understand the frustration of parents who have children who are challenged and have particular difficulties. These situations can transform the entire lifestyle of a family. It is important to note that the Minister for Education and Skills has set out the situation. Schools are being advised of their special needs assistants for the coming school year this week. The last Government decided in December 2010 to cap the number of SNAs at 10,575. There are currently 10,802 posts, which is 227 over the cap that has to be reached by the end of 2011. As the 10,575 cap must be met by the end of the year, that reduction will take place. I assure the House that the existing level of SNAs in special schools will be maintained. I also assure the House that all schools which enrol children with special needs will have special needs assistant support. All such children will have access to the support and no school in the country will lose all its SNA support. Any school that has even one child like Luke will have SNA support. The perception that there are serious cutbacks is simply not true. The Minister for Education and Skills announced 90% of the allocation of SNAs. That means he held back 10%, a total of 475 posts. Those posts will be allocated specifically for children like Luke who need SNA support. The report on the value for money and effectiveness of spend highlighted a situation — the Deputy will know this — where in some cases children were allocated SNAs not because of their particular challenge or disability but for a variety of other things, such as for therapeutic or pedagogical reasons. It became an understanding that schools could get SNAs for practically anything and that system could not continue. I strongly support the SNA system. I know many of them who give great attention, commitment and diligence in helping children who need them. The Minister for Education and Skills will continue that system. The 475 posts that he has held back would address the particular priorities and cases where children need SNAs. There is a reduction of less than 2% in the overall number to maintain the cap by the end of 2011. It is not true to say that schools will lose all their support and that any child who needs SNA support will not have it. They will have it and the support will continue because it is important for the education of children as they move through the system.

Deputy Finian McGrath: I never said that there would—— 268 Leaders’ 22 June 2011. Questions

(Interruptions).

An Ceann Comhairle: Please give the Deputy an opportunity to speak.

Deputy Finian McGrath: Everyone knows where I stood on the cuts and I walked on the issue. Everyone knows that. I will not take any lectures——

(Interruptions).

An Ceann Comhairle: Deputy, please resume your seat. Please have some order. The Deputy has one minute. Please give him the opportunity to speak. This is a democracy we live in.

Deputy Finian McGrath: I never voted for any cuts in my life.

(Interruptions).

An Ceann Comhairle: Do not be inviting——

Deputy Finian McGrath: The Ceann Comhairle has asked me not to invite the Deputy, but I will deal with him another day. Can I respond?

An Ceann Comhairle: Yes, please do without inviting interruptions.

Deputy Finian McGrath: The Taoiseach said this is about perception. Yesterday the technical group spoke to families on the front line who would be directly affected by these cuts. The reality is that the cuts are coming in this week. There will be 227 fewer posts in the service. That is the reality. There will be a reduction in services to children with special needs.

An Ceann Comhairle: Is there a supplementary question?

Deputy Finian McGrath: Can the Taoiseach clarify the position? He mentioned other children with different needs. It was a reality and I accept his valid point. If services are removed from children with special needs, they may have to leave school and we will end up paying more money for them in the provision of other services for them.

An Ceann Comhairle: The Deputy is over time.

Deputy Finian McGrath: Does the Taoiseach want to go down in history as the Taoiseach who cut services for children with a disability?

(Interruptions).

Deputy Simon Harris: He is better than the Del Boy you supported.

The Taoiseach: Let me confirm for Deputy McGrath that any school that requires the assistance of the SNA support scheme will have it. Any child who needs SNA support will have access to it. I did not have the opportunity, as the Deputy did yesterday, to meet the parents of children from St. Senan’s in Templeshannon in Enniscorthy. Had I had an opportunity I would have had no difficulty in meeting them. There are three special classes for autism spectrum disorder at the school. There are 13 SNAs catering for 18 pupils in these three classes. This is far higher than the recommended ratio for SNA class groups of one SNA per three children. This is a situation where, given the constraints that apply across the board, everybody has to do more with less. 269 Order of 22 June 2011. Business

[The Taoiseach.] I do not want to see any child who really needs SNA support go without it and no child who deserves it will go without it.

Deputy Finian McGrath: Is the Taoiseach saying they do not need special support?

Order of Business The Taoiseach: Today’s Order of Business is No. 15, motion re presentation and circulation of Revised Estimates 2011; No. 18, statements on pre-European Council meeting on 23 and 24 June; and No. 6, Finance (No. 3) Bill 2011 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m., (2) No. 15 shall be decided without debate and any division demanded thereon shall be taken forthwith, (3) the proceedings on No. 18 shall, if not previously concluded, be brought to a con- 11 o’clock clusion after 65 minutes and the following arrangements shall apply: (i) the statements shall be confined to the Taoiseach and the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group who shall be called upon in that order and who may share their time and shall not exceed 15 minutes in each case; (ii) a Minister or a Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; (4) the proceedings on Second Stage of No. 6 shall, if not previously concluded, be brought to a conclusion at 10 p.m.; Private Members’ business shall be No. 27, motion re remuneration (resumed), to conclude at 8.30 p.m., if not previously concluded.

An Ceann Comhairle: There are four proposals to be put to the House. Is the proposal, that the Dáil shall sit later than 8.30 p.m., agreed to? Agreed. Is the proposal for dealing with No. 15, motion re presentation and circulation of Revised Estimates 2011, without debate agreed to? Agreed. Is the proposal for dealing with No. 18, statements on pre-European Council meeting on 23 and 24 June, agreed to?

Deputy Gerry Adams: I note that there will be statements on the forthcoming European Council meeting. Can time be provided next week for a full report on the meeting, including for a debate on the outcome?

An Ceann Comhairle: That would be the normal practice.

Deputy Dara Calleary: The Deputy is new.

Deputy Caoimhghín Ó Caoláin: May we seek confirmation?

An Ceann Comhairle: It is a matter for the Whips to agree on it.

Deputy Gerry Adams: We are looking to the Taoiseach to provide confirmation.

The Taoiseach: This is the first occasion on which any Government has provided an opportunity for Members to have their say before the holding of such a Council meeting. I know the time before the meeting is relatively short, but it is important. We are committed to providing such an opportunity and I want to see it happen. As is normal, there will be an opportunity for Deputy Gerry Adams and others to contribute next week when we discuss the outcome of this week’s Council meeting.

Deputy Gerry Adams: Go raibh maith agat. 270 Order of 22 June 2011. Business

An Ceann Comhairle: Is the proposal for dealing with No. 6, Finance (No. 3) Bill 2011, agreed to?

Deputy Micheál Martin: No, it is not agreed.

Deputy Joe Higgins: Every single week there are one or two proposals which involve the discussion on Bills being guillotined. This is from parties which promised that there would not be a repetition of what previous Dáileanna had to endure at the hands of a Fianna Fáil-led Government. This a non-controversial measure. The vast majority of Members will support the Bill and welcome what it contains, but I object to the use of a guillotine. What will happen when there is more pressure in dealingn with other legislation and issues which will need far more time to be debated? I am signalling my objection to this approach.

Deputy Gerry Adams: Sinn Féin agrees with Deputy Joe Higgins. We also object to the use of the guillotine.

The Taoiseach: There is no objection to this short Bill. It is a tidying up measure which extends the same tax and pension rights to those in civil partnerships. I am not sure what Deputies will gain by continuing to talk about it when everybody agrees it should be done. That is all that is involved. The Bill is straightforward.

Deputy Ruairí Quinn: We want to deliver it.

The Taoiseach: It is non-contentious. Perhaps the Deputy might say whether he objects to it.

Deputy Bernard J. Durkan: Come on Joe.

Question, “That the proposal for dealing with No. 6, Finance (No. 3) Bill 2011, be agreed to,” put and declared carried.

An Ceann Comhairle: We now proceed to legislative items on the Order of Business.

Deputy Micheál Martin: Three weeks ago the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, outlined his legislative proposals in respect of political donations. When the Fianna Fáil Bill was voted down by the Government parties in April——

Deputy Pat Rabbitte: This is unbelievable.

Deputy Micheál Martin: ——the Taoiseach said the Government’s Bill would be published within weeks and enacted before the recess. It is now absolutely clear that it will not be enacted in the next few weeks. Perhaps, therefore, the Taoiseach might clarify the matter. He said legislation to restrict personal donations and place a ban on corporate donations would be in force for all candidates and in respect of all fund-raising activities by parties for the Presidential election. Will he confirm that this commitment is no more and that the existing donation rules will operate in respect of the Presidential election?

An Ceann Comhairle: We are not dealing with the contents of legislation.

Deputy Micheál Martin: When will the legislation be brought before the House?

An Ceann Comhairle: That question is in order, but not the one dealing with the contents of the legislation.

Deputy Dara Calleary: It will be very expensive. 271 Order of 22 June 2011. Business

Deputy Micheál Martin: I am sure the Taoiseach wants to help the House.

The Taoiseach: The Minister is working on the legislation and we expect him to bring it forward very soon.

Deputy Micheál Martin: The Taoiseach said it one month ago and also said it the month before that.

The Taoiseach: I do not want to refer to the record of the Government of which the Deputy was a member on corporate donations.

Deputy Ruairí Quinn: They were in office for 14 years.

The Taoiseach: There was no reform for 14 years. The Minister, Deputy Phil Hogan, is dealing with the matter as a priority. He will bring forward the legislation in a couple of weeks at which time we will get on with discussing and passing it through the House.

Deputy Pat Rabbitte: If you did not stop John Gormley, it might have been enacted by now.

Deputy Micheál Martin: There is a measure on the Order Paper that could be implemented quickly if the Government agreed to debate in Government time.

Deputy Pat Rabbitte: If he did not do it in 14 years——

Deputy Ruairí Quinn: He took the money instead.

An Ceann Comhairle: The Taoiseach has answered the question.

Deputy Caoimhghín Ó Caoláin: Statements by the Minister for Health have been consistently requested, with an opportunity to question him on a variety of crises, yet such an opportunity has not been provided. The Government’s intended legislative programme has been published, but the list was much reduced. Some important items of legislation that we, including the Minister for Health, have been pursuing for a long time are no longer even in the programme. In the context of everything Deputy Gerry Adams has raised this morning and yesterday, the eligibility for health and social services Bill is one example. Time and again we have noted this matter. In the previous Government’s final legislative programme it was stated it was not possible to indicate when it would be introduced. However, it does not even appear in the Government’s legislative programme. What is the status of the eligibility for health and social services Bill? Will the Minister and the Department reinstate this promised legislation on the list? It should be expedited, given the level of public concern about so many aspects of the delivery of health services.

An Ceann Comhairle: Has this legislation been promised?

The Taoiseach: Late last year the Department of Health completed a review of the health services eligibility framework which is set out in the Health Act 1970. A draft Government memorandum sought approval to prepare the draft heads of a Bill. This was circulated to all Departments for observations in December 2010. This work has been suspended because we need ministerial guidance and clarification on the legislation required to give effect to the new approach to the delivery of health services envisaged in the programme for Government. The Minister for Health will respond to that in due course in dealing with universal health insurance, universal primary care and so on. It will come back but it will be on the basis of the new priorities reflected in the programme for Government as driven by the Minister for Health and his Ministers of State. 272 Order of 22 June 2011. Business

Deputy Caoimhghín Ó Caoláin: What about the people’s right to eligibility and entitlement? What is the Taoiseach doing about this?

The Taoiseach: For instance, when the Deputy says that the Minister did not have the opportunity to speak to the Dáil——

Deputy Caoimhghín Ó Caoláin: He has not taken it.

The Taoiseach: ——last evening, the Minister of State responded to the question raised by Deputy Adams about eligibility for services, people’s rights and transport and ambulance services on a matter on the Adjournment debate last night.

Deputy Caoimhghín Ó Caoláin: The Taoiseach certainly did not answer it this morning.

Deputy Joe Higgins: Half of the people in this State believe they were misled by Fine Gael and the Labour Party with their election promises, according to a poll in the Irish Independent this morning.

An Ceann Comhairle: We are not dealing with polls at the moment. The Deputy to proceed on a matter of promised legislation.

Deputy Joe Higgins: At a time when we also learn that the crucial resource of visiting teachers for Traveller children is being withdrawn, I remind the Taoiseach that the two Govern- ment parties’ promises were for equity in education and to legislate for that. Will the Taoiseach come before the Dáil shortly with the real programme for this Government and the real cuts rather than the increasingly fictionalised programme for Government, as he bends the knee to bankers in Europe and speculators?

An Ceann Comhairle: Is there an item of legislation about which the Deputy is concerned?

Deputy Joe Higgins: No, I am asking the Government to come forward with its real programme and let us have a measure of honesty so we know what that is.

An Ceann Comhairle: That is a different issue. That is not a matter for this item of business.

Deputy Pearse Doherty: In the context of the presidential election, I am not sure if the Taoiseach is aware that at least one local authority is refusing to accept the nomination from councillors.

An Ceann Comhairle: Sorry, the Deputy is out of order.

Deputy Pearse Doherty: No, this matter is in regard to proposed legislation. At least one council refuses to accept the nomination for president given that the legal advice is that it is irregular and that it would not have any legal standing.

Deputy Pat Rabbitte: A local authority cannot run for the presidency.

Deputy Pearse Doherty: This is a nomination for the presidency.

An Ceann Comhairle: I ask the Deputy to address his remarks through the Chair.

Deputy Pearse Doherty: When will the regulations be issued to the local authorities? Is legislation required to allow local authorities to vote at this stage in regard to an Independent candidate given that this goes to the very heart of democracy? 273 Order of 22 June 2011. Business

A Deputy: This is out of order.

Deputy Pearse Doherty: This is on the basis of legal advice and a local authority is refusing to accept the motion.

Deputy Bernard J. Durkan: Is Deputy Doherty running for it?

Deputy Pearse Doherty: Is legislation required to regularise this position?

Deputy Dara Calleary: Come on Bernard, you should throw your name in.

The Taoiseach: Under the current rules, regulations and legislation, local authorities are entitled, in their deliberations, to give a nomination to a candidate if they so wish. Obviously the matter——

Deputy Dara Calleary: Unless it is the Fine Gael——

The Taoiseach: Obviously the matter of the presidential election is proceeding. I expect it will be a very vibrant and energetic contest——

Deputy Dara Calleary: Internally.

The Taoiseach: ——and I hope whoever wins the presidency will go on to represent our people and country——

Deputy Timmy Dooley: Who are you backing?

Deputy Dara Calleary: Go on Taoiseach, who are you backing? It is like the Grand National.

The Taoiseach: ——in a proper and fitting fashion and to the highest standards.

Deputy Timmy Dooley: You might put yourself forward.

Deputy Michael McCarthy: What is happening on the criminal justice Bill, listed on the Government’s legislative programme, which aims to amend criminal law to improve certain procedural matters and strengthen Garda investigative powers in relation to white collar crime?

Deputy Dara Calleary: It is awaiting Committee Stage.

The Taoiseach: The position in so far as the white collar crime legislation is concerned is that it is awaiting Committee Stage. As the Deputy will be aware it was published by the Minister for Justice and Equality a short time ago. It is the first white collar crime Bill published here for very many years,——

Deputy Dara Calleary: It was published again.

The Taoiseach: ——an indication of the Government’s seriousness about a situation where people who stray outside the law can be brought before the law. It is awaiting Committee Stage.

Deputy Thomas P. Broughan: Are the criminal justice (forensic investigations) Bill and the noise pollution Bill being brought forward? The Taoiseach will recall that in the previous Dáil and the Dáil before that there was great determination to bring forward a noise pollution Bill, but that has not happened yet. Will the Taoiseach consider holding another referendum on the date of the presidential election on the European bailout? It appears that Greek citizens will get an opportunity to 274 Order of 22 June 2011. Business give their verdict on the bailout conditions which may apply to Greece from next week onwards. Given that we are facing into another tranche of the bailout, which unfortunately was negotiated disastrously by the previous Government and which continues in place, will the Taoiseach give the people an opportunity to have their say on it?

Deputies: Hear, hear.

The Taoiseach: There is no date for the publication of the noise pollution Bill. The DNA data Bill should be ready before the end of the year. As Deputy Broughan will be aware and he is fully acquainted with all the facts, the Government is proceeding to meet the commitments and requirements of the IMF-EU bailout deal and Ireland is heading in the right direction. There are several serious challenges up ahead, which we will meet, arising from the confines of the spending review. As he will also be aware, the meeting in Luxembourg on Monday made a decision which will have a positive implications for all the countries of Europe.

An Ceann Comhairle: I call Deputy Ellis and I hope his matter is about promised legislation.

Deputy Dessie Ellis: Is the Taoiseach aware that many new Tesco express shops are springing up all over the place and many of these have been opened alongside existing businesses? I can give him many examples of such outlets. The existing businesses are well established.

An Ceann Comhairle: Sorry, Deputy.

Deputy Dessie Ellis: I am coming to the question. These businesses are well established and employ many local people and others. Any there plans to deal with such unfair competition? Is legislation being brought forward to deal with unfair competition? When planning applications for such outlets are submitted, is the impact such operations will have on existing businesses taken into account?

An Ceann Comhairle: Is there promised legislation on this area, Taoiseach?

The Taoiseach: As Deputy Ellis will be aware, the local authorities accept planning applications and the planning process decides the nature and extent of any business. An Bord Pleanála and the legislation governing the retail size of outlets has its own bearing on that. The Minister for Jobs, Enterprise and Innovation deals with the Competition Authority and keeps that under pretty constant review. There is not any legislation as far I am aware on the specific issue the Deputy mentioned.

Deputy Dessie Ellis: We need some.

Deputy Pádraig Mac Lochlainn: The European stability mechanism requires an amendment to the Lisbon treaty. Does the Taoiseach intend to hold a referendum to put a question to the people on agreeing to that amendment?

The Taoiseach: The previous Attorney General advised the Government at the time that a referendum was not necessary because of the minor nature of the change involved here in respect of Ireland. The current Attorney General is assessing that position. Our view is that a referendum is not necessary and the matter will be debated in the House in due course.

An Ceann Comhairle: We will move on to questions to the Taoiseach.

Deputy Bernard J. Durkan: A Cheann Comhairle, I was waving to you.

An Ceann Comhairle: Sorry, I did not see the Deputy indicating. 275 Twenty-Ninth Amendment of the 22 June 2011. Constitution (No. 3) Bill 2011: First Stage

Deputy Bernard J. Durkan: I am becoming more and more invisible with the passage of time. It is sad but that is the way it is. (Interruptions).

Deputy Bernard J. Durkan: A Ceann Comhairle, the Deputies are very unruly this morning. It is very unfair. On promised legislation——

Deputy Micheál Martin: The presidency Bill.

Deputy Bernard J. Durkan: An important item of promised legislation is to provide a statutory basis for the vetting of applicants for employment and employees, including vetting to identify in particular information relating to the endangerment, sexual exploitation and sexual abuse or risk thereof to children and vulnerable adults. It was deemed to have been urgently required a year or two years ago. The previous Administration attempted to lend certain important——

An Ceann Comhairle: Thank you very much. I will try to get the Deputy an answer to his question.

Deputy Bernard J. Durkan: I appreciate the Chair’s recognition of the issue.

An Ceann Comhairle: I thank the Deputy for the background on it.

Deputy Bernard J. Durkan: The previous Government failed to introduce this legislation.

The Taoiseach: It is national vetting Bill to which the Deputy refers. It is an important Bill and it is quite complex. It is currently being drafted between the Department of Justice and Equality and the Department of Children. I cannot give the Deputy an accurate date as to when it will be published.

Deputy Bernard J. Durkan: I have one other matter. It is equally important. The Opposition will be delighted to hear about this. I refer to the clamping regulation Bill which is also promised.

Deputy Dara Calleary: Do not put a clamp on Áras an Uachtaráin, Bernard.

The Taoiseach: We hope to clamp on that by the end of this year.

An Ceann Comhairle: That will be ready by the end of this year, Deputy.

Deputy Timmy Dooley: I would say it will be when you bring in the budget.

An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Uimh. 3) 2011: An Chéad Chéim

Twenty-Ninth Amendment of the Constitution (No. 3) Bill 2011: First Stage Deputy Charlie McConalogue: Tairgim:

Go gceadófar go dtabharfar isteach Bille dá ngairtear Acht chun an Bunreacht a leasú.

I move:

That leave be granted to introduce a Bill entitled an Act to amend the Constitution.

An Ceann Comhairle: Is the Bill opposed? 276 Ceisteanna 22 June 2011. - Questions

Minister of State at the Department of the Taoiseach (Deputy Paul Kehoe): No.

Cuireadh agus aontaíodh an cheist.

Question put and agreed to.

An Ceann Comhairle: Since this is a Private Members’ Bill, Second Stage must, under Stand- ing Orders, be taken in Private Members’ time.

Deputy Charlie McConalogue: Tairgim: “Go dtógfar an Bille in am Comhaltaí Príobháideacha.” I move: “That the Bill be taken in Private Members’ time.”

Cuireadh agus aontaíodh an cheist.

Question put and agreed to.

Ceisteanna — Questions

————

EU Summits 1. Deputy Gerry Adams asked the Taoiseach if he has spoken directly to the French Pres- ident Nicolas Sarkozy since he came to office; and whether they have discussed the issue of the EU/IMF Bailout. [16162/11]

2. Deputy Gerry Adams asked the Taoiseach if he intends to engage directly with French President in the weeks or months ahead. [16278/11]

3. Deputy Micheál Martin asked the Taoiseach his contact with the French President Nicolas Sarkozy since 9 March 2011; the phone calls he has had with the French President; if he has had any direct meetings with him and if he has any plans to have any phone calls or direct meetings with the French President in the next few months. [16294/11]

4. Deputy Gerry Adams asked the Taoiseach his priorities for the forthcoming meeting of the European Council. [16605/11]

5. Deputy Gerry Adams asked the Taoiseach if he will raise the issue of the Government’s request for a rate cut on the interest of the EU/IMF bailout at the forthcoming European Council meeting. [16606/11]

The Taoiseach: I propose to take Questions Nos. 1 to 5, inclusive, together. As I will make a statement to the House following parliamentary questions, I will confine myself to a few brief remarks. The proposed agenda for this week’s European Council meeting is a wide-ranging one covering economic issues, migration, asylum and international questions. In the area of economic policy, the meeting marks the conclusion of the first European semester and will include endorsing country-specific recommendations on foot of recent proposals made by the Commission. This is in light of the commitments made by member states in their national reform and stability and convergence programmes. The Council will also take stock of progress on all other strands of the comprehensive economic package it adopted in March. There will be a review of progress in implementing asylum and migration policies and issues raised by recent developments in the southern Mediterranean. There will also be a review of 277 Ceisteanna 22 June 2011. - Questions

[The Taoiseach.] progress in negotiations on Croatia’s accession to the European Union. The Council is expected to note the outcome of work on the inclusion of the Roma population in the EU and on the launch of a strategy for the Danube region. The Council will also be called on to decide on the appointment of a new President of the European Central Bank. I have not spoken by telephone with President Sarkozy. However, I met him at the European Council meetings in Brussels on 11 and 24-25 March. There has also been regular contact between our Administrations at official and diplomatic levels. I expect to see President Sarkozy again this week. Arrangements beyond that have not been finalised. The principle of an interest rate reduction has already been agreed in respect of EU funds being drawn down under our EU-IMF programme of financial support. Work on this issue by finance Ministers is under way and I remain hopeful of a satisfactory outcome. Our position is that the interest rate should be priced to support recovery and to facilitate a return to markets. We will continue to take every appropriate opportunity to press this case.

Deputy Gerry Adams: I will address these questions in a thematic way. There are two issues, the first of which is the way the Taoiseach responds to questions. I asked direct questions — Nos. 4 and 5 — about the Taoiseach’s priorities and whether he would raise the issue of the cut in the bailout’s interest rate at the forthcoming Council meeting, but he did not answer either. There is a difficulty with how we do our business. Second, the manner in which the Government is dealing with the EU is a debacle. It is a bit like the emperor having no clothes — depending on which Minister is speaking, it will be on, it will not be on, we are going to burn bondholders, we are not going to burn bondholders. All the while, the unsustainability of our large debt is being ignored. Promises are being continually broken. For example, it was promised that not one red cent would be given to the banks, but they were then given €24 billion. That is €13,000 from every worker. Remember the universal social charge and the public service issues we discussed, in particular the health service. The Labour Party should be ashamed of its involvement in these measures. Will the Taoiseach reflect on my genuine point about how we conduct our business? Is the Government committed to burning the senior bondholders in Anglo Irish Bank and Irish Nationwide, as the finance Ministers promised recently? Will the Taoiseach tell our European partners that we will no longer take orders from Frankfurt and that we will not sell off our State assets or impoverish our citizens from this point forward? This debt is unsustainable.

The Taoiseach: The programme for Government is designed to implement a series of measures that will restore Ireland’s good fortune and restore the opportunity for people to have prosperous lives, careers and work opportunities. This requires dealing with a range of problems — the banks, unemployment and job creation initiatives — as well as the central question of closing our budget deficit in Ireland, which is part of the reason for a comprehensive spending analysis and review. That is our business and that is what we have to deal with. As a Government, that is where we are focused. In respect of the European Council, the Deputy is aware that, under the Treaty of Lisbon, the President of the Council — in this case, President Van Rompuy — is the person who determines the preparation of the agenda for the continuity of the work of the Council. He does that in co-operation with the President of the Commission and on the basis of the work of the General Affairs Committee. No less than four weeks ahead of a regular meeting, the President submits a draft agenda to the General Affairs Council in close co-operation with the member state holding the Presidency and with the President of the Commission. 278 Ceisteanna 22 June 2011. - Questions

I have responded to questions here before. I expect not only to attend the meeting, but to participate in an inclusive fashion in the discussions that take place about the situation, as we see it, in so far as Europe is concerned and the challenges that Europe faces. Deputy Adams is aware that, in the programme for Government, we are committed to realis- ing €2 billion in respect of the sale of non-strategic assets at the appropriate time and under appropriate conditions. He is also aware of the list of potential assets submitted by Mr. Colm McCarthy, who made a series of recommendations, but the Government will, in due course over its lifetime, decide which non-strategic assets should be sold, in what conditions and in what respect. There is no intention of impoverishing anyone. What is involved is rectifying the trouble our country is in economically. This is an economic challenge and the support and contribution of everyone will be required to meet it. That is what we will do. On Thursday and Friday, I will participate in the discussions that take place at the European Council meeting. I expect to meet all of my colleagues there during the course of the two-day summit. As appropriate, I will raise the issues in respect of Europe and in respect of Ireland, as I see fit at the meeting. Obviously, the big issue is consideration of issues arising from the vote of the Greek Parliament to set out on a road of serious austerity measures. In so far as Ireland is concerned, we are in a programme, we are meeting its demands and conditions, challenging though they are, and we are heading in the right direction. Our job and the Deputy’s job is to point out initiatives that can take place that help our indigenous economy, restore confidence and get our people back to work. The Government will make its decisions in due course for debate in the House about how we close our budget deficit. The decisions made must be based on priority, maintaining services and doing more with less.

Deputy Gerry Adams: I do not understand the strategy. The Taoiseach has heard me say so previously and I have tried to appreciate what the strategy does, but I can predict what he will say at the Council meeting. He always starts off his remarks by committing the Government entirely to the bailout. Why on Earth would the Council take him seriously when he is telling it that the Government is committed to doing what the Council wants us to do? Every day of the week, we can see the social consequences of this commitment in our constituencies. I ask the Taoiseach to take on board the hard reality learned a long time ago by our mothers and grandmothers that one cannot solve a debt crisis by taking on more debt. It is time the Taoiseach took direct responsibility for negotiating with the EU, IMF and ECB and started defending all of those people who are being impoverished, although I accept that may not be the intention of Government. As the Taoiseach said prior to entering government, this is a Fianna Fáil plan. While Fine Gael and the Labour Party were before entering Government opposed to it they are now implementing it. This is not the Government’s plan: it is implementing Fianna Fáil policy. I say that not to score party political points but simply to make the point. The Government is doing exactly what the previous Government did in terms of this bailout.

The Taoiseach: It is incorrect to say we are doing exactly what the previous Government did. We have inherited a situation whereby the sovereign is unable to borrow money. That is a fact. Our challenge and that of the Opposition is to get our country back to a point where it can borrow money on the bond markets and thus be in charge of its economic destiny. That is the challenge facing the entire country into the future. It will not be easy. We face many challenges, all of which will be spelled out clearly as we unveil the full truth in the context of the comprehensive spending review. I have said on many occasions that we cannot tax or cut our way back to prosperity. There is no difference of opinion between us in that regard. However, the only way forward is to 279 Ceisteanna 22 June 2011. - Questions

[The Taoiseach.] make progress in respect of developing our economy, strengthening our indigenous economy, increasing productivity and our exports, which are very strong, having credit available from banks for business and demonstrating we have rebuilt our international reputation. The Government has decided on the bank situation, the deleveraging of non-core assets internationally and will make available €10 billion per annum for each of the next three years for lending to small and medium enterprises. I want the banks to be able to show the people on a bimonthly or quarterly basis what new lending they are making available following which I, Deputy Adams and Deputy Martin can discuss what new businesses in Cork, Louth or anywhere else are in a position to obtain credit for expansion of employment under appropriate conditions. When in Deputy Martin’s constituency last week, I had the privilege of turning a sod on a major site in Mahon where 300 people will be working over the next few weeks. It is a €50 million investment.

Deputy Micheál Martin: That shows what was going on before this Government took office.

The Taoiseach: Yes, I understand that. The American company involved expects to double its workforce here. A man on the site said to me on that day: “It’s great to hear the sound of buckets rattling round this site again.” That is the type of expression of confidence we must get back. The Government is focusing on those priorities in order to get us back to a point where we can borrow on the international markets and be in charge of our own destiny. The Minister for Finance, Deputy Noonan, in the context of setting out the achievements of Government since its election made the point that bond holders in Anglo Irish Bank and Irish Nationwide Building Society are in a different position to other banks. We cannot decide this matter unilaterally. The discussion in that regard will take place with the European Central Bank in the autumn. It is not a matter for discussion at the forthcoming European Council meeting on Thursday and Friday. I have already made clear that discussion will take place with the European Central Bank in autumn because the matter cannot be decided unilaterally.

Deputy Micheál Martin: Arising from the Taoiseach’s reply to Question No. 3, I find it incredible there has been no substantive bilateral meeting or discussion with President Sarkozy on better settlement terms for Ireland. The Taoiseach has acknowledged that in February all EU Governments agreed the need to improve conditions attaching to financial support for Ireland and other countries. This was formalised on 11 March with the expectation that matters would be finalised within weeks. It was stated by officials from the Taoiseach’s office that he was leading a major diplomatic initiative in relation to the conditions attaching to European Union funding. This was said on the morning of the Taoiseach’s only bilateral meeting with an EU leader involved in providing funding. The Taoiseach made clear on a number of occasions during the past two weeks that a lower interest rate is being held up by the personal veto of President Sarkozy. Brief encounters at the side of noisy Council meetings do not constitute substantive bilateral engagement. Given, by the Taoiseach’s own admission, that this matter is being held up by the personal veto of President Sarkozy, perhaps he will explain why he has not gone to Paris over the past three months for a substantive bilateral meeting with President Sarkozy to sort out the issues. Part of the reason may involve the Taoiseach having to explain why his staff went out to hype up the dispute at the meeting on 11 March. However, that can be got over very quickly. If it is the case, despite agreement of all Heads of State on 11 March, that President Sarkozy has vetoed the reduction in interest rates, as the Taoiseach said he has, the only issue then is why the Taoiseach has not met with him. I find it extraordinary that the Taoiseach has not 280 Ceisteanna 22 June 2011. - Questions even had a telephone conversation with President Sarkozy on this matter and that his contact amounts only to meeting him at summit meetings. We all know what happens at those meetings, namely, there is back stabbing and shaking hands on the margins. That does not constitute a substantive bilateral meeting. Given all that has happened and the prioritisation of the debt reduction, I find it extraordinary that the Taoiseach has not had a substantive meeting with President Sarkozy. The Minister for Finance is not in a position to negotiate with President Sarkozy, the man the Taoiseach says is holding up the reduction in the interest rate. Will the Taoiseach agree that he should now initiate substantive talks with President Sarkozy on the settlement terms for Ireland?

The Taoiseach: The decision taken by Government to have diplomatic engagement is paying dividends. In this regard, I note the report of Tony Connelly this morning. This requires that Ministers attend meetings and work outside formal meetings in rebuilding Ireland’s reputation. I am sure Deputy Martin would have had something else to say had I come in here following the meeting on 11 March and said I conceded to the request of the French President that we should increase our corporate tax rate. The indication appears to be that on that basis we would get an interest rate reduction. The Leaders agreed an interest rate reduction should be applied. From our point of view, we have met the conditions and criteria set down in our bailout deal, based on the assessment carried out by the Troika. It is not a case of constantly being on the telephone to the Elysée. I agree with Deputy Martin that a meeting on the margins of a formal meeting does not constitute a substantial bilateral meeting. However, the Ministers for Finance have been given responsibility for this matter and they are negotiating on it. I can confirm that officials from my Department and the Department of Finance and others have been in regular contact with their counterparts in Europe. The Minister for Finance has engaged constructively with his counterparts, including his French counterpart. Madame Lagarde was most helpful and supportive this week in Luxembourg in respect of the change on the preferred creditor status within the EMS, which is important in its own right. If and when it is appropriate to arrange a substantial bilateral meeting with President Sarkozy arising from the conclusion or otherwise of the work of the Ministers for Finance I will be happy to do so. I have never set a date for a conclusion of this issue or the question of an interest rate reduction. It has always been my expectation and belief that it will be concluded successfully. As I said, the negotiations and discussions continue.

Deputy Micheál Martin: If there is a fundamental difference on an issue with a Head of State, I find it extraordinary that a meeting has not been held to deal with it. This is an issue that has already been agreed. An interest rate reduction essentially was agreed to at the meeting on 11 March; it is its implementation that has been delayed. Ultimately, it will be agreed to. Having all of these hyped-up briefings before and after meetings about the great spats we are having——

An Ceann Comhairle: A supplementary question, please.

Deputy Micheál Martin: ——does not add anything to French-Irish relationships and so on. Has the delegation to the Finance Ministers been a manoeuvre to circumvent Mr. Sarkozy? Are people afraid of him or are they simply trying to resolve the issue around him? It is difficult to comprehend, given the priority the Taoiseach attaches to the issue, the reason he has not sought a meeting with him. On general issues for the Council, the simple reality about the schedule for the Council meeting this week is that we are not even on the agenda. ECOFIN met for two days—— 281 Ceisteanna 22 June 2011. - Questions

An Ceann Comhairle: This is Question Time, if the Deputy would not mind asking a question.

Deputy Micheál Martin: I am coming to it, as I am entitled to do. The Minister for Finance, Deputy Michael Noonan, was left trying to claim credit for a change we had not sought to a fund we did not want to access. Ultimately, there will be an interest rate reduction and the Taoiseach will obviously claim that some deep strategic manoeuvre was responsible for it. Why has an Irish rate reduction which was agreed to in principle three months ago not been on the agenda of Finance Ministers or, indeed, Foreign Ministers this week? Why is it not on the agenda for the summit?

The Taoiseach: I have explained this previously. It is not a case of trying to circumvent anybody. The decision to devolve authority to the Finance Ministers was made deliberately. It was made because lending countries told me directly that they would only go to Parliament once. Therefore, we need to have accurate figures and know the truth of the scale of the requirement from Ireland arising from the bank debacle. As I was not in a position to give an accurate figure to other leaders, the matter was not decided. The reason I was not able to give that figure, as the Deputy knows, is that the stress tests on the banks had not been completed. Therefore, in the absence of clarity and truth about the matter, the leaders decided to wait until the stress tests had been completed and to devolve authority to Finance Ministers to conclude the negotiations on the interest rate reduction. As I said, Greece was not involved in the EFSF bailout, as it was in a slightly different position. However, an interest rate was agreed to for Greece, as well as an extension of the time allowed for repayment. As Ireland was not in a position to give an accurate and truthful account of the scale of its requirement because the stress tests had not been completed, the leaders, including President Sarkozy, said they would devolve authority to conclude the negotiations to the Finance Ministers. The negotiations are ongoing. That is where the matter lies and progress is being made. I hope we can bring a conclusion to the matter. While I would like it to happen very quickly, I have never been in a position where I genuinely could put a date on when it might become a reality.

Constitutional Amendments 6. Deputy Micheál Martin asked the Taoiseach if he will outline consultations which he has held with political parties and non-governmental organisations regarding proposals for Constitutional amendments. [16286/11]

7. Deputy Micheál Martin asked the Taoiseach the reason no consultations have been held with opposition parties and groups concerning the establishment of the Citizen’s Assembly. [16292/11]

The Taoiseach: I propose to take Questions Nos. 6 and 7 together. Work is proceeding in my Department on the preparation of proposals for a referendum on the abolition of the Seanad and the setting up of a constitutional convention. When these proposals are ready, they will be considered by the Government. Once proposals for the setting up of a constitutional convention are approved by the Government, I propose that they will be the subject of consultation with the Opposition parties and other appropriate stakeholders. The proposal to abolish the Seanad was signalled by the Government parties prior to the general election. The programme for Government contains a commitment to put this question to the people in a referendum. The Dáil and the Seanad will, of course, have an opportunity to fully debate the necessary legislation when it is published. 282 Ceisteanna 22 June 2011. - Questions

Deputy Micheál Martin: The Taoiseach did not answer Question No. 7. Question No. 6 deals with constitutional amendments, while Question No. 7 relates to the establishment of the citizens’ assembly.

The Taoiseach: What I said was that when the constitutional convention criteria were set out, there would be discussions with the Opposition parties. The same will apply to the citizens’ assembly. We will discuss with Deputies Micheál Martin and Gerry Adams and other leaders the range, scale and intent of what is involved.

Deputy Micheál Martin: There are two separate questions. To deal with Question No. 6 first, there are three constitutional amendments to be voted on in October. While the Taoiseach seems to focus on the particular issue of the abolition of the Seanad, three constitutional amendments have been committed to. However, there has been no consultation on the principles or details with any party in the House, which is regrettable. The Taoiseach gave a commitment to engage in greater consultation, but he is actually providing for less consultation on these fundamental issues. With regard to the public vote, the Taoiseach has said that the Referendum Commission should be given much more time to prepare information for the public. Again, however, he is providing less time in the context of the forthcoming referenda. Will he explain why the promised consultations have not taken place? When exactly is it intended to deal with the details of the three referenda?

The Taoiseach: They have not taken place because the Bills have not yet been drafted. They will give rise to thorough and comprehensive consultations. The Government has decided to hold a referendum in respect of the Abbeylara judgment and the issue of whistleblowers because I do not want to preside over an Oireachtas with toothless committees. We all share a view on the need for accountability, transparency and responsibility. One of the things that was sadly lacking in previous Dáileanna in the past 25 years was the ability to provide for the compulsory attendance of and complete confidentiality for persons who brought to the notice of public representatives matters that should have been in the public domain. For that reason, the Government has decided as a priority to hold these two referenda on the same date as the Presidential election. I can confirm that work is proceeding seriously to have the Bills drafted. Deputy Micheál Martin and others will be consulted about them. The same applies in the case of the third referendum to be held on the question of judicial pay. The Deputy will be appropri- ately consulted, as will others, when that Bill has been drafted.

Deputy Micheál Martin: Actions speak louder than words.

The Taoiseach: They do.

Deputy Micheál Martin: We are not being consulted — that is the point. The Taoiseach stated in the programme for Government that as a matter of practice there would be consultations prior to the drafting of Bills and other legislation. However, there has been no attempt to do this. I would have thought that, in the context of a profound matter such as a constitutional amendment of the type the Taoiseach has outlined, consultation with political parties would be facilitated. When will the House deal with the three referenda? When does the Taoiseach expect to bring the Bills before the House? Will it be before the recess or in September?

The Taoiseach: To enable the referenda to be held, the Bills must be processed by a date in September. I hope they will be published as soon as possible and that there will be an opportunity to engage in a thorough discussion, a point on which I have been clear. When we come 283 Ceisteanna 22 June 2011. - Questions

[The Taoiseach.] back in September, there will be changes to the structure of Dáil reform. There will be discussions about that either this week or next week with Opposition leaders to implement changes to make this place more efficient and professional but, in advance of that, in one or two cases, Ministers will refer the heads of Bills to the appropriate Oireachtas committee for political reaction and discussion. That has never happened. When heads of Bills are drafted and circulated, they stay inside the circle until the Bill is published. The Ceann Comhairle, in a previous existence, was always clear that there should be an opportunity for Oireachtas committees to give a reflection from a political perspective on the heads of Bills when they are drafted. That will happen from September in every case but it will happen in a number of cases before then. Oireachtas committees will be consulted and the Members can give their views — good bad or indifferent — about the proposals contained in the heads. In the next week, the Government Chief Whip will meet Opposition leaders and Whips about a range of changes in the way the Dáil works but, in advance of that, the heads of some Bills will be referred to Oireachtas committees for their consideration.

Deputy Gerry Adams: Sinn Féin supports political reform and I have listened over the years to what the Taoiseach has said on this issue. I have said on the record that I agree with a great deal of what he says, including that reform should be citizen-centred, accountable and transparent and it should be based on equality and fairness. It is important to step back every so often to figure out how these institutions and how we work in the interests of the people who send us here and also to reflect on the gulf that has been created between citizens and the political classes. The Taoiseach made a number of commitments. He committed to a citizen’s assembly but there has been no consultation whatsoever. I do not even know how consultation will work. In the programme for Government he also called on citizens to be involved in this. There needs to be a debate about these institutions. Political reform cannot be reduced to whether we retain or abolish the Seanad. As a relative newcomer, I can see clearly how stultifying this place is and how a Government, particularly one with such a large majority, despite its best intentions, could just go ahead and ignore what is being said by the Opposition. When will there be a process of consultation? What form will it take? Can citizens, Opposition Members and even Government backbenchers have some ownership of that process?

The Taoiseach: If not ownership, certainly participation. There will be consultation directly with the Deputy and other leaders when the structure is put in place. I would like this to happen quickly and I will see to it that it happens. I do not want to give the Deputy an exact date for this but he can take it that he will be invited to participate fully in those discussions and to debate them in the House in due course. Why would I not do so? Every Deputy is sent to the House on the same basis and they are fully entitled to participate. I want this Chamber to move away from the rigid structures of the past and to allow people to give of their views about the kind of country we live in now, the changes evolving before our eyes and the kind of country our children will have to manage and take responsibility for over the next 20 years. ADáil that does not appreciate that it must change the way it does its business to reflect a more modern Ireland will fail in its duty and that is why I have referred to, for instance, the change to send heads of Bills to committees in advance to help make the legislative process more effective, meaningful and consultative. I hope we do not get back to these questions without progress being made on my behalf. That is my responsibility and I will revert to both party leaders shortly.

284 Ceisteanna 22 June 2011. - Questions

Deputy Micheál Martin: Question No. 7 concerns the citizen’s assembly. Given consultation is its core purpose, the fact that we have had no consultation is remarkable. It is supposed to be legislated for over the next four weeks. Does the Taoiseach accept that will not happen? Can he explain what will be done before the legislation is published or passed to ensure the assembly is properly established and has appropriate terms of reference?

The Taoiseach: Before I draft the final structure and terms of reference for the assembly and it becomes enshrined anywhere, party leaders will be consulted for their views on them. That will happen quickly.

National Partnership Agreement 8. Deputy Micheál Martin asked the Taoiseach if he will detail efforts undertaken in his Department in relation to implementing the Croke Park agreement’s terms in its operations. [16288/11]

The Taoiseach: My Department’s action plan under the Public Service Agreement 2010-2014 was submitted late last year to the Department of Finance and subsequently formed part of the overall Civil Service and State agency sector action plan. Specific actions in the action plan include a further reduction in staff numbers, reduced budgets, redeployment of staff, increased flexibility and better business processes. My Department has reduced its core staff numbers by more than 19% and total staff — core and contract — by 10% since January 2008. The reduction in staff numbers last year will give rise to a saving of more than €293,500 annually. Between 2007 and 2010, the total budget was reduced by 18.2%. In the period 2011 to 2014, significant further reductions will be achieved. My Department is on course to achieve these savings, although once off payments have to be taken into account this year, including costs associated with the recent visits of Queen Elizabeth II and President Obama and severance payments to contract staff. Both the departmental action plan and the action plan for the Civil Service and State agency sector are available on my Department’s website.

Deputy Micheál Martin: I welcome the Taoiseach’s comments last week where he praised the implementation of the Croke Park agreement. The evidence is that public servants are actively engaging in the process of delivering reforms and efficiencies. It is time that the rhetoric acknowledged this rather than being the empty tough talking some Ministers have engaged in regarding the agreement. Given the Taoiseach has praised the agreement’s implementation, will he now have the courtesy to withdraw his statement that it was not being implemented? It is important that people are not left with the notion that he was simply playing politics on this issue. It would be a welcome acknowledgement if the Taoiseach confirmed that he no longer believes the agreement is being ignored.

The Taoiseach: The position is that the Government received a report in respect of the implementation of the agreement. The findings are that the agreement and all involved in it are measuring up but, clearly, as the Minister without Portfolio pointed out, there is a need for acceleration in the implementation of further elements of the agreement. As the 12 o’clock Deputy will be aware, if the agreement is not implemented, there will be other consequences. I intend, along with the Minister without Portfolio, Deputy Howlin, to meet the representatives of the bodies associated with the accelerated implementation of the agreement and to give every assistance I can to see that this happens. It is in everybody’s interest that it does and I have experienced nothing but goodwill from public servants who want to demonstrate that they are willingly and voluntarily contributing to this. 285 Ceisteanna 22 June 2011. - Questions

Deputy Micheál Martin: The Taoiseach is on record as saying the agreement was being ignored and so on. He has changed his tune in this regard and that is welcome but he should be clear about that. The Taoiseach’s Department has a great deal of expertise in the handling of social partnership agreements and so on. Has he any remaining involvement in the partnership process and reform following the restructuring of the Department?

The Taoiseach: I spoke to the National Economic & Social Council, which has representatives of all the pillars, recently. While social partnership is not in situ in the way it was previously, I have stated that it has a role on a continuous basis and I am happy to participate where I can. As Taoiseach, it is my responsibility and duty to assist in seeing that the Croke Park agreement is implemented and I apply myself to that with individual Ministers and groups that are involved in seeing that the agreement happens. I commend those who have brought about savings to the extent they have, and commend them for their willingness and co-operation in achieving progress thus far. I share the view of the Minister for Public Expenditure and Reform that there is a clear need for an accelerated timeframe to implement the remaining elements of the Croke Park agreement. I will apply myself to that with the Minister, Deputy Howlin, the other Ministers and all the sectors involved to ensure it becomes a reality. It is in everybody’s interest.

Deputy Gerry Adams: We agree there needs to be an effective, efficient and economic delivery of public services. An aontaíonn an Taoiseach gurb iad saoránaigh atá ag lorg agus ag fáil na seirbhísí cearta? An é sin an cheist mhór faoi na seirbhísí seo? There is also a social consequence to all these matters. We can see this in the health services and the cutbacks to special needs assistants in schools. Would the Taoiseach agree that the moratorium on recruitment in the public sector is having a devastating effect on the delivery of front-line services? Can that be rectified as part of this programme?

The Taoiseach: The Croke Park agreement allows for redeployment and opportunities to get more done with less. The Minister for Public Expenditure and Reform will shortly introduce a series of proposals about the next phase. To that end we wish to encourage and motivate everybody to continue the good work on this path so the highest level possible of service delivery is achieved. This means, of course, deciding on priorities with constrained budgets. Choices must and will be made. The moratorium was introduced for a very good reason and, therefore, positions to be filled should be of priority and absolutely required. Given the constraints on the country, we are going to have to do more with less and that applies to everybody.

Deputy Gerry Adams: We must get more with less. Is there no way the Government might consider equality proofing some of these decisions? Of their nature, public services serve citizens. The Taoiseach knows the root of the word “public” relates to “people”. Many times it is the most vulnerable people, those who are in trauma or ill, are young or have disabilities who are affected. Would the Government consider bringing in a system to equality proof its decisions as part of its reform package in order that we can look at the social consequences and guard the most vulnerable of our citizens?

The Taoiseach: The Deputy can take it this is an inherent part of the work of good government. That is why we made a decision to reverse the cut in the minimum wage in order to give a level of protection to people at the lower end of the scale. Those who are in vulnerable positions or who need particular attention or provision of levels of service and facilities clearly must be a priority for any Government that has social justice and conscience at its heart. I 286 European Council 22 June 2011. Meeting: Statements would like to think that Government is not just about statistics and numbers. Essentially, it is about people and their lives. The Government must make choices. We do not have the flúirse airgid, about which the Deputy and I have spoken. Therefore, choices must be made and there must be a sense of equity and fair play for people. What went on in this country for very many years was far removed from fair play. We must now rectify that situation and we will.

Deputy Micheál Martin: We need more clarity on the Taoiseach’s reply to the question on social partnership in his Department. The essence of that reply was that the central role the Department of the Taoiseach had in social partnership no longer holds. Yesterday, I asked questions in the House about filling the vacant position of secretary general in the Taoiseach’s Department. I regret to state I got more information about that in The Irish Times this morning, from an article by the newspaper’s political correspondent who was obviously well-briefed by Government sources, that I got from the Taoiseach’s replies in the House. That goes to the very heart of the lack of accountability in this House — the withholding of information and reluctance to reveal what is happening. The reason, of course, is that the Secretary General in question had a key role in the whole social partnership process and its evolution. Has responsibility for social partnership moved, in essence, from the Taoiseach’s Department?

The Taoiseach: I did not see the article the Deputy mentioned but am not sure the writer could have information about positions that are not yet filled. These are responsible positions and although there is a process to be put in place people can comment about any particular process. However, accountability lies in respect of decisions made and that would, of course, apply. In this case, the positions which are not yet filled will be filled. I will be accountable for the completion of that process and for seeing that the best people are appointed to responsible positions in order to deliver hefty programmes, as the Deputy is well aware.

Deputy Micheál Martin: What about social partnership?

Estimates for Public Services 2011: Referral to Select Committee Minister for Health (Deputy James Reilly): I move:

That, notwithstanding Standing Order 159(1) or (2) of the Standing Orders of Dáil Éireann relative to Public Business, Revised Estimates for the Public Services for the year ending 31st December, 2011, be presented to the Dáil and circulated to members on 22nd June, 2011, being a date later than that prescribed for the presentation of Estimates and that the Revised Estimates be referred to Select Committees or sub-Committees, as appropriate, pursuant to Standing Orders 82A(3)(c) and (6)(a) and 159(3) and paragraph (8) of the Orders of Reference of Select Committees.

Question put and agreed to.

European Council Meeting: Statements The Taoiseach: This week’s meeting of the European Council will be particularly busy. There are a significant number of issues on the agenda which are of importance for both Europe and Ireland. The Council will meet tomorrow evening and continue its business into Friday. Our discussion tomorrow will be devoted to economic issues. On the morning of 24 June we will discuss asylum and migration issues. Discussion of foreign policy matters, including Syria, Libya and the Middle East generally, will take place in our final session over lunch. 287 European Council 22 June 2011. Meeting: Statements

[The Taoiseach.]

Finance Ministers dealt extensively with the question of Greece at their meeting on Sunday and Monday and the ball is now firmly in the Greek court. Having won a vote of confidence last night, the Greek Government now needs to secure the support of Parliament for new budgetary measures if the fifth tranche of funding under the Greek programme, amounting to €12 billion, is to be released. The question of a second, longer term package for Greece is to be discussed further by Finance Ministers in July. Although I expect that Heads of State or Government will take stock of this situation, I agree with President Van Rompuy who, when he met with me here in Dublin last Friday, made it clear he does not wish the situation in Greece to dominate the European Council meeting. There are other important matters to be discussed and it is important they be given due time and attention. As the House will be aware, discussion of the situation in Greece has particular significance for Ireland, as another member state in an agreed programme, albeit on a very different basis from Greece. Any agreement on future arrangements for Greece must avoid any negative read- across, or risk of contagion to others, with potentially serious consequences for Ireland. We know from experience that the markets do not differentiate the situations of member states as finely as they should. The Irish people are making great efforts to get our economy back on track. The Government has made clear its commitment to ensuring that Ireland pays its way, honouring the commitments into which it has entered. At the meeting I will work to ensure that Irish interests are fully safe-guarded. I will also continue to emphasise the importance of ensuring that all aspects of a programme support the shared goals of early recovery and return to borrowing on the markets. One element of this is the pricing of loans, and I will continue to press the case for early implementation of the March agreement to lower the interest rate under the EFSF. At that time, it was agreed that a lower rate would better take into account the debt sustainability needs of recipient countries. This analysis remains sound and what has been agreed should be put into effect, including for Ireland. In this regard, I very much welcome the agreement earlier in the week that the permanent EU funding mechanism which will enter into force in 2013 — the European Stability Mechanism — will not apply preferred creditor statements to any loans made to member states currently in a programme under the EFSF. This will assist us in making as early a return to the markets as possible, which has always been our goal. While we do not intend or expect to be a client of the stability mechanism, the mere possibility of having loans subordinated to those under the mechanism was already causing difficulties for Ireland and others, given the uncertainty it created for potential lenders. This uncertainty has now been removed. The Finance Ministers are to be congratulated on this. The change will be reflected in the treaty necessary to establish the European Stability Mechanism. The European Council will sign off on this agreement. In the light of the political requirements of some states, formal signature is expected to take place at a later date. President Van Rompuy has indicated to me that he wishes the economic discussion to be wide-ranging. It will involve the endorsement of the country-specific recommendations proposed by the Commission and adopted by the Council following the submission of national reform programmes and stability programme updates by member states. This is the final step in the new European semester. When the recommendations have been endorsed, member states will be expected to reflect them in their forthcoming budgetary processes. It has been recommended that Ireland should continue to implement the EU-IMF programme as the best means of getting the economy back to growth and recovery and restoring our ability to return to borrowing in the open markets as quickly as possible. More generally, each member state is being asked to give priority to ensuring there is a sound macroeconomic environment. This can be done by restoring financial sustainability, correcting macroeconomic imbalances, repairing the financial sector, reducing unemployment, particularly 288 European Council 22 June 2011. Meeting: Statements through labour market reforms, and making renewed efforts to prioritise growth. There will also be a discussion on the commitments that member states have made under the new Euro Plus Pact. Over 100 measures have been pledged by those participating. Ireland’s commitments are drawn from the EU-IMF programme commitments and the national reform programme. It is expected that the European Council will welcome these commitments as a first step. It is intended that we will return in December to take stock of the progress being made in implementing what has been agreed. The meeting is expected to confirm the appointment of Mario Draghi as President of the European Central Bank. Significant progress has been made in recent years to develop a strong common European policy in the field of asylum and migration. This is an important feature of a European Union which has at its core the right to free movement within its borders. There is little doubt that recent events, including those in the southern Mediterranean, have placed the system under pressure. The brunt of such developments has been particularly felt in a number of member states. For this reason and in a spirit of solidarity, the Minister for Justice and Equality, Deputy Alan Shatter, recently announced the Government’s willingness to receive a small number of refugees from Malta. Consideration has been given for some time to improving the operation of the current Schengen area, but this has now been placed in sharp focus. The European Council will have discussions on issues such as making sure there is trust in the system, ensuring Europe’s borders are effectively and coherently managed, providing for effective and reliable monitoring and the possibility of invoking a safeguard mechanism in response to exceptional circumstances, with due regard to the principle of free movement. I do not necessarily expect this week’s meeting to be able to reach final agreement on these sensitive issues, but I expect it will give added impetus and momentum to the work. As the House will be aware, Ireland does not participate in the Schengen area. However, we share an interest in ensuring there is a consistent and strategic policy to manage mobility in a shared environment. In that context, an important objective must be to address the root causes of migration at a structural level. That is why the European Council will agree to develop a partnership with the countries of the southern neighbourhood, on which the Commission recently brought forward a communication. This could include a structured dialogue with the countries of the region on migration, mobility and security, aimed at delivering tangible benefits to both sides. Accession negotiations with Croatia are reaching a successful conclusion. The European Council is expected to call for them to be formally closed by the end of the month, with a view to the signature of an accession treaty by the end of the year. Ireland has supported the Croa- tian case for membership for a long time. We congratulate the Croatian Government and people on reaching this important milestone. The House will recall that before the second referendum on the Lisbon treaty, Ireland secured legally binding guarantees on taxation policy; family, social and ethical issues; and defence matters. It was agreed at the time that the guarantees would be attached to the treaties by means of a protocol at the time of the next accession treaty. Contacts with the relevant authorities, including the Council legal service, are under way to ensure this work is taken forward as speedily as possible. It will be necessary to give effect to the decision that the Commission will continue to comprise one Commissioner per member state. The European Council will also discuss a number of important international issues, including the situation in Syria and Libya and the Middle East generally. The Minister of State, Deputy Lucinda Creighton, will report on these aspects of the matter when she speaks at the conclusion of the debate. 289 European Council 22 June 2011. Meeting: Statements

Deputy Micheál Martin: Although this week’s meeting of the European Council is the regularly scheduled June meeting, it is nevertheless still a crisis meeting. The Council has spoken at great length about the problems facing the European economy as they have deepened. While it has agreed on the need for comprehensive measures to tackle them, it has consistently failed to follow its words with credible action. The agenda for this summit is short and unambitious. All the major points were agreed at meetings of Finance and Foreign Affairs Ministers. In spite of the sheer range and scale of problems facing member states, the President of the Council announced yesterday that he intended to bring the summit to an end earlier than originally provided for. If one examines the debates held before the last two summit meetings, one will almost be depressed by how little progress has been achieved. The great sense of urgency evident among countries at the start of the year has almost disappeared. Rather than a genuinely inclusive discussion among member states and institutions, we have a more narrow and exclusive debate. It seems policy is being developed through media briefings rather than in face-to-face discussions. The hands-off approach of the Taoiseach and other leaders in the last three months has failed. This summit should be used to say with absolute clarity that delay is no longer an option. If member states want to save the euro, contain the debt crisis and restore credibility to the European Union, they must stop talking and start acting. The first thing they should do is restore to the agenda the issue of the conditions applied to financial support for Ireland and others. The Finance Ministers have failed to handle this issue. It is time for the leaders to take it over. A scheme to provide financial support for member states was agreed to in the first half of last year. Its objective was to help Greece and bring confidence to the market. That did not happen. By the time of the Irish deal in November, it was agreed that changes needed to be made. The Taoiseach and others like to talk about a lousy deal, but they know the truth is that the terms of the deal were fixed and not open to negotiation by anybody. This was recognised by the Minister for Finance, Deputy Michael Noonan, in his opening remarks following the announcement of the deal. He rapidly changed his line when he saw that political gains were to be made by going on the attack. The need for new terms was negotiated in the following months, agreed to in February and formally ratified on 11 March. There was no equivocation. Every member state accepted that, as the communiqué states, terms “should be lowered to better take into account debt sustainability of the recipient countries”. Final details relating to Ireland were postponed and handed to Finance Ministers purely in order that the bank stress test results could be published first. These stress tests turned out exactly as predicted and there was no reasonable basis for further delay. I think even the Taoiseach would now accept that the self-aggrandising hyping of his brief chat with President Sarkozy on the margins of the meeting served no positive purpose.

The Taoiseach: Some countries thought it might make €50 billion.

Deputy Micheál Martin: An exactly similar exchange between the former Taoiseach, Brian Cowen, and President Sarkozy happened at the previous meeting and was not allowed to get in the way of the important agreements reached in February. Grinning about having a so-called Gallic spat and praising one’s own toughness against a colleague might be good for polishing the image at home but it did nothing to help get the deal finalised. It shows an interest in media spin taking precedence over building a relationship, and a number of reports have shown that what annoyed President Sarkozy was not the discussion with the Taoiseach but the hyping of it afterwards. 290 European Council 22 June 2011. Meeting: Statements

The French demand relating to corporation tax is long-standing and it is unachievable. They know it and they will accept it. As matters progress, it appears that this is more likely to be because of the intervention of others worried about how the issue is dragging on rather than because of bilateral contacts. There will be a lower interest rate for Ireland’s borrowings and other terms may also be improved. It will happen because the cost of not agreeing it could be immense for the whole of Europe. The problem for Europe is that it has already agreed that the financing conditions agreed last year are unsustainable. To leave unsustainable financial conditions in place would be a direct signal that the European sovereign debt crisis will get worse. Before the March Council the Government stated that it was seeking changes which would be worth €400 million a year to Ireland. This figure has been halved since then. It is still an important amount which would make a contribution to easing some of the fiscal adjustments planned for the next three years. The four year fiscal plan prepared last autumn and accepted as the basis of funding from the EU and IMF is credible and provides the foundation for restored confidence in the economy. There is much positive feedback internationally for the decision of Fine Gael and Labour to both implement the plan and claim credit for a budget they voted against. The Tánaiste is right to give speeches about what he terms the many fundamental strengths of the economy just as he was wrong to call it banjaxed three months ago. Better terms on the international funding will reinforce the idea that we are on a sustainable path to recovery and show that Europe is willing to resolve the debt crisis. The Taoiseach should use the well-established support for Ireland’s position by the Presidents of both the Commission and Council to force the issue to a conclusion this week. The change to the status of borrowings from the ESM is welcome and it does have potential benefits for Ireland and others. The efforts to which the Government went on Monday to claim credit for it are, once again, short-sighted. It has always been my party’s position that private sector burden sharing in bank debt should be implemented. The late Deputy Brian Lenihan brought legislation through the Oireachtas to enable this. As is well known, others effectively vetoed this owing to fears about knock-on effects. Given the refusal of the Taoiseach, Tánaiste and Minister for Finance to ask US Sec- retary of the Treasury, Timothy Geithner, about his role, there is some doubt as to whether he was an important player in this. What is not in doubt is that the ECB opposed burden sharing and continues to do so. The Taoiseach yesterday confirmed that the Washington announcement by the Minister, Deputy Noonan, concerning burden sharing for Anglo Irish Bank is a continuation of existing policy and will not be raised until the autumn. This raises the question why such efforts were made to push the story last week and why no one thought to brief the main interested parties about it before the Minister did his press events. It appears to have been mainly about manipul- ating domestic coverage of the 100 days anniversary. Certainly, there was and is no strategy actually to achieve something on burden sharing in the near future. Much more detail would need to be provided before we can know whether or not a Vienna Initiative style of debt roll-overs can work for Greece. What is sure is that this is the very least that needs to be tried. Over dinner on Thursday night the Council will, according to the Pres- ident, “take stock of the progress on the various elements of the comprehensive approach agreed upon in March”. As I have said, the approach was agreed but the implementation has been stalled. If the leaders fail to take a comprehensive and generous approach to reaching a conclusion tomorrow evening, the next summit may deal with an even deeper crisis, covering more countries and threatening the existence of the euro. 291 European Council 22 June 2011. Meeting: Statements

[Deputy Micheál Martin.]

Also scheduled to be agreed over dinner is the appointment of Mr. Mario Draghi to be President of the European Central Bank. It is a great pity that we have not worked with other countries to query this appointment and do not appear to have tabled any measures for the reform of a deeply flawed institution. It appears poised to undertake a series of interest rate increases that could destroy weak economies owing to a flawed targeting of commodity-driven inflation. Its failure to give clarity on affordable medium-term funding is making recovery more difficult for a number of banking systems. Its arrogant and unprofessional approach to the media is denying it the stature which is essential for public legitimacy of its broad powers. As a commentator wrote yesterday:

The ECB’s strategy of threatening peripheral banking systems (and the regular coverage this receives in the media) has become one of the destabilising factors that have contributed to worsening the current crisis. It is time for this poorly-thought-out strategy to cease. The ECB’s obligations under the European Treaty mean that it cannot help peripheral countries via keeping interest rates low for the next few years. But it can continue to act as a lender of last resort to the banks in these countries in a way that reassures (rather than worries) financial markets.

Mr. Draghi’s comments to the European Parliament last week were unacceptably dismissive of the statement by the Minister, Deputy Noonan, about burden sharing. His comments about medium-term funding were actively damaging. We should not be nodding through his appointment over dinner without any sense that he appreciates the failings of the ECB and shows that he has a reform agenda. The Council is due to spend a significant period discussing migration policy. The papers published to date have a certain air of unreality about them. They talk about the great achievements of the Union in terms of free movement but fail to mention that these achievements are under threat. The unilateral abrogation of Schengen rules by France and Denmark was a dramatic move. It appears that the French move was justified by the scale of its issues on the Italian border. Ireland’s non-membership of Schengen is an accident of history due to the common travel area with Britain, but it is also no great issue. It is not clear that any great benefits would accrue from membership. What is important, however, is that the Union sorts out a policy which respects its rules and does not allow a situation develop where members can take a selective approach to constitutional obligations. The formal closing of all negotiating chapters with Croatia is welcome and overdue. Croatia was put through considerably tougher negotiations than many previous accession countries. The delay imposed by Slovenia was a disgrace. The Croatian Government took a number of stands that were politically tough but mean that its country has implemented important reforms which have strengthened its economy and society. There is a major problem due to the significant change in public sentiment against the Union, particularly because of measures relating to the Hague tribunal. I hope the Council and member states will acknowledge the role they must play in talking to the Croatian people before their accession referendum. The proposal before the Council to strengthen sanctions against the Syrian regime are welcome and we should support them. It would be a constructive use of the leaders’ time if they would also agree to increase Union support significantly for democracy promotion in the countries experiencing the Arab spring. The elections in Egypt and Tunisia have great potential but also carry great risks. The people of those countries and others have expressed their powerful desire for real democracy. Europe should take the lead in helping ensure they get the free and fair elections they deserve. Europe should also move to put in place support for civil society organisations which are essential for the healthy functioning of the democracies after elections. 292 European Council 22 June 2011. Meeting: Statements

The failure to do this more comprehensively in some post-Soviet countries was a fatal error. I would certainly support the idea of Ireland increasing its allocation to this issue and working in closer co-operation with the Union and other members. This could involve increased levels of joint funding programmes. President Barroso was wrong this week to talk about this being Greece’s moment of truth. This is Europe’s moment of truth. The principle of solidarity between members is under threat. The euro is in danger. The institutions are failing to react credibly and comprehensively. The citizens of Europe are looking for a sign that the millions of jobs they need can be created. This week’s summit has an agenda which is low on ambition and devoid of the sense of urgency which is so badly needed. Vital issues are being left to drift long after the need for action has been agreed. Tough talking and media posturing are of no use. We need a summit with a renewed sense of purpose and we need it to agree measures which will help individual countries to recover, protect the common currency and reinforce the vision of a Europe of shared interests.

Deputy Pádraig Mac Lochlainn: As expected the Greek Parliament passed a vote of confidence in the Greek Government late last night. This should lead to a second bailout but it depends on new, brutal austerity measures getting through the Parliament. Two laws must be passed by 30 June so that procedures will move at the euro group on 3 July. The IMF will then release a fifth loan instalment. If the bailout is agreed it will copper-fasten an overall proposed €120 billion loan on the Greek people. The plan will include a sale of more than €50 billion of Greek assets, equal to one fifth of the country’s annual GDP and €28 billion in cutbacks and tax increases. Was the quid pro quo bailout hammered out this past weekend by Brussels and Washington? As part of the terms of agreement for the next bailout, the IMF and EU insist that Greece pass further new austerity measures. When this is done, the Irish debt crisis will return to the top of the agenda once again, of this there is no doubt. The Government has failed to place Ireland on the agenda at the EU Council meeting this week. It has allowed the unravelling of the Greek situation to bury any serious consideration of the same events that are heading our way. The issues at the council meeting this week include economic policy, migration, Croatia, the inclusion of Roma people, the endorsement of the launch of the Danube strategy, discussions on the new package and issues relating to Libya, Syria and the Middle East. Where are we on this agenda? The European Commission chief, Mr. Barrosso, is back to pressing his influence, publicly stating yesterday that the Greek people must accept there is no alternative and that austerity and privatisation is the only way forward. He stated that the EU and the IMF will not suffer any other programme, that everyone must take responsibility and that the EU is prepared to support Greece if Greece is prepared to follow the terms of the agreement the EU negotiated with the Greek Government. In his typically dogmatic style, he also stated that the prospect of a deal to cut the cost of the Irish bailout was simply not up for discussion at tomorrow’s EU summit. Ireland’s Government accepts the EU premise that permanent austerity for Greece and Ireland is the only game in town. There is no end in sight. Let us consider that reparations demanded of Germany following a World War ended only this year. Is this the type of pun- ishing timeline we face? Most rational and responsible commentary by economists, independent observers and media throughout the globe holds that providing second, third and fourth bailouts to countries in financial crisis cannot cover up the fact that the monetary union is funda- mentally flawed and that weaker states cannot compete with the core. Rather than face up to the situation and begin to think creatively, the Fine Gael and Labour Party Government is determined to pursue and cement the failed economic policies of the previous Government. In its view any attempt to debate alternative proposals amounts to treason. 293 European Council 22 June 2011. Meeting: Statements

[Deputy Pádraig Mac Lochlainn.]

A second, third or fourth bailout will not solve the Greek debt crisis. Further austerity measures will only deepen the crisis. The Greek people know this and this is why they are protesting furiously day after day, demanding that their Government reject the EU bulldozer. They seek a viable alternative. The only other possibility open to them is to exit the euro, return to the Greek currency and restoration of control over their national economy. It is no coincidence that the pressure mounting for more and more bailouts comes from core EU countries, the very countries that facilitated and profited from the excess lending that contributed to these crises in the first place. International observers agree that the faster Greece accepts the inevitability of default, the faster it will return to solvency. Anything else simply prolongs the agony. The Greek people know this and the Irish people know this. Why is the Government hell-bent on walking us into the same situation? As an article in The Guardian newspaper pointed out on Monday:

Europe’s leaders have no plan B. They see no need for it because they are still committed to plan A — the European dream of fraternity and solidarity. This must be defended at all costs, even if it means permanent austerity for Greece, Ireland, Spain, Portugal and any other country that can’t cut the mustard.

Where is the Government’s back up plan for what is waiting around the corner: the great taboo that no one will mention? Will we once again be caught in the headlights, scrambling for solutions and dependent on our so-called betters in Europe to save our skins so that we can save theirs? Is it beyond the wit of Ministers to think, consult and develop their own agenda? Where is the creative and brave alternative? Insanity is defined as repeating the same mistake again and again. Is this the stage we are at now? The Government is sleepwalking the people into a delusional Shangri-La concocted by the troika in the interests of the ECB and the powerful states of Europe. The Government should be honest with the people. There has been enough of the window dressing and the mad chat that Europe is favouring us with loans at extortionate interest rates. Loans must be paid back and a loan is not a gift. Santa Claus has not come to town. The EU and ECB are committing us to crippling debt for decades to come. In assessing the Greek situation last week, The Financial Times pointed out that although proposals such as leaving the euro are considered inconceivable today, such inconceivable proposals may not seem so far fetched five years from now, especially if some of the peripheral economies stagnate or go further into recession. The newspaper stated that:

The eurozone was glued together by the convergence of low real interest rates sustaining growth, the hope that reforms could maintain convergence; and the prospect of eventual fiscal and political union. But now convergence is gone, reform is stalled, while fiscal and political union is a distant dream.

Debt restructuring will happen...But even debt reduction will not be sufficient to restore competitiveness and growth. Yet if this cannot be achieved, the option of exiting the monetary union will become dominant: the benefits of staying in will be lower than the benefits of exiting, however bumpy or disorderly that exit may end up being.

Is our Government considering these questions and observations that are being expressed externally and at home or are we still covering our eyes and ears to what we simply have no wish to hear? What is the Government’s plan B? There is none. It amounts to debt heaped upon debt, more borrowing and digging and deepening of the hole, more of the same and no 294 European Council 22 June 2011. Meeting: Statements alternative in sight. This is exactly what the Green Party and Fianna Fáil Government started in 2009 and now we are right down the same Greek path. Last week, the Minister for Finance stated that the Irish Government is in a strong position to impose losses on bondholders of two failed lenders despite strong doubts that it would permit a move so far beyond solutions being discussed for Greece expressed by the European Central Bank. The revival for the pre-election pledge to go after senior bondholders in Anglo Irish Bank and Irish Nationwide Building Society coincidentally occurred at the same time the Government celebrated 100 days in office. Frankfurt has not changed its resistance to any measures to impose losses on senior bonds and the ECB could not have made this more clear. Unfortunately the Minister’s window dressing of events proved to be little more than a publicity stunt and political manoeuvring. This begs the question: where do the Government’s priorities lie. Is it investing time and energy in saving face or committed to real action that will affect the lives of people throughout the State? Is the Government committed to the EU or the people of this nation? Time has more than run out. What message are we delivering to our European partners at the EU Council this week while we watch the future of our nation being tragically played out in Greece? Our Minister for Finance is negotiating more lending. This used to be termed “fiddling while Rome burned”. Are we completely blind, completely bullied or is it a tragic combination of both? The other issues I wish to raise relate to the discussions on the Middle East. I am sure the Taoiseach will refer to the Arab spring and the campaigns for democracy across the region. In regard to Palestine, this State, through successive Governments, has a long and proud history of defending the Palestinian people’s interests. At various times in our history our Governments have put forward concrete, constructive solutions at international level and engaged directly with the players. I ask the Taoiseach and the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Gilmore, to return to that policy and to be proactive in defending the interests of the Palestinian people. One need only consider the reaction when the United States Pres- ident, Barack Obama, talked about the need for at least a two-state solution, recognition of the Palestinian people and a state based on the 1967 borders, an entirely reasonable proposition which would see the Palestinian people having just 22% of their original lands. That reasonable proposal was ferociously rebutted by the Prime Minister of Israel, Benyamin Netanyahu. It was a disgraceful and outrageous rebuttal in a context where the siege of Gaza continues. Many heroic Irish people are trying to intervene in that siege as part of the peace flotilla seeking to bring much needed resources to the people in the area. I appeal to the Government to up its game and to lead the charge at European Union level, as the Tánaiste said he would do. We must push forward the momentum that is required for a peaceful resolution of the crisis and the recognition of a Palestinian state. In terms of the so-called Arab spring across north Africa and the Middle East, it is important the international community is consistent in how it intervenes across the region. We have had, and rightly so, a United Nations resolution in regard to Libya which seeks, as it was described, to protect the interests of the Libyan people and to protect them from attack by Gadaffi. That initiative is now being turned into a drive for regime change by the French, Americans and British. We cannot have that initiative on one hand while on the other hand we ignore the rights of people in Bahrain, Yemen and, most recently, in Syria. There must be a consistent approach across the region. Wherever people stand up to campaign peacefully for their democratic rights, the international community must step in assertively to defend the right to protest, assist that process and defend human rights. There is great cause for concern in the relationship some agencies in this State seem to have with the Bahraini Government. The Royal College of Surgeons in Ireland, which has a base in Bahrain, refuses to speak out against the actions of the Bahraini Government, including the 295 European Council 22 June 2011. Meeting: Statements

[Deputy Pádraig Mac Lochlainn.] imprisonment of doctors trained and accredited by the RCSI. It is outrageous that the college did not speak out against a situation where doctors were imprisoned for doing their job and following the hippocratic oath. There must be consistency on this issue at European Union level and a message must go out that our interest is only in human rights and democratic rights and not the oil and resource considerations within those states.

An Leas-Cheann Comhairle: I call Deputy Shane Ross. Deputy Ross is sharing time with Deputy Richard Boyd Barrett, by agreement.

Deputy Shane Ross: I welcome the opportunity, before the European Council meeting, to debate this issue. I hope it will mean the Dáil has some input into Government policy as presented by the Taoiseach at the meeting. I echo some of the points made by the last speaker. There is a certain unreality to debates in this House about Europe, the euro and the European economy, especially the issue of default, which is not mentioned very often by name. The problem is that the Government, with its large majority, has, for obvious reasons, set its face against default. Fianna Fáil is also opposed to it. There is no one who would advocate it, but there are people who would say it is inevitable or likely. That puts the Dáil out of step with the markets, out of step with many independent commentators, and out of step with a great deal of international opinion. The markets, which function as a type of forensic judge of what is likely to happen and what independent people consider is likely to happen because they put their money where their mouth is, are signalling that both Greece and Ireland will possibly default. This is not acknowledged in this House often enough. It is imperative, even if we are not going to be told about it openly, that the Department of Finance, the Minister for Finance and the Taoiseach have a plan B in the event of a forced, as opposed to a voluntary, default by this nation. The key to the question of what happens tomorrow is whether we have a European strategy at all. What is needed is an attitude whereby we will go to Europe and say we are putting Ireland first, that our interests are Ireland, Irish interests and Irish taxpayers, not external interests, external money or external investors. We welcome external investors in a certain capacity but they are not the bondholders. We must make that absolutely clear. Ireland is constantly receiving plaudits for being so diligent in paying back the punitive loans negotiated by the last Government. I do not want to hear plaudits from Olli Rehn along the lines of Ireland being good at paying back the money and why can the Greeks not behave like the Irish do. I do not want to hear plaudits from the spokesman for the European Commission who asked again last week, waving his finger at Greece, why that country could not behave like Ireland and pay back its debts. The message in respect of Ireland is that these guys can take their punishment. We should not take this punishment; we should refuse to take it. We should have Olli Rehn and the boys telling us our behaviour is unacceptable, but instead we are the good boys. We should respond by showing our ingratitude to the IMF and Europe and by taking a new, more aggressive strategy which puts Irish taxpayers first. As I said during Leaders’ Questions yesterday, it is no good continuously going to see Christine Lagarde and coming out with absolutely nothing — no return on the interest rate or anything else. Ms Lagarde will be gone to New York within a week and we will have to start again with a new French Minister of Finance. The strategy of courting the French has failed abysmally. The Taoiseach said yesterday that the European Stability Mechanism, ESM, borrowing status has changed and that this will encourage foreign investors to invest more readily because they will not be bottom of the queue. However, the markets did not respond to this development, 296 European Council 22 June 2011. Meeting: Statements which was received as a minor matter. If the effect of the change were as indicated, the markets would have responded with a reduction in the cost of Irish bonds. Nevertheless, I welcome the Minister’s announcement that the bondolders have been burned. I welcome that there was, for a few days, an indication that Ireland was standing up to the ECB. However, let us take a more constructive, more proactive and more aggressive attitude. Let us be proud of what we are doing and give a commitment, first, to have a referendum on the bailout, second, to burn the bondolders and, third, to renegotiate the debt. We should go into the European Council meeting tomorrow with a programme which the members of the Council will fear and respect rather than applaud us for. The equation is that applause from Europe means poverty for the Irish taxpayer.

An Leas-Cheann Comhairle: The Deputy must conclude.

Deputy Richard Boyd Barrett: Will the Taoiseach tell our European counterparts at the European Council meeting that the IMF deal and the demands of the ECB, in its determination that ordinary working people and the vulnerable in our society should pay the gambling debts of bankers, speculators and the super-wealthy, is grossly unfair and is worsening the economic crisis and not improving it? Will the Taoiseach tell our European counterparts their demands mean that parents of children with special needs do not know whether their vulnerable children will have a decent education next autumn and that they are terrified about their children’s future and education because of cuts that are being imposed and demanded by the European Union and the IMF? Will the Taoiseach tell our European counterparts that low-paid workers, who already have been savaged with the universal social charge, are now terrified and that as a result of the EU-IMF demands to dismantle the remaining protections on their pay and conditions, many of them now fear they will be unable to pay their bills or rent or to survive in the coming months? Will the Taoiseach tell our European counterparts that cutting the incomes of low-paid workers and middle income families is crushing demand in our economy? Will he state that despite what he suggested in his speech, this measure is not helping economic recovery but will mean more job losses and further economic depression? Will the Taoiseach tell our European counterparts that their programme is resulting in health cuts that mean that eight accident and emergency units are to be severely cut back and effectively closed and that as a result, people will die while rushing to hospitals that are too distant and which already are overrun with people on trolleys? Will the Taoiseach tell our European Union counterparts that more people will die waiting for vital operations because of the cuts they are imposing on our health service? Will the Taoiseach tell them that as a result of the cuts they are demanding, tens of thousands of families who have been waiting for years on council housing lists have just been told on foot of a Government proposal that they will never get a council house? The Government has instructed that local authorities should now lease properties from developers and NAMA in order that they can pay back the bankers and speculators in Europe. Will the Taoiseach tell our European counterparts that it is grossly unjust to steal our State assets to pay off the gambling debts of bankers and spectators? In other words, will the Taoiseach tell them it simply is not working and it is unfair that working people and the vulnerable should pay for the actions of gamblers and spectators? Will he tell them the people of Ireland cannot understand the reason they are being asked to pay for the greed of the super-wealthy? Will the Taoiseach tell them that most economic commentators, the markets and ordinary citizens simply do not understand the reason both they and the Taoiseach fail to understand an elementary fact of economics that even a child could understand? If one takes money out of the pockets of ordinary people who spend it in shops, businesses and the economy and if one then puts that money into the vaults of French, German and British banks, it will make the economy worse, not better. 297 European Council 22 June 2011. Meeting: Statements

[Deputy Richard Boyd Barrett.]

Will the Taoiseach therefore tell them the Greek people are right to protest? They are right to resist attempts to force them to sell beaches and islands or to close their hospitals. They are right to resist attempts to privatise their public transport system, their health system and so on to pay off bankers and speculators. Will the Taoiseach tell them that ordinary people, such as those parents of children with special needs who were protesting yesterday in defence of those children were right to protest? Moreover, people will come out on the streets in July in what I hope will be a sea of protest on the arrival here of the IMF and EU to tell the Taoiseach what budget he should write and what further pain he should inflict on ordinary people in Ireland. Will the Taoiseach tell our European counterparts that those people are right to protest? Finally, on a separate matter, the Taoiseach should ask our European counterparts to make a public statement appealing to Israel to allow safe passage for Irish citizens and other citizens, who are trying to bring help and solidarity to the besieged people of Gaza who are being crushed by the ruthless oppression that is being visited upon them by the Israeli State.

Deputy Stephen Donnelly: On my 16th birthday 20 years ago, I spoke in Strasbourg at the European Parliament as part of an Irish delegation. I was so nervous that approximately one hour later, my legs collapsed and I found myself staring at the ceiling of a French supermarket. At that time, I was proud to be both an Irish and a European citizen and I am glad to state I still am. At the time, I had great hope for the European project and I still do. There have been 65 years or more of relative peace in Europe and in western Europe in particular. There has been a fantastic advancement of human rights across Europe and, in many cases, into Ireland from Europe. Moreover, there have been great advances in trade and co-operation between the European nations. Consequently, I am proud to be European and I believe the European project to be extraordinarily important. Unfortunately, two recent events have drastically undermined the European project. The first of these is the reprehensible response of Europe to Ireland’s banking situation, as has been referenced repeatedly. The decision to force Irish citizens to pay the debts of private sector investors is economic lunacy and much more importantly, is entirely and grossly immoral. Deputy Boyd Barrett is entirely right; there is a strong link between Ireland being forced to pay private sector debts and the fact that Irish people will die. There will be fewer operations and longer transit times to accident and emergency units and as a result, Irish people will die. This is neither theory nor highfalutin macroeconomics but is what is going to happen. This is what our so-called partners in Europe are forcing us to do to protect their financial institutions and very wealthy friends. This is outrageous and Deputy Ross is correct to state the Taoiseach probably will be lauded for ticking all the boxes of the IMF deal. As the Argentinian economy and society collapsed under the weight of IMF austerity measures some years ago, that country was being held up as the poster child of the IMF because it was doing all the right things. Argentina only began to recover when it told international financial institutions and the IMF to get stuffed and finally took hold of its own destiny. The second issue pertains to the corporation tax rare. An extraordinary situation arose whereby President Sarkozy flew into Dublin and in the French Embassy there, gave his word that were the Irish people to vote again on the Lisbon treaty and to pass it, under no circumstances would Ireland’s corporation tax rate ever be put onto the table. Not only is it on the table but essentially it is being stated the others will continue to profiteer grossly from Ireland’s actions in bailing out their banks, unless Ireland puts its corporation tax rate up for sale. I suggest President Sarkozy explicitly lied to the Irish people and is acting in a deeply dishonourable manner. This should make Members extremely nervous about what appears to be the 298 European Council 22 June 2011. Meeting: Statements

Government’s current plan, which is to survive until 2013 and if more money is then needed, which appears to be extremely likely, to hope our European partners will help us out and there will be some multilateral burden-sharing. However, those to whom we are entrusting that plan have lied to us and are using our current weakness, as a result of helping their economy, to behave in a deeply dishonourable manner. I welcome the opportunity to speak in advance of this meeting and in this context I have two messages for the Taoiseach and the Government. First, Ireland is in the middle of a hostile negotiation and this is not a friendly or a multilateral matter. While I appreciate there are many complex elements to it in respect of international relations and coalition building, this is a hostile negotiation. The ECB and Jean-Claude Trichet are holding a gun to Ireland’s head and have explicitly stated that were Ireland to refuse to pay back their friends in the private sector, they would pull the money from Ireland’s banks and would destroy its economy. These are the people we are meant to trust and to work with. I strongly welcome the announcement by the Minister, Deputy Noonan, that the Anglo Irish Bank and Irish Nation- wide bondholders will be burned. I urge the Government to extend the same principle to the other banks. The Minister’s logic that it is now possible because Anglo Irish Bank is no longer a bank is fine, but the moral argument applies to every senior bondholder of every single bank. It is the moral argument that needs to win out in the end. The second opportunity I suggest to the Government is the opportunity to change the conversation in Europe. From all my interaction with European economists, journalists and citizens, I note they are all saying the same thing, which is that they in Europe are bailing out Ireland, that Ireland has acted irresponsibly, that Europe is helping us but we are acting 1o’clock like spoiled children. The message that needs to get through to them is that Europe is not bailing us out, rather we are bailing out Europe. The Irish people are being forced to pay €100 billion of debts that are not and were never theirs in order to bail out Europe’s irresponsible banks. Every single European person to whom I have spoken and to whom I have explained the situation has agreed that I am right. I have now begun to hear our own media challenging the foreign powers. I urge the Government to bring this message to Europe and to say that we are bailing out Europe and, as such, Europe must engage in burden sharing. The debt is €100 billion and if this can be split into the Irish people paying €25 billion, the bondholders paying €25 billion and our European partners paying €50 billion, our national debt will come down significantly, we will be back in the markets tomorrow and we will be back in control of our own destiny.

Minister of State at the Department of Foreign Affairs and Trade (Deputy Lucinda Creighton): I have much to respond to in my time of five minutes. I will begin by addressing some of the points and remarks of the Deputies opposite, whom I thank for participating in the debate. I also thank the Deputies on this side who have sat through the debate, even though there has not been an opportunity for them to contribute. It is to be hoped this can be arranged next time. Deputy Donnelly said our so-called EU partners are simply protecting their banking institutions and this is one way of looking at it. However, such a view demonstrates a lack of understanding of the situation in the member states and the motivation for much of the lack of understanding of our position and, indeed, the position of other member states in a similar situation. If one considers which European prime ministers or Heads of Government have been calling for so-called burden sharing or burning of bondholders — two phrases I really loathe — the first person who comes to mind is Chancellor Merkel. I have heard Deputy Donnelly and others refer to the fact that the German Government is simply protecting the interests of German banks. This is not an accurate point because the 299 European Council 22 June 2011. Meeting: Statements

[Deputy Lucinda Creighton.] reality is that domestic forces are at play. One could criticise the understanding of German taxpayers with regard to the eurozone crisis but there is no doubt that the German leaders are currently responding, rightly or wrongly, to the deep concerns of German taxpayers who are afraid that the burden which is being shouldered by the Irish, the Greeks, the Portuguese and, potentially, by others will ultimately end up being their burden. Whether we agree or not, one has at least to understand the viewpoint of the German taxpayers if one wishes to arrive at a solution. In my view, there is a lack of understanding in much of the commentary in this country, in particular in much of the debate in this House. Deputy Micheál Martin said since January there has been a lack of progress across the eurozone. This is an extraordinary comment when one bears in mind that just last March, a whole range of measures were agreed. These are significant measures which I argue should have been in place since the Maastricht treaty. These include measures such as economic governance and the euro plus pact, for example. I refer to some of the essential elements of the agreement on economic governance, such as surveillance of budgetary positions, surveillance and co-ordination of economic policies, a speeding up and clarification of the implementation of the excessive deficit procedure, requirements for budgetary frameworks, the critical prevention and correction of macroeconomic imbalances, enforcement measures to correct excessive macroeconomic imbalances in the euro area and, critically, the enforcement of budgetary surveillance in the euro area. These are significant steps that have been taken since this Government took office. It is disingenuous and quite a shift in viewpoint for Deputy Martin, who was such a strong proponent of closer economic co-operation on these matters just some months ago, to dismiss it now as insignificant or to say that nothing has happened in the eurozone or across the member states since January. This is simply not true; it is factually incorrect. These developments with respect to economic governance, commitments on competitiveness and moving the European economy forward are probably the most significant steps that have been taken in the eurozone since it was established. I refer to some of Deputy Mac Lochlainn’s points. It is all very well and all very simplistic and populist to say that austerity measures and cuts will not solve our problems. However, I must pose a question I have asked of Deputy Boyd Barrett in the past. Ireland needs to have in place a programme of funding to keep this State ticking over. Deputy Boyd Barrett alluded to working people and Deputy Joe Higgins also frequently refers to working people. However, what about the people who are not working, the 450,000 or so people who are on the live register? If we turn our backs on this programme next week, who does Deputy Boyd Barrett propose will pay the dole payments which those people will be expecting to collect next week? Who does he expect will pay the pensions?

Deputy Pádraig Mac Lochlainn: That is not the point. It is a straw man argument.

Deputy Lucinda Creighton: Who does he expect will be in a position to pay for all the various benefits paid to hundreds of thousands of people in this State, such as carers, pensioners, people in receipt of disability benefit, the blind, whose pensions were cut by the previous Government, and so on? The country will be bankrupt and we will not be in a position to pay these benefits. We need a bit of reality in this debate. It is all very well to rail against the programme but if the Deputies opposite do not have a solution to how the State can fund itself subsequently, then it is pretty irresponsible I am afraid.

An Leas-Cheann Comhairle: I ask the Minister of State to conclude.

Deputy Micheál Martin: Their language and the Minister of State’s language is indistinguish- able when she is over there. 300 Finance (No. 3) Bill 22 June 2011. 2011: Second Stage

Deputy Lucinda Creighton: I regret I do not have time to address some of the other issues.

Finance (No. 3) Bill 2011: Order for Second Stage

Bill entitled an Act to amend and extend the Taxes Consolidation Act 1997, the Stamp Duties Consolidation Act 1999, the Capital Acquisitions Tax Consolidation Act 2003 and the Value-Added Tax Consolidation Act 2010 in relation to the taxation of civil partners and cohabitants as a consequence of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and to provide for connected matters. Minister for Finance (Deputy Michael Noonan): I move: “That Second Stage be taken now.”

Question put and agreed to.

Finance (No. 3) Bill 2011: Second Stage Minister for Finance (Deputy Michael Noonan): I move: “That the Bill be now read a Second Time.” The purpose of this Finance Bill is to provide for the necessary changes to the existing tax legislation as a consequence of the enactment of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or for shorthand, the civil partnership Act. Simply put, this Finance Bill recognises in law the new status of civil partnerships for tax purposes. The Bill sets out the various rights, entitlements and obligations that will apply to the taxation treatment of civil partners and cohabitants. Therefore, it should be seen as implementing changes in the tax area that are a natural consequence of the introduction of the civil partnership legislation. The civil partnership Act of 2010 created for the first time in Irish law a scheme under which a same-sex couple could formally declare their allegiance to each other, register their partnership and commit themselves to a range of duties and responsibilities. At the same time they would be subject to a series of protections in the course of their partnership in the event of a failure of either party to maintain the other in the event of disputes between them as to the ownership of property. That Act also gave recognition to long-term same-sex or opposite-sex relationships where those relationships ended. The redress scheme established in that Act provided protection in law to long-term cohabiting couples and a safety net for an economically dependent cohabitant at the end of the relationship on break-up or death. The civil partnership Act received all-party support in the House and was rightly hailed as one of the most important pieces of social legislation of the last decade. The programme for Government committed the Government to enact the required legislation to amend tax law in this area. I now present this important Bill to the House as a single issue Finance (No. 3) Bill 2011. It implements changes that cover a number of areas in the tax system and it is of special importance to those people covered by it. The Bill will allow for registered civil partners to receive the same tax treatment as married couples in respect of income tax, stamp duty, capital acquisitions tax, capital gains tax and VAT. For example, in regard to income tax it will allow civil partners to avail of the tax bands and tax credits which are available to married couples. It also provides for similar capital taxes and stamp duty reliefs on the transfer of property by gift or inheritance. For example, transfers of property between civil partners will now qualify for the same exemption from stamp duty as is given to married couples. 301 Finance (No. 3) Bill 22 June 2011. 2011: Second Stage

[Deputy Michael Noonan.]

In the civil partnership Act the Oireachtas also legislated for a redress scheme for cohabiting couples who choose not to get married or register a civil partnership. The redress scheme provided protection in law for long-term cohabiting couples and provided safeguards for an economically dependent cohabitant where a relationship ended or on death. The Bill now provides for the tax changes consequent on the redress scheme. For example, where one of the former cohabitants is granted redress by the courts through the transfer of property the changes in the Bill mean that this transaction will not now be liable to stamp duty. It will also mean the donor of the property will not have a capital gains tax liability on the transfer of that property. Previously, the former cohabiting couple would have been deemed as unconnected and subject to full capital acquisitions tax, stamp duty and capital gains tax. The Bill also provides for income tax relief for maintenance payments made to a financially dependant former cohabitant as ordered by the courts on the ending of a long-term cohabiting relationship. It is important to note that this Bill does not give opposite-sex or same-sex cohabiting couples the same tax treatment as married couples or civil partners. It only legislates for the tax consequences of the redress aspects for cohabitants covered in the civil partnership Act. In general, the changes under this Bill will be effective for the year of assessment for 2011 and subsequent years. Inheritance, gift tax and stamp duty reliefs will apply as and from 1 January 2011. For example, if a civil partnership was registered in April 2011 the couple will be considered for civil partnership income tax treatment from the date of the registration of the civil partnership and not from the date of the enactment of this Bill. This is in line with the position of people getting married. In the case of inheritance, gift tax or stamp duty reliefs for a civil partnership that was registered in April 2011, for example, the entire annual relief will apply and not just an apportionment from the date of the civil partnership or from the enactment of the Bill. Deputies can see that this is a short Bill with most of the detail set out in the schedules. It comprises just five sections and four schedules. Sections 1 to 4, inclusive, have related schedules which deal with the various aspects of the tax code applicable. Hence, section 1 deals with income tax and capital gains tax, section 2 deals with stamp duty, section 3 deals with capital acquisitions tax and section 4 with VAT. I will now deal with these in more detail. Section 1 and the related schedule 1 deal primarily with the income tax treatment of civil partners and the various assessment options available to them. These options are joint assessment, separate assessment or separate treatment. In the absence of an election to the contrary, a couple is deemed to have elected for joint assessment. Under joint assessment, one civil partner is chargeable to tax, not alone on his or her own total income but also on the total income of the other civil partner. The civil partner who is chargeable to tax on the income of both individuals is known as the nominated civil partner. Under separate assessment, each civil partner is assessed on his or her own income with allowances and reliefs divided between the civil partners. Separate assessment is also known as separate assessment within joint assessment, as one civil partner’s unused allowances, reliefs and rate bands may be transferred to the other civil partner. Under separate treatment, each civil partner is treated for tax purposes as if he or she continued to be single. The section also deals with maintenance payments for civil partners living apart, for the adaptation of certain provisions to allow for the joint assessment of civil partners living apart or whose partnership has been dissolved or annulled. 302 Finance (No. 3) Bill 22 June 2011. 2011: Second Stage

Also addressed in Section 1 is the assessment of civil partners for capital gains tax purposes. It sets out the method of joint assessment, makes provision for applications for separate assessment and provides rules for the transfer between partners of unutilised capital losses. These provisions follow the practices and entitlements for married couples. Finally, the section deals with the income tax treatment of a cohabitant in respect of maintenance payments from a former partner where the relationship has ended. In such cases the person paying the maintenance will get income tax relief in respect of the payment. The person receiving the payment will, in turn, be liable to income tax in respect of the payment. This mirrors in some respects the income tax treatment of married couples and civil partners. The section also sets out rules regarding the transfer of assets between persons where the cohabiting relationship has ended. Section 2 and its related schedule 2 give effect to the changes necessary to the Stamp Duties Consolidation Act 1999. In future, transfers of property between civil partners will be free of stamp duty in the same way as a transfer between a married couple. The section also inserts a new section into the Stamp Duties Consolidation Act 1999 to provide that stamp duty shall not be chargeable on an instrument executed after 1 January 2011 where property is being transferred on foot of a property adjustment order made following the breakdown of a cohabiting relationship under section 174 of the civil partnership Act 2010. Section 3 and its related schedule 3 give effect to the changes necessary to the Capital Acquisitions Tax Consolidation Act 2003 which will mean that the same capital acquisitions tax reliefs and thresholds available to married couples will now also be available to civil partners. Likewise, children of a civil partner, including children of the other civil partner, will be entitled to the same capital acquisitions tax thresholds as children of married couples. The section also provides for an exemption from gift and inheritance tax in respect of a court order made under section 175 of the civil partnership Act when a cohabiting relationship ends. As a result an asset transferred on the cessation of a relationship, where ordered by the courts, will not attract a tax charge for the person making the transfer. Section 4 and its related schedule 4 give effect to a single change necessary to the Value- Added Tax Consolidation Act 2010. The change relates to the option to tax letting of immov- able goods, by extending the definition of “connected persons” to include the civil partner of an individual and the civil partner of a relative of the individual or his or her civil partner. Section 5 contains provisions relating to Short Title, construction and commencement of the Bill and is self-explanatory. I thank officials in the Revenue Commissioners and the office of the Attorney General who have put an enormous amount of effort into drafting this Bill. I know the civil partnership Act had all-party support at the time it was debated in the Oireachtas and I hope that all Deputies can now fully support this Bill which deals with the taxation aspects of the civil partnership Act and that the tax affairs of the persons covered by the Act can be established on a new footing. I commend this Bill to the House.

Deputy Michael McGrath: I wish to share time with Deputy Dara Calleary.

An Leas-Cheann Comhairle: Is that agreed? Agreed.

Deputy Michael McGrath: I welcome the opportunity to make a contribution to the Second Stage debate on the Bill and thank the Minister for his contribution and summary. It follows through on the commitments made last year by the previous Government and essentially enacts the taxation elements of the civil partnership Act which received all-party approval in the Dáil and Seanad last year. The purpose of this Bill is to introduce changes required to the Taxes 303 Finance (No. 3) Bill 22 June 2011. 2011: Second Stage

[Deputy Michael McGrath.] Consolidation Act 1997 as a consequence of the passing by the Oireachtas of the Civil Partner- ship and Certain Rights and Obligations of Cohabitants Act 2010, the passage of which was a truly landmark decision of the Oireachtas, acting on behalf of the people. The commitment in respect of civil partnership was set out in Fianna Fáil’s pre-election manifesto and the agreed programme for Government in 2007. Under the Act, for the first time in Irish law, gay and lesbian relationships have been given official recognition. Such relationships, when registered, enjoy legal recognition and protection. People in committed homosexual relationships who wish to share duties and responsibilities have the choice to register their partnership and become part of a legal regime that fully protects them in the course of that partnership and, if necessary, on its termination. These duties and responsibilities include pension rights, succession rights, maintenance obligations and protection in the event of domestic violence. The new law recognises and supports the clear diversity in society today. It affords certainty of status and security to civil partners. In a modern society like ours it would be unacceptable to continue to ignore the reality of same sex relationships. It was time that that major gap in the law was addressed. The former justice Minister, Mr. Dermot Ahern, oversaw the passage of the law last year. He said at the time the law “takes nothing from anyone, but what it gives is profound and is positive.” He also said its passage showed how Irish society had changed for the better and that it epitomised our Christian and pluralist society. For many years Fianna Fáil has been to the fore in redressing the obvious legal discrimination against same sex couples. The Prohibition of Incitement to Hatred Act 1989 banned incitement to hatred of a person or group of people on a range of grounds, including sexual orientation. The Act was steered through the Oireachtas by the then Fianna Fáil justice Minister, Mr. Gerard Collins. In 1993, when Fianna Fáil was in government, the then Minister, Mrs. Máire Geoghegan-Quinn, brought forward the Criminal Law (Sexual Offences) Act that finally brought to an end the unfair criminalisation of homosexual practices. The Employment Equality Act 1998 and the Equal Status Act 2004 made it an offence to discriminate against people in employment or the provision of goods and services on a range of grounds, again including sexual orientation. Through these legislative measures the State has clearly shown that people as individuals are entitled to receive fair and equal treatment before the law, regardless of their sexual orientation. Fianna Fáil will continue to build on the progress made by the guidelines for school principals produced jointly by the Department of Education and Skills and GLEN, Gay Lesbian and Equality Network. The guidelines support lesbian and gay students and assist those who work with them in schools and colleges. We will also support raising awareness in national economic policies that support equality and diversity and the role played by them in attracting tourists and business to Ireland. Deputy Dara Calleary will expand on this theme later in the debate. The Bill before the House provides for the same taxation treatment for civil partners in a registered partnership currently available to married couples in the areas of income tax, stamp duty, capital acquisitions tax, capital gains tax and VAT. It also provides that a child whose parent is in a civil partnership will be treated the same for taxation purposes as a child of a married couple. This means, for example, that children of civil partners will be treated the same for inheritance tax as children of a married couple. According to the Revenue Commis- sioners — the Minister has confirmed this today — the tax changes will apply for the full 2011 tax year and, in effect, be applied retrospectively for the earlier part of the year. This welcome initiative will be of benefit to many. The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 was commenced in January. As a result, same sex couples who got married or registered their partner- 304 Finance (No. 3) Bill 22 June 2011. 2011: Second Stage ship abroad are now fully recognised as civil partners in Ireland. The first public civil partnership ceremonies were held in Ireland on 5 April and received widespread media attention. As GLEN has stated, the Bill before the House is a critically important advance for civil partners. It provides important certainty and security for the many same sex couples who have registered, or are planning to register, their civil partnerships. It also introduces changes to allow a redress scheme for opposite sex and same sex cohabiting couples and gives protection to a financially dependent person at the end of a long-term cohabiting relationship. In essence, a dependent cohabitant can apply for financial relief if the relationship breaks down. Qualified cohabitants can apply to a court for maintenance, property or pension orders if they can prove they are financially dependent on their former partner. To be deemed a qualifying cohabitant, the couple must have lived together for at least five years or two years if they have children. An equally important aspect of the Bill and last year’s legislation is that, for the first time, recognition is granted to the many thousands of relationships in our society involving unmarried heterosexual couples. There have been cases where people have been in a long-term, committed relationship which has broken down for one reason or another. One person in such a relationship may have made great sacrifices to raise children and look after the home, yet when such a relationship ends, he or she may find he or she has no protection whatsoever in the eyes of the law. As far as the State was concerned, there was never a relationship. That major anomaly had to be addressed. The legislation passed last year provides for some redress in certain circumstances and represents a welcome breakthrough. It has come as a relief to many who are currently or potentially could be affected by these circumstances. Under the Act, a qualified cohabitant may apply for maintenance orders, property adjustment orders, pension adjustment orders and related orders such as attachment of earnings orders. They may also apply for provision to be made from the estate of a deceased cohabitant. Such a person would not have an automatic right to obtain such orders, but a court may make such an order if it is satisfied that the person was financially dependent on his or her cohabitant partner. In taking a decision in that regard, the court has to take a number of factors into account, including the financial circumstances, needs and obligations of each cohabitant, in addition to the rights of others, including spouses, former spouses, civil partners, former civil partners and dependent children of either partner, the duration and nature of the relationship, and the contribution made by each, financially and otherwise, during the tenure of their relationship. Such orders may not affect the rights of spouses or former partners. That was a major breakthrough. The Minister has made it clear that the same taxation treatment does not apply to cohabitating persons, which is fair enough because in the overwhelming majority of cases they do have the option of marriage. There are some cases where that is not possible. However, in the majority of cases it is an option for them, whereas for same sex couples, until last year, there was no such option to have their relationship recognised before the law. As I noted, cohabitants do not have the same tax rights as married couples and civil partners. Therefore, with regard to income tax, for example, cohabitants will continue to be taxed as single people and unused credits and standard rate bands cannot be transferred between cohabitants. One can argue that is fair enough because in the majority of cases they have the option of marriage, whereas a same sex couple does not have that option. Until last year there was no option available to have such a relationship recognised by the State. The Law Reform Commission has suggested qualified cohabitants could be classed differently for capital acquisitions tax purposes. In the event that one partner wishes to transfer an asset to the other, under the existing law, effectively they will be treated as strangers. 305 Priority 22 June 2011. Questions

Debate adjourned.

Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.

Ceisteanna — Questions (Resumed)

Priority Questions

————

Arts Funding 12. Deputy Robert Troy asked the Minister for Arts; Heritage and the Gaeltacht his plans regarding the Irish National Opera Company in view of the company’s recent collapse. [16749/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): In March 2010, the Minister appointed an interim board for Irish National Opera. The task of the interim board was to examine the legal financial, artistic, staffing and institutional structures necessary to set up an Irish national opera company. In the event, Irish National Opera company was not incorporated so the question of a collapse, as referred to by the Deputy, does not arise. The interim board contained a very significant gathering of expertise in the area of opera, including the chairman, Mr. Ray Bates, former director of the National Lottery; Ms Virginia Kerr, an internationally renowned soprano and chair of the Opera Theatre Company; Mr. Thomas Lynch, chair of Opera Ireland; and Sir Brian McMaster, chairman of the National Opera Studio in the UK and former managing director of the Welsh National Opera. The interim board also sought the advice of international opera experts on the necessary funding required for an Irish national opera company. These opera experts, following a thorough examination of all aspects, concluded that an Irish national opera company would require a minimum annual State contribution of €4.5 million in a full year of production if it were to be successful. This compared to a total of €2.2 million paid in 2010 to Opera Ireland and the Opera Theatre Company. The opera experts further advised that the project should not proceed if this level of funding was not forthcoming. It is possible that at another juncture this project would have proceeded but, given the current budgetary climate, it was not possible to increase opera provision by this level. New proposals such as an Irish national opera company should be carefully analysed before taking action. The interim board of Irish National Opera, over the past year, carefully considered and analysed the situation, consulting with the relevant parties and with the best available expertise. This meant that the advice available to the interim board commanded due consideration and could not be easily set aside. When I assumed the role of Minister for Arts, Heritage and the Gaeltacht, I examined the available advice and I considered that the best option was the resumption of the arrangement whereby the Arts Council would assume the entire responsibility for all opera policy provision and implementation into the future. I communicated that to the chair and director of the Arts Council last month. As part of the overall provision for opera, the council may consider it appropriate to draw on the expertise and information which was developed under the auspices of the interim board. Future funding is a matter statutorily for the council. 306 Priority 22 June 2011. Questions

I take this opportunity to express my gratitude to the chairman and members of the interim board for their work and commitment over the past year. The members received no payment for their work on the interim board.

Deputy Robert Troy: It is a tragedy that we find ourselves in this position. The new Govern- ment has continually emphasised the importance of cultural tourism but now top quality opera will be unable to be produced in our capital city. Figures suggest that cultural tourists spend seven times more than ordinary tourists. Given the reduction in funding to the Arts Council in recent years, has the Minister received an assessment yet from the council on the financing of opera up to 2013? If he has, he might explain how it intends to finance opera and, if he has not, when does he expect to receive it? What is the Minister’s view on the development of opera in Ireland in the future? Does he intend to honour the outstanding debts of Opera Ireland guaranteed by his predecessor?

Deputy Jimmy Deenihan: During the past five years the taxpayer has spent €50 million on opera here, which is probably more than has been spent on any other genre of music and the arts. The Grand Canal Theatre is currently putting on the opera, “Rigoletto” and the Opera Theatre Company is continuing with its programme so the country is not devoid of opera. This year the Wexford Festival Opera will increase its number of days to 16, which will be an expansive programme. In 2011 the taxpayer or the Government will contribute more than €1.7 million to the Wexford Festival Opera, which is a considerable sum of money given that the Government already spent €30 million on providing a state of the art opera house of international standard. The Arts Council always had responsibility for the promotion of opera. It has a budget of €2.2 million this year for opera development, promotion and support. I will encourage it to support opera as much as possible in the future. As the Deputy mentioned, there were problems with Opera Ireland which received a large sum of funding over the years. It received €1.6 million in 2010. There were problems internally in the company and the Arts Council had to help to bail it out. Overall I am confident that opera will be supported here, that the Arts Council will examine ways and means of promoting opera and making it available to a broader audience not only in the capital city but throughout the country. That can be done in the future. I advise the Arts Council to consider the Shannon report, which saw Wexford Festival Opera play a major role in the promotion of opera here. Some good proposals were made prior to the Minister deciding we would have a national opera company. The Minister set up an interim board but the Minister who succeeded the former Minister, Mr. Martin Cullen, decided not to provide any funding. Therefore, I had no other option but to hand back responsibility to the Arts Council.

Údarás na Gaeltachta 13. D’fhiafraigh Peadar Tóibín den an Aire Ealaíon, Oidhreachta agus Gaeltachta nach ngla- cann an tAire leis nach bhfuil sé daonlathach deireadh a chuir leis an toghchán chun baill a thoghadh chuig Bord Údarás na Gaeltachta [16834/11]

15. D’fhiafraigh Robert Troy den an Aire Ealaíon, Oidhreachta agus Gaeltachta cénfáth a roghnaíodh nach mbeidh toghchán i measc an phobail sa Ghaeltacht amach anseo do Bhord Údarás na Gaeltachta; agus an ndéanfaidh sé ráiteas ina thaobh. [16750/11] 307 Priority 22 June 2011. Questions

Acting Chairman (Deputy Peter Mathews): I advise that Question No. 15 appears incorrectly on the questions Order Paper in the name of Deputy Robert Troy, it should appear in the name of Deputy Michael Kitt. It is therefore in order for Deputy Kitt to put supplementary questions to the Minister of State.

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Dinny McGinley): Tógfaidh mé Ceisteanna Uimh. 13 agus 15 le chéile. Faoi réir na reachtaíochta atá i bhfeidhm faoi láthair, ní móranchéad toghchán eile d’Údarás na Gaeltachta a reáchtáil faoi Dheireadh Fómhair 2012 chun 17 mball a thoghadh go daonlathach. Ag cruinniú Rialtais ar an 31 Bealtaine 2011, thóg an Rialtas roinnt cinntí sonracha maidir le struchtúr agus feidhmeanna Údarás na Gaeltachta sa todhchaí. Mar cheann de na cinntí sin, tá sé socraithe go ndéanfar foráil sa Bhille Gaeltachta nua a bheidh á thionscnamh, chun deireadh a chur leis an riachtanas do thoghcháin d’Údarás na Gaeltachta feasta. Agus an cinneadh polasaí seo á thógáil, bhí aird ag an Rialtas ar chúinsíéagsúla, ina measc: líon mór na gcomhaltaí ar an mBord faoi láthair; an gá chun fócas níos géire a thabhairt do bhoird Stáit i gcoitinne; agus an costas mór a bhaineann le toghchánaréachtáil do líon teoranta iomai- theoirí. Sa chomhthéacs seo, ní miste a lua gur bhain costas de bheagnach €400,000 le toghchán Údarás na Gaeltachta a reachtáil in 2005. Ar ndóigh, feictear don Rialtas go bhfuil sé tábhachtach nach gcaillfear an ghné dhaonlathach mar thoradh ar na hathruithe atá beartaithe ar Bhord an údaráis. Dá bhrí sin, tá sé i gceist go dtiocfar ar mheicníocht faoin mBille Gaeltachta le gur féidir comhaltaíóúdaráis áitiúla a bhfuil limistéir Ghaeltachta faoina gcúram a ainmniú ar bhord an údaráis. I dteannta leis sin, meastar go mbeidh comhaltaí eile le hainmniú ag an Aire, mar thoradh, inter alia, ar shaineolas ar leith a bheith acu i réimsí gnímh an údaráis. Ní aontaím, dá bhrí sin, nach mbeidh daonlathas bainteach le bord an údaráis nuair a bheidh an struchtúr nua seo curtha i bhfeidhm.

Deputy Peadar Tóibín: Oibríonn eagraíochtai i bhfad níos fearr nuair a bhíonn sprioc, no cuspóir, chúng acu. Mar shampla, déanann TG4 job níos fearr don Ghaeilge ná maradhéanann RTE. Déanann Údarás na Gaeltachta job níos fearr chun fostaíocht a mhealladh isteach go dtí an Ghaeltachta ná aon eagraíocht eile. Is é mo thuairim go ndéanfaidh an t-easpa daonlathais dochar don job atá le déanamh ag an údarás. Ar dtús, ní bheidh an t-údarás chomh freagrach do mhuintir na Gaeltachta as seo amach. I gContae na Gaillimhe, mar shampla, ní thagann ach triúr chomhairleoir chontae ón nGaeltacht agus ní bheidh an brú céanna orthu-san maidir le fadhbanna na Gaeltachta. Chomh maith leis sin, tá móramh ag Fine Gael i gcúig cinn des na sé ceantair Gaeltachta. Beidh Fine Gael i gceannas ar an údarás i ngach áit. An mbeidh comh- airleoirí Fhine Gael sásta seasamh suas ar son mhuintir na Gaeltachta in gcoinne na gearrtha siar nó an mbeidh siad sásta glacadh le polasaí Fhine Gael agus an Rialtais? Is droch rud uafásach é an daonlathas a bhaint den údarás. Beidh Comhairlí Chontaetha gan aon Ghaeilge, le comhairleoirí a toghadh i gceantair nach ceantair Gaeltachta iad, ag déanamh polasaíÚdarás na Gaeltachta as seo amach.

Deputy Dinny McGinley: Aontaím leis an méidabhí le rá ag an Teachta mar gheall ar an sár-obair atá déanta ag Údarás na Gaeltachta ó bunaíodh é beagnach 30 bliain ó shin. Tá breis agus 7,000 duine fostaithe ins an Ghaeltacht ag comhlachtaí a fuair tacaíocht agus cuidiú agus cabhar óÚdarás na Gaeltachta. Nuair a tháinig mé isteach ins an phost seo is cinnte go raibh comhartha ceiste mór ann maidir le todhchaíÚdarás na Gaeltachta. Chonaic muid an titim tubaisteach a bhí ar chaiteachas chaipitil do Údarás na Gaeltachta ó €27 milliún 2008 go dtí €6 milliún i mbliana. Bhí daoine ins an údarás, agus muintir na Gaeltachta, ag ceistiú an mbéadh údarás ann. Tááthas ormsa a rá anois go bhfuil sé cinntithe ag an Rialtas go mbeidh Údarás 308 Priority 22 June 2011. Questions na Gaeltacht ann, go mbeidh feidhmeannas tionsclaíochta ag Údarás na Gaeltachta agus go gcoinneodh sé an status quo ins an am atá amach romhainn. Maidir le ballraíocht an údaráis, is cinnte go mbeimid ag laghdú ballraíocht an údaráis, de réir chinneadh an Rialtais, ó 20 ball, mar atá iláthair na huaire, go dtí,b’fhéidir, 10 mball nó, ar a mhéid, 12 ball. Mar shampla, nuair a thosaigh an t-údarásardtús, ó 1969 go dtí 1980, 13 bhall a bhí air. Bhí seachtar tofa ag pobal na Gaeltachta agus seisear ainmnithe ag an Aire, agus an cathaoirleach ina measc sin. Mar atá cúrsaí eacnamaíochta i láthair na huaire, caithfimid scrúdú adhéanamh ar gach euro athéann isteach i ngach Roinn. Caithfimid gan dearmad a dhéanamh de sin. Tá sé glactha ag an Rialtas anois, in ionad toghchán a bheith ann go gcuirfear meicníocht ar fáil sa dóigh go mbeidh na húdaráis áitiúla — agus b’fhéidir dreamanna eile —ábalta daoine a ainmniú ar an údarás. Bhéinnse go mór i bhfábhar go mbéadh na daoine a ainmnítear as ceantair Gaeltachta agus go mbéadh an Ghaeilge ar a dtoil acu chomh maith. Bheidh an líon laghdaithe ó 20 go dtí 13. Sábhalfaidh sé sin airgead mór in aghaidh na bliana. Meastar go sábhalfadh sé €165,000 sa bhliain ná mar a chosnaíonn sé anois. Táimid ag caint ar an-chuid airgid. Seo an cinneadh a bhí le déanamh. Tá an t-airgead gann agus caithfimid an luach is fearr a fháil ar an airgead. Ba bhreá liomsa, dá mbéadh an t-airgead ar fáil le caitheamh ar thionscail sa Ghaeltacht in ionad toghchándíreach agus costais boird.

Deputy Peadar Tóibín: An bhféadfainn teacht ar ais le pointe bheag?

Acting Chairman (Deputy Peter Mathews): Go han-bheag.

Deputy Peadar Tóibín: Dúirt an t-Aire Stáit go raibh €6 mhilliúnagÚdáras na Gaeltachta i mbliana. Níladhóthain ansin chun an líon fostaíochta a choimeád sa Ghaeltacht. Dar le muintir na Gaeltachta, caithfear €12 mhilliún a chaitheamh chun an líon a choimeád mar atá sé.An bhfuil an Rialtas chun níos mó airgid a chur isteach san údarás?

Deputy Michael P. Kitt: Tá ballraíocht bhord an údaráis le laghdú. Beidh an chuid is mó des na baill sin ceaptha tré na comhairlí contaetha a bhfuil limistéir Gaeltachta iontu. An bhfuil sé i gceist ag an Aire Stáit an ceangal idir an t-údarás agus an phobal a bhriseadh?

Deputy Dinny McGinley: Ní aontaím ar chor ar bith nach mbeidh ceangal idir an pobal agus an údarás. Tá ceangal an-láidir idir an pobal agus na coistí gairmoideachais ins an tír. Bhí ceangal an-láidir idir an pobal agus na bóird sláinte a bhí ann ar fud na tíre. Na daoine a bhí ag gníomhú ar na coistí gairmoideachais agus ar na boird sláinte, ainmníodh an mórchuid acu ag na rialtais aitiúla. Beidh ceangal ansin, gan dabht. Sin an fáth go bhfuilimid ag teacht aníos le seift den chineál seo, le cinntiú go mbeidh an daonlathas ins an údarás. B’fhéidir nach bhfuil sé ann go díreach ach is cinnte to mbeidh sé go hindíreach agus go mbeidh inchur mór ag muintir na Gaeltachta agus ag an Ghaeltacht féin ins an bhord úr. Maidir leis an cheist a bhí ag an Teachta Tóibín, is cinnte nach bhfuil ag an údarás i mbliana ach €6 mhilliún ónStátchiste. Tá achmhainníándíol ag an údarás chomh maith agus tugann sé sin na hachmhainní chaipitil atá acu suas go dtí beagnach €12 milliún. Iláthair na huaire tá géarchéim eacnamaíochta ann. Tá gach Roinn ag déanamh gach iarracht oiread airgid agus is féidir linn a fháil. Beidh an t-Aire, mé féin agus an Roinn ag déanamh gach iarracht oiread airgid agus is féidir linn a fháil do Údarás na Gaeltachta. Is é an rud is tábhachtaí ar fad, is cuma cé mhéad airgid a bhéas ar fáil, go mbeidh sé ins an reachtaíocht úr 309 Priority 22 June 2011. Questions

[Deputy Dinny McGinley.] go mbeidh cúramaí fiontraíochta ar an údarás. Beidh sé sa Bhille go mbeidh na cúramaí sin air. Sin mar is ceart é adhéanamh, is é sin nuair a bhéas breis airgid ar fáil sa tír agus nuair a thiocfaimid amach as an ghéarchéim eacnamaíochta go mbeidh an t-údarás ansin agus na freagraíochtaí sin air. Dála an scéil, beidh comhoibriú chomh maith idir na háisinteachtaí fostaíochta eile, mar shampla an t-Údarás Fostaíochta Tionsclaíochta agus Enterprise Ireland, agus beidh comh- oibriú idir an t-údarás agus iad siúd. Thig liom a rá—tá sé seo ráite agam leis an údarás — má thagann an t-údarásaníos le haon tionscnamh sa Ghaeltacht a chuirfidh fostaíocht ar fáil, is cinnte nach dteipfidh orthu an fhostaíocht sin a chur ar fáil os rud é nach bhfuil airgead ar fáil.

Deputy Michael P. Kitt: Tá cumhacht iomlán ag an Aire agus na comhairleoiríóthaobh ainmniú an bhoird de. Ba mhaith le pobal na Gaeltachta go mbeadh an chumhacht sin acu. An bhfuil córas eile ann a ligfeadh do phobal na Gaeltachta iad féin a chur chun cinn do bhord an údaráis?

Deputy Dinny McGinley: Maradúirt mé,tá cinn an Bhille á n-ullmhú iláthair na huaire. Tabharfar an Bille seo isteach roimh deireadh na bliana, b’fhéidir, nó an bhliain seo chugainn. Táimid ag amharc ar na féidearthachtaí uilig ag an bpointe seo. Thig liom a rá go mbeidh inchur daonlathach ar bhord Údarás na Gaeltachta. B’fhéidir nach mbeidh sé cosúil leis an mbord a bhí in áit roimhe seo. Mar shampla, nuair a thosaigh an feachtas i gContae na Gail- limhe fá choinne Údarás na Gaeltachta a bhunú agus cearta sibhialta na Gaeltachta a bhaint amach, ní raibh sé ar intinn gur comhairleoirí contae amháin a bheadh ar an mbord. Dúirt na daoine a bhí páirteach sa bhfeachtas gur chóir go mbeadh ceannairí pobail le saineolas ar chúrsaí tionsclaíochta, infheistíochta, fostaíochta agus Gaeltachta ar an mbord. Tá na féidear- thachtaí uilig á scrúdú againn. Nuair a chuirfear an Bille i láthair an Tí, beidh sé níos soiléire. Maidir leis an méid go díreach a bheidh á dhéanamh againn, is féidir liom a rá go mbeidh inchur daonlathach sa bhord úr. Dúirt an Teachta Tóibín go bhfuil plean glic ag an Rialtas, os rud é go bhfuil tromlach ag Fine Gael ar chomhairlí contae ar fud na tíre.

Deputy Peadar Tóibín: Tá tromlach ag Fine Gael.

Deputy Dinny McGinley: Tá mé fada go leor anseo a thuisicint go dtéann an roth polaitiúil timpeall, cosúil le Rotha Mór an tSaoil abhí ag Micí Mac Gabhann. An páirtí atá thuas inniu, beidh sé thíos amárach.

Deputy Peadar Tóibín: Tá an móraimh ag Fine Gael ag an bomaite.

Deputy Dinny McGinley: Is é sin an daonlathas.

Deputy Peadar Tóibín: Is rud glic é,indáiríre.

Deputy Dinny McGinley: B’fhéidir go mbeidh an móraimh ag páirtí eile i gceann trí bliana. Bíodh dóchas ag an Teachta.

National Archives 14. Deputy Tom Fleming asked the Minister for Arts; Heritage and the Gaeltacht if he will set up a central genealogy service to capitalise on the recent visit by President Obama in view of the fact that it would provide a comprehensive research facility to the Irish diaspora worldwide and contribute greatly to attract these persons to Ireland. [16748/11] 310 Priority 22 June 2011. Questions

Deputy Jimmy Deenihan: I recognise that the recent visits by President Obama and Queen Elizabeth have provided a renewed interest in genealogical records among Irish people and the Irish diaspora worldwide. My approach to genealogical services is to assist the two main national institutions involved in this area which are under the aegis of my Department, the National Archives and the National Library, to make available to the public the records of genealogical interest in their collections, online and free of charge, to gain the highest usage domestically and around the world. Both institutions offer genealogical advisory services to callers. In that context, a comprehensive search facility already exists through the publication of the 1901 and 1911 census provided by the National Archives. This project involved digitising the census returns and background material for those years and making them searchable online by all the available data fields, including name, address, occupation, religion, relationship to head of household and so on. All these records are now available online and 128,993 unique visitors logged on to the site in May 2011. This brought the total number of unique visitors to this site to end May to more than 11.6 million, with the total number of hits more than 557 million. My Department also hosts the website, www.irishgenealogy.ie, which contains a searchable database of church records of baptism, marriage and burial from Dublin city and counties Carlow, Cork and Kerry. The website is an important aid to family history and genealogical research and will be an attraction for the Irish diaspora to visit Ireland in search of their roots. Since its launch in November 2009, a total of 239,068 unique visitors have visited the church records site with a total of more than 34.7 million hits recorded. In addition, in June 2010 the Church of Ireland records for Dublin city and counties Carlow and Kerry and Roman Catholic records for the county and city of Cork were added to the website. Work is ongoing to add up to a further one million church baptism, marriage and burial records from Dublin city and County Cork, and this work should be substantially completed by end of next month. This project is being undertaken with the support of our national repositor- ies, the National Archives and the National Library of Ireland. The majority of the records also have the corresponding image of the original entry in the baptism, marriage or burial register available to view. Additional Information not given on the floor of the House. Images for all the records will be made available during 2011. This level of detail, along with the success of the 1901 and 1911 censuses online, will be a significant additional resource to persons abroad wishing to trace Irish ancestors. I assure the Deputy that my Department is working closely with the Department of Trans- port, Tourism and Sport and with Tourism Ireland to ensure Ireland reaps the dividends of this work. Deputies will recognise that statutory responsibility for tourism lies with my colleague, the Minister for Transport, Tourism and Sport. In addition, with my Department’s co-operation, Tourism Ireland is proposing a genealogy web portal. This will serve as a central focus and one-stop-shop for those with an interest in their family history. I understand the proposed portal will provide direct incentives to persons abroad using it to come to Ireland. This, in turn, should provide opportunities to local service providers, including the Irish Family History Foundation, to make available specialist local history and genealogical services and products. Deputies will also be aware of my proposal to digitise and make available online the 1926 census returns. Apart from their inherent significance from a family history point of view, these returns are significant as they are the first census of population taken after independence and will provide an important baseline from which to chart our progress. My Department is examining the legal steps required to allow this project go forward as it seems clear that some amend- 311 Priority 22 June 2011. Questions

[Deputy Jimmy Deenihan.] ing legislation will be required. My Department also chairs a committee of the key State agencies involved in this area, including the tourism agencies, to ensure we maximise the opportunities.

Deputy Tom Fleming: I thank the Minister for his comprehensive reply. The huge resource that is the Irish disapora, approximately 60 million to 80 million people worldwide, in particular in English-speaking countries, including Australia and North America, was brought home to us with the recent visit of President Obama and Queen Elizabeth. Now more than ever, we need to tap into the potential of this huge resource. Our genealogy service is fragmented. The Minister set out in his reply the various websites, archives and sources of information in this regard. We need to have a central venue wherein all these services are co-ordinated. For example, records in relation to President Obama’s relatives were traced to a church in Offaly, Trinity College, where a close relative worked, and Dublin, where another relative was involved in trade. This demonstrates the need to provide a co-ordinated genealogical service. Rather than sending people to different places, we need to be able to direct them to a central service which holds all the information they require. This matter requires further thought, in particular in regard to the huge advantages open to us in terms of connecting with these people in terms of job creation and attracting industry into the country. It would also assist us in attracting visitors to the country. There is a vast amount of goodwill towards Ireland following the publicity surrounding the visits of President Obama and Queen Elizabeth. Will the Minister give more thought to this matter and, in that regard, communicate with the various bodies doing marvellous work in this area? While I appreciate the availability online of the 1901 and 1911 census, many census returns were lost in the fire at the Four Courts in 1916.

Acting Chairman (Deputy Peter Mathews): Deputy Fleming has gone over time.

Deputy Tom Fleming: It is possible to pull all this information together. We need to get the message out worldwide.

Acting Chairman (Deputy Peter Mathews): Unfortunately, the Minister does not have time to reply to the Deputy’s question.

Deputy Jimmy Deenihan: I am aware of Deputy’s Fleming interest in this area. Coming from a county like Kerry which has experienced huge emigration down through the years, we share a particular interest in this area. Kerry has a strong disapora worldwide. Work on the 1926 census requires a change in legislation, which I am working on. I agree with Deputy Fleming about the number of organisations involved, including the National Library of Ireland, the National Archives of Ireland, the Department of Arts, Heritage and the Gaeltacht, the Irish Family History Foundation, the General Register Office and Tourism 3o’clock Ireland. To provide some cohesion, Tourism Ireland has proposed a genealogy web portal which will serve as a central focus or one-stop-shop for those with an interest in their family history. It is hoped all organisations will work together in providing all the information on that portal. If the Deputy wants to visit that portal, he will get all the necessary information. I take his point about co-ordination.

Question No. 15 answered with Question No. 13. 312 Priority 22 June 2011. Questions

Irish Language 16. Deputy Mattie McGrath asked the Minister for Arts; Heritage and the Gaeltacht if he will examine the possibility of twining small villages and towns in the Gaeltacht areas with villages and towns of similar size that were once a Gaeltacht area in an effort to revitalise the Irish language [16867/11]

Deputy Dinny McGinley: The 20-year strategy for the Irish language lays out a comprehensive strategy for preservation and promotion of the Irish language. The strategy encompasses a total of nine priority areas for action, namely, education, the Gaeltacht, family transmission of the language-early intervention, administration, services and community, media and technology, dictionaries, legislation and status, and economic life and cross-cutting initiatives. The most immediate priority is the linguistic crisis in the Gaeltacht. The Comprehensive Linguistic Study of the Use of Irish in the Gaeltacht of 2007 indicated that, without urgent remedial action, Irish may only have a lifespan of 15 to 20 years as a community and household language in the Gaeltacht. The strategy proposes to address this by including the activities of the main State institutions with responsibilities in the Gaeltacht within the framework of an integrated strategic language planning approach for Gaeltacht communities. The Government has now approved the preparation of legislation to give effect to these measures. The issue of how best to strengthen the language in areas peripheral to the Gaeltacht will be examined in this context. It is clear from the strategy that new areas might also be included in the Gaeltacht if they meet the linguistic criteria under the proposed new Gaeltacht Act. Based on recommendations in the 20-year strategy and in the linguistic study already referred to, statutory recognition of the following categories of Irish-speaking communities could also be accommodated, namely, first, bailte seirbhísí Gaeltachta or Gaeltacht service towns, which would provide a statutory framework for the recognition and definition of such as being towns on the periphery of the Gaeltacht which play a significant role in the provision of services to the Gaeltacht communities adjacent to them; and, second, network Gaeltacht areas, a category which would allow for targeted language planning initiatives to develop new language communities-networks outside the Gaeltacht. These would be predominantly in urban communities that have achieved a basic critical mass of community and State support for the Irish language, such as child care facilities through Irish, primary and second level education through Irish, Irish language youth clubs and other services, including mother and toddler groups, and Irish language religious services. I consider that there may be merit in the Deputy’s proposal to examine the possibility of twinning small villages and towns in the Gaeltacht areas with villages and towns of similar size that were once in Gaeltacht areas. Additional information not given on the floor of the House. The proposed legislation envisages the recognition and definition in statute of these Gael- tacht categories and targeting them with relevant types of support measures.

Deputy Mattie McGrath: Ba mhaith liom comhghairdeas a ghabháil leis an Aire Stáit as an bhfreagra sin. I am delighted with parts of the Minister of State’s answer. While it is not exactly the point I was making, I am delighted he has concerns for the language in Gaeltacht areas under the 20-year strategy. In my area, which was breac Gaeltacht until 1950, we are interested in revitalising the language. Tá naíonra agus coláiste samhraidh agus rudaí mar sin againn. Given the experience of twinning of communities, towns and areas with regions in Europe and further abroad, I felt it would be a novel idea to perhaps include it in the strategy as a pilot 313 Other 22 June 2011. Questions

[Deputy Mattie McGrath.] project. For example, my area could be twinned with Ring, which is in Port Lairge, 20 míle uainn, agus áiteanna eile sa tír.

Deputy Dinny McGinley: Cuireann séáthas orm go bhfuil suim ag an Teachta McGrath, as Contae Thiobrad Árainn, ins an obair seo. Tá a fhios agam go bhfuil ceantracha i gContae Thiobrad Árainn, cosúil le hAonach Urmhúmhan agus Caiseal féin, a bhfuil an cultúr, an traidisiún agus an teanga go han-láidir ar fad. Níl aon fáth nach mbéadh twinning idir ceantracha Gaeltachta agus ceantracha cosúil lena cheantar féin. The 20-year strategy is a national strategy, not just a Gaeltacht strategy. Any community and every community will have an opportunity, if it wishes, to prepare a language development plan for its own area, whether it is a parish, town or otherwise. They will be given every assistance to do that over a two-year period and the situation will be monitored over the next five to seven years. The Deputy has put forward an excellent idea, which will certainly be considered. As an example, towns in my constituency, the fíor-Ghaeltacht, could be twinned with towns in the Deputy’s constituency or any other part of the country. As they say in Irish, ar scáthachéile a mhairimid.

Other Questions

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Arts Review 17. Deputy Martin Ferris asked the Minister for Arts; Heritage and the Gaeltacht his plans to implement the recommendations of the National Economic and Social Forum report into the Arts, Cultural Inclusion and Social Cohesion in order to broaden the appeal and participation in the arts; and if he will make a statement on the matter. [16485/11]

Deputy Jimmy Deenihan: As the Deputy is aware, the report of the National Economic and Social Forum into the arts, cultural inclusion and social cohesion was published in January 2007 and was based on information collected on the situation in Ireland in the years before that date. At the time I was a member of the project team that worked on this report. It was a worthwhile document, bringing forward as it did a number of interesting and thought-provoking conclusions and recommendations. The report presented an evaluation of the status of the sector at that time and its role in the changing and varying social and cultural landscape. It should be clearly understood that the conclusions and recommendations in the report were of their time. At that time, conditions in Ireland were very different to what they are today where human and financial resources are much scarcer than they were then. In that context, with my officials, I intend to revisit the report’s findings. In its examination, the report recognised that a significant degree of noteworthy activity was taking place in the arts sector, much of which was State-supported. It highlighted the need for the delivery of a high-level service in the arts and culture sector in a strategic, appropriate, co- ordinated and open manner. The report also set out actions to support broader participation in the arts and made recommendations on creating a more inclusive and cohesive society. Despite the very significant reduction in resources since 2007, I am of the view that, even in the absence of a formal implementation mechanism for the report, progress was made in certain areas covered by its remit. For instance, there are now much improved numbers and levels of contacts among the network of local arts officers throughout the State, supported by the mainstream local authority structure and the Arts Council. In addition, I would point to the con- 314 Other 22 June 2011. Questions siderable improvements in the digital technology areas which helped to make much of our population more aware of the opportunities for participation in the arts and culture sectors. An example of this is Culturefox, an applications and mobile website funded by my Department and developed by the Arts Council. Anyone with a smartphone need only put it on, and they can see at a glance all the cultural events going on around them in their own areas.

Deputy Sandra McLellan: I thank the Minister for his comprehensive reply. One of the key recommendations of the National Economic and Social Forum report, and one on which I am sure we can agree, was to develop a policy on how local groups can access and pay for the use of publicly funded arts centres and to co-ordinate public spaces being built which can be used for the arts and social inclusion. How does the Minister intend to further facilitate the use of public spaces, including NAMA buildings, for local community groups? Will he outline any such initiatives in regard to those on lower incomes which may be a Government priority?

Deputy Jimmy Deenihan: I am glad to point out that I shared a very enjoyable evening with Deputy McLellan in Youghal last Friday. The centre there was a very good example of how such centres work very effectively and efficiently for the communities they serve. I was delighted I was able to spend some time there.

Deputy Sandra McLellan: We were delighted the Minister could attend.

Deputy Jimmy Deenihan: I thank the Deputy for the hospitality.

Deputy Mick Wallace: We want further details.

Deputy Sandra McLellan: That would be telling.

Deputy Jimmy Deenihan: It was a cultural evening, let me add. With regard to public spaces and NAMA buildings, with my officials I met representatives from NAMA, as I had promised Deputy Wallace in the House just last week that I would. While they are very open to facilitating any community initiatives, they reminded us that they manage loans, not buildings, which is a subtle difference. However, where there are communities willing to take on loans, NAMA will be very sympathetic towards this and the NAMA representatives were quite positive in that respect. I am glad the Deputy has mentioned that report because I did a great deal of work on it for over two years. I attended every meeting and made a number of the proposals in the report. I now have an opportunity to implement them. I brought in all of the local arts officers who are a valuable resource. They had never been consulted previously, yet they know more about the arts locally than anybody else. We have strong national institutions such as the Arts Council which looks after the elite in most cases, but there is also a focus at local level. It is important that everybody feels he or she is included in the arts movement. I thank the Deputy for raising the issue.

Deputy Sandra McLellan: I thank the Minister.

Tax Code 18. Deputy Charlie McConalogue asked the Minister for Arts; Heritage and the Gaeltacht the steps he will take to ensure arts and cultural venues such as cinemas, theatres and museums pass on savings to customers in the form of price reductions once the reduced rate of VAT of 9% comes into effect from the 1 July 2011 under the jobs initiative. [16610/11]

Deputy Jimmy Deenihan: The introduction of the new temporary 9% VAT rate on certain tourism related services and goods falls within the statutory remit of my colleague, the Minister 315 Other 22 June 2011. Questions

[Deputy Jimmy Deenihan.] for Finance. This initiative has been introduced primarily as part of the Government’s overall job creation strategy. It will apply to a variety of areas, including the hospitality and tourism sectors, and operate from 1 July 2011 to 31 December 2013. In order for the measure to be successful, it requires the reduction in VAT to be passed on to consumers through a reduction in prices in the tourism sector. With this in mind, the Minister for Finance has stated the VAT change will be kept under review and evaluated before the end of 2012 in order to determine its effectiveness in aiding the industry. If it is shown that the VAT reduction has had little or no effect in aiding the industry, the measure will be reformed or abolished. I naturally welcome the decision relating to the reduction of the VAT rate to 9% in respect of cultural venues, including cinemas, theatres and museums. This is a recognition that the arts are a central component of our cultural tourism offering. I strongly encourage traders to deal with the savings that arise to benefit all those who wish to avail of these cultural pursuits.

Deputy Robert Troy: I welcome the Minister’s response. The VAT cut will have two effects. First, it will stimulate the creation of new jobs in the sector and, second, it will attract more tourists with prices being reduced to reflect the reduced VAT rate. How will the Minister monitor the position from 1 July? Has the Government set a target for the number of jobs that the VAT reduction will create in the hospitality sector? How will these effects be assessed? The Minister said he would assess them until the end of 2012. What will be his barometer in the context of whether he reviews, retains or abolishes the measure?

Deputy Jimmy Deenihan: As I pointed out, the Minister for Finance will monitor and evaluate the effectiveness of the reduction. We will know whether it is being passed on by visiting a cinema and so on to ensure that is the case. If it is not passed on, the reason for introducing the measure will no longer apply. The Minister has stated it will be monitored carefully and reviewed. It is important that all operators approach the reduction in the right spirit. It is meant to increase audiences, for example, which are declining, as many would say, because of cost and will I hope increase employment opportunities. If more people attend events and the theatre, for example, more workers will be needed to service them. What is at issue is the spirit in which the change will be implemented. If it is not implemented in the spirit intended, it may not be as effective as it should be. The Minister for Finance has made a clear commitment that the measure will be monitored. The same applies to the travel tax change if it does not work. The Government is committed to its reintroduction if the change does not benefit the taxpayer.

Deputy Robert Troy: The Minister did not outline the target for the number of jobs he hopes will be created. I have spoken to three hoteliers since the announcement was made and all of them have indicated they might not necessarily pass on the VAT reduction because they are at breaking point and looking on this measure as an opportunity to save the hotels they run a few bob, which will mean current jobs will be retained. However, the reduction will not have the desired effect in these hotels. Will the implementation of the reduction be reviewed quarterly, biannually or annually?

Deputy Jimmy Deenihan: I am disappointed hoteliers would say that. The reduction has not yet been implemented, but if that is the spirit in which it is being taken, I am disappointed. Hoteliers and restaurateurs welcomed the reduction when it was announced in press releases by their representative organisations, but if that is the attitude that will be taken to it, it will be reviewed quickly. It is intended to drive consumer demand to get more people to use hotels. Hotel prices in Dublin and throughout the country are competitive. I acknowledge that a large number of hotels are hanging in, but this is meant to act as a stimulus. The number of additional jobs that could be generated by this initiative has not been quantified, but if there is more 316 Other 22 June 2011. Questions demand, employers will have to take on more staff to provide a service to satisfy demand. I hopefully the measure will have a positive effect in reducing the number on the live register and providing necessary jobs all over the country. Tourism has an impact on every part of the country, which is a positive aspect of the industry.

Departmental Staff 19. Deputy Robert Troy asked the Minister for Arts; Heritage and the Gaeltacht the impact of the Employment Control Framework on arts and cultural institutions. [16608/11]

Deputy Jimmy Deenihan: Arising from the Government’s commitment to restore the public finances and restructure and reorganise the public service, each Department has been directed to achieve a progressive reduction in the number of civil servants employed and in the number of public servants employed in bodies funded from their Vote groups through the implementation of an employment control framework, ECF, during the period 2010 to 2014. The achievement of payroll savings and numbers reductions is a key element of the reporting arrangements under the memorandum of understanding as part of the joint EU-IMF programme for Ireland. The memorandum of understanding requires quarterly data for the public service wage bill, the number of employees and average wage. No deviation from the overall numbers reductions targets can be permitted over the period of the programme. The Taoiseach announced the establishment of the Department of Arts, Heritage and Gael- tacht in March, bringing together functions from the former Departments of Tourism, Culture and Sport; Community, Equality and Gaeltacht Affairs, and the Environment, Heritage and Local Government. Arising from this transfer of functions, my Department is liaising with the Department of Finance on a new ECF for the reconfigured Department and the bodies funded from its Vote group. In the meantime, I am advised that under the ECF of the former Depart- ment of Tourism, Culture and Sport in 2010, the following numbers reduction targets, to be met by the end of 2014, were set for the national arts and cultural institutions funded by my Department: a phased reduction of 86 staff to be achieved by the end of 2014 in the number of public servants employed in the national institutions, other than the National Gallery of Ireland, bringing the total numbers employed to 452; and a phased reduction of 15 staff to be achieved by the end of 2014 in the National Gallery of Ireland which has its own Vote, bringing the total numbers employed by that body to 110. I understand the arts and cultural institutions were advised in January of the required staffing numbers reductions to be attained by the end of this year. Of the required reduction of 51 in the number of public servants employed by the arts and cultural institutions during 2011, a total of 14 was achieved by the end of March 2011.

Additional information not given on the floor of the House.

In the National Gallery, where a reduction of nine in staff is required, a reduction of three had been achieved by the same date.

Deputy Robert Troy: The Acting Chairman is very strict on the Minister.

Deputy Jimmy Deenihan: We need a different chairman.

Acting Chairman (Deputy Peter Mathews): I do not have the written replies so must be careful as to the clock.

Deputy Robert Troy: I welcome the Minister’s response and understand the stringent hand he must deal. I appreciate that his Department is the lowest staffed of all Departments. My 317 Other 22 June 2011. Questions

[Deputy Robert Troy.] main concern is for staffing levels in the various cultural institutions. At present these are at breaking point, with staffing levels in the region of 700 across all the institutions. I reiterate that cultural tourists spend seven times more than ordinary tourists. I am concerned, therefore, about the Minister’s prediction up to 2014. Does he honestly believe these institutions will be able to maintain their current service to the public and to tourists? Signifi- cant emphasis is being placed on tourism and cultural tourism in the revitalising of the economy. If the levels are at breaking point with approximately 700 staff, what will the situation be like by 2014? Will we see reduced opening hours in cultural institutions? If so, this will be counter-productive to the aims of the Minister’s Government.

Acting Chairman (Deputy Peter Mathews): I must be fair to everyone.

Deputy Jimmy Deenihan: According to the Croke Park agreement, we can reach our target and this is very much tied into the EU-IMF deal, which as the Deputy knows was put in place by his party’s Government and before our time. I am in regular contact with the cultural institutions and realise they could use more staff. Nevertheless, they have not been forced to remove any services which, in fact, have improved with better technology. They have not been forced to reduce opening hours and are in discussions about increasing hours. The intern project, which was included in the jobs strategy, could be of major assistance to the cultural institutions. There are a large number of young graduates who would be delighted to have the experience of working in the cultural institutions through that scheme. There is a way, therefore, of providing additional human resources for the various cultural institutions that would be of major value, to the actual institutions, obviously, but also to the people involved because of the very important experience they would get by working in our cultural institutions. I reiterate, these institutions are free of charge to tourists which is why we see so many tourists on Kildare Street every day. The institutions are as good as one would find in any part of the world. There is an exhibition in the National Museum at present which I would recommend to anyone. We should all go to it; it is only next door. One can also go next door to the National Library and see an exhibition on Yeats that compares with any exhibition one might see in any part of the world. We should feel very privileged to have these cultural institutions right on the doorstep of this House, although at times people may not visit them.

Comhoibriú Trasteorann 20. D’fhiafraigh Pearse Doherty den an Aire Ealaíon, Oidhreachta agus Gaeltachta i bhfianaise feidhmeannas nua a bheith ceaptha sna sé chontae agus Aire nua sa Roinn Cultúir, Ealaíon agus Fóillíochta an bhfuil sé i gceist aige cruinniú a lorg leis an Aire nua maidir le comhoibriú trasteorann ar cheist na Gaeilge agus cúrsaí ealaíon; agus an ndéanfaidh sé ráiteas ina thaobh. [16436/11]

106. D’fhiafraigh Peadar Tóibín den an Aire Ealaíon, Oidhreachta agus Gaeltachta tá feidhmeannas nua ceaptha sna sé chontae agus Aire nua sa Roinn Cultúir, Ealaíon agus Fóil- líochta, an bhfuil sé i gceist ag an Aire cruinniú a lorg leis an Aire nua maidir le comhoibriú trasteorann ar cheist na Gaeilge agus cúrsaí Ealaíon. [13218/11]

Deputy Dinny McGinley: Tógfaidh mé Ceisteanna Uimh. 20 agus 106 le chéile. Is féidir liom a chur in iúl don Teachta go mbeidh mé ag bualadh leis an Aire Cultúir, Ealaíon agus Fóillíochta nua ó Thuaidh, an tUasal CarálNí Chuilín, MLA, ar an 7 Iúil 2011 in Ard Mhacha nuair a reachtálfar cruinnithe den Chomhairle Aireachta Thuaidh-Theas i bhfor- 318 Other 22 June 2011. Questions máid rannach na teanga agus na n-uiscebhealaí. Ag na cruinnithe sin déanfar plé go príomha ar an obair reatha mar a bhaineann leis na forais trasteorann a thagann faoi scáth ár Ranna, is é sin, An Foras Teanga, ar a n-áirítear Foras na Gaeilge agus Gníomhaireacht na hUltaise, agus UiscebhealaíÉireann. An méid sin ráite, tá súil agam go mbeidh seans againn plé a dhéanamh fosta ar na deiseanna nua a d’fhéadfadh bheith ann maidir le comhoibriú trasteorann sa todhchaí.Ní miste dom a lua gur chas mo chomhleacaí, an tAire Ealaíon, Oidhreachta agus Gaeltachta, an Teachta Jimmy Deenihan, leis an Aire Ní Chuilinn ag lánchruinniú na Comh- airle Aireachta Thuaidh-Theas a tionóladh i Farmleigh ar 10 Meitheamh 2011.

Deputy Peadar Tóibín: Go raibh maith ag an Aire Stáit as an bhfreagra sin. Tá fás tagtha ar an Ghaeilge i dTuaisceart na hÉireann le blianta beaga anuas. Mar is eol don Aire Stáit, tá Aire ann a bhaineann leis an Ghaeilge anois. Tááthas orm go mbeidh an tAire Stáit ag bualadh léiiMí Iúil. Tá an-chuid rudaí le déanamh i dtaobh ghaelscolaíochta agus téacsleabhair a bhaineann le gaelscoileanna. Tá daltaí i ngaelscoileanna ag léamh leabhar Béarla ag an mbomaite seo, ach tá téacsleabhair sa Tuaisceart cosúil leis na cinn atááiarraidh sa Deisceart. Tá gá le curaclam Éireannach a chruthú don dá thaobh den tír. Nílsé ceart go bhfuil dhá chóras ag feidhmiú ar dhá thaonh den Teorann. Bheimísinannalán airgid a shábháil sa tír seo dá n-oibreoimísle chéile. Tá daoine i mBaile Munna ag iarraidh gaelscoil nua a bhunú agus tá Gaeltacht i mBóthar na Seoighe i mBéal Feirste. D’fhéadfaí eolas an dá cheantar sin a roinn idir a chéile. D’fhéadfaimís an Ghaeilge a láidriú ar an dá thaobh den Teorann. Impím ar an Aire Stáit oibriú leis an Aire Cultúir, Ealaíon agus Fóillíochta, másféidir leis.

Deputy Dinny McGinley: Aontaím le gach rud atá le rá ag an Teachta agus leis na tuairimí atá sé ag cur chun tosaigh. Caithfimid comhoibriú agus is maith an rud go mbéadh comhoibriú idir muidne anseo agus na húdaráis ó Thuaidh. Sin an fáth go bhfuil mé ag tnúth chomh mór sin bualadh leis an Aire úrar7Iúil in Ard Mhacha, nuair a bhéas cruinniú den Chomhaire Aireachta Thuaidh-Theas ann. Is cúis áthais dom gur chainteoir bhreá Gaeilge an t-Aire úr a bhfuil na cúramaí seo uirthi. Is cinnte gur féidir linn comhoibriú adhéanamh. Beidh ról cinnte ag Foras na Gaeilge ins an straitéis 20 bliain sa chuid eile den tír. Tá an Roinn i gceannas go hiomlán uirthi. Beidh an t- údarás i gceannas na straitéise ins an Ghaeltacht ach beidh ról cinnte ag Foras na Gaeilge i gcur chun cinn na straitéise ar fud na tíre seo. Is cinnte go bhfuil mise ag tnúth go mórle comhráití a bheith agam leis an Aire úr agus teacht ar dhóigheanna gur féidir linn an deis sin a thapú,másféidir liom é a chur mar sin. Tá an-obair á dhéanamh sa Tuaisceart ag na gaelscoileanna agus tá súil agam, nuair a bheidh mé ansin, go mbeidh seans agam cuairt a thabhairt ar chupla ceann. Thug mé cuairt ar chupla gaelscoil ansin cheana féin, an ceann i mBóthar Seoighe agus i mBaile na Stéile i nDoire. Sílim gur féidir linn foghlaim uathu sin agus gur féidir leosan foghlaim uainne. Maidir le téacsleabhair agus mar sin de, is é an teanga céanna atá i gceist agus ní fheicim aon fáth nach mbéadh comhoibriú ceart eadrainn. Is Gaeilge Uladh a bhéas sna téacsleabhair ins an Tuaisceart, rud a chuireann áthas ar mo chroí.Tá mé cinnte go dtuigeann an Teachta Kitt é sin. Ní dhéanfaimid dearmad ar Gheilge Chonnachta ach an oiread. Tá go leor gur féidir linn a dhéanamh. Tá mé ag tnúth go mór le bualadh leis an Aire úr agus dul ar aghaidh leis an straitéis.

Acting Chairman (Deputy Peter Mathews): Go raibh maith agat, a Aire.

Deputy Jimmy Deenihan: The Minister of State is too good to be stopped. 319 Other 22 June 2011. Questions

Turbary Rights 21. Deputy Brian Stanley asked the Minister for Arts; Heritage and the Gaeltacht if he will confirm if any raised bog obtained or will obtain Favourable Conservation Status under the EU Habitats Directive to allow the continuation of turf cutting. [16486/11]

Deputy Jimmy Deenihan: When surveyed in 2005, six of Ireland’s 55 raised bog special areas of conservation, SACs, were found to be in favourable conservation status. These were generally sites where significant restoration work had been undertaken and no significant turf extraction was taking place. Most of Ireland’s 55 raised bog SACs have not reached favourable conservation status. This is as a result of a number of pressures on these sites, including drainage and turf cutting. Turf cutting, and the drainage necessary for it to take place, detract from the conservation value of these sites in two ways. First, turf extraction directly removes the habitat for which these sites are protected; namely, degraded raised bog capable of restoration. Second, the drainage associated with turf cutting has a negative impact on active raised bog — that part of the bog where peat is still forming. Drainage causes the active part of the bog to contract. The impacts of drainage can extend well into the dome of the bog, causing significant habitat loss. Ending turf cutting on these sites, along with undertaking restoration work to reverse some of the impacts of drainage, will significantly enhance the prospects of achieving favourable conservation status for these bogs. On the whole, turf cutting and the associated drainage required are incompatible with the conservation of raised bog SACs and attainment of favourable conservation status for these sites.

Deputy Sandra McLellan: What criteria were applied when the levels of compensation payable to affected turf cutters were being decided on? Was appropriate consideration given to the possibility that some of those affected may be forced into fuel poverty this winter? The Minister mentioned that 55 bogs are special areas of conservation and 75 bogs are natural heritage areas. Can he tell the House where the other 40 bogs are and explain how he intends to deal with them? The report to which I refer was prepared for the EU Environment Com- missioner.

Deputy Jimmy Deenihan: The agreed level of compensation — €1,000 per annum for a maximum of 15 years — was calculated in consultation with Bord na Móna and is based on the amount of money an ordinary household would spend on the extraction of peat for fuel in advance of each winter. I understand the total cost to the Exchequer over that period will be approximately €22 million. It is a fair cost to the Exchequer. These people have to be compen- sated. I will clarify the rules governing eligibility for compensation. To qualify, applicants must be able to demonstrate that they have a legal interest in or over the land in question and that they were cutting turf on that land during the five years in question. The payments will be limited to one applicant per bog plot. I am aware that some people may have problems in meeting these requirements. Those who do not meet these conditions but feel they have a right to compensation should apply for the scheme and explain their situations. Such cases will be considered on an individual basis. If one’s application is declined, one will have the right to appeal to the Peatlands Council, which will make recommendations to me. Deputy McLellan is aware that this measure has been imposed on us by the EU. It is important that I clarify this. We have been threatened with huge fines. I was entrusted with this matter eight weeks ago. In that time, I have put together a Peatlands Council and tried to do something about it. Nothing had been done about this issue since 1998. If it had been addressed, we would not be in this position. We are trying to do something about it now. We 320 Other 22 June 2011. Questions have put a compensation scheme in place. We are trying to examine alternative turf extraction choices. I thank Deputy Flanagan and all the other Deputies who have helped out in this respect. A definite effort is being made to find a solution to this problem. It is not that easy to do so.

Deputy Michael P. Kitt: I appreciate what the Minister has said on the question of raised bogs generally. What is the role of Bord na Móna with regard to finding alternatives to the 31 areas where turf cutting will cease? What is the position?

Deputy Jimmy Deenihan: The case of Clara is an example of a very good solution. Bord na Móna owned a bog nearby. There is a bog interpretation centre in Clara village. People can visit that. Clara Bog itself is being preserved. An alternative has been offered to people. That allows them to engage in turf cutting in a well organised fashion. Clara is a very good example of how people can be accommodated. Rangers from the National Parks and Wildlife Service are working with people throughout the country to try to find alternative sites. People like Mr. Mike Fitzmaurice are working with departmental officials and people like Mr. Conor Skehan of the Peatlands Council to try to find alternatives. A serious effort is being made to accommo- date people by finding alternative locations for turf cutting. This difficulty is shared by the Department, the recently established Peatlands Council and the Irish Turf Cutters and Contrac- tors Association. This problem is a challenge for all of us. I hope we can find a solution by working together. It is possible for us to show Europe that we care and that we are able to protect this country’s environment.

Acting Chairman (Deputy Peter Mathews): I will allow Deputy Flanagan to ask a supplementary question if he can do so in 20 seconds.

Deputy Luke ‘Ming’ Flanagan: I would need about 25 hours on this issue. I want to clarify something. When one is cutting turf on a high bog, one does not drain the high bog. One would be a fool if one were to do so. It would be the equivalent of trying to make concrete without adding water to the cement and the sand. Water is needed in the high bog to make a brick or sod of turf. We need to get away from the idea that the high bogs are being drained. The drains on my bog were put there by the State, not by the turf cutters. They should be filled in.

Deputy Jimmy Deenihan: I appreciate that Deputy Flanagan is an expert in this area. The Peatlands Council welcomes his expertise and advice as a turf cutter. He is engaging with Mr. Skehan. Most people from rural areas, including myself, have cut turf. If one comes to County Kerry for a weekend every August, one will find Éamon de Buitléar explaining how bogs are formed and should be preserved. We have been doing that for 20 years. I agree with the Deputy that there are times when scientists and turf cutters might agree on the practical application of turf cutting to bogs. There is no doubt about that. I thank the Deputy for his clarification. He might come to the festival I mentioned some time, perhaps as a guest speaker.

Irish Language 22. Deputy Luke ‘Ming’ Flanagan asked the Minister for Arts; Heritage and the Gaeltacht the different methods he will employ from his predecessors in order to revive the Irish language. [13095/11]

115. Deputy Bernard J. Durkan asked the Minister for Arts; Heritage and the Gaeltacht his proposals for the development of the Irish language through education, broadcasting, the arts, culture and business; and if he will make a statement on the matter. [12968/11] 321 Other 22 June 2011. Questions

Deputy Dinny McGinley: I propose to take Questions Nos. 22 and 115 together. The 20-year strategy for the Irish language lays out a comprehensive strategy for preservation and promotion of the Irish language. It encompasses a total of nine priority areas for action — education, the Gaeltacht, family transmission of the language and early intervention, administration, services and community, media and technology, dictionaries, legislation and status, economic life and cross-cutting initiatives. I have already referred to the most immediate priority for my Department and its agencies, which is the linguistic crisis in the Gaeltacht. The comprehensive linguistic study of the use of Irish in the Gaeltacht, which was carried out for my Department in 2007, indicated that if urgent remedial action is not taken, Irish may have a lifespan of just 15 or 20 years as a community and household language in the Gaeltacht. The House discussed the position in this regard in the context of an earlier question. The Government has approved the following approaches with regard to implementation of the 20-year strategy. The Department of Arts, Heritage and the Gaeltacht will retain the central overarching responsibility for Irish language affairs. Foras na Gaeilge will continue to deliver on its all-island remit as an agency of the North-South language implementation body. The implementation of the strategy outside the Gaeltacht will be the responsibility of the Depart- ment of Arts, Heritage and the Gaeltacht, in co-operation with the relevant State partners. The possibility of the delivery of some elements of the strategy being assigned to Foras na Gaeilge on an agreed basis will be pursued. The implementation of the strategy within the Gaeltacht will be the responsibility of Údarás na Gaeltachta. A strategy unit has been established in my Department. Officials are currently completing the drafting of one-year and three-year operational plans for implementation of the strategy. I anticipate that these plans will be published in due course. Deputies will be aware that a range of ideas in regard to the promotion of Irish were proposed on the floor of the House during a recent debate in Irish. I anticipate that further discussions will take place in this regard, including in the context of future proceedings of the newly established Joint Committee on the Environment, Transport, Culture and the Gaeltacht. Additional information not given on the floor of the House. I assure the House that I will seek to engage constructively on these matters in the context of promoting the implementation of the 20-year strategy.

Deputy Luke ‘Ming’ Flanagan: I thank the Minister of State. First, I apologise that I cannot respond in Irish or as Gaeilge because tá náire mór orm Gaeilge a labhairt because I, like many people, am afraid that I will make an eejit of myself. That is people’s main worry about speaking the Irish language. I am not sure whether I should have directed this to the Minister for Education and Skills or to the Minister of State, Deputy McGinley. I am not sure who will really take responsibility for the future of the Irish language. Perhaps I should have directed it towards the Minister for Education and Skills because that is the main place where my children and all the neighbours’ children will learn the Irish language. On a personal level, I am wondering is there anything innovative or different that can be done to avoid my kids having to go through the torture of being taught Irish the way it is currently taught. That is nothing against the teachers who are trying their best. It seems nearly impossible to catch the children’s imagination. I am merely wondering is there anything different that will be done because I believe that the Irish language will be wiped out within 20 years unless we do something imaginative. Would the Minister of State consider the idea, as I stated here on the day we had the debate on the Irish language, of a text-only-in-Irish day or maybe contact some of the companies which produce chocolate, such as Cadbury, to ask is it possible to get some wrappers in Irish? 322 Other 22 June 2011. Questions

Acting Chairman (Deputy Peter Mathews): I thank the Deputy.

Deputy Luke ‘Ming’ Flanagan: I congratulate the Sinn Féin TDs who, since they have come in here, along with other TDs, have brought the Irish language back here in more of a way than I have ever seen previously.

Acting Chairman (Deputy Peter Mathews): I thank the Deputy.

Deputy Luke ‘Ming’ Flanagan: I can actually understand some of it. It is quite hopeful. I would be interested to hear has the Government any innovative plans.

Deputy Dinny McGinley: I thank Deputy Luke ‘Ming’ Flanagan. He need not be worried. His heart is in the right place. Ní fhéadfaidh sé aon náire a bheith air. I recall his contribution to the debate on the Irish language some time ago here in the Dáil where he spoke from the heart and I remember some of the valid constructive points he made at that time. They were almost semi-autobiographical, if I can put it that way. He told of his experience of going to school and I do not think he understood “Ní thuigim”. He could not buy a loaf through Irish but he was able to give a literary analysis of “An Droimeann Donn Dílis”—My Faithful Brown Cow. Is it not all there? Certainly, we must look at other ways of passing on the language. As far as the Department of Education and Skills is concerned, there is a top-level committee of senior officials from my Department and the Department of Education and Skills looking at ways and means that we can improve the teaching of language at that level. As the Deputy stated, perhaps more fluently than I can put it because I have not got the time either, the days of talk and chalk are no longer acceptable and we must look at new ways, means and technology. Even today, I had someone in the Department from Trinity College who had new ways and means of teaching Irish through the new technology games etc. There are huge possibilities out there and we merely must sit down to try to figure them out and exploit them for the benefit of the language to ensure it is passed on to the next generation. I remember what Deputy Luke ‘Ming’ Flanagan said. He made many relevant points. I appreciate his contribution.

Acting Chairman (Deputy Peter Mathews): Deputy Toibín, a tiny contribution or question.

Deputy Peadar Tóibín: Ba mhaith liom buíochas a ghabháil leis an Teachta Flanagan. Ní chóir go mbeadh náire air. Is fearr Gaeilge bhriste ná Béarla cliste. Broken Irish is sometimes better than smart English. Ba mhaith liom ceist beag amháin a chur an an Aire Stáit. Cé hiad na hAirí a ghlacann páirt sa choiste idir-rannach atá ag déanamh monatóireacht ar an straitéis? Cad iad na feidhmeanna atá acu? Cathain a bhíonn an coiste ag bualadh? Cén teanga ina dhéanann an coiste a chuid oibre?

Deputy Dinny McGinley: Tá cuig Ranna i gceist — Roinn an Taoisigh, an Roinn Oideachais agus Scileanna, an Roinn Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha, an Roinn Ealaíon, Oidhreachta agus Gaeltachta agus an Roinn Comhshaoil, Pobail agus Rialtais Áitiúil. Tá an Taoiseach ina chathaoirleach ar an gcoiste.

Deputy Peadar Tóibín: An mbíonn na hAirí go léir ina suí ar an gcoiste?

Deputy Dinny McGinley: Muna mbíonn na hAirí ann, bíonn na hArd-Rúnaithe ann. Bhí dhá chruinniú ag an gcoiste go dtí seo. Mar a dúirt mé,sílim go mbeidh cruinnithe rialta againn as seo amach. 323 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Acting Chairman (Deputy Peter Mathews): Tá an t-am caite.

Deputy Dinny McGinley: Bíonn na cruinnithe dhátheangach — i nGaeilge agus i mBéarla — mar atá an díospóireacht anseo inniu.

Written Answers follow Adjournment debate.

Adjournment Debate Matters Acting Chairman (Deputy Peter Mathews): I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Michael McCarthy — the need to reverse the decision to withdraw school transport for the children who attend Kilmeen National School, Clonakilty, County Cork; (2) Deputy Caoimhghín Ó Caoláin — the need to address the problems in hospital accident and emergency departments that will be caused by a shortage of junior doctors from 11 July; (3) Deputy John Browne — the need to reverse the decision to withdraw six special needs assistant posts from St. Senan’s primary school, Enniscorthy, County Wexford; (4) Deputy Michael Healy-Rae — the cost of school books; (5) Deputy Patrick O’Donovan — the implementation of section 28 of the Planning and Development (Amendment) Act 2010; (6) Deputy Peter Fitzpatrick — staffing levels at Ballaphousta national school, Ardee, County Louth; (7) Deputy Luke ‘Ming’ Flanagan — the need to maintain adequate services at Roscommon Hospital; (8) Deputy Paschal Donohoe — the Government’s plans to sell Coillte; (9) Deputy Simon Harris — the need to prioritise the establishment of the EU hotline for missing children; (10) Deputy Aengus Ó Snodaigh — the need for a full-time resource teacher to be appointed to St. Catherine’s national school, Donore Avenue, Dublin 8; (11) Deputy Dominic Hannigan — the need to clarify the position on the GMS contract and the provision of free blood tests for medical card patients and GP visit card holders; (12) Deputy Mattie McGrath — the rationale behind the decision to limit the new buildings at risk scheme to two applications per local authority area; (13) Deputy Ciarán Lynch — the need to address waiting lists for orthopaedic treatment at Cork University Hospital; (14) Deputy Éamon Ó Cuív — an gá le tuilleadh airgid a cheadú do Scoil Bhaile Nua, Baile Nua Maigh Cuilinn, Contae na Gaillimhe; (15) Deputy Gerry Adams — the need to appoint an additional level 2 methadone prescribing GP to Drogheda and to resource the appointment of an additional family support worker for the Louth Community Drug and Alcohol Team; (16) Deputy Jack Wall — the need to provide proper facilities for Ghael-Choláiste Chill Dara, Kildare, prior to the commencement of the 2011-12 school year; (17) Deputy Joe Costello — the development of the national monument at 14-17 Moore Street, Dublin; (18) Deputy Richard Boyd Barrett — the threatened closure of the Befriending the Elderly community employment scheme in Shankill, County Dublin; and (19) Deputy Brendan Griffin — the benefits to the health service presented by organisations such as Acquired Brain Injury Ireland and the need to follow this model further. The matters raised by Deputies John Browne, Paschal Donohoe, Caoimhghín Ó Caoláin and Ciarán Lynch have been selected for discussion.

Finance (No. 3) Bill 2011: Second Stage (Resumed)

Question again proposed: “That the Bill be now read a Second Time.” Deputy Dara Calleary: I will continue from where my colleague, Deputy Michael McGrath, left off before the sos. By the nature of the decisions that were taken in the previous Dáil, particularly in the last phase of it, there were not many occasions for celebration in this Chamber or, indeed, in the Gallery around it. However, this time last year when the civil partnership Bill came to Second 324 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Stage and proceeded through the House, the Gallery above us was full to the rafters for debates late on Thursday evenings and it showed the importance of the law being discussed and passed here. In that context, the remarks of the then Minister for Justice, Equality and Law Reform, Dermot Ahern, who piloted civil partnership through the House, were quite apt when he stated that this law “takes nothing from anyone but what it gives is profound and is positive”. The fact that civil partnership passed through this House without division is an extension of those words. Civil partnership, and the legislation we are discussing today, is a natural extension of legislation such as the Criminal Law (Sexual Offences) Act 1993 that decriminalised homosexuality in Ireland, the Employment Equality Act 1998 and the Equal Status Act 2004. Many outside of this House have campaigned over years for such legislation. It is always easy when we pass legislation and move on to the next piece of business in this House to forget those who have made many great personal sacrifices in the pursuit of such legislation and the pursuit of many campaigns over the years. Organisations such as GLEN have worked long and hard to progress this agenda, mostly without credit. I am sure there are many times when they went a step forward only to find themselves going many steps back subsequently. Those are the people who deserve to celebrate most and the thousands who are benefiting from their work owe them a great debt. As we proceed with this Finance (No. 3) Bill, that should be remembered. The House will not divide on this Bill tonight, but it is worth making the point that it was my party in Government that introduced the civil partnership Bill and cleared the way for this. Discussions on republicanism on this island tend to focus on the political status of the island and the political arguments surrounding it. However, republicanism is a far broader concept. Republicanism respects the equality and dignity of every member of the human family and this legislation, and the thread with which it continues, is significant in that regard. The cross-party support evident in this part of the House last year attracted much positive comment. In writing in The Irish Times, Mr. Noel Whelan commented that “The overwhelming parliamentary support...for the legalisation of same sex civil partnerships arises from the basic decency and generosity of the Irish people”. That summed it up. I welcome the fact the Government has committed to further progress through the programme for Government and the recent statement by the Minister for Justice and Equality, Deputy Shatter, that he will amend citizenship legislation to provide for civil partners and also to provide for recognition of same-sex couples in immigration. Civil partnership delivers many rights. Equally, it delivers many legally enforceable obligations, and this is what we are about here today. The obligations include important duties to look after one another, including financially. This Bill, and the Social Welfare and Pensions Act which we passed in December, provides important supports for couples in undertaking these obligations and commitments. The Bill treats civil partners in the same way as married opposite sex couples in the tax code. The Office of the Revenue Commissioners has provided a detailed document on its website, with a series of questions and answers for those who need to avail of this law. The Bill is a critical advance for civil partners. It will provide certainty and security for many couples who are registered or planning to register their civil partnership. The Bill provides that a child whose parent is in a civil partnership will be treated the same for tax purposes as a child of a married couple. This means, for example, that children of civil partners will be treated the same for inheritance tax purposes as those of a married couple. The inclusion of children of civil partners is to be welcomed. The Bill provides important new financial protection for the growing numbers of children being parented by same sex couples. Many couples have already entered civil partnerships and held ceremonies — some have been 325 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

[Deputy Dara Calleary.] rather high profile — attended by their families, friends, work colleagues and neighbours. Many more couples have given notice of their intention to register and will hold civil partnership ceremonies in the coming months. I call on the Minister to review the position to ensure there will be no unwieldy delays as demand for services increases. There is, however, a broader agenda, apart from the civil agenda on which we have been focusing, that is, Ireland’s attractiveness as a destination for economic investment. There has been considerable debate to date about our corporation tax rate which will continue in the coming days. We should remember that our corporation tax rate is but one element of our attempt to attract inward investment. We have debated the issue in the House as it affects the education system, infrastructure and many other material and solid items one could identify. However, there are other aspects which are not solid related to the attractiveness of the country as a place in which to live, including our employment and equality laws, which are becoming equally as important in the decisions of multinationals to invest here. The majority of the agencies and major employers in the more advanced sectors of the economy are converging on a growing consensus about the links between equality and diversity and economic competitiveness. In particular, diversity and equality are considered to be important in the achievement of many economic goals, including, as I have stated, attracting foreign direct investment; attracting, nurturing and retaining people with key skills; and attracting business visitors, researchers, tourists and those with money to invest in the economy. The Gay and Lesbian Equality Network, GLEN, has been working in partnership with Dublin City Council on a project to better understand these links in the context of the economy in Dublin, its international competitiveness and potential success as a European capital city. This project is being funded by the Equality Authority as part of the EU PROGRESS initiative. Given the agreement on the contribution equality and diversity can make to the achievement of economic goals, our equality infrastructure is increasingly being seen as part of our wider economic support infrastructure. Many companies in the advanced sectors of the economy, the sectors which are showing the greatest economic growth and leading export renewal, have strong diversity policies in place. These are considered essential not only for recruitment and retention of highly skilled workers but also for creating the conditions in which innovation and research can thrive. Many of our key inward investment firms chose to locate their international headquarters here in the face of substantial and intense international competition. They have stated our multilingual, multi- cultural and readily available workforce is a key reason for choosing to locate in Ireland. Employers such as IBM, Facebook, Accenture, Microsoft and Mercer have in place strong diversity policies, including policies which promote the inclusion of lesbian and gay employees. Many economists have noted that on a practical level legal recognition such as that which we are affording today and its inclusion in immigration provisions will make it easier for global companies to attract to Ireland lesbian and gay employees. More broadly, the US economist Dr. Gary Gates has stated the civil partnership legislation in place here offers a strong signal that Ireland welcomes diversity. This boosts our international reputation as being an open, forward looking and diverse society. This tag and its progress can be used by economic development agencies such as IDA Ireland as another positive aspect of what we have to offer in our armoury of supports. In dealing with technical and financial legislation it is easy to forget the human element of what we are discussing and about the many struggles people have fought to get to this point. It is important that the House continues its commitment on a cross-party, non-divided basis to try to support initiatives in this area. The Minister’s contribution and that of Deputy Michael McGrath on the technical and taxation sides highlight their importance. However, there is a 326 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed) broader agenda on the economic and social side of which, perhaps, as we focus on our economic difficulties as a country, we may lose sight. However, as evidence and research have increasingly shown, the work we are doing in the areas of justice and civil law can be equally important in the regeneration and renewal of the economy. That is why my party will support the legislation.

Deputy Pearse Doherty: Maradúirt cainteoirí eile, sílim go bhfaighfidh an Bille seo tacaíocht trasphairtí. Ba mhaith liom a Rialtas a mholadh ina thaobh. Ní ró-mhinic a dhéanaim é sin.

Deputy Fergus O’Dowd: Abair i mBéarla é freisin, le do thoil.

Deputy Pearse Doherty: Déarfaidh mé arís é imBéarla níos déanaí. Tabharfaimid príomhacht don Ghaeilge i gcónaí.Tá sé níos tábhachtaí má tá sé ráite i nGaeilge. Molaim an Rialtas fá choinne an Bille seo a thabhairt chun tosaigh chomh scioptha. Mar is eol don Aire, bhí amhras orm nuair nach raibh na sonraí atá sa Bhille seo mar pháirt don mBille Airgeadais (Uimh. 2) 2011. Shílmé go raibh moill á chur ar an mBille seo, ach ní mar sin a tharla. Caithfidh mé ará go bhfuilimid uilig thar a bheith sásta go bhfuil an Bille os comhair na Dála inniu. Tá súil agam go bhfaighfidh sé tacaíocht traspháirtí. Leathnaíonn an reachtaíocht na cearta atá bainte amach ag an ngrúpa seo. Cuireann sé i bhfeidhm rudaí teicniúla faoi cháin a leanann an tAcht um Páirtnéireacht Shibhialta agus um Chearta agus OibleagáidíÁirithe de chuid Comhchónaitheoirí 2010. Ghlac mé páirtindíos- póireacht breá bríomhar ar an reachtaíocht sin sa Seanad an bhliain seo caite. Bhí an Bille á phlé againn ar feadh cúpla lá. Nuair a tháinig dhá bhean go dtí mo oifig i nGaoth Dobhair roinnt seachtainí ina dhiadh sin, chuir séáthas agus gliondar chroí orm a chloisint go rabhadar taréis aitheantas a fháil faoin reachtaíocht sin cúpla seachtain roimhe. Bhí an páirtnéireacht eatarthu cláraithe acu. An cheist a bhíáphlé acu ná go raibh bean amháin, nárbh as Éirinn di, ag iarraidh dul tríd an naturalisation process. Bhí iarratas curtha isteach aici le fada fá choinne é sin a chur i bhfeidhm, ach tarraingíodh siar an t-iarratas agus bhí uirthi é adhéanamh arís. Mar an cainteoir deireanach, cuirim fáilte roimh an méid atá ráite ag an Aire, an Teachta Shatter, go bhfuil sé chun leasuithe a thabhairt chun tosaigh ionas go dtabharfar aitheantas faoi leith sa naturalisation process dóibh siúd a bhfuil civil partnership acu. Beidh sé sin mar bhuntáiste ní hamháin don dhá bhean a bhí istigh liom ach do go leor daoine eile freisin. Níli gceist ach síneadh ar na cearta atá ar fáil do gach éinne eile. Sinn Féin has long advocated full legislative equality for lesbians and gay men. Although we believed the civil partnership Bill did not go far enough, we were pleased to support it as an important step on the road to equality, irrespective of one’s sexual orientation. Although not amounting to full equality, civil partnership legislation provides for important rights, including inheritance, adoption, visitation and residency rights. Sinn Féin also recognises that some couples, including heterosexual and same sex couples, have no wish to marry and seek only civil partnership status. During the closing stages of the debate in the Seanad last July I stated it was an emotional day for those who had campaigned long and hard and that it was a great day on which to rejoice. There was an overwhelming public response to the first gay civil partnership ceremonies that took place this year. This made me realise the great value of being a legislator. It was one of those moments when one realises the power vested in the Oireachtas which, if used correctly, can materially improve the quality of people’s lives. Today we are dealing with the outstanding issues arising from the civil partnership Act. The Finance (No. 3) Bill seeks to remove anomalies from the tax code in order to ensure civil partners are treated in the same manner as married opposite sex couples. I commend the Government for bringing forward the Bill quickly. The Minister can be assured of Sinn Féin’s 327 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

[Deputy Pearse Doherty.] full support in the matter. Enacting the Bill is vitally important both for those couples who have become civil partners and for those considering that course of action. It provides them with legal certainty and security which, given the current economic climate, is more important than ever. The Bill is also important in another respect in that it ensures the children of civil partners will be treated the same for tax purposes as children of married opposite sex couples. The Gay and Lesbian Equality Network has singled this out as being especially important, providing financial protections for the “growing numbers of children being parented by same-sex couples”. I hope the Bill will have the unanimous support of both Houses of the Oireachtas in order to send a clear signal to all that Dáil Éireann is serious about equality and treating all citizens and residents of the State with the dignity they deserve. The passing of the Bill will be another important step in a broader discussion taking place in our society, the aim of which is to secure equal recognition of same sex parents and families. Sinn Féin fully supports the right of same sex couples to marry and form a family, including by adoption. Ours was the first party to seek to enshrine this right in legislation 4o’clock when Deputy Seán Crowe tabled an amendment to the Civil Registration Bill 2003 to provide for equal recognition of same sex marriage. There must be further action to remove all the barriers and inequalities that prevent same sex couples from enjoying the same rights as opposite sex partners. Fine Gael and the Labour Party gave a clear commitment in the programme for Government to explore the possibility of constitutional reform to enable same sex marriage. I urge the Government to press ahead with this commitment in order that full equality in this matter will be afforded to all citizens and residents of the State. The programme for Government states:

Equality is at the heart of what it means to be a citizen in our democracy. This Government believes that everyone has the right to be free from discrimination and that we all benefit from living in a more equal society.

I agree wholeheartedly with these sentiments. However, the test of any Government’s commitment to equality is not in its political rhetoric but its legislative and policy action. The passage of this Bill is a good first step. However, there is much more work to be done and I look forward to seeing the Government further advance the rights of lesbian and gay individuals, couples and families. If it does so, it will have Sinn Féin’s full and enthusiastic support. This is a good day for equality in Ireland and I hope there are many more such days to come. On 21 January 1921, as Dáil Éireann adopted its democratic programme, the assembled Deputies stated:

We declare that we desire our country to be ruled in accordance with the principles of Liberty, Equality, and Justice for all, which alone can secure permanence of Government in the willing adhesion of the people.

Ninety years later this aspiration remains as valid as it was in the heady days of the birth of the State. Progress has been made, but we do not yet live in a country ruled fully in accordance with the principles of liberty, equality and justice for all. Until we do, this House will not have the support of all the people of the nation. I support the Bill and urge all Members of the House to do likewise. I commend the Government for brining it forward in a timely manner.

Deputy Mattie McGrath: I propose to share time with Deputy Catherine Murphy.

Acting Chairman (Deputy Peter Mathews): That is agreed. 328 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Deputy Mattie McGrath: The Finance (No. 3) Bill 2011 provides for changes to existing legislation in accordance with the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Bill seeks to amend and extend the terms of the Taxes Consolidation Act 1997, the Stamp Duties Consolidation Act 1999, the Capital Acquis- itions Tax Consolidation Act 2003 and the Value-Added Tax Consolidation Act 2010 in respect of the taxation of civil partners and cohabitants. It will allow registered civil partners to receive the same tax treatment as married couples in regard to income tax, stamp duty, capital acquisitions tax, capital gains tax and VAT. In addition, it extends the taxation consequences of the redress scheme to opposite sex and same sex cohabiting couples as provided for in the 2010 Act. In the last Dáil it was the Fianna Fáil Party, of which I was a member at the time, in the person of the then Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern, which brought forward these proposals and I commend the former Minister for progressing the legislation as far as he could. The previous Government committed to introducing changes to tax legislation in order to implement the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, but it was not possible to do so during its term of office. I compliment the Minister for Justice and Equality, Deputy Alan Shatter, on bringing it forward today. The Bill was published separately from the Finance (No. 2) Bill 2011, as it will implement changes that go right through the tax system and require detailed consideration. I was lobbied extensively at the time these provisions were proposed, as many of us were, particularly by members of farming organisations who had major concerns about the financial implications of the measures proposed. There was a concern about farmers and farming families being open to maintenance and property claims arising from the break-up of civil partnerships. This is of particular concern to farming organisations in terms of the ownership of land and the incomes deriving from it. Concerns remain regarding legal liabilities and the consequences for the 120,000 cohabiting couples who will find themselves in a legal web. None of us wants to see another gravy train for the legal profession to exploit, imposing huge costs in an environment of diminishing resources. We must ensure that does not happen. The Bill also provides that a child whose parent is in a civil partnership will be treated the same for tax purposes as the child of a married couple. This means, for example, that children of civil partners and those of married parents will receive the same treatment in respect of inheritance tax. It is important to give proper recognition and status to children in these situations, not only in terms of legal obligations and rights but also in terms of protecting their social well-being. The Bill was strongly welcomed by the Gay and Lesbian Equality Network as a “critically important development for civil partners”. On enactment, it will provide certainty and security for the many same sex couples who have registered or are planning to register their civil partnerships. I compliment the Minister on bringing the legislation forward. I ask that he allow time for us to examine and explore all angles thoroughly in order that it will not fall into the sieve or black hole when legislative provisions become tied up legally and issues must be resolved at various levels of court proceedings. It should not become a punitive regime for the couples and families involved and, more importantly, the taxpayer. We have seen the delays in court proceedings in other matters and the sheer madness of associated costs, with little scope for the Taxing Master or anybody else to deal with the enormous bills incurred. Any couple is bound to receive differing advice from different law firms. I am not simply being boldly critical of law firms. They are needed and there are many good practices. However, I believe their prices to be exorbitant and no one is challenging that. I certainly do not wish to see the provisions of this Bill falling victim to nice remuneration for those institutions again. 329 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Deputy Catherine Murphy: I welcome this Bill, which obviously follows on from the Civil Partnership and Certain Rights and Obligations of Cohabitants Act. Ireland is a changing place when a Bill such as this receives support from all parties. That its passage through the Oireachtas is hardly noticed is greatly to be welcomed. However, its passage is noticed strongly by those whom it affects, that is, the people who have experienced deep inequality because of the manner in which they have been treated as citizens. Consequently, from their perspective, this Bill will have a real and important impact because of the financial benefits, but just as importantly because of the issue of equality. During the passage of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, there was some criticism that it was not accompanied by the financial provisions that would deliver on the practical and financial changes. It therefore is important that this Bill proceeds as quickly as possible and is completed fully by the end of this Dáil session. Clearly, the Bill is aimed at those who have entered registered civil partnerships, irrespective of whether that partnership is between a same-sex or opposite-sex couple. While many will continue to opt for an informal relationship, that is a choice for them to make, rather than being a result of a legal restriction preventing them from making such a choice. This Bill confers new rights and with rights come responsibilities. Therefore, the Bill properly contains provisions to deal with the tax consequences for qualifying cohabitants where the relationship ends and any maintenance obligations that subsequently arise. The shorter time afforded to recognition in cases involving a child or children is therefore welcome. While the main focus of the Civil Partnership and Certain Rights and Obligations of Cohabi- tants Act was on same-sex couples, it clearly had a much wider application and I am aware of opposite-sex couples who have availed of it in recent months. According to the background information provided by the Oireachtas Library, there were 2,090 same-sex cohabiting couples recorded in the 2006 census, compared with 1,300 in 2002. While the 2011 census will provide more up-to-date information, even at this point it may be worth considering the kind of questions to be included in the next census. It is only at times like this that it strikes one that these are questions that might be teased out or to consider what questions might be asked in future because the information one gets on the population’s profile and on patterns of family formation are important in the context of framing policy responses in the future. Just as Ireland is changing, so are other countries and table 2 in the very useful digest provided by the Oireachtas Library outlines the parts of the world for which foreign registered relationships are recognised. For example eight of the 50 states in the United States are included on this list but what will happen when more states need to be added? How will this be handled? Will further legislation be required or are other possible mechanisms in place? The protection in the Bill concerning children is welcome, in that equivalent tax treatment is provided for. The key issue for children, which always is much more than a financial matter, is they should be raised in a loving environment, irrespective of the legal status or sexual orientation of their parents. It is helpful that a child who was born before the Civil Partnership and Certain Rights and Obligations of Cohabitants Act came into force will be recognised and obviously this is provided for in this Bill. This removes a potential point of discrimination for the parent but just as importantly, children feel discrimination when such matters are discussed around them. I was a member of the Commission on the Family that was established on foot of the passage of the divorce legislation. At the time, there was considerable debate on how to define the family but that was rightly resisted by the commission. Instead, it opted to describe what the family should provide, which is a safe, nurturing relationship between its members. Obviously, healthy relationships for children lead to good outcomes for those children as adults and this always is what one should strive for when attempting to build a good society. 330 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Many informal relationships are informal for financial reasons, some of which arise from the social welfare code rather than the tax code and I acknowledge that the programme for Govern- ment includes proposals to address some of them. The important point is that when a relationship exists and in particular when children are involved, such a relationship should not be covert. Society should be ordered to ensure there is a solid relationship that should not be interrupted or interfered with by virtue of how our tax and social welfare systems are organised. A newspaper article and the budgetary provisions and impacts outlined in the Oireachtas Library digest indicate there is a potential cost to the State of €100 million arising from the enactment of this legislation. This underpins clearly the argument of those who sought these changes over many years that a sizeable financial penalty existed that comprised obvious discrimination. Consequently, Members should perceive this as a positive development. For many years, we feared the consequences of legally recognising relationships such as those between same-sex couples. It was only after a pattern began to emerge whereby society was well ahead of the political establishment that attention was drawn to the inequalities when a sufficient number of couples began to cohabit rather than to marry in the case of opposite-sex couples and because of the lack of a legal option for same-sex couples. It became an issue to be recognised in law because people were able to draw attention to the real and practical difficulties they were experiencing. It was almost a reactive rather than a proactive response on the part of the political establishment and I recall some of the arguments that were made around the time of the passage through the Dáil of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act. The House had two bites at the issue because when I was a Deputy between 2005 and 2007, a Private Members’ Bill was introduced by the Labour Party that I supported. However, the arguments that I considered to have the greatest impact were those concerning the real and practical difficulties. I obviously refer to those arguments made from a financial perspective and acknowledge the issue of equity is another question of great importance. However, those practical arguments were forceful and powerful because people could understand the difficulties being experienced. One might ask the question in 2011 as to what was all the fuss about, because a great deal of fuss was made on the subject over the years. However, my ability to make that point indicates just how accepted civil partnerships have become even within a short space of time.

Deputy Jerry Buttimer: Idtúsbáire, molaim an Bille seo agus glacaim mo bhuíochas agus mo comhghairdeas don Rialtas as an mBille seo a chur ar ChlárnaDála. Today is an important day as the Bill under discussion is important. It represents the culmination of many years of advocacy and campaigning and at the outset, I acknowledge and welcome the members of the Gay and Lesbian Equality Network, GLEN, who are in the Visitors’ Gallery and who have been pioneers in the elimination of discrimination in our society. I thank each man and woman in GLEN for the work he or she has done. Last year the Houses of the Oireachtas passed the Civil Partnership and Certain Rights of Cohabitants Act 2010. It heralded a new beginning and new era for our nation and its citizens. It proclaimed an Ireland that was proud and ambitious for the nation and for the people. As Deputy Doherty said, it was very good to be a legislator and, in no small way, it showed the importance of being a Member of this august House. No longer can we nor should we ignore the relationships of so many citizens, be they gay or heterosexual. We can never stigmatise or allow a stigma to be attached to any member of our society. The passing of this Bill and last year’s Bill will portray a genuinely inclusive Ireland, a country where all its political parties signed up to and voted for the Bill. I hope there will not be a division on this Bill. The Minister for Finance, Deputy Noonan, was correct in his presentation of this Bill as stand-alone legislation. It is too important to be an attachment or an addendum to other legislation. I welcome the fact the Bill will be retrospective in its treatment of people who registered 331 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

[Deputy Jerry Buttimer.] in April for civil partnerships. As Deputy Catherine Murphy noted, did we ever think it would be thus in 2011 with the human outpouring of joy, pride and love, not just in the celebration of civil unions but in the ending of discrimination and the ending of the treatment of people as second class citizens? This was a joy to behold. I had the pleasure of attending a civil partnership ceremony. It was memorable and personal, human and joyful. That day, a person congratulated me and my fellow politicians on passing the Bill. This demonstrated to me the power of politics to change lives. As politicians we can change lives and we can make a difference in order that people are treated better. I congratulate and wish all those in civil unions the very best. This Bill underlines the theme of equal or same treatment. When passed and signed into law, this Bill will bestow equal treatment for and will effect change in the lives of thousands of our fellow citizens. That change will not be at the periphery of life but at its heart and at the core of human relationships. This equality will not be a distant image or aspiration but will be a bright and shining star in the lives of couples, be they same sex or opposite sex, and it will make an immeasurable difference to their lives. This Bill is important. It proposes to regularise the tax system and it is enabling legislation to change existing tax legislation. However, it is all of this and also so much more. It is a declaration of progression and a statement of intent. The press statement from GLEN states: “It provides important certainty and security for the many same-sex couples who have registered or are planning to register their civil partnerships.” This Bill will give real and practical effect to the civil partnership legislation. I welcome the swift passage and publication of the Bill. It is not just a technical Bill, nor is it a complex financial Bill but one which allows civil partners to receive the same tax treatment as married couples. Neither is it just about the important elements of income tax, capital acquisitions tax, capital gains tax or inheritance tax. This Bill is about the lives of people and about the way people are treated by the State, be they men or women, gay or straight. It is about the advancement of all our citizens, men, women and children. The passing of this Bill will properly and correctly give effect to the taxation aspects of the civil partnership Act of 2010. It is a statement that this Government is continuing the work of the previous Government. Deputy Kelleher might note I have given the previous Government some elements of praise.

Deputy Billy Kelleher: They have been few and far between.

Deputy Jerry Buttimer: They are few and far between indeed.

Deputy Billy Kelleher: We warrant a lot more praise.

Deputy Jerry Buttimer: It is important that all politicians are united in a desire to treat all our citizens equally. We are privileged to walk into this Chamber and, as we do, we pass the Proclamation of the Irish Republic which states in clear, bold language:

The Republic guarantees religious and civil liberty, equal rights and equal opportunities to all its citizens, and declares its resolve to pursue the happiness and prosperity of the whole nation and all of its parts, cherishing all of the children of the nation equally.

These are not light words and nor were they written in a hurry, rather they were written with intent. Today we are putting those words into practical reality and this is to be welcomed. 332 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

In a modern interpretation, that alien government referred to in the Proclamation could be taken as referring to decisions and actions of this State and to the church and other bodies which have inhibited religious and civil liberty, failed to ensure equal rights and neglected to cherish all the children of the nation equally. This Bill is a welcome step to ensuring we continue our slow progression towards the equality that was eloquently set out in the Proclamation of Independence 95 years ago. Today we commence the legislative process to give real and practical effect to the newly introduced civil partnerships. We commence the process to allow registered same sex couples the same tax treatment as married couples. This is another step along the road towards equality. Last year when a Member of the Seanad I raised the issue of the church in society. For many years the church has dominated church-State relationships and on many occasions the State deferred to the church, not only on social and moral questions but also on many other issues, including educational issues. We have seen the legacy of this abdication of responsibility by the State, and society is trying to rectify some of the damage caused. However, not all aspects of the involvement of religion in Irish society have had a negative impact. The close-knit social fabric which we enjoy is often founded and based on the idea of the parish. Our health system has developed from the initial ground-breaking efforts of religious orders. Much of our education system was founded by the religious. There has been much good work. In recent years, society has led both church and State on progressive social issues. The policies and structures of both church and State have lagged behind the realities of life for many people. Today, the State is saying it is willing to play catch-up. I echo the comments made recently by Bishop Paul Colton the Bishop of Cork, Cloyne and Ross, when speaking at the Church of Ireland diocesan synod. He was addressing the alienation and marginalisation of gay people from their church. He said that clergy regularly visited the homes of parishioners, both gay and straight, during their parochial rounds and he hoped that pastoral support was being offered by way of prayer and blessing. He asked the question as to what now is to be the response of the church, pastorally and liturgically, in this new civil partnership scenario. This question should not be confined to the diocesan synod but rather needs to be considered by all churches, all religious groups and every sector of society. True Christianity should neither alienate nor marginalise people who are gay. Like the rest of society, gay people also share the same spiritual and religious beliefs. They should not have to suffer pain by the very same Christian community which espouses that the reign of God will be a kingdom of love, peace, and justice. Unfortunately, we have seen in recent years the many failures of this State to cherish all its children equally. Today we are ensuring another group of children will begin to receive equal treatment. For the purposes of tax, a child of civil partners will be treated in the same way as a child of a married couple. We are recognising the realities of family life for many children and those children brought up within caring and committed relationships by two caring and committed parents will be treated in the same way regardless of whether their parents are a married couple or civil partners. That is important. Children of State recognised unions will receive the same treatment for inheritance tax, gift tax and stamp duty. Today the State is recognising that parenting is not just done by married couples, single people or widowed parents, it is also done by same-sex couples. We are saying to those that choose to become civil partners and raise children within their relationships that society understands, values and appreciates their parental commitment. Equality for children of parents in a civil partnership should not be limited to equal treatment for tax purposes. The State must examine the options available to it to go even further towards cherishing these children equally. It should examine the available mechanisms for formally recognising the parental role of a non-biological parent. As Deputy Murphy said regarding the 333 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

[Deputy Jerry Buttimer.] previous census, we have seen that the number of same sex or cohabiting couples in the 2006 census increased from 1,200 to 2,090. I am sure the 2011 census will show a similar increase. It is open to all of the couples concerned to avail of the changes we are debating here today. GLEN has estimated that approximately 1,000 couples will avail of civil partnerships within the first year. That unveiling of joy, happiness, support and solidarity is what we bring to the House. I refer to the imagery of the front page of The Irish Times on Monday of an 18-year-old girl or young man who was beaten up. Our horror and shock would be rightly placed if such a person was heterosexual. In our society today there is still a homophobic attitude that needs to be changed. Last week a young man visited my office. He was chased from an establishment in a certain part of the country. He was caught and beaten up because he was in a gay pub and was gay. That is wrong and sends the wrong signal. I compliment Educate Together, INTO and GLEN for their primary school teacher course on homophobic bullying which will take place in July this year. We must live in a society where we are all free and equal and will be cherished by all organs of society. There can be no place for ambiguity or intolerance. The achievement of bringing this Bill to the House has taken many years of campaigning by the brave men and women of GLEN who are in the Visitors’ Gallery, previous and current Governments, politicians and advocacy groups. Groups and individuals have led society. They have educated it to the point that in this House last year, as Deputy Calleary said, there was unanimity. A minority voted against it in the Seanad. Our attitudes, I hope, have changed. The transformation in our outlook and attitude must be met, as Deputy Doherty said, not just with political rhetoric but with action. The action is contained in the Bill and the Minister’s statement today which allows for retrospection. We must spare a thought for the many people today who are not here and would be proud that our Legislature joined together in passing the Bill. We can never allow discrimination to continue in our society and the purpose of theBill is to provide the necessary change, as the Minister said, to the tax legislation. It is much more than that. It is about the gnáth duine, the ordinary person. We live in a new Ireland where the ignominious stigma of being gay is being removed today. It is imperative that we continue the advancement and together portray an Ireland which is ambitious, outward looking and, as Deputy Calleary said, will benefit internationally from the passing of the Bill, in the context of foreign direct investment which will make it easier for companies relocate here and attract people to the country. The Oireachtas has sent a strong signal that we are becoming a forward-looking diverse society. I commend the Bill to the House.

Deputy Billy Kelleher: I welcome the broad political support, as outlined by previous speakers, the Minister and debates in the other House, for the inclusion of the Bill on the statute books. It is timely and welcome. It could be argued that it should have happened some time ago. However, unfortunately it takes some time to bring some elements of society with us. It means that we have to coherently put forward the views necessary to bring more people with us. By conferring fundamental rights on a person or couple or group of people we do not under- mine the rights and entitlements of other individuals or groups of people. We have to get away from the idea that if we confer a right on a person by extension somebody else will suffer or have his or her entitlements and rights undermined. In this case, it could not be further from the truth. The Bill is welcome in the context of changes to the tax codes to assist cohabitating couples and those in civil partnerships and to provide them with equal treatment and rights. 334 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

I remember the debate in 1993 in the Seanad on the decriminalisation of homosexuality. It was quite contentious in certain quarters at the time and there was a great deal of opposition to it. I complement previous Ministers who piloted the legislation through the Dáil and Seanad. It was a fractious debate at times, in particular in political parties, but also on the floor of the Dáil and Seanad. We have moved a long way since then. We are now a pluralist Christian society which reaches out to every citizen regardless of creed, colour or sexual orientation. That is something I, as an Irish person, am proud to say. There was some resistance to moving such a long distance from where we began. We are a more mature and understanding society which wants to confer equal rights on all our citizens, and that is something the Bill does. The complexities of the tax code are quite amazing and only understood by a number of accountants. The Bills digest provides a summary of it. I refer to the broader terms of what we as a country and society can benefit from in terms of making sure that cohabitating couples and those in civil partnerships have the same entitlements and rights as married and unmarried couples. The principle that has been established is very positive. Speakers referred to Ireland being an outward-looking society, which was the case in recent times. We have come a long way in developing a pluralist Christian society which is outward-looking and can tolerate different religious and political traditions. This happened in the context of the Good Friday Agree- ment. It evolved and maturity was required in the Republic and in the North to understand that different traditions and viewpoints can be accommodated in harmony and that does not mean undermining the rights of another tradition. That principle allowed people of different persuasions to move a step further. Legislation such as this Bill also confers equal rights on citizens. This sends out a very positive signal internationally that Ireland is a tolerant, understanding and caring society which wants to cherish all its children and people equally and fairly. That has broader implications because people look to tolerant societies to work, live and rear families in. It is something from which we can benefit, in terms of bringing in people who have expertise and competencies and who may want to invest in the country, in terms of the provision of education, medicine and financial services. In every facet of industry and the services sector, people will then see Ireland as a place where they can live and enjoy the rights conferred on them. That in itself is a welcome aspect of this legislation. The information provided by GLEN shows that quite a sizeable number of people have, until recently, been discriminated against by the Republic’s laws or the lack of measures such as the Bill now before us. This Bill is not something to try and show that we are liberal, it is a momentous step to ensure that groups and individuals have full entitlements conferred upon them by right. Deputy Buttimer referred to the role of churches in society and their attitudes towards various minority groups. In some cases those attitudes have been negative, but in others they have been positive. Very often, religious groups interact with immigrant communities. The churches also provide support and services for vulnerable people who may feel alienated from mainstream society. While we may talk about being a pluralist Christian society, it is equally important to acknowledge that much work is being, and has been, done by voluntary organisations as well as Christian and other religious groups. On a daily basis, they interact with and assist vulnerable people who may feel they are not receiving their rights and entitlements. In the context of discussing historical issues, we should acknowledge that many positives things have happened also. Nonetheless, that does not obviate the need to ensure that proper investigating and reporting systems are in place when an institution is involved in abuse of any form. It must not be covered up and the State must have the full facts in order to deal with it. 335 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

[Deputy Billy Kelleher.] The law must be brought to bear on those who refuse to co-operate or assist with such investigations. Meanwhile, the State must investigate such matters and protect all its citizens. For many years, there have been concerns in that area with regard to the Catholic Church and the Catholic hierarchy. There have been many investigations into appalling cases of institutional- ised abuse of our youth and other vulnerable people. If we are to give people full rights and entitlements, the State must also do its utmost to protect citizens, particularly those who are vulnerable and alienated. In recent years, the State has acknowledged as much through Government apologies and, more importantly, via practical investigations and criminal prosecutions where necessary. For all those reasons, while discussing the church’s positive and negative roles, we must bring balance to this debate. GLEN has welcomed this Bill. Along with other organisations, it has been campaigning for a long time to have such a measure on the Statute Book. It was meant to be part of the main Finance Bill last year, but the general election got in the way. One could say the election got in the way of many things.

Deputy Jerry Buttimer: We are glad the Deputy is over there.

Deputy Billy Kelleher: I welcome the Bill and congratulate all those who campaigned for many years for what they saw as their basic rights. We are not conferring anything on them other than their basic human rights, so they can be seen as equals in the eyes of the law and of society as well. I am proud of the part my party has played in advancing that agenda over a number of years. I spoke on this issue in 1993, during the debate on decriminalising homosexuality. We allowed society to open up, engage with, understand and respect every individual in this country. I am proud of the role Fianna Fáil has played right up to the passage of this Bill, which will be on the Statute Book shortly. It will grant full entitlements and rights in areas such as taxation and inheritance. Equally, the legislation will protect children by conferring rights on them. The Bill covers sons, daughters and step-children. It also covers children adopted under adoption orders within the meaning of section 3(1) of the Adoption Act 2010, or children who are the subject of an inter-country adoption effected outside the State and recognised under the Act. The Bill confers rights on children, thus giving them protection as well as formalising relationships. It allows people to get on with their lives unhindered so they can participate in and contribute to society in a meaningful and dignified way. It will also give people an opportunity to express themselves in whatever way they wish without interference or fear. The vast majority of people in society are open and tolerant, but there is still an undercurrent or racism and homophobia in our country. We must continually be watchful against such attitudes. When the Celtic tiger was running around this island, there was an open attitude to everybody coming to our shores to work and assist the economy. However, when there is a downturn that attitude can change, becoming insidious and causing nasty undercurrents. It is sometimes used politically, without being stated directly. I find that deeply offensive to the views I hold and cherish. We are a tolerant nation and should welcome all peoples to our shores if they want to make a meaningful contribution to our society. All political parties have a duty to ensure that undercurrent is not exploited, as it is sometimes by individuals who may want to advance themselves by playing to the lowest common denominator, stirring up deep, inner human fears. At times we must suppress such fears in order to promote a more tolerant view of all those who live on this island, including immigrants. As we have seen from rioting in Belfast over the last two nights, there is concern that intolerant attitudes can spill over. It has also happened in this jurisdiction where people have 336 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed) been attacked or even killed because they are not Irish, look different to the majority or come from other countries. We must be careful and conscious of such matters, while continuing to nurture our tolerant society. The country must be encouraged to move in that direction, thus ensuring that all traditions, views, orientations and nationalities sharing this island will feel safe. They should be confident to express themselves as they wish, provided they comply with the laws of the land. I commend the strong sentiments of support by everybody in the House for this Bill. There is also broad political support for this measure in the Seanad. It deserves nothing less than such support as it basically ensures that every individual is respected equally in the eyes of the law. I commend the Bill to the House.

Deputy Dominic Hannigan: Bearing in mind that it is teatime, I thought it appropriate to share time with Deputies Tom Barry and John Lyons.

An Ceann Comhairle: All right.

Deputy Dominic Hannigan: I welcome the opportunity to speak on this Bill. Last year the Oireachtas introduced legislation that recognises same sex partnerships. I was delighted to speak in the debate on that legislation in the Seanad and I was also delighted with the support it received across all parties. This Bill builds on that legislation and again there is overwhelming support for it. In the period following the introduction of the civil partnership legislation, a number of couples entered into civil partnership arrangements. The first was Mr. Barry Dignam and Mr. Hugh Walsh a few months ago. By the end of this month almost 300 people will have entered into civil partnerships, many of whom would have been waiting quite a long time to have their relationships recognised by the State. This Bill gives them equality in regard to financial affairs and, perhaps more importantly, it extends tax rights to children of same sex partnerships. This is the first time the State recognised a same sex family unit. Interestingly, throughout consideration of this legislation my office has not received one e-mail or telephone call with a complaint about it. It shows that Ireland as a nation has moved on significantly in recent decades. The children of civil partners will be given the same tax treatment as the children of a married couple and that includes step-children, adopted children and, in some cases, foster children. They should not be made to feel any different just because they grow up in a same sex partnership unit. This is good news and it marks the grounds for better rights for children across Irish society. The legislation is also a great step forward for young LGBT people. Last week I spoke at an information night in County Clare at which there were many people from across the community. There were young lesbians and young gay men there. The message from them was that they wanted to make sure that there was equality in society and that they got great strength from the steps and strides that have been taken in legislation in recent years. This legislation shows them that they no longer have to feel isolated and that they are being treated the same as anybody else. The legislation will help to change social attitudes across the country. This is not the end of the road as far as gay rights goes. We got a commitment in the programme for Government to bring the issue of same sex marriage before a constitutional convention and I look forward to doing that in the coming months. I hope that will happen within the lifetime of this Government. That question will ultimately be up to the people to decide but I welcome this legislation. It is great news. I compliment not only the current Government but the previous Government on their commitment to this measure and for the 337 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

[Deputy Dominic Hannigan.] strides they took during the term of the previous Dáil to ensure that this legislation would see the light of day.

Deputy Tom Barry: I welcome the Bill and, more to the point, the spirit of it. We would all like to believe that Ireland is now a pluralist society, one that is outward looking and that respects the rights, the basic rights of every person within it. It gives rights which should have been enshrined already to same sex couples and cohabiting people. There is no marginalisation of the gay community. It also confers protection on children, which is good and must be welcomed. I would like to discuss the cohabitation element of the Bill. I have a minor concern about it, especially with regard to the redress scheme for cohabiting couples. The legislation is vague in the sense that it requires that couples must have lived together for two years if they have no children or for five years if there are children involved. Where there are no children involved, how can anybody prove when the relationship started? Then we move into the delicate area of an intimate and committed relationship. It appears this is the first time that the lawyers will have to get a peek under the sheets because otherwise how does one prove that a relationship is intimate and committed? The farming communities have discussed the spy in the sky but now we have the spy in the bedroom. This aspect needs a little more attention. There are concerns among the farming community about this aspect. While farmers earn a living off an asset, it is an asset that is to be transferred to the next generation; it is not normally to be sold because once it is sold, there is no future in farming for the family concerned. However, cohabitants will have access to the redress scheme and rulings will be made on dividing properties, pensions and pensions from a deceased’s estate. If a relationship has ended two years previously, it will not be taken into account . We must consider this element in a sensible fashion. We do not want such provision to result in the collapse of rural employment and family farms in such circumstances. Obviously there is divorce here and break-up happens. It is the uncertainty with regard to cohabiting couples in this respect that is a cause of concern among the farming community. The IFA has said that it would like the redress scheme to be an opt in rather than opt out agreement. We discussed the fair deal scheme last week, to which thankfully everyone concerned once again has access Five percent of the value of a person’s dwelling house is taken for three years and that person enjoys the benefits of the fair deal scheme. In the context of farming, it is not only the dwelling house but the complete assets of the property that are taken into account, which can be very significant and down the line it can end up in a debt being owed to the tax- man which the farm will not be able to sustain. The inequity in the fair deal scheme exists between the farming community and the non-farming community and it will need to be sorted out at some stage because one section of the community should not pay more or be mar- ginalised simply because they are engaged in farming as against some other job. To avoid this situation occurring in agriculture, older couples are handing over their property to their son or daughter and they are doing it in good time. The five year rule will not apply if it has been handed over in good time. However, under this rule, if a farmer hands over his farm to his son or daughter, who has been in a relationship for five years or more and that relationship does not work for all the reasons relationships do not work out at times, there is a potential for a significant claim on that property. The young couple concerned would not have entered into a relationship for it to break down and the older couple involved would not have dreamt of passing on the farm to put their retirement in jeopardy, but it is a possibility. This provision sends out all the wrong signals. This brings us back to my initial point of how do we prove when a relationship started. Young people meet, they may go out for a while, 338 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed) then break for a while and then get back together. It is not an exact science and, thankfully, it never has been. A young couple may say they met in 2005, it did not work out and they got back together in 2006. They may say they are five years in a relationship and the legislation contains a five year provision. If we are to be specific, we will have to specify if a relationship began when a couple initially met or when they met again after breaking up, or how will it be defined? Then comes the interesting part, who will say: “Yes, we were very intimate and committed”? One person might say yes and the other might say no. “Intimate and committed” may mean different things to different people. If people were asked 20 years ago whether they were intimate, they might have said yes, but we might consider they were casual friends. It has become a little too complicated for my liking. No doubt, there are lawyers who are licking their lips and relishing the prospect that the Celtic tiger might restart.

Deputy Bernard J. Durkan: That is right.

Deputy Tom Barry: We are off again, just as the Moriarty and other tribunals are finishing. This issue must be recognised as a potential weakness in what is essentially a good Bill. The position is terrible. Obviously, we are all anxious to ensure our people are regarded as equals and that they can continue to live in Ireland, regardless of their sexual orientation. It is welcome that civil partners will receive the same tax treatment that has been availed of by 5o’clock married couples for many years in respect of income tax, stamp duty, capital acquisitions tax, capital gains tax and VAT. This is commendable. However, introducing this element of uncertainty will see older couples, for example, becoming afraid to enter the fair deal scheme or hand over property. This might not just apply to farming; it might also affect small businesses, of which there are approximately 200,000. We are always encouraging such businesses to hire someone extra because if each of them employed just one more person, we would halve the numbers in the dole queues, which would be fabulous. However, we must recognise that small businesses are fragile. If we include something in the Bill that could put one quarter of them in jeopardy by making them split their assets, employers of two, three, four or ten people might stop doing business. As such, those affected will include not just older couples but also the innocent families working for the particular farms or small businesses. They may find themselves in the dole queues through no fault of their own. At a time when every job is precious, we must be careful not to introduce a measure that could create even the slightest doubt about the possibility of businesses failing. Imagine a young couple who have been going out with each other for a year. They have no commitments to each other and are probably afraid to ask each other to commit. They are seeing how things will go. If the woman arrives at the other person’s home believing they are going to dinner but he asks her to sign something in order to opt out, she will look at him and say he must be codding her. That would be the end of their relationship. That would have happened in my day. The farming community has highlighted a serious matter. A farmer might have large assets while still making progressive losses. Farming was the only industry that suffered negative benchmarking in recent years.

An Ceann Comhairle: The Deputy’s time is nearly up.

Deputy Tom Barry: I have nearly made my point. In case I land myself in hot soup over intimate and committed relationships which I was about to explain——

Deputy Bernard J. Durkan: Including the Deputy’s own. 339 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Deputy Tom Barry: I will pass.

Deputy John Lyons: I will be brief, but my points will be succinct and important. I have only chosen to contribute to this debate because I am one of two openly gay Deputies — I thank the Sun and so on — and could be criticised either way, that is, I could be criticised if I do not say anything or even if I do. The progress made in respect of civil partnership reflects the profound social changes in our society. In 1993 or 1994 people like me technically could have been locked up for being gay. It is brilliant that we have moved on. Many outside the House feel the same way. I welcome the discussion on the Bill, particularly during pride week, which is about celebrat- ing and being proud of who one is as a person. Tomorrow I will open a pride event, an open air gig in the Reco, the local youth facility in Ballymun. In 2011 it is great that a Deputy has been asked to attend a pride event, in this case an open air concert, organised by a young people’s institution. This says something about how society is advancing in many corners, which is to be welcomed. I am not advertising what I am doing this week, but I will be on the Labour Party bus in Saturday’s pride parade. Everyone I will meet at tomorrow’s pride gig in Ballymun and on Saturday will be pleased when I relay the heartening words spoken in the Chamber about the Bill. The cross-party support received is also heartening and I hope it will continue in dealing with further issues relating to same sex couples. The Bill and the civil partnership Act 2010 are part of a process of addressing an issue of inequality that, having manifested itself in society in many ways, is being consigned to history. The changes in legislation and to the tax code are official recognition of the great change our society has undergone in recent years. It is official recognition of the many years of work of a host of people who have sought a more equitable and inclusive society. The Bill is important in that it will ensure civil partners will receive the same treatment as married couples in tax matters. It provides for tax relief for the children of civil partners, including on inheritances, gifts and stamp duty. Perhaps more importantly, it contains measures, whereby a child whose parents are in a civil partnership will be treated the same for tax purposes as a child of a married couple. The tax changes, coupled with the recognition given in the civil partnership Act, will give couples in loving relationships certainty and security by recognising their commitment to each other. This is a progressive society and we all benefit from greater equality. The Bill and the progress it recognises make a statement about our values and how we recognise diversity in society. I will conclude on a point I found helpful. Just after being elected and following mainly positive stories run by a couple of newspapers concerning me and a fellow Deputy, I received nothing but positive responses. One written response came from a middle-aged gentleman in Kimmage or Crumlin whom I did not know. I did not realise the impact of the two articles until I started to receive letters in response. One of the gentleman’s comments was that, because of me, many around the country were walking taller that day. The Bill allows many people to walk taller, to feel equal and valued as first class citizens. I look forward to other developments in this regard.

Deputy Jonathan O’Brien: I join previous speakers in welcoming the Finance Bill before us. I congratulate the various groups and individuals who have for many years campaigned for equal treatment and rights for gay and lesbian people living in this State. It is clear, having listened to the debate thus far, that no Member will vote against this legislation. It will have the approval of all sides of the House, which in itself sends out an important message. Deputy Buttimer mentioned that there remains within our society people 340 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed) who are homophobic. That all 166 Members of this House support this legislation sends out a powerful message, one which must be strongly portrayed. There is no place in Irish society for homophobia. It is our responsibility to challenge and educate anyone who holds such views. Sinn Féin has always supported socially progressive legislation and will support this Bill. We would like to see further legislation on issues such as civil marriage and transgender recognition brought before the House. These issues need to be progressed at the earliest possible opportunity. This is in keeping with the spirit, ideology and practice of Republicanism in terms of promoting equality among all citizens. I commend a number of provisions in the Bill which will progress the rights of civil partners, giving them the same rights as married opposite sex couples in terms of taxation. Like most enlightened and progressive legislation, it is to be welcomed but it is not before its time. People have been waiting a long time for this legislation. Finally, it is before us, which is a reflection on society in general. We are maturing, which is good. This Bill provides that people in civil partnerships can now be jointly assessed for income tax and will not be liable for inheritance tax and so on. The security and certainty many of us have taken for granted are now being extended to civil partners. Same sex couples who have registered or are planning to register their civil partnerships will also be covered by this legislation. We need to address the issue of citizenship applications for civil partnerships. An applicant involved in a relationship with an Irish citizen should be recognised on the same basis as an applicant who is married to an Irish citizen. This issue requires further debate. To that end, I call on the Minister for Justice and Equality to follow through on his promise to amend the legislation in that regard. Also, I hope he will ensure that the proposed immigration legislation will introduce parity between same sex couples and married couples. A much needed and welcome aspect of the Bill is that which relates to the children of civil partners, as mentioned by the previous speaker. This Bill puts them on the same footing as children of a married couple from a taxation point of view. Up to now children of same sex couples did not qualify for the same inheritance rights as did children of a married couple. This compounded the loss, with serious financial implications. I welcome this provision. The inclusion of children of civil partners in this Bill was brought about by the increasing number of children being parented by same sex couples, which in itself highlights the need to begin the process which will eventually lead to same sex couples being allowed to adopt children. We should actively work towards that. Sinn Féin believes that decisions regarding adoption must always be made on the basis of love, care and environment. They are the standards by which we should judge any adoption. A decision should never be based on whether a couple wishing to adopt is of the same sex. If we are truly to live up to the Republican ideals which many people in this House from all sides have down through the years claimed to aspire to, then we need to ensure there is equity in all aspects of society and adoption is one such aspect. Sinn Féin has actively supported all legislation based on regularising the legal framework for same sex couples, including the CivilPartnership and Certain Rights and Obligations of Cohabitants Act 2010 and the rights of cohabiting couples and will continue to do so. Our only difficulty is that we have not progressed as much as we need to in terms of civil marriage and same sex adoptions. I welcome the Bill. It is not often that a finance Bill receives unanimous support in this House, which in itself sends out a message. There is a certain irony in that it has taken an issue such as this to bring us all together to support a finance Bill. It will be a long time before another finance Bill receives the unanimous support of this House. I look forward to progressing to next step of this journey. 341 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Deputy Bernard J. Durkan: I welcome this legislation and I am glad to have an opportunity to speak on it. This legislation records progress in this area in recent years, including in discussion inside and outside this House and in terms of the evolution of our society. It also shows a commitment to fairness. The programme for Government commits to fairer government, which is important at this time and for future generations. We must be seen to legislate in a manner that is fair to all in so far as is possible. There may be people throughout the country who have concerns or have expressed concern about the contents of this Bill and the CivilPartnership and Certain Rights and Obligations of Cohabitants Act 2010. However, we must accept that society moves on. Whatever happens in society, we need to be able to put in place legislation to provide for, assist and guide when necessary, which is what is being done in this Bill. As Deputy Barry stated this is a hugely complicated issue in terms of inheritances, dissolution of partnerships and so on, which should provide happy hunting ground for our friends in the legal profession who will no doubt view this as fertile ground for future discussion. However, we will deal with that then. We have all been approached by constituents involved in a relationship for a long time, be it with a same sex or opposite sex partner, who have contributed to society, the taxation system and complied with the laws in all ways but who could not obtain the same tax allowances or concessions as a married couple. Marriage is a sacred institution. It is important for everybody and is something which society needs to hold on to, cherish and support. However, society changes. We cannot, nor should we, as legislators attempt to force society to go in a particular direction. Up to now people in partnership arrangements could not obtain the same tax relief as others. That, in turn, became a disincentive to the formation of a proper partnership and commitment, which was the most serious element, and the law was virtually an encouragement to one or other partner to go their own separate direction and to plead, rightly, that he or she was not being treated equally within the laws of the State. The Constitution goes to considerable pains to set out the need to cherish the children of the nation equally, and I am one of those who believes this means all of the people. It is a point of which we need to be always cognisant. Deputy Barry gave an interesting dissertation in regard to the definition of a partnership, whether it be a same-sex or opposite-sex partnership. A definition can be difficult to find, which may lead to some interesting cases being fought out in the courts. It will lead to situations where lawyers will have to be paid handsomely in order to determine, having due regard to the Constitution, the interpretation the law should take in the future. While I understand there are proposals in this regard, I hope some means can be found to bring the costs in such situations within the means of the individuals, whether they be wealthy or not so wealthy. Everybody is entitled to the same treatment under the Constitution. It should not be something that is available to some person or group because that person or group can afford it. These changes in our laws must be available to everybody and must be within their rights. We must not have the nonsense of recent years, whereby a person who qualifies gets what they seek but a person who does not qualify does not get what they seek, which is to treat people differently under the Constitution. We cannot have that kind of nonsense. Deputy Barry made interesting references to business and to farming. To consider a different issue, let us consider the question of entitlement to a local authority house. To be fair to the local authorities they have over recent years accepted the existence of partnerships and cohabiting, although it took a while for them to do so. However, problems can arise in certain circumstances, particularly, for example, when the establishment of the partnership or cohabiting relationship clashes with the Department of Social Protection’s interpretation of partnership or cohabiting. 342 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

I am sure many Members of the House have experience of the following situation. Two people apply to the local authority and are deemed to be accepted for re-housing despite living in separate houses, perhaps with their parents, relatives or otherwise. They have made the application jointly, as they are entitled to do under the law, because, otherwise, they would never be able to move forward and would have to stay at home forever, unless they are in a position to rent privately first. While I do not blame them, there is now a tendency for officials of the local authorities and the Department of Social Protection to interpret such a couple as cohabiting, and thereby to determine their entitlements to social welfare. This is a problem that must be dealt with. If we are serious about what we are doing, we must accept the right of the couple at some stage, when they obtain a local authority house, to achieve what they see as the ultimate. Although it does not apply to this legislation, there is a current tendency for well-meaning people to say “We cannot afford that”. While there are many things we can no longer afford, the lack of money and resources should not be a means of reducing people’s rights and entitlements. If they are entitled to something, they are entitled to it, and there is no good saying we do not have the money for it. The amount of money can be reduced to ensure there is enough. As we know, this was done by the previous Government and the current Government, and will have to be done by subsequent Governments in the coming years. While there is a tendency to say “We cannot afford that”, the law must be observed. If we are a fair society and treat people equally, we must observe the law and ensure this Bill is applied equally and fairly, and that it does not create pitfalls, obstructions, loopholes or poverty traps further down the road. The changes in the whole area of tax credits and allowances must be welcomed. We all know of cases where people could not claim, for want of a better description, family tax credits because of the situation in recent years. Thankfully, this has been addressed and, hopefully, the future position will be satisfactory. We must remember other important issues. Legislators will always be judged on the way they respond to the needs rather than the demands of society. There is a huge difference between demands and needs, and between what is required and what is purely and simply something people might like to have. As we become more conscious of these issues, it is very important in the event of there being loopholes, obstacles and difficulties — I know case law will establish certain points — that amending legislation will deal with those issues as they arise, not ten or 15 years down the road. There is a tendency to spend ten or 15 years talking and thinking about these issues, and turning them over in our minds. While I accept a certain amount of time is desirable in order to allow debate, we should not allow a situation to prevail whereby the law treats people unfairly or the legislation fails to acknowledge the existence of certain needs when they arise. There will be many more such needs in the future and it is hoped we can provide for them. Schedule 1 contains the technical amendments to the Taxes Consolidation Act 1997 required as a consequence of the passing of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. This material is in a table showing the legislative reference, the current text of the legislation and the replacement text. It is a complicated area, as Members will readily recognise. We hope the examination has been thorough and that the indexing has been effective and adequately linked to ensure no aspect is omitted or ignored. The normal procedure is that the Minister would list any such omissions at a later stage in the House, if necessary. Stamp duty is also dealt with. Section 2 and Schedule 2 give effect to the changes necessary to the Stamp Duties Consolidation Act 1999 to introduce the tax changes required as a consequence of the passing of the Civil Partnership and Certain Rights and Obligations of Cohabi- 343 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

[Deputy Bernard J. Durkan.] tants Act 2010. I hope that this issue will be adequately and thoroughly indexed to ensure no unexpected pitfalls face the people affected. It is important that we, as legislators, legislate for the needs of our society in good time and in such a way as to ensure we do not become divorced or separated from society or unrepresent- ative of society, because that would be very sad. Democracy is important and, in a democracy, everyone has rights and entitlements. The first right is the right to vote and elect those we wish to have represent us. It is the duty of the representatives to reflect the views of the people in so far as that can be done. They must balance one against the other, not exclude one at the expense of the other, and thereby achieve and attain a fairer and a just society.

Deputy Brendan Griffin: I would like to contribute on behalf of people who contacted me during the election campaign and since I became a Deputy for Kerry South. I welcome the Bill. It is remarkable that there is such cross-party support for a Finance Bill but it is a significant step in the right direction for our society. It is a good day for the country. The legislation’s provisions relating to children of civil partnership couples are also important. I acknowledge the work of the previous Administration on this legislation. I hope we can continue in the right direction. We have come a long way over the past 20 years as a society and I hope we can achieve further equality and positivity in future legislation.

Minister for Finance (Deputy Michael Noonan): This Bill provides for amendments to the taxation Acts that are necessary as a consequence of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, commonly referred to as the civil partnership Act. The legislation provides for the taxation treatment of persons covered by the civil partnership Act and is the fulfilment of a promise in the programme for Government. It can be seen, therefore, as helping to implement the underlying thrust of the civil partnership Act. The Act established a scheme of registration of civil partnerships for same sex couples together with a range of rights and duties consequent on registration, including in regard to maintenance, shared home, succession and pensions. A civil partnership ends only on the death of a partner or on dissolution of the partnership by a court. The Act also provides that the Minister for Justice and Equality may give legal recognition to civil partnerships which have been registered in other jurisdictions and which are similar in nature to Irish civil partnership registrations. The Act also created a cohabitant’s redress scheme for same sex and opposite sex cohabiting couples, giving protection to an economically dependent party at the end of a long-term cohabiting relationship where the couple has not chosen to marry or to register in a civil partnership. In addition, the Act gave legal recognition to cohabitant agreements enabling same sex and opposite sex cohabitants to regulate their joint financial affairs. The legislation was extensively debated in both Houses of the Oireachtas. It received all-party support and was enacted in July 2010. The necessary amendments to social welfare legislation arising from the civil partnership Act were provided for in the Social Welfare and Pensions Act 2010. This Bill will change the way people in registered civil partnerships are treated for tax purposes. Registered civil partners throughout the country will look to exercise their new taxation entitlements. I assure the House that work has commenced in preparing Revenue local offices to deal with requests and queries from civil partners. The Revenue Commissioners have developed a network of officers nationwide who have been trained on the implications of the new legislation and who are on hand to ensure issues can be dealt with promptly in the Revenue’s local offices. 344 Finance (No. 3) Bill 2011: 22 June 2011. Second Stage (Resumed)

Providing clear and correct information to the public about the impact of new legislation is another important undertaking. It is essential that people are correctly informed of their rights and obligations arising from new legislation. To this end, Revenue has worked closely with the Gay and Lesbian Equality Network to ensure the dissemination of information and clarification and to provide a focal point for addressing issues of concerns and answering queries. It behoves every Deputy, all tax practitioners and the media to give the correct information about this Bill to the public and to ensure people are not misled. In general, the changes in this Bill will be effective for the year of assessment, 2011, and subsequent years. Inheritance, gift tax and stamp duty reliefs will apply from 1 January 2011.

I pay tribute to the Revenue Commissioners and the Office of the Attorney General, which worked together to draft the Bill. It was no small task to analyse the entire tax code and to draft a Bill to amend the Taxes Consolidation Act 1997, the Stamp Duties Consolidation Act 1999, the Capital Acquisitions Tax Consolidation Act 2003, the Value-Added Tax Consoli- dation Act 2010 and other taxation legislation that requires amendment arising from the enactment of the civil partnership Bill. They have also taken a proactive approach with various lobby groups to help people with the new arrangements.

I am aware that articles appeared in certain newspapers in recent weeks claiming that this Bill would ensure that cohabiting couples would receive the same income tax treatment as married couples or registered civil partners. These articles also estimated enormous costs to the Exchequer as a result of this treatment. They were not correct and they may have confused some people. The newspapers involved were contacted by my Department and the journalists in question were informed of the correct position. The articles were based on the misconception that the taxation changes would give cohabiting couples similar treatment to married couples or those in a recognised civil partnership.

I thank Deputies Michael McGrath, Kelleher and Calleary for welcoming the Bill. I agree with Deputy McGrath that it is a landmark Bill and demonstrates the changes and growth in society over recent years. I also hope, as Deputy Calleary has suggested, that the passing of this Bill will improve Ireland’s reputation throughout the world and also assist in our economic promotion. I thank Deputies Doherty and Mattie McGrath both for their praise of the Govern- ment in bringing the Bill before the House in such a short time and their general support for the Bill.

I also thank Deputy Catherine Murphy for her support for the Bill. I would like to clarify for the Deputy that the maximum income tax cost of this legislation will be €3 million per 1,000 couples who register for civil partnership. I am grateful to Deputy Buttimer for his contribution to the debate and for his strong support for the Bill. Deputy Barry generally supported the Bill but also raised issues outside its terms which relate to the civil partnership Act. I will ask the Minister for Justice and Equality to reply directly to the Deputy on these issues. I acknowledge the support of Deputies Hannigan and Lyons for the Bill.

This is important legislation. It provides for the necessary taxation changes to the tax code as a consequence of the civil partnership Act of 2010. It is effective for this year and it will help registered civil partners to get on with their lives. I thank all those who contributed to this debate. These contributions are always welcome and they enrich the debate. I look forward to a constructive and informed discussion on Committee Stage.

Question put and agreed to. 345 Workers’ 22 June 2011. Remuneration: Motion

Finance (No. 3) Bill 2011: Referral to Select Committee Minister for Finance (Deputy Michael Noonan): I move:

That the Bill be referred to the Select Committee on Finance, Public Expenditure and Reform pursuant to Standing Order 82A(3)(a) and (6)(a).

Question put and agreed to.

Sitting suspended at 5.40 p.m. and resumed at 7 p.m.

Private Members’ Business

Workers’ Remuneration: Motion (Resumed)

The following motion was moved by Deputy Clare Daly on Tuesday, 21 June 2011:

That Dáil Éireann:

noting that:

— the Report of Independent Review of Employment Regulation Orders and Regis- tered Employment Agreement Wage Settling Mechanisms by Mr. Kevin Duffy and Dr. Frank Walsh to the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, concludes inter alia: “We have concluded that lowering the basic JLC rates to the level of the minimum wage rate is unlikely to have a substantial effect on employment” and “we conclude that it is not accurate to suggest that the body of primary employment rights legislation currently in force adequately covers matters dealt with by EROs and REAs”;

— according to the OECD, Ireland suffers from some of the highest levels of low pay; over 21% of full-time employees are low paid, compared to a Eurozone average of 14.7% and European Commission data show that labour costs, including wages and employers’ contributions, in the food and accommodation sector in Ireland are 6% below the EU 15 average;

— very many people covered by Joint Labour Committee-Employment Regulation Orders, JLC/EROs, and Registered Employment Agreements, REAs, are vulnerable people such as immigrants and young people and those working in small employments not amenable to trade unionisation;

— the majority of workers covered by the JLC-EROs and REAs system are women and that any reduction in remuneration in this sector will widen the gender income gap contrary to national and EU policy;

— due to the serious and disproportionate reduction in male employment, female workers form a higher proportion of primary bread winners and that reduction in female earnings would have a major impact on household and child poverty contrary to national and EU policy;

346 Workers’ 22 June 2011. Remuneration: Motion

— reduction in the remuneration of already lowly paid employees will result in a reduction in revenue to the State through PAYE and VAT and will lead to an increase in claims for family income supplement payments;

— any reduction in remuneration to employees covered by JLCs and REAs will transfer income from the lowly paid to employers and-or investors, including some large multi- national companies;

— any reduction in remuneration to affected employees who spend their entire income in Ireland will reduce demand in the economy and accelerate the elimination of jobs caused by the policies of the previous Government and the support by the current Government for the measures contained in budget 2011;

— it is this reduction in demand in the economy that is destroying jobs, not JLC-ERO rates; and

— any provision for derogation from JLC-ERO and REA rates of remuneration in individual employments is likely to lead to a collapse of the system as a whole and the reduction of already low wages generally, further reduction in demand and increased job elimination in the economy as a whole;

deplores any proposal of the Minister, Deputy Bruton, to enact any of the following measures:

— reduction of JLC and-or REA rates;

— reduction or abolition of extra pay for working unsocial hours such as on a Sunday;

— allow employers to claim “an inability to pay”;

— reduction in overtime rates;

— removal of protection for young workers under 18 years of age;

— removal of annual increases for years of service;

— removal of recognition of craft grades;

— reduction of the number of EROs and end coverage of working conditions such as sick pay; and

— allowing employers not to keep proper employment records, which would make it easier to evade the law; and

calls on the Government as a whole to abandon these measures and believes that if Labour Party Deputies in particular vote against this motion, they will be in breach of the principle of solidarity with the lower paid and the best traditions of Larkin and Connolly.

Debate resumed on amendment No. 1. 347 Workers’ 22 June 2011. Remuneration: Motion

To delete all words after “Dáil Éireann” and substitute the following:

“noting:

— that this Government reversed the recent cut in the national minimum wage within its first three months in office;

— that the restoration of the national minimum wage is the result of negotiations by the new Government with the EU-IMF, because it is committed to a fairer approach to solving our country’s difficulties;

— the commitment in the Programme for Government, and in the revised Memorandum of Understanding (MOU) with our external partners in the European Commission, the ECB and the IMF, to reform the existing Joint Labour Committee (JLC) system;

— that the Report of Independent Review of Employment Regulation Orders and Registered Employment Agreement Wage Settling Mechanisms by Mr. Kevin Duffy and Dr. Frank Walsh recommends a ‘radical overhaul’ of the system to make it ‘fairer and more responsive to changing economic circumstances and labour market conditions’;

— that this Government will continue to support fair terms and conditions for the lowest paid workers, in the context of more modern, flexible wage-settling mechanisms;

— the huge competitive pressures and the catastrophic collapse of employment in many businesses in the sectors affected; and

— the opportunity for employment creation in the sectors affected, particularly in the labour intensive tourism area;

endorses the need for reform of the JLC and Registered Employment Agreement (REA) systems;

endorses the process of consultations undertaken with the social partners; and

supports the introduction of a balanced set of reforms at an early date.” —(Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton). Deputy Seán Crowe: I wish to share time with Deputy Peadar Tóibín. I thank the Technical Group for giving us the opportunity to speak on this hugely important issue that affects a great number of families throughout the country. I wish to put on record that Sinn Féin will vigorously oppose any attempt by this Government to abolish the joint labour committees. This reprehensible and shameful policy is directed at some of the most vulnerable people working in this State. It is immoral and wrong that the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, should even consider introducing measures that would result in low-paid workers having their meagre wages reduced further. These proposals are being considered at a time when the cost of living is spiralling through the roof and the gap between rich and poor is always widening. 348 Workers’ 22 June 2011. Remuneration: Motion

Earlier this month I was part of a Sinn Féin delegation, including Deputies, which met in Leinster House with trade union officials and workers employed in the service sector who were campaigning courageously to retain the JLCs. At that meeting we made clear our determination to oppose the implementation of what we see as aggressive change in employment legislation which would have far-reaching implications for thousands of families. The findings of the Duffy- Walsh review into JLCs and registered employment agreements, REAs, must be published without delay or further equivocation by the Minister. As Dr. Michelle O’Sullivan, an industrial relations expert at the University of Limerick, told the Commercial Court in March, the conditions that led, some 60 years ago, to the establishment of a system for setting minimum pay and conditions for 190,000 vulnerable low-paid workers still exist. It is also the case that only six of every 100 workers in the catering sector are members of trade unions. The joint labour committee system provides a negotiating forum for workers who would otherwise be denied a voice. JLCs are an important mechanism for protecting the wages and conditions of low paid workers who, for the most part, earn under €10 an hour and are already scraping the bottom of the pay scale. If they are abolished there would be a disproportionate impact on women, many of whom are employed in the service industries. The big worry is that, without the proper checks and balances, there will be a dramatic increase in the working poor. More families will be subjected to abject poverty and low-paid workers will be forced into competing with one another as they race to the bottom. The big fear is that the Minister, Deputy Bruton, will ignore the findings of the Duffy-Walsh report and plough ahead to end wage protection for those on low incomes. This is a policy that makes no sense on many different levels. It will greatly reduce people’s spending power, with resulting implications for the local economy. It will also force low-paid workers into the social welfare system where they will become more dependent on the State as well as decreasing the country’s tax base. It is important to dispel the myth that abolishing JLCs will increase competitiveness. This is simply untrue. The reality is it will result in a race to the bottom with employers being given the freedom to pay wages that are ever more derisory. Most ethical employers will be obliged to follow suit in order to compete. The JLC system not only benefits vulnerable workers but also ensures employers are guarded against unscrupulous business rivals who undercut wages, an action that very quickly leads to an erosion of standards in areas such as catering and the security industries. Sinn Féin is not against reforming and improving JLCs and REAs but we will not accept vulnerable sections of our society being made to pay for the greed of bankers and developers. Neither will we support changes in employment legislation that will further increase the gap between those who are well paid and low-paid workers who have never had the chance of a decent wage.

Deputy Peadar Tóibín: Go raibh míle maith agat, a Cheann Comhairle, as an seans bheith ag labhairt anseo agus ba mhaith liom mo bhuíochas a thabhairt don Technical Group freisin. Many Members on the seats opposite would have entered Government with the view of being involved in evidence-based policy development. Unfortunately, however, that noble idea was jettisoned very quickly after entry to government. As Members will know, a report was commissioned — the Duffy-Walsh report. This states early in its content: “We have concluded that lowering the basic JLC rates to the level of the minimum wage rate is unlikely to have a substantial effect on employment”, and goes on to state, “We have investigated the size of the wage differential in some detail and do not find evidence of substantial wage premiums”. The report states further, “Even if we err on the side of the strand of literature that finds the largest negative effects from minimum wages on employment, we should note that the results imply 349 Workers’ 22 June 2011. Remuneration: Motion

[Deputy Peadar Tóibín.] that cutting minimum wages lowers total earnings of low-wage workers and has potentially important distributional consequences”. During an earlier debate I asked the Minister, Deputy Bruton, if he intended that this action would lower wages; he said it would do so. I asked him whether he had any evidence to show that lowering wages would actually increase the number of jobs. I paraphrase the Minister, who said there was no hard evidence that extra jobs would be created as a result of this policy. He stated he “believed” jobs would be created. I also spoke to the Minister on poverty issues. Social Justice Ireland stated there are 100,000 working poor in this country. Given the so-called reforms of the JLCs will affect those on the margins of poverty, any drop in their wages must push more people into poverty. I asked the Minister how many people would be pushed in this way; he replied that he did not know. Here, evidence-based policy development is being thrown out and replaced with so-called belief-based policy development. There is no doubt that if the wages of certain people were lowered certain employers might be able to employ more employees at any given time. Nor is there doubt, given the severe strain particular businesses are under, that they would jump or grab at any decrease in their costs, as a drowning person grabs at a life raft. It is important, however, to look at the net effect that will be brought about by this policy, especially when one understands it will affect up to 300,000 people. When that many people are affected it is not good enough that a policy be based on intuition alone. When it pushes real families into poverty it is not good enough that policy is based on hunch alone. The reason small businesses in this State are on the floor is that demand has been severely punctured by four years of continuous austerity. The money in circulation in this State has reduced and therefore there is less money to go around and we are in what is called a debt trap. Every year, the Government cuts back to pay off private debts and every year the economy shrinks so that the following year it is less able to pay off those debts and must cut back further. At some stage the Deputies and Ministers on the far side must gain the guts necessary to change this policy and provide a real Keynesian stimulus to the economy. The fact of the Labour Party’s involvement is very difficult to understand. It is important to remind people that the average JLC worker earns about €18,000 while the average Deputy earns five times that amount. The average Minister earns, or at least takes home, ten times more than the average JLC worker. It is very difficult to understand the effects these cuts will have on the average JLC worker unless one is on the same wage. It is clear that some public sector workers and professionals in sheltered sectors who are paid hundreds of thousands of euro remain untouched by the Government’s policy in this area. When Fianna Fáil, Fine Gael and the Labour Party decide to make cuts, why do they start on each occasion with the most vulnerable individuals who are living on the edge? When Opposition Deputies criticise this approach, we are shouted down by shriller and shriller Labour Party Deputies, especially backbenchers, who are increasingly sensitive about the moral compromises they have made in recent weeks. I ask the Government to take serious heed of workers in the State who are providing an enormous service for their employers. Government Deputies should understand that if they take money from those who spend all of their money, all they will achieve is a further reduction in the amount of money in circulation and the GDP of the State. Impím ar na Teachtaí ar an taobh eile smaoineamh ar na hoibrithe ar a bhfuil siad ag gearradh siar agus a meoin ar an ábhar seo a athrú.

Deputy Paschal Donohoe: I would like to share time with Deputies Hannigan, McHugh, McCarthy, Heydon, Mitchell, Dowds and O’Mahony.

An Leas-Cheann Comhairle: Is that agreed? Agreed. 350 Workers’ 22 June 2011. Remuneration: Motion

Deputy Paschal Donohoe: I would like to respond to some of the points made by Sinn Féin. It was suggested we were not taking any action to deal with the wages of senior public servants. It was announced today that such action was to be taken. That is a fact. Under the plan announced today, the salaries of staff at the top of the Civil Service and those running large semi-State organisations will be reduced. That was done today.

Deputy Peadar Tóibín: The point I was making——

Deputy Paschal Donohoe: One of the Deputies opposite called for the Duffy-Walsh report to be published

Deputy Peadar Tóibín: ——related to the people who were affected first when cutbacks were made.

Deputy Paschal Donohoe: I am correcting the Deputy.

Deputy Peadar Tóibín: No, the Deputy is correcting a point I did not make.

Deputy Paschal Donohoe: The Duffy-Walsh report has been published.

Deputy Dominic Hannigan: Does Deputy Tóibín sound a little shrill?

Deputy Peadar Tóibín: The Deputy would recognise it.

Deputy Paschal Donohoe: If Sinn Féin’s point is that we should abate the shrillness, perhaps its Deputies might listen to themselves. We are taking the time to correct some of the inaccurate points they have made. It has been suggested the Government is attacking the poor. The Government reversed the cut in the minimum wage, despite the Opposition’s assertions that we would not do so. The Government has stated it will not reduce social welfare payments during its term. It has been claimed that we are abolishing JLCs, but that is not happening. Nobody on this side is saying we will abolish them. We want to put in place a plan to reform them, with the consent of the Government as a whole. It has to be made clear that the plan does not involve abolishing them. The Government is grappling with the reality that 446,000 people are unemployed. No amount of talk about the smart economy strategy will get many of them back into employment. The sectors of industry covered by JLCs have suffered job losses of between 20% and 40%. Employers have contacted me to say that if a way to reform this mechanism is found, they will keep the people they are currently employing under their current contracts. They have said they will continue to operate the JLC agreements which they are legally bound to uphold and additionally hire new people under the reformed JLC arrangement. That is what people are telling me. Like other Deputies, I regularly meet unemployed people who come into my constituency office to say they are looking for work. That is a fact. I assure those who think this is a question of the abolition of the JLC programme that it is anything but. Some wish that was the course of action being taken by the Government, but it is not. We are trying to find a way to encourage employers in the industries most likely to make a dent in the unemployment rate to offer jobs to some of the 440,000 unemployed at wages they can afford and that are sufficiently attractive for the jobs to be taken up. That is what is being proposed. I emphasise that the Duffy-Walsh report has been published. I am struck by the number of assertions made in the report on the basis of literature. What about the three to four years of data, examples or evidence of what has been happening in the State? Why was such reference 351 Workers’ 22 June 2011. Remuneration: Motion

[Deputy Paschal Donohoe.] material not used in the report? That anything is being abolished is patently untrue. It has been suggested the Government is trying to attack the poor, including the working poor. Our track record in the past 100 days and more shows we are doing the opposite. We are trying to find a way to re-energise the service industries which offer people the most likely way of getting off the dole queues. That is what we are seeking to do.

Deputy Dominic Hannigan: In the programme for Government the Labour Party and its coalition partners agreed to reform the JLCs. We are committed to pushing forward with such reform, which is an agreed part of the original and revised memorandum of understanding. However, we do not believe it should go hand and hand with a loosening of workers’ rights. Some 150,000 workers across the economy, predominantly in vulnerable sectors which are traditionally characterised by low pay and poor terms and conditions, are covered by JLCs and registered employment agreements. Since the publication of the Duffy-Walsh report, the issue of the reform of these agreements has been raised on many doorsteps in my constituency when I have called to canvass opinions. No other issue of reform has been raised so often with me since the formation of the Govern- ment. It seems to be the key issue about which people are concerned. I have spoken to many people about this matter, including a bus driver in Ashbourne who is concerned about the impact the removal of Sunday working premiums would have on his ability to pay his mortgage. I have met retail workers who are worried about the impact of such cuts on their ability to put food on their families’ tables. People like them can tell the real story when it comes to employment wage setting agreements. When we talk about reforms, we have to make sure they are balanced and fair. We have to examine the facts. The Duffy-Walsh report concluded that reductions in basic JLC rates would have very little impact on employment. It also concluded that the effect would be “insignificant”. In 2010 the World Economic Forum stated labour costs were not an issue as regards the competitiveness of the economy. From the perspective of competitiveness, people are much more concerned about the country’s basic infrastructure and its macroeconomic stability. It is not because of Sunday premiums that we are uncompetitive. Sunday premiums do not have an effect. We have seen no compelling evidence from any sector of society that suggests the removal of Sunday pay structures would benefit the economy. The JLCs were first put in place in the 1940s, when there was less regulation and legislation in place to protect employees. They have played a good and a necessary part in employment law since. However, times change. It is important that we continue to review and update our legislation to ensure it is fit for purpose and reflects the needs of today rather than those of the past. In that respect, none of us has a problem with reforming JLCs or updating legislation to ensure it is fair and equitable. The Government is actively pursuing the rates of pay in this and other areas. I would like to return to something Deputy Tóibín mentioned. The Minister for Public Expenditure and Reform, Deputy Howlin, announced earlier today that the amount of money paid to top public servants and semi-State executives was to be reformed. The Government announced recently that it intended to hold a referendum to seek to reduce judges’ pay by €50,000. Rather than targeting one sector, we need to ensure fair cuts are made across society. As I said, there is no compelling evidence to suggest cuts in the Sunday premiums provided for by the JLCs would benefit anybody. I urge the Minister to bear this in mind when he reviews the JLCs.

352 Workers’ 22 June 2011. Remuneration: Motion

Deputy Joe McHugh: I will focus on the tourism sector in the short time available to me. I have not necessarily taken a local or parochial option. The national tourism industry has a great opportunity to help us to get out of the mess we are in. The recent legislation providing for a reduction in the service VAT rate must be welcomed in that context. Twenty-one of the main EROs and REAs, with a range of 242 different rates of pay, are specified across the sectors and workers they cover. There are 20 different rates applying to hotel workers alone. As far as hoteliers and the management of hotels are concerned, this can turn into a bit of a bureaucratic headache to run small hotels in rural areas. These reforms will create four different hotel rates, thus reducing the record keeping requirements for employers in the market and recognise the additional rates. Hoteliers will pay extra for experienced staff. From my contact with many employees throughout the hotel industry in recent weeks, many of whom who have been employees in these hotels for 20 or 25 years, they must be included as an important component of the tourism sector because they are the front line and the important components of promoting tourism in this country. We have a problem across the Border with competitiveness, especially with labour costs. As politicians, we are caught between a rock and a hard place. EU legislation specifies that we must go through the open EU e-tendering process which means we are losing quite a substantial amount of work to Northern Ireland. We are losing a substantial amount of work owing to the different rates. Basic UK construction pay is €16 per hour compared with €20 in Ireland. UK accommodation and food services pay is €9.33 per hour compared with €12.34 in Ireland. Here we are faced with a dilemma. Something that we need to address vehemently and aggressively is how we introduce social contracts into tendering in this country. Whether it is road contracts or public buildings contracts that we are losing to Northern Ireland, we are not ensuring we have a social contract or an obligation to local workers in this country. That is something about which we must be careful and take cognisance. The proposed plan would be introduced as part of a broad package of employment enterprise reform that is designed to increase competitiveness and advance the interests of workers and employers. The Government recently increased the minimum wage which had been cut by the previous Government and, as I stated earlier, recently introduced the lower rate of employers’ PRSI. As far as the debate on competitiveness is concerned, as I stated earlier, we are between a rock and a hard place with respect to not being able to compete with Northern Ireland. That is an issue that we should keep on the agenda in the future.

Deputy Michael McCarthy: I thank the Leas-Cheann Comhairle for the opportunity to speak on the motion before us. It is obviously a pressing political issue and one of deep concern to many people. I say from the outset, lest anyone assumes a decision has been made, that the reality of the matter is this. The Duffy Walsh report is being looked at by sectoral interests. When that goes back to Cabinet, it will make a decision that will become Government policy. Let us not at this stage presuppose or presume what the outcome of that process will be.

Deputy Joan Collins: Where is Deputy McCarthy’s red line?

Deputy Michael McCarthy: There is a commitment in the programme for Government to reform the JLC structure. About that there is no doubt. There are many other issues that Government needs to look at, apart from the rates of lower paid workers on a Sunday, such as the issue of legal and medical fees. In the current economic turmoil, there are still higher professionals who are charging sums of money more akin to the 353 Workers’ 22 June 2011. Remuneration: Motion

[Deputy Michael McCarthy.] Celtic tiger. Those are two of the areas that should be on the table, not merely issues such as the Sunday premium. In terms of Government making decisions, definitely there will be difficult and unpalatable decisions to be made and certainly no one in Government will walk away from the responsibility of making such decisions. I, along with my colleagues, will not turn my back on those working in such sectors as catering, hairdressing and security. These are people who have disproportionately carried the burden of the economic collapse. These are people who have inordinately suffered because of right-wing politics and ideology in this country over recent years and the excesses of vulture capitalists during the Celtic tiger era. That being said, I want to give the following commitment in this House this evening. Unpalatable decisions will be made and let us not presume that these decisions will affect the lower paid. Deputy Joe Higgins has a cheek to mention the spirit of Connolly and Larkin in his motion. Deputy Joe Higgins was a member of the party of Connolly and Larkin and, in line with his political behaviour, he could not behave himself and he was expelled. That stands out in my mind as one of the finest decisions ever made by the Labour movement in this country. Any lectures from a tired Trotskyite about solidarity will be dealt with and absolutely ignored, as we should do with those of anyone whose political career is characterised by divisiveness, driving a wedge between small groups of people, running off to the European Parliament and coming back here as a United Left Alliance candidate having stood as an Independent Labour candidate in Mulhuddart in 1999. Up there with the decision to abolish third level fees——

Deputy Joan Collins: I hope it went okay for them.

Deputy Michael McCarthy: ——one of the finest decisions ever made by the Labour movement was to throw that man out of the Labour Party. I advise Deputy Joe Higgins, when he has the opportunity of raising issues on Private Members’ time in future, to pick an issue that will stick.

Deputy Martin Heydon: We are living in extraordinary economic times which require radical actions to ensure our struggling businesses can be more responsive to changing economic circumstances and labour market conditions. Agreements that were appropriate for a different economic climate must now be reviewed to ensure they provide sufficient flexibility for employers, protection and legal rights for existing employees and, most important, the possibility of opportunities to protect threatened jobs and, we hope, the expansion and creation of new ones. Let us be clear, the current proposals for reform of wage agreements do not call for adjustments in specific wage rates for the sectors covered by the JLCs or REAs. Many of the existing wage agreements were negotiated before the current protections of employment rights legislation were fully in place. Such protections now exist to ensure all employees are fully protected in their work environment whether covered by JLC agreements or REAs. Our commitment and subsequent decision to restore the national minimum wage to €8.65 per hour shows our commitment to the lowest paid workers in the economy. EUROSTAT figures in Jan 2011 confirm that our minimum wage is the second highest of 20 EU member states with such legislation. Monthly minimum wages varied widely, from Bulgaria, at €123 per month, at the bottom to Luxembourg, at €1,758, at the top of the scale. Ireland’s monthly rate of €1,326 ranked second highest of these 20 countries. It is obvious the difficulty lies not merely with the minimum wage rate, which is generous by EU standards, but with the standard of living that buys us here in Ireland. When adjusted for 354 Workers’ 22 June 2011. Remuneration: Motion differences in purchasing power, the disparities between the countries lessened. Ireland showed the most remarkable change, according to EUROSTAT, moving from second position of 20 when ranked in euro to fifth in purchasing power terms. This highlights the real problem here, our expensive cost of living. Constantly increasing wage rates at the expense of viable businesses is not the solution to our problems. We need to cut our cost of living and then our minimum wage can be seen as it is — one of the highest in Europe. Those whom we need to help most urgently are the 440,000 unemployed individuals currently signing on to the live register. Ireland’s unemployment rate of 14.8% is well above the EU and eurozone average of 9.9%. Radical action is now needed to tackle that statistic. It is only by getting people back to work that we will start to increase our intake of PAYE and other taxes as most money flows throughout the economy. Those sectors that have suffered most reduction in jobs in the past three years are the very sectors that are governed by labour agreements, be it construction, hospitality or retail. The current proposals are that all EROs, agreed by JLCs, will be revised under new criteria which better reflect our current economic circumstances. We must acknowledge that existing agreements were based on a different economic climate. JLC reforms will help to reduce employer payroll costs. Employers will be allowed to opt out of the terms and conditions set by JLCs or REAs if they can conclude a collective agreement at local level. I had a recent local example of this in the bloodstock industry. This is a seven day a week operation which requires specific agreements with staff through their representative group, the Irish Stable Staff Association. The current proposals on derogation would allow racehorse trainers enter into collective bargaining with the Irish Stable Staff Association without being bound by the restrictive terms of the agricultural workers employment regulation orders, EROs. The Stable Staff Association and its members are aware this is a seven-day per week lifestyle and are willing to work around this in association with the trainers if given the opportunity. A thoroughbred racehorse does not realise it is a Sunday when it needs to be fed or trained. The current proposals will benefit employers through a less restrictive and clear regulatory framework and reduced record keeping requirements which are currently placed on employers covered by EROs and registered employment agreements, REAs. Retail Excellence Ireland stated the reforms are right for the retention and creation of employment, with potential for 7,000 new jobs in the retail industry if significant reforms of the Joint Labour Committee system are implemented. In a recent survey of restaurants by the Restaurants Association of Ireland, some 85% of restaurants surveyed stated they would take on an additional two staff if EROs were abolished. That would amount to 4,000 new jobs. We must trust entrepreneurs and business people who inform us that they can create more jobs. Let us give them the opportunity to prove it.

Deputy Olivia Mitchell: Last night, I listened to the Opposition debate this motion. I will respond to some of their comments. The main theme was that low-paid workers were being targeted while bankers and developers appeared to be sailing off into the sunset. To be honest, it is difficult to disagree with that. It is a perfectly human reaction to resent that and I do so. However, the reality is that even if the bankers paid for the sins they visited upon us in the morning and even if we could somehow get back the assets that some developers were able to salvage and pass on to their wives, wage rates would still be uncompetitive and the existing situation would not create one single job. That is the sad reality. Unless we make Ireland more competitive again there will be no more jobs and if there are no jobs there will be no growth. That is the simple equation and no amount of railing against the unfairness of it all will change it, however annoying it may be. 355 Workers’ 22 June 2011. Remuneration: Motion

[Deputy Olivia Mitchell.]

Lower-paid workers are not to blame for what happened to the country but it does not change the reality that unless people wish to buy the goods and services they produce and sell then more jobs will be lost. We must be at least as competitive as other countries. We have already lost 340,000 jobs. These have simply disappeared and it is not recognising reality to take the view that although costs throughout the economy have gone down, somehow the wages and conditions of a mere 25% of private sector workers can somehow be immune. If they are immune, the reality is that fewer and fewer of them will be employed at that rate. Last night Deputy Healy stated that the problem of job losses and closure of shops and restaurants was due to a lack of demand, which is altogether true. However, it is putting the chicken before the egg. It was a supply side problem long before demand collapsed. Demand collapsed for a reason: because all our goods and services were too dear. This was for many reasons, including that we were paying ourselves too much. We must accept that the JLC system is no longer relevant or appropriate. Someone stated it was set up 60 years ago. It is preventing recovery. It served its purpose but it preceded all employment legislation which protects workers. We continue to pass legislation that improves the working conditions of workers and this process is ongoing. However, we have not repealed the 60 year old JLCs. It is nonsense to have collective bargaining, a national minimum wage and sectoral and regional agreements which differ from place to place. If we are to discuss fairness there is no reason 25% of private sector workers should have a special position when 75% of the private sector do not. Almost all speakers stated that we were attacking the most vulnerable members of society.

A Deputy: I suppose they are lucky to have a job.

Deputy Olivia Mitchell: The most vulnerable members of society are those without jobs and those on the minimum wage. It is not true to say that these workers are the most vulnerable, although I accept they are among the lower paid. Sunday working is another area which has attracted comment. I appreciate that in the past Sunday was a special day. However, nowadays many people work on Sundays and some businesses must work and open on a Sunday. That is the nature of the catering business in particular where jobs are being lost hand over fist. Jobs are being lost in areas where there is no hope of replacement jobs in villages and towns throughout the country. This is destroying our tourism industry. When one closes on a Sunday it jeopardises the rest of the business because the catering industry outside Dublin is only a weekend business and only operates on Fridays, Saturdays and Sundays. If incontrovertible proof were required of the need for change it is that restaurants are closing almost every day in the country and thousands of jobs continue to be lost.

Deputy Robert Dowds: I fully support the reforms of the JLC system as laid out in the Duffy-Walsh review and as committed to in the programme for Government. To go beyond the remit of that review to lower the wages of some rather low-paid workers in society is not a course of action which should be followed. I have sympathy for retailers and others struggling to keep afloat day after day in a tough trading environment. However, there is clear economic evidence that one of the main reasons retailers are struggling is that there has been a total collapse in domestic demand and consumer spending. This collapse has been ten times greater in Ireland than in other eurozone countries. Many thousands have lost their jobs while many others have managed to hold on to gainful employment but have stopped spending money due to the uncertainly that pervades society 356 Workers’ 22 June 2011. Remuneration: Motion and the fall in consumer confidence. People on low incomes tend to spend a higher proportion of their income than those on higher incomes. Those on lowest incomes spend most of what they earn because they cannot afford the luxury of saving for a rainy day. Therefore, they spend what they have. Many of them are covered under joint labour committees and the other systems in place to protect them. To lower their wages would further depress domestic demand and given the pro-cyclical nature of such a move this would inevitably lead to more closure and job losses. If we are to help struggling retailers let us focus on the swift implementation of the measures announced in the jobs initiative. Let us give those in gainful employment every reason to have faith in the future so that they can once again spend their wages in the knowledge that their livelihood is not under threat. To encourage a race to the bottom is no way to engender such confidence. I trust the Cabinet will make the right decision in this regard. On the question of Sunday working, those who work on Sundays should receive some rec- ompense for it. There are different ways of doing this. The traditional way is to give extra time for Sunday. Another option could be to spread the extra money they receive across the week. I argue the point strongly because Sunday is a special day in society. Traditionally, it is the day when people attend to their religious duties. However, whether one attends to one’s religious duties, it is an important family day. One might be involved in training a football team or in doing something with one’s children. I accept entirely some people must work on a Sunday but those who do should get some allowance for it in one way or another.

Deputy John O’Mahony: Since I have only a brief time I will cut it to the minimum and I will not go into too many facts and figures. I welcome the debate. It is emotive and because of the emotion on all sides many facts have been forgotten. We all seek to protect lower-paid workers. This was demonstrated by the Government in the restoration of the minimum wage. We also seek to give low-paid workers who have lost their jobs in recent years the chance to get back into the jobs market. There are streams of people who want jobs and who are willing to work. People want to work but the jobs are not available. I have been to towns and villages where restaurants and hotels are closed on certain days of the week because their owners cannot afford to provide the service. Demand may be down, but the reality remains that there are issues in regard to the JLCs. The system cannot remain as it is; something must be done to amend it. In return for the implementation of these provisions, hotels and restaurants have promised, and have put that commitment in black and white, to increase their employment by thousands. This should be put to the test in the same way as the abolition of the travel tax is putting the airlines to the test. If the promised jobs do not materialise after a period, then some of the Opposition’s arguments will be proved credible. The relevant employers have also given an undertaking that current workers’ contracts will not be affected by the changes. We must have an opportunity to put these undertakings to the test. In regard to the construction industry, as referred to by Deputy Joe McHugh, I am encoun- tering a constant line of small-scale contractors who cannot compete with contractors from outside the State who are submitting low tenders for jobs and, in many cases, paying workers black economy rates to get the work done. The livelihood of these small-scale contractors must be protected. If there is some reform and re-organisation of this system, the jobs of the lower paid in the construction sector can not only be protected but can be secured for the future. If the situation is left as it is, however, the necessary supports for low-paid workers will not be in place.

Deputy Joe Higgins: It is deeply shameful that we are seeing a combined assault of millionaires and even billionaires against some 250,000 workers who are among the lowest paid in this land, with the intention of further driving down their already low incomes and pushing them 357 Workers’ 22 June 2011. Remuneration: Motion

[Deputy Joe Higgins.] into further poverty. We have the spectacle of those who live in mansions and palaces with rolling acres demanding that workers who can barely survive should be put in an even more invidious and difficult position. That the political establishment in this State and in this Parlia- ment rows in with them is also deeply shameful but, I suppose, predictable. The reality is that the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, himself a millionaire rancher from the plains of Meath, lives light years removed from the conditions of life of working-class people who face an enormous struggle to survive in current circumstances. Make no mistake, wage cutting is the agenda of the Minister and the Govern- ment. Never mind the talk of flexibility, reform and all the rest. One need only consider what the Minister told Harry McGee, political correspondent of The Irish Times, a month or two ago:

Some 60,000 workers are currently on the national minimum wage and Mr Bruton said the savings achieved by employers by cutting the rate would be very small. By contrast, he said, some four times more people benefited from the JLC structure and reforming it would have a greater and more immediate impact on wage costs.

What is this but a straight argument for the slashing of the wages of workers under the JLC system? We had monstrous distortions from the Minister, Deputy Bruton, last night. For example, he claimed that sectors and occupations in the economy where the greatest job losses have occurred are those sectors where minimum wage and sectoral agreements are prevalent. In other words, the Minister is trying to give the impression that the catastrophic loss of hundreds of thousands of jobs in recent years had something to with the rights of workers and the level of their wages. What a monstrous distortion when we have, in the United States and in Europe, a financial market system which imploded under the weight of the speculation and profiteering of the preceding period, where the speculators, vampire banks and various sharks in the markets were given a free hand through deregulation and privatisation to profiteer and racket- eer at will, putting the very structures of society at risk as a result of their grab for private profit. As a result of that, the system inevitably imploded and brought the real economy crashing down with it. Hundreds of thousands of Irish workers and millions internationally are the victims of that diseased capital market. Did the Minister, Deputy Bruton, raise a single question about the need radically to change the system that has caused this catastrophe? Not a word. Rather, we had an attack on the lowest-paid workers in the country. Did he say anything about how we should perhaps talk about production and financial systems which would benefit society and cater for the needs of the majority rather than the greed of the minority? Not a word. We have a Government of Fine Gael and the Labour Party which has capitulated lock, stock and barrel to the diktats of the International Monetary Fund, the bureaucracy of the European Union and the European Central Bank which is, in turn, representing the naked interests — and blatantly so — of major German, French, British and other banks and various and assorted speculators who gambled in Irish property and lost. They are faceless, unaccountable and unelected, but the Government puts their interests, their profit and their preservation ahead by miles of the fate of the lowest- paid workers in our country. The Government diverts billions of taxpayers’ funds to these speculators and banks which, if invested in the creation of jobs through major public infrastructural projects, for example, would create tens of thousands of jobs, revive and regenerate the economy and therefore allow our services to be developed, the pensions of elderly and retired workers to be defended and so forth. Instead we have a delusion that cutting the wages of the lowest paid will create more 358 Workers’ 22 June 2011. Remuneration: Motion jobs when all the evidence is that the austerity carried out so far has been a catastrophe, as many Deputies on the left have already pointed out in this debate. The Minister said last night that existing workers will not be affected by the changes, which will only apply to new employees. We object in the first instance to yellow-pack workers of any kind who are on lesser terms than those working beside them. However, let us consider what is stated in the Duffy Walsh report on this particular point:

For their part, employer bodies told us that they would not seek to unilaterally change contractual rates of pay or other conditions of existing staff in the event of the JLC system being abolished. They did, however, indicate that employers would seek to change the conditions of current employees by agreement.

The report goes on to state:

A proposal was put forward by [the business organisation] IBEC whereby transitional statutory protection could be provided ... While this proposal has merit, in separate sub- missions to the review, the representatives of employers in three of the major sectors affected by E[mployment] R[egulation] O[rder]s indicated that they would be unwilling to engage in collective bargaining with trade unions. They told us that they would deal directly with their staff, either individually or collectively, with a view to seeking agreement on reduced terms subject to statutory minima.

That statement alone would send a chill down the spines of the workers concerned who know very well, being in vulnerable positions, they would be put under relentless pressure to agree to cut their wages. All one needs to do is to look across the road at the example of the workers in the Davenport Hotel, who found themselves in that position. Members have heard the lamentable and embarrassing input of Labour Party Deputies to this discussion and their perfunctory attendance and attention to this debate is quite shameful. There has been a despicable distortion of the United Left Alliance’s decision to vote against the Social Welfare and Pensions Bill, allegedly because we did not wish the cut in the minimum wage to be restored to workers when of course we were defending the right of workers to have a pension under the current arrangements. We stand on our record of the defence of the most vulnerable and low-paid workers. Members should enter into their computer search engines the words “Gama” and “2005” and they will see how the left in Ireland overturned a monstrous regime of industrial-sized exploitation of migrant workers, that is, those who are among the most vulnerable. We do not need to answer the spurious and despicable distortions of the Labour Party Members, who must of course cover up the fact that they will come into this Chamber tonight to vote for the weasel words of the Government amendment in opposition to the clear stand taken in this motion by the United Left Alliance. The United Left Alliance seeks to protect the wages and rights of those workers who are among the lowest paid in Ireland. The Government amendment means words, under cover of which wages cuts would be carried out and rights eroded. A Leas-Cheann Comhairle, I put the Government on warning that it will be resisted. In particular, I put Labour Party Deputies on warning because they received an endorsement from some trade unions and some of them claim to have some links with the tradition of the great Jim Connolly and Jim Larkin. If they had a commitment to the solidarity and the traditions of Connolly and Larkin, they would vote with the United Left Alliance in this Chamber tonight.

An Leas-Cheann Comhairle: Go raibh maith agat a Theachta.

359 Workers’ 22 June 2011. Remuneration: Motion

Deputy Joe Higgins: Confronted with a system in crisis, they should not give Members weasel words about difficult decisions that must be taken. Instead, like the United Left Alliance says and like Connolly said, the time is long past for patching up the capitalist system. It must go, especially when it means further impoverishment for workers.

Deputy Thomas Pringle: I support this motion and am glad to be able to contribute to this debate. I commend the Members of the United Left Alliance and the Technical Group on tabling the motion. When listening to the debate in the Chamber, it was interesting to hear Labour Party Deputies attack Members from the United Left Alliance and the Technical Group for introducing the motion and for the words they have used in its support. Nevertheless, when one listened to what they had to say, they went on to speak in favour of the motion and engaged in a charade to the effect that they will protect low-paid workers and, as Deputy Higgins has observed, that by voting for the Government amendment tonight, they will in some way protect the low-paid and low-paid workers in our society. There is no way this will happen because on the removal of the JLC system, employers will move immediately to cut the wages of workers and the most low-paid in our society. I wish to revert to comments made by the Minister in his contribution last night and by Deputy O’Mahony earlier this evening regarding the difficulties experienced by contractors when competing for construction contracts against companies from Northern Ireland or foreign companies in particular. Their solution is to cut the wages of workers working in this State for those contractors as though this were a magic bullet that would make them competitive with foreign contractors. The point is there are laws on our Statute Book with which all contractors tendering for public contracts in this State must comply. A contractor that works for more than 180 days in this State must register with the Revenue Commissioners and must acquire PPS numbers for all its employees, who are obliged to participate in the construction industry pension scheme. However, local authorities, public bodies and the Government do not enforce their own legislation on such tendering companies because they are pursuing the lowest price at all costs. Consequently, they let them away with it, which explains why companies from this State are not competitive when they tender for projects, as they do not do so on a level playing field. The role of the Government and all public authorities should be to ensure the levelling out of this playing field by ensuring that foreign and Northern Ireland-based companies comply with the law in this jurisdiction before being allowed to accept a contract in the first instance.

Deputy Tom Fleming: The joint labour committees were introduced in 1946. Since then, they have been composed of employers and unions representing the workers. They make recommendations to the Labour Court, which then makes an employment regulation order. It is well- known that this is a tried and tested procedure, which has been highly successful down the years. It has survived the test of time and has contributed enormously to industrial peace in many sectors of employment in Ireland. Before the establishment of joint labour committees, many industrial and services sectors paid their staff peanuts and furthermore, insisted on highly anti-social working hours. The JLCs have introduced an element of civilisation into the wage structures and conditions of employment in the work system. Employers and employees in certain industries are involved in a highly disciplined fashion by the labour regulations. Low- paid workers were often unrepresented by trade unions and the JLCs were introduced to give them a floor for wages and employment conditions in a civilised manner. The JLCs have served the country well and any changes contemplated will affect detrimen- tally the pay and conditions of employment of approximately 200,000 employees who are covered at present by employment regulation orders. Consequently, I support fully the motion being proposed by the Technical Group. 360 Workers’ 22 June 2011. Remuneration: Motion

Deputy Maureen O’Sullivan: It has been proven both scientifically with sociological studies and in other ways that countries with a narrow social gap are much better. They are healthier and more stable and there is little unrest with a happier society. Those countries with wide social gaps are places of unrest, much disturbance and much abuse of human rights with mental health issues, increases in prison population and levels of violence. However, given the various cuts to date, the proposed cuts and charges and this debate, I fear we are creating the kind of society in which the gaps between the various classes are becoming increasingly wide. This motion concerns an attack upon low-paid workers. Why is the Government starting with the low-paid? I do not wish to be told that people at the other end of the scale have taken cuts. While they may have so done, they are not proportionate to what is being proposed in respect of the low-paid workers. If one considers the Dáil, one is paid €10,000 to 8o’clock chair a committee, even though Members are aware the bulk of the work is carried out by the staff. Where is the fairness in such an arrangement? While this issue will no doubt appear on an election manifesto for the next election, it will not be tackled now as an unjust payment to those who are well paid. I do not believe there is hard evidence that cutting JLCs will create jobs in the hospitality sector. Many of those who work in this sector have trained with Fáilte Ireland or CERT as it used to be called. They have a variety of craft skills, such as chef, waiter, waitress, management and so on. The courses in question vary in length, involve great work experience and offer people good and varied qualifications when they come out. Cutting JLCs will have a detrimental effect on these high standards. Workers in the hospitality sector need to be supported in acquiring these skills which will be of help in continuing to attract visitors to the country. The jobs initiative has introduced certain measures to assist the hospitality sector such as a lower VAT rate, a reduction in PRSI and getting rid of the travel tax. We should wait to see what effect these measures will have without first going after the low-paid. The tax incentives to the hotel industry had a negative effect, with every Tom, Dick and Harry of a speculator building hotels. This had a detrimental effect on family-run, long-established hotels with high standards. It certainly was not low paid workers who were responsible for our difficulties. Any further reduction in the incomes of low paid workers will have a significant effect in a number of areas. Cuts will lead to a further strain on health and social services, an increase in claims for family income supplement and to community welfare officers, and a drop in revenue and tax revenue. People will not spend money. They are not spending it now, which is affecting businesses. Therefore, if their incomes are reduced further, even less will be spent and there will be more job losses. A negotiated adjustment to Sunday pay rates brings them from double time to time and one third. Sunday working is considered unsocial, which must be recognised, as it is in other Euro- pean countries which make special provision for Sunday working. The shareholders in Bank of Ireland had a meeting last week and there was reference to the same old staggering salaries paid at the top and the complete disregard for ordinary people who had lost money. The board members continue to fly the flag for the elite. We allow this to continue, not to mention the obscene payout to a former AIB managing director. There is much fumbling in the greasy till, but it is not adding the halfpence to the pence, rather it is adding a nought. Therefore, what does it matter if it is three, four or five noughts when one is at the top end of the scale? We have to introduce income equality and not exacerbate the problem. Therefore, I am very happy to support the motion.

361 Workers’ 22 June 2011. Remuneration: Motion

Deputy Luke ‘Ming’ Flanagan: On Monday I had the honour of being asked to visit Abbey national school in Roscommon town to give a talk to 196 young school lads between the ages of six and 12 years. I was asked to explain the position I thought Ireland would be in ten years. The idea was that many of the children listening to me would be adults in ten years going out into the world to look for work by which time it would be their country. After I had explained to them where I thought we could be and where we probably would be if we kept going the way we were, there was a question and answer session. A nine year old lad asked me my view on JLCs. I thought he had been put up to it, but after listening to him, I discovered that his concern had to do with his father and the cut in his wages. The child was worried that his father would not be able to buy him a birthday present if this happened. This is an example of the real effect if we cut the wages of people already put to the pin of their collar. What benefit would accrue in making such a cut? If wages are cut, people will probably need family income supplement and, in some cases, rent allowance. Has the State done a cost-benefit analysis of this decision and how much extra it will end up costing us? Will it do us any good in the long term? Reference was made by a previous speaker to a survey undertaken by the credit unions to show how much income was available to people once they had paid all their bills. A large number virtually had no excess income. Many others with some income left over will no longer have this income if their wages are cut and they will be unable to spend money in service industries. How will employment be increased by doing what I instinctively think the Govern- ment is going to do, which is to try to cut low paid workers’ wages? People do not necessarily want high wages. The average person would be happy living on €10 a week if he or she could actually survive on €9 a week, buy all he or she needed and have a good quality of life. It is not about high wages, rather it is about what one can afford to buy on these wages. As a result of the previous and this Government’s policy of bending the knee to the European Union, the amount of money people will have in their pockets will be less, regardless of how high wages are. They will have to pay back in taxation. Deputy Joe Higgins is a man who did not deserve to be insulted by the sniper talker who ran away after he had said his piece. It does not make sense for the Government to take money off people in one way and to then tell them it will reduce their wages. They cannot live on that amount of money. People have no control over their high mortgages. Mortgages need to be reduced to their real level and negative equity must be done away with in order that people can start spending again. Then if the Government wanted to cut people’s wages, perhaps they might be able to afford to live on them. As a result of everything being completely out of sync, we need to recalibrate the whole system. I understand employers have been badly hit by this decision which is not sustainable. If it costs a person so much money to live in this country, what are workers meant to do? Much of this problem can be solved if we get rid of much of the debt and reduce mortgages and living costs. People would then be able to live on the wages employers could afford to pay them.

Deputy Mick Wallace: I refer to a statement made by the task group:

We endorse the conclusions reached by Kevin Duffy and Frank Walsh that reducing JLC rates to the minimum wage level will have important distributional consequences without having any substantial effect on employment. We are concerned that recent proposals report- edly made by Minister Bruton are not in line with the Duffy Walsh report. The evidence presented in the report should not be ignored. Minister Bruton’s proposals, if implemented, would reduce the pay of low earners. These workers, by necessity, spend a higher proportion of their income on consumption and consequently, cutting their wages will significantly reduce spending in the economy at a time when the savings rate is already very high and 362 Workers’ 22 June 2011. Remuneration: Motion

domestic demand has collapsed. Any amendments to wage setting mechanisms should ensure that the incomes of vulnerable low earners are fully protected and that demand in the economy is not further impaired.

I commend Deputy Willie O’Dea for highlighting the fact that wage cuts are adding to some of our problems and causing domestic demand to fall. I employ 52 people in the restaurant industry and can assure the House that JLC rates are not my problem. I have other problems in that the position has been very difficult for restaurants in the past couple of years. However, under no circumstances have the rules of the JLCs been causing problems for our business. I do not expect people to live on less then they are already earning. There is a big difference between people working in the restaurant industry and low paid jobs and those working in the construction sector. Such people need the protection of the State. We cannot depend on big business, or any business for that matter. There are plenty of good, decent business people, but workers will not be treated fairly by everybody. That is not rocket science. Given the problems, the restaurant industry is going through a tough time. However, rates have reached a point where they are equal to 20% of the rents payable. There is still no connection between rates and the markets. I also have huge energy costs. In the case of one of my restaurants, I am paying €18,000 a year in energy costs, plus insurance and maintenance costs. My waste disposal costs have decreased recently because they were astronomical. I hope the Government will not allow a monopoly to develop in the waste management sector in the city because this was the case in the past. The rates charged have now been halved because the market has been opened to competition in the past couple of years. However, there is a threat that it could be closed again. The notion that somebody working for €365 a week, who might be married with a child and might need a car to get to work, would have any extras he or she might earn threatened is outrageous. I cannot understand where that thinking is coming from. There is a view that big money is paid for working on Sundays. The rate is time plus one third; it was never double. If an employer pays €2 an hour over the minimum wage and has a contract with an employee, he or she does not have to pay a rate of time and one third for Sundays. An employer can pay the basic rate across the board if he or she pays €2 above the minimum wage. An employer cannot complain about Sundays. A Deputy on the other side of the House claimed that only Friday, Saturday and Sunday are busy days in this country. That is not true. I can tell her that Wednesday, Thursday, Friday and Saturday are more lucrative days than Sunday in Dublin and Wexford. Deputy McHugh claimed the minimum wage in the construction sector was €20 per hour. It is actually €13.77.

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy John Perry): I thank all the Deputies who have contributed to this debate. A number of important issues were raised, arising from the report of the independent review of our statutory wage setting mechanism. An agenda for a radical overhaul of the ERO and REA systems from my colleague, the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, includes proposals dealt with in the report and other issues raised by it. I am convinced that the implementation of the range of reforms the Minister set out in his outline proposals would mean that employers would benefit from having a stable, less restrictive and clear regulatory framework in this area. This is not an agenda for scrapping any protective measures, rather it is about bringing simplification and clarity to our statutory wage setting mechanism. The burden of compliance with detailed requirements established under the statutory instrument will be eased and this will apply in particular to the record-keeping requirements currently placed upon employers covered by EROs and REAs. We must ensure there are more jobs, that it pays to work and 363 Workers’ 22 June 2011. Remuneration: Motion

[Deputy John Perry.] that we have a stable and proportionate regulatory framework which makes complying with the law simple. I wish to address a number of points that arose during the course of this debate. Deputies Daly, Collins, Healy, McGrath, Ferris, Tóibín, Pringle, Higgins, Fleming, Sullivan and Flanagan claimed that the proposals constitute an attack on the low paid and most vulnerable workers in our society by reducing their wages. The report of the implementation review does not recommend specific adjustments in wage rates for the sectors covered by JLCs and REAs, nor are the actions outlined by the Minister designed to reduce the current rate of pay for anyone covered by a JLC, rather they are designed to ensure the labour market is working efficiently. Workers are protected by contracts of employment and, if these proposals are implemented, they would not change the terms of contracts. What is proposed would have the effect of changing the way pay and conditions are set in order to make the system more flexible and, more importantly, prevent businesses being left behind by the changing economic circumstances. There are 250,000 companies employing 700,000 people in the domestic economy. The changes do not propose to eliminate the Sunday premium. Instead, the provisions of the Organisation of Working Time Act would apply, which is essentially the law of the land that applies to all workers. Existing employees will continue to be entitled to enjoy the terms set down in the ERO and any variation is a matter between the employer and the worker concerned in the context of his or her contract of employment. NERA inspectors will continue to have the power to ensure appropriate records are in place to prove employers compliance with the Organisation of Working Time Act. A number of Deputies also suggested that the proposed reform will open the floodgates for the exploitation of vulnerable workers. Let us be clear; Ireland’s existing corpus of employment rights legislation provides a comprehensive and strong body of rights. The State supports the strong legislative foundation through the industrial relations and employment rights institutions that assist in the vindication of workers’ rights and the resolution of disputes. Workers covered by JLCs and REAs will continue to enjoy the protection provided under this Bill and support is available through the dispute settling and adjudication and mechanism of the state. The role of NERA is to foster and enforce a national culture of employment rights compliance in the State. To this end, NERA undertakes a range of functions including information, inspection, prosecution and enforcement, and its primary objective where breaches of self-employment rates legislation are detected is to seek compliance and rectification of any breaches identified, including redress for the individuals concerned. The Bill will protect existing jobs in the most vulnerable sectors of the economy and increase the likelihood of employment in those sectors. It will restore competitiveness, which is critical, in key sectors of the economy, including the hospitality sector which is crucial for our tourism product offering. This Government restored the minimum wage to €8.65. We have a relatively high national minimum wage which provides an adequate floor for lower paid workers. I commend the amendment to the motion to the House.

Deputy Catherine Murphy: I wish to share time with Deputy Boyd Barrett.

An Leas-Cheann Comhairle: Is that agreed? Agreed.

Deputy Catherine Murphy: The programme for Government aspired to a more equal society which is the value I support. However, equality is not something to which we can aspire and postpone until sometime in the future when the coffers of the State are more plentiful. In dealing with the crisis, it is essential that the mistakes of the past are not repeated and we rebuild towards a better future. 364 Workers’ 22 June 2011. Remuneration: Motion

The reason I support reducing income inequality is because there is ample evidence to show that not only is it good for society, it is also good for the economy. Equality is an economic necessity. Income inequality cannot be countered if one starts cutting from the bottom. We do not know the Government policy on the Duffy Walsh report but we know there appear to be differences between Fine Gael and the Labour Party. One only has to listen to the debate over the past two days. It is obvious for all to see. From the submission made by TASC, an equality think tank concerned by the increasing levels of inequality leading to the economic crisis in 2008, there is evidence that inequality may have contributed to the current crisis. For example, Kumhof and Rancière of the IMF argue that most of the major economic crises in the past century were preceded by a sharp increase in income and wealth inequality and a similarly sharp increase in debt and income ratios among lower and middle income households. They found that the financial crisis was the ultimate result of increasing inequality, driving a sharp increase in debt to income ratios. They concluded that redistribution policies that prevent excessive household indebtedness can reduce the possibility of a crisis and therefore promote macroeconomic stability. The excellent book by Richard Wilkinson and Kate Pickett, The Spirit Level, which was based on years of research, points out that almost everything from life expectancy to mental illness and violence to illiteracy is affected not by how wealthy a society is but how equal it is. A society with a bigger gap between rich and poor is bad for everyone, including the wealthy. The TASC submission states that higher wages, especially for those on low incomes, stimulate aggregate demand and through this mechanism can protect existing jobs. Low income earners, out of necessity, spend all their income. Reducing wage rates, particularly for those already on low incomes, will further dampen aggregate demand through reduced consumption. The reduced spending in the economy will create a further pressure for existing businesses and will ultimately lead to job losses and lower economic growth. The cost-cutting approach will also cost the Exchequer money because of direct and indirect losses of tax receipts and through increased Government expenditure on social protection, such as family income supplement, mortgage interest supplement and so on. Many of the sectors that fall under the remit of JLCs are low paid. They do not constitute a small group. In the region of 200,000 workers, many of whom are in the JLC system, are in the category of the low paid. When one extends that to their dependants, one finds it is a very sizeable proportion of our population. Many are understandably concerned by all the uncertainty. I am in favour of taking good ideas from elsewhere if they can be adapted to our situation. The low pay commission established in Britain could be replicated here in a modified version. TASC seeks such an approach and states:

The role of a commission might be to monitor, evaluate and review the low paying sectors on an annual basis and recommend to government on areas such as competitiveness and its impact on the various wage floors, the equality impact, the labour market impact and the poverty impact.

I very much hope the Minister will take the submission seriously. Not only does it make good economic sense but, just as importantly, it makes good social sense. It contains a vision of the kind of society we are building. The programme for Government states that by the end of its term in office, Ireland will be recognised as a modern, fair, socially inclusive and equal society supported by a productive and prosperous economy. The restoration of the minimum wage was a positive move. While there is much to be welcomed in the Duffy-Walsh report, if it ends up being used beyond its 365 Workers’ 22 June 2011. Remuneration: Motion

[Deputy Catherine Murphy.] stated intention and if cuts in the incomes of some of the lowest paid workers are imposed, the equality society that the programme for Government aspires to can be thrown in the bin along with the hopes and quality of life of many vulnerable workers we are talking about in this debate.

Deputy Richard Boyd Barrett: No matter how one tries to dress up the Government’s review or reform of the JLCs — many Government Deputies have done so — it is nothing more than a despicable attack on the lowest paid, vulnerable workers in our society. It is an attack that has been dictated by the EU-IMF vultures who are demanding that working people and the vulnerable in society should pay off the gambling debts of bankers and speculators. The same super-wealthy elites who caused the crisis in the first place are now taking advantage of it to make the poor poorer and ensure that the rich get richer. This review is not designed to create jobs, as the Minister, Deputy Bruton, and the Govern- ment have suggested. Quite frankly, only the deluded or the completely dishonest would suggest that it is. The review will not create jobs, but it will create unemployment. Deputy Donohoe asked us to look at the facts. We should look at them and they will bear out what I and other Deputies in the United Left Alliance and Technical Group have said. Following newspaper leaks that came from within the IMF, we know the fund wanted the abolition of the JLCs and EROs altogether. We also know that multimillionaire owners of fast- food chains and hotels, as well as employers’ organisations such as the Irish Hotels’ Federation, want the JLCs and EROs to be weakened or destroyed. Meanwhile, they moan about the need to cut wages. The review pressure therefore is not coming from a desire to protect the pay and conditions of ordinary workers; it is coming from those who want to dismantle the few inad- equate protections that exist for ordinary workers. Such workers in retail outlets, hotels, hairdressing salons and the construction sector most certainly need protection. The facts bear this out. Government Deputies have not responded seriously to a survey by the Migrants Rights’ Centre. This showed that in 2007, 53% of the workers surveyed earned less than the minimum hourly wage, 45% worked nine or more hours per day, 44% did not get rest breaks, 85% did not receive extra pay for Sunday work or overtime pay, 48% did not receive bank holiday pay, 34% did not receive their annual leave entitlements, 51% did not receive a pay-slip and 84% did not receive a contract or terms of employment. It goes and on. These workers need more protection from unscrupulous employers, yet this review is about removing the utterly inad- equate protections for downtrodden, vulnerable and exploited workers. The IMF and EU want to suck dry these vulnerable workers in order to pay off the bankers’ bad gambling debts. It is utterly shameful that politicians in this Chamber, who are paid €92,000 a year, plus expenses of €2,000 a week for a TD, €3,000 for a Minister and €4,000 for the Taoiseach, want to cut the wages of workers who must live on €200, €300 or €400 a week. The same politicians never work on Saturdays or Sundays, but they want to cut the wages of workers who are earning virtually nothing. These workers have to work every day, including Sundays, cleaning toilets. In addition, they are washing plates in the same restaurants enjoyed by well- paid politicians and bankers. The central justification that is put forward for all this is that it will create jobs, but it is dishonest nonsense to claim that is its real motivation. On a number of occasions, the Minister, Deputy Bruton, has suggested that there is some sort of connection between wage rates in the sectors covered by JLCs and REAs, and the fact that there is massive unemployment in these sectors. It is utterly dishonest to suggest that somehow there is a connection between these workers’ wages and unemployment. The Minister and everyone else knows that there is unemployment in those sectors because of the economic 366 Workers’ 22 June 2011. Remuneration: Motion collapse brought about by the reckless gambling and speculation of bankers, developers, speculators and the super-wealthy elite who have brought this country to its knees. The situation has been worsened by the austerity demanded by the European Central Bank, the European Union and the International Monetary Fund which are sucking money from the pockets of poor people, the low paid and middle-income families. Consequently, they cannot spend it in shops and businesses.

One does not have to be an economics expert to see what is happening. One only has to walk though any village, town or city centre to see that consumer demand has collapsed. That is because ordinary working people who used to spend in those shops and businesses no longer have the money to do so. They have lost their jobs, their social welfare has been cut and the universal social charge has been imposed on them, so they have no spending money. As a result, the shops and businesses they used to frequent have had to sack workers. That is the problem. The idea that sucking more money from the pockets of low-paid works will improve the situation is utter nonsense and the Minister knows it. It will make the situation much worse by accelerating a downward spiral into an economic black hole. We are all worried about small and medium-sized enterprises experiencing difficulties and struggling to cope. We accept that they have difficulties but we know that the way to deal with that is not by attacking low paid workers. Why does the Minister not deal with the rates issue? Why does he not do something about that if he wants to give these small businesses a break? Why do we not have progressive rates? Is it right that small businesses that are struggling pay the same level of rates as multi- national chains such as McDonald’s, the banks and big multiples such as Tesco? Why does the Minister not jack up the rates applying to, for example, Tesco, which is making hundreds of millions in profits, to reduce the rates applying to small businesses that are struggling to cope and being driven out of business? One need not be a radical or a socialist to do that. It is done in France and Scotland and it has helped sustain and stimulate the small business and small shop retail sector.

Moving beyond that, if the Minister is to deal with the unemployment crisis and, if, as we all know, the unemployment crisis arises from a collapse in demand, the only way he can resolve it is by stimulating demand. He has to put money back into people’s pockets and he has to stop handing over the investment funds that could be used to stimulate the economy and develop industry. He has to stop sending that money to bank vaults in France, Germany and Britain where it is being hoarded; the super wealthy generally are hoarding money and stran- gling economies like ours.

This is unbelievable. People who voted for the Labour Party voted for it because they, including these vulnerable workers, expected that of all people the Labour Party could be trusted to protect their interests. Now it is backing a move that attacks their pay and conditions, which is based on the idea that the super wealthy multiple chains owned by millionaires should have an inability to pay clause. I ask the Labour Party where is the inability to pay clause for working people who cannot take any more, who are being crucified by its cuts, who cannot pay the bills at the end of the week, who cannot pay their mortgages or rent and whose children are being forced to leave the country? Where is inability to pay clause for those people? There is none, but we have to give an inability to pay clause to millionaires. It is shameful. I appeal to the Labour Party Deputies to remember their roots, to remember who elected them and put them in here because the people will not forget if they betray them on this issue.

Amendment put:

367 Workers’ 22 June 2011. Remuneration: Motion

The Dáil divided: Tá, 96; Níl, 41.

Tá

Bannon, James. Kehoe, Paul. Barry, Tom. Kenny, Seán. Breen, Pat. Kyne, Seán. Broughan, Thomas P. Lawlor, Anthony. Bruton, Richard. Lynch, Ciarán. Burton, Joan. Lynch, Kathleen. Butler, Ray. Lyons, John. Buttimer, Jerry. McCarthy, Michael. Byrne, Catherine. McEntee, Shane. Cannon, Ciarán. McGinley, Dinny. Collins, Áine. McGrath, Mattie. Conaghan, Michael. McHugh, Joe. Conlan, Seán. McLoughlin, Tony. Connaughton, Paul J. McNamara, Michael. Conway, Ciara. Maloney, Eamonn. Coonan, Noel. Mathews, Peter. Mitchell, Olivia. Corcoran Kennedy, Marcella. Mitchell O’Connor, Mary. Costello, Joe. Mulherin, Michelle. Coveney, Simon. Murphy, Dara. Creed, Michael. Murphy, Eoghan. Creighton, Lucinda. Nash, Gerald. Daly, Jim. Naughten, Denis. Deasy, John. Neville, Dan. Deenihan, Jimmy. Nolan, Derek. Doherty, Regina. Noonan, Michael. Donnelly, Stephen. O’Donnell, Kieran. Donohoe, Paschal. O’Donovan, Patrick. Dowds, Robert. O’Dowd, Fergus. Doyle, Andrew. O’Mahony, John. Durkan, Bernard J. O’Sullivan, Jan. Farrell, Alan. Penrose, Willie. Feighan, Frank. Perry, John. Ferris, Anne. Phelan, Ann. Fitzpatrick, Peter. Phelan, John Paul. Flanagan, Terence. Reilly, James. Gilmore, Eamon. Ring, Michael. Griffin, Brendan. Ross, Shane. Hannigan, Dominic. Ryan, Brendan. Harrington, Noel. Shortall, Róisín. Harris, Simon. Spring, Arthur. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Heydon, Martin. Timmins, Billy. Howlin, Brendan. Tuffy, Joanna. Humphreys, Heather. Wall, Jack. Humphreys, Kevin. Walsh, Brian. Keating, Derek. White, Alex. Keaveney, Colm.

Níl

Boyd Barrett, Richard. Fleming, Sean. Browne, John. Fleming, Tom. Collins, Joan. Halligan, John. Collins, Niall. Healy, Seamus. Colreavy, Michael. Higgins, Joe. Crowe, Seán. Kelleher, Billy. Daly, Clare. Kirk, Seamus. Doherty, Pearse. Kitt, Michael P. Dooley, Timmy. Mac Lochlainn, Pádraig. Ellis, Dessie. McConalogue, Charlie. Ferris, Martin. McDonald, Mary Lou. Flanagan, Luke ‘Ming’. McGrath, Finian. 368 Workers’ 22 June 2011. Remuneration: Motion

Níl—continued

McGrath, Michael. O’Dea, Willie. McLellan, Sandra. O’Sullivan, Maureen. Moynihan, Michael. Pringle, Thomas. Murphy, Catherine. Smith, Brendan. Ó Caoláin, Caoimhghín. Stanley, Brian. Ó Cuív, Éamon. Tóibín, Peadar. Ó Fearghaíl, Seán. Troy, Robert. Ó Snodaigh, Aengus. Wallace, Mick. O’Brien, Jonathan.

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Catherine Murphy.

Amendment declared carried.

Question put: “That the motion, as amended, be agreed to.”

The Dáil divided: Tá, 96; Níl, 41.

Tá

Bannon, James. Howlin, Brendan. Barry, Tom. Humphreys, Heather. Breen, Pat. Humphreys, Kevin. Broughan, Thomas P. Keating, Derek. Bruton, Richard. Keaveney, Colm. Burton, Joan. Kehoe, Paul. Butler, Ray. Kenny, Seán. Buttimer, Jerry. Kyne, Seán. Byrne, Catherine. Lawlor, Anthony. Cannon, Ciarán. Lynch, Ciarán. Collins, Áine. Lynch, Kathleen. Conaghan, Michael. Lyons, John. Conlan, Seán. McCarthy, Michael. Connaughton, Paul J. McEntee, Shane. Conway, Ciara. McGinley, Dinny. Coonan, Noel. McGrath, Mattie. Corcoran Kennedy, Marcella. McHugh, Joe. Costello, Joe. McLoughlin, Tony. Coveney, Simon. McNamara, Michael. Creed, Michael. Maloney, Eamonn. Creighton, Lucinda. Mathews, Peter. Daly, Jim. Mitchell, Olivia. Deasy, John. Mitchell O’Connor, Mary. Deenihan, Jimmy. Mulherin, Michelle. Doherty, Regina. Murphy, Dara. Donnelly, Stephen. Murphy, Eoghan. Donohoe, Paschal. Nash, Gerald. Dowds, Robert. Naughten, Denis. Doyle, Andrew. Neville, Dan. Durkan, Bernard J. Nolan, Derek. Farrell, Alan. Noonan, Michael. Feighan, Frank. O’Donnell, Kieran. Ferris, Anne. O’Donovan, Patrick. Fitzpatrick, Peter. O’Dowd, Fergus. Flanagan, Terence. O’Mahony, John. Gilmore, Eamon. O’Sullivan, Jan. Griffin, Brendan. Penrose, Willie. Hannigan, Dominic. Perry, John. Harrington, Noel. Phelan, Ann. Harris, Simon. Phelan, John Paul. Hayes, Brian. Reilly, James. Hayes, Tom. Ring, Michael. Heydon, Martin. Ross, Shane. 369 Special Educational 22 June 2011. Needs

Tá—continued

Ryan, Brendan. Timmins, Billy. Shortall, Róisín. Tuffy, Joanna. Spring, Arthur. Wall, Jack. Stagg, Emmet. Walsh, Brian. Stanton, David. White, Alex.

Níl

Boyd Barrett, Richard. McConalogue, Charlie. Browne, John. McDonald, Mary Lou. Collins, Joan. McGrath, Finian. Collins, Niall. McGrath, Michael. Colreavy, Michael. McLellan, Sandra. Crowe, Seán. Moynihan, Michael. Daly, Clare. Murphy, Catherine. Doherty, Pearse. Ó Caoláin, Caoimhghín. Dooley, Timmy. Ó Cuív, Éamon. Ellis, Dessie. Ó Fearghaíl, Seán. Ferris, Martin. Ó Snodaigh, Aengus. Flanagan, Luke ‘Ming’. O’Brien, Jonathan. Fleming, Sean. O’Dea, Willie. Fleming, Tom. O’Sullivan, Maureen. Halligan, John. Pringle, Thomas. Healy, Seamus. Smith, Brendan. Higgins, Joe. Stanley, Brian. Kelleher, Billy. Tóibín, Peadar. Kirk, Seamus. Troy, Robert. Kitt, Michael P. Wallace, Mick. Mac Lochlainn, Pádraig.

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Catherine Murphy.

Question declared carried.

Adjournment Debate

————

Special Educational Needs Deputy John Browne: I wish to share time with Deputy Mick Wallace.

An Ceann Comhairle: Is that agreed? Agreed.

Deputy John Browne: I thank the Ceann Comhairle for allowing me to raise on the Adjourn- ment the loss of six special needs assistant, SNA, posts at St. Senan’s primary school, Enniscor- thy, County Wexford, which will cause severe problems for the running of the autism centre there. The school has an autism unit with an open enrolment policy. The principal, Mr. Henry Goff, and his staff allow all children suffering with autism — mild, moderate or severe — to attend the school. The open enrolment policy has served the school well over many years. When the autism unit was set up, St. Senan’s was approved staff on a one-to-one basis. However, for some reason the Department has moved the goalposts, seeking to divide the educational and care needs of the children. Perhaps the Minister of State will explain what criteria was used in making the decision to reduce the SNAs by six. I, and many other Members, are aware of the excellent service provided by St. Senan’s primary school, the purpose of which

370 Special Educational 22 June 2011. Needs is to allow the children eventually attend mainstream education. Children with severe care needs will not be able to attend mainstream classes without the support of SNAs. The school has been notified in recent days of the loss of six SNA posts. The Taoiseach stated in the House today that there would be a cut of 200 SNA posts throughout the country by Christmas. If one divides 41 constituencies by 200, that equates to five SNAs per constituency. For some reason, however, St. Senan’s primary school in Enniscorthy is to lose six SNA posts. Parents of children suffering from autism and other disabilities have protested strongly about this cut during the past six months. While an appeals system was promised, the school was told when it appealed that no such system was in place. Perhaps the Minister of State might clarify the position in that regard. I was told by previous Ministers and officials in the Department of Education and Skills that an appeals system was in place and that the school would be allowed to submit an appeal, which it did. It has since been informed that no appeal hearing would be allowed, which appears strange to me. The parents have medical reports from Our Lady’s Children’s Hospital, Crumlin, psychol- ogists and general practitioners outlining the seriousness of some of the children’s problems, but these were completely ignored by the special educational needs organisers, SENOs. I ask that the Minister of State visit the school, unannounced if he so wishes, to see first hand the importance of the autism centre at St. Senan’s school and, more important, the need to have SNAs in the school on a one-to-one basis.

Deputy Mick Wallace: I reiterate what Deputy Browne said. It is grossly unfair. I was disappointed to hear the Taoiseach’s remarks today. Last Friday, I received telephone calls from parents who were crying over this. When I suggested to them that they come up on Tuesday to protest, they jumped at the idea. They had no plans in place but feel so strongly about this matter that more than 100 people turned up here yesterday to protest. I have no doubt there are abuses in the system. The Government is correct that reform is needed in respect of all forms of extra resources provided to schools. I honestly believe, however, there are many genuine cases, not alone in Enniscorthy or other parts of Wexford but also throughout the country. Come September-October, parents are going to be very angry. The Minister should rethink this proposed cut, which is not fair. The Irish are reluctant to protest. I do not believe they would do so if they were hungry. However, their children are a different matter. Come September-October parents will be upset when these SNA and resource teacher numbers are cut, given the many other ways in which they have been hit.

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Iam taking this Adjournment matter on behalf of my colleague, the Minister for Education and Skills, Deputy Ruairí Quinn. I thank the Deputies for giving me this opportunity to outline the position in relation to the special needs assistant, SNA, scheme generally and also in relation to the particular school mentioned by them. As the Deputies will be aware, the previous Government introduced a cap of 10,575 on the total number of SNA posts. This is a significant number of posts and represents an increase on the number of posts allocated in recent years. It is considered that, with equitable and careful management and distribution of these resources, there will be sufficient posts to provide access to SNA support for all children who require such care support to attend school in accordance with departmental criteria. The National Council for Special Education, NCSE, is responsible, through its network of local special educational needs organisers, SENOs, for allocating special needs assistants, SNAs, to schools to support children with special educational needs. The NCSE operates within the 371 Forestry 22 June 2011. Sector

[Deputy Ciarán Cannon.] Department’s criteria in allocating such support which now includes a requirement for them to have regard to the overall cap on numbers. The priority criteria for the allocation of SNA posts include ensuring that the minimum SNA to special class ratio is maintained in special schools and special classes; ensuring support for children with incontinence issues; ensuring those schools which require full day cover for children receive full day cover; deferring the allocation of additional SNA supports 9o’clock to schools for junior infant pupils for whom behaviour is cited as the rationale for SNA support, other than in cases of well documented extremely challenging or dangerous behaviour; prioritising schools which have enrolled pupils with newly diagnosed care needs and which do not have any SNA support; and encouraging the effective use of SNA posts, for example, where two or more posts have been deployed in a single classroom. To distribute SNA posts fairly across the school system, it will be important for the NCSE to ensure that schools do not have an over-allocation of SNA posts, as this could prevent them from allocating SNAs to children with care needs in other schools. I understand the school referred to by the Deputy currently has 532 pupils enrolled, including three classes for autism, which have an enrolment of 17 children. The NCSE reviewed SNA staffing levels in St. Senan’s in June 2010. As a result of this review, 13 SNAs were sanctioned along with the three teachers to cater for 17 pupils in the autism spectrum disorder, ASD, unit. A further 8.5 full-time SNA posts, one infant post and ten hours were allocated to the school to support children in the mainstream. This gives the school a total number of 21.5 SNA posts, one infant post and ten hours. This level of support has been determined by the NCSE to take into account the significant care needs of the children. The previous allocation, prior to this review of SNA posts, had been 17 SNA posts for the 17 pupils in the ASD unit, ten full-time SNA posts and two infant posts, and ten hours were allocated to the school to support children in the mainstream. The revised allocation of 13 SNAs for the three ASD classes will still provide an exceptionally high level of SNA support for these pupils and will still equate to an SNA to pupil ratio of one SNA per 1.3 pupils in these classes. Even taking into account the fact that the children in ASD classes have very significant care needs, this is a very high level of support. The current recommended SNA ratio for special class groups, as outlined in Department of Education and Skills circular 0038/10, is a ratio of two SNAs per special class group of six children for children with ASD. The NCSE has also advised it considers there are sufficient SNA posts to cater for all the children in mainstream. The school has appealed the decision of the NCSE and I understand the NCSE SENO and a senior SENO will meet the school in the coming days to discuss its appeal and its SNA allocation for the coming school year. Where schools have had a reduction in their level of SNA allocation or have not received the level of SNA support they feel is sufficient to cater for the care needs of pupils, the NCSE may review the level of care support. However, whereas I understand that schools may wish to maintain current staffing levels, the NCSE must ensure there is not an over-allocation of SNA posts in schools and ensure there are adequate posts for distribution across the school system. I thank the Deputy once again for raising the matter.

Forestry Sector Deputy Paschal Donohoe: I seek to understand whether any plans exist in regard to the forestry sector. The background is the McCarthy report on the disposal of State assets, which refers to Coillte. This idea has not developed on its own within Ireland as there was an attempt 372 Forestry 22 June 2011. Sector to put a similar plan in place by the British Government in regard to disposing of tracts of National Trust forest land. This plan was abandoned due firstly to popular opposition but also because the amount of money that would have been generated was such that it was not worth doing in the first place. We are all very much aware of the budgetary difficulties we face. One of the principles the Government has laid down in regard to the disposal of State assets is that it would seek to ring-fence any of the dividends that resulted to ensure they would be transmitted into job creation. I know this is a source of negotiation and a focus for the Government at present. However, another criteria that should be laid down is the appropriateness of certain decisions. An issue I would strongly question is whether a suitable response to the difficulties we are in at present is to sell off an asset we have inherited from generations past, which has a commercial value to the State that may yet be great. I look forward to the Minister’s response. I am particularly interested in understanding the distinction between Coillte as an organisation and the deeds that actually denote the ownership of the land upon which the trees are planted. I would like to know whether the Government is aware of that distinction and whether any plans exist in regard to either.

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I thank the Deputy for raising the matter, which is one on which I hope we will have conversations outside the Chamber also because I can understand the Deputy’s views and concerns. It is a useful opportunity for me to update the House on the Government’s thinking on this issue. Members will know Coillte was set up 22 years ago under the Forestry Act as a semi-State company operating on a commercial basis. Its core business is to operate 442,000 hectares of land, 390,000 of which is commercial forest while much of the other land is for recreational purposes. It is the dominant player in the Irish forestry business, supplying 80% to 85% of timber to sawmills. Even though it has not been involved in afforestation to any great extent in recent years, as it is the private sector which has been doing that very progressively, it is a still a hugely dominant player. The reason the questions are being asked today is predominately because Mr. Colm McCarthy’s recent report on the sale of State assets recommends:

The state should initiate the disposal of Coillte’s forest and non-forest assets (but not its forest land), possibly using the New Zealand Crown Forest Licence template modified to make it suitable to Irish conditions. Unforested land surplus to Coillte’s requirements should be sold and the proceeds remitted to the Exchequer by way of special dividend.

I remind the House that Mr. McCarthy’s report makes many recommendations. It is the Government’s job to consider those recommendations and to make a political decision as to whether it is appropriate to pursue them. That is the process we are in at present. I followed the McCarthy recommendations by asking Deloitte on a pro bono basis to examine Mr. McCarthy’s recommendations as they apply to my Department, to value the assets referred to and to make a series of recommendations around how one would go about a sale, given certain considerations I had in regard to those assets and in order that we would have more information before any decisions are made. The State will not sell the land Coillte owns — this is an issue I feel strongly about. I am considering whether it is appropriate to sell immature forest, as Coillte itself has done. More than 11,000 hectares of immature forest has been sold in recent years by Coillte. It is the harvesting rights for the timber that was sold, so, in other words, the company cashes in when the crop is immature and the timber is harvested at some stage in the future. Therefore, one 373 Accident and 22 June 2011. Emergency Services

[Deputy Simon Coveney.] can raise capital from the asset now without losing or having to sell the underlying asset, which is the land on which the forest is grown. This is the kind of approach Mr. Colm McCarthy is recommending. We are considering whether that is appropriate in the context of the contributions the forest will make towards carbon sinks in the future, and the State will certainly want to hold on to that asset. We are also examining whether it is appropriate to sell the entire company as a forestry company with harvesting rights without selling the strategic asset, which is the land. Coillte owns a number of companies in the wood panel industry, including SmartPly Europe Limited and Medite Europe Limited. They are profitable companies, which are exporting significant volumes of wood panelling. My preference is not to break Coillte up into various parts and then sell them off independently. That would not be the best way to realise the full value of the company but I am not convinced yet that Coillte or its forests should be sold at all. We are a long way off making that decision. Currently, I am maximising the information available in order that I can make an informed, sensible, well-thought-out decision which will not compromise the State’s core asset, which is the land it owns. Coillte manages 7% of our land mass and we will not sell out in the context of land ownership. The calculation we need to make is whether we should realise value from a company that does not necessarily need to be in State ownership and from the forest assets, most of which are immature or semi-mature, by selling harvest rights in the future. I am informing myself about, and putting a valuation on, these questions in order that I can come back to the House and the Cabinet with properly thought out recommendations.

Accident and Emergency Services Deputy Caoimhghín Ó Caoláin: Gaibhim buíochas leis an Ceann Comhairle as an deis chun an ábhar seo a phlé. We have a looming crisis in our public hospitals because of the total over- reliance of the hospital system on non-consultant hospital doctors, NCHDs. A total of 400 junior doctor posts must be filled. I regret the absence of the Minister for Health, although I commend the Minister for Agriculture, Fisheries and Food on coming to the House to take a debate designed for his address. If the NCHD posts are not filled or if sufficient numbers of those posts are not filled, we are facing, as admitted by the Minister for Health, the loss of emergency services, especially in our smaller hospitals. We now have the utterly bizarre and totally unacceptable situation that the hospital system faces meltdown in just over a fortnight from now unless sufficient numbers of junior doctors are recruited before the 11 July turnaround date. We are used to looking with trepidation towards 12 July and now we have another reason to do so. There is an unseemly scramble on the part of the Government to put in place legislation to facilitate the recruitment from abroad of junior doctors whom we should not have to import at all. There are sufficient numbers here if only medical staffing were properly organised. This is not a new problem. It has been known and widely recognised for years that the hospital system is totally over-reliant on junior doctors. Successive Governments have recognised this but have failed to address the problem and now it is looming again, worse than ever. No one is trying to place all the responsibility for this on the shoulders of the current Minister for Health or the Taoiseach but their response so far — and make no mistake about it — has been far from adequate. Last week, when this was first raised in the House by Sinn Féin leader, Deputy Adams, the Taoiseach stated that the Minister for Health would make a statement last Friday; there was no statement. The Minister then went on “The Frontline” programme on Monday to say: 374 Accident and 22 June 2011. Emergency Services

We may well end up with some accident and emergency departments that cannot be safely manned. It will not be any of the major ones. It will be small rural hospitals that will be the real difficulty.

For a start, there are no so-called small rural hospitals. Dundalk and Monaghan are large urban areas with densely populated rural hinterlands. Their hospitals have lost accident and emergency services. Nenagh and Ennis are also large towns with wide hinterlands and their hospitals have also lost accident and emergency departments. Navan, St. Colmcille’s in Loughlinstown, Roscommon, Mallow and Bantry hospitals all serve large urban and rural populations and are losing, or are set to lose, accident and emergency services. I have no doubt that the junior doctor issue is being used as a convenient excuse to close emergency departments in fulfilment of long-standing but ill-conceived plans on the part of the HSE and successive health Ministers. On the anniversary of the Government’s 100 days in office, 16 June, there was an unprecedented number of 52 patients on trolleys awaiting an inpatient bed in Our Lady of Lourdes Hospital, Drogheda. In April, the Irish Nurses and Midwives Organisation sought a meeting with the Minister to discuss this critical situation but this meeting has not yet taken place. The INMO industrial relations officer, Tony Fitzpatrick, has stated that overcrowding in the north east has been a critical and unresolved issue for ten years which has been exacerbated by the downgrading of services under the guise of reconfiguration, when in reality all changes have been driven by economics and not patient need. I can attest to the truth of that statement. If the Minister’s prediction is allowed to come true, the north east and all regions will face even worse situations in emergency departments from 1 July onwards. What will the winter be like? Unfortunately, recruiting sufficient additional junior doctors will be required in the short term but that will not be enough, despite suggestions from the Taoiseach to the contrary. Root and branch reform of medical training and staffing is needed. Nurses need to be freed up to fulfil more responsibilities in our hospital accident and emergency departments, for which they are qualified and willing to undertake. Hospital consultants must be required to fulfil their contracts to serve the public hospital system, because they are being widely breached. More consultants are required in our public hospital system and the current excessive remuneration for consultants needs to be reduced to facilitate the employment of additional consultants. The coalition has promised real change and I am asking that it now delivers on that.

Deputy Ciarán Cannon: I am taking this matter on behalf of my colleague, the Minister for Health. He is conscious of concerns about some hospitals in advance of the next rotation of NCHDs. Departmental officials are in constant contact with the HSE and relevant authorities to make certain the necessary steps are being taken to ensure ongoing safe delivery of service in hospitals and in accident and emergency departments, in particular. The shortage of suitable NCHDs is an issue worldwide. The HSE has taken a range of actions to address NCHD vacancies to ensure the resulting impact on services is minimised and patient safety maintained. A recruitment drive abroad is included in this process. Officials from the Department of Health are at an advanced stage of drafting a Bill to amend the Medical Practitioners Act 2007 to support the recruitment process. This will empower the Medical Council to register doctors in supervised posts for a defined period. The aim is to ensure a speedy availability of suitably trained NCHDs. The Minister has stated publicly that it will be a challenge to maintain current services in all accident and emergency departments because of the difficulty in recruiting NCHDs. The measures he is taking are designed to address this challenge as effectively as possible. 375 Hospital Waiting 22 June 2011. Lists

[Deputy Ciarán Cannon.]

The wider difficulties in accident and emergency departments, where patients wait unacceptably long periods, cannot be resolved solely within the departments themselves and must be addressed on the basis of a health system-wide approach. In particular, overcrowding in these departments is caused by many factors and any solution to problems that may arise from this issue must reflect this reality. We must ensure patients are treated in the most appropriate way in the most appropriate location. This means that, where and whenever possible, patients who can be treated in the primary care setting receive that treatment in a timely manner. This means that patients can be confident of receiving the necessary treatment on time and that there is less need for patients to attend at accident and emergency units. The Minister recently established the special delivery unit, SDU, and assigned to it, as a priority, the task of addressing the issues arising in accident and emergency departments. The SDU is a key part of the Government’s plans to reform the health system in Ireland radically, with the ultimate goal of introducing a system of universal health insurance. Its establishment was one of the Minister’s key priorities for the first 100 days of the Government’s term of office. Dr. Martin Connor has been appointed as adviser to the SDU. He has extensive experience in the NHS and led a similar initiative in Northern Ireland with considerable success. His principal task will be to build the SDU and to prepare proposals for the Minister on how best it can be placed on a permanent footing within the next six months. The SDU will work to unblock access to acute services by significantly improving the flow of patients through the system and by streamlining waiting lists, including referrals from GPs. The SDU is already working closely with the HSE, building on initiatives already under way, which include the clinical programmes developed by the HSE’s national directorate for clinical strategy and programmes. The SDU’s priorities, set by the Minister, will encompass: emergency departments where waiting times for admission have been unacceptably high in several hospitals, often breaching the current six-hour maximum waiting time target; in-patient waiting times, where the trend recently has been upwards, despite the work of the NTPF; out-patient waiting times because the time from GP referral to an appointment with a consultant is unacceptably long in many specialties; and access to diagnostics which forms an essential part of the patient journey for all the areas of access mentioned. I am confident that with improved processes for the recruitment of NCHDs, leadership from the special delivery unit, the implementation of the HSE’s emergency medicine programme and related clinical programmes, we will be in a position to reassure patients that the challenges for the delivery of services related to emergency departments will be quickly and decisively addressed.

Hospital Waiting Lists Deputy Ciarán Lynch: There is a backlog of 4,478 orthopaedic outpatients on the waiting list at Cork University Hospital who have been waiting two years or longer. The patient longest on the list has been on it for three and a half years. Each week an average of 100 new patients are referred to the hospital. The average waiting time for what is described as a “routine” patient is 24 months. A routine patient is likely to be an elderly person who will suffer “routine” pain every single day of the two years he or she is waiting to be examined. During this time, pain management often has to be administered by the local general practitioner while the person awaits that initial appointment with the consultant. As a result, the quality of life for this person is greatly diminished while he or she is waiting for the procedure. For administration purposes, pain may be described as “routine” but it is far from routine when examined in real human terms. Only this week on TV3, we saw an example of a woman 376 Hospital Waiting 22 June 2011. Lists on this waiting list, who, rather than go through the daily grind of dealing with the pain, went to her local credit union, borrowed €5,000 and got on an aeroplane to Poland to have her procedure carried out. To take another example, a 72 year old patient came to me last year who was also classed as a “routine” patient. He was advised that an urgent MRI scan was needed but that it could not be carried out until a hip examination had been completed. This makes no sense. Furthermore, patients classified as urgent wait an average of 18 months for an appointment at CUH. It is hard to conceive how a patient classed as “urgent” by a consultant can be expected to go on a waiting list for so long. The national outpatient department, OPD, project has been established to improve the delivery of OPD services and I commend the medical staff who are making every effort to reduce the backlog. Nonetheless, waiting times are increasing. Comparisons must be made with the private sector where it is commonplace for a patient to be treated for hip replacement in about eight to ten weeks. That suggests there is a major organisational difficulty at the heart of the problem and this was seen to be the case for a great number of years before the creation of the national treatment purchase fund, NTPF. In CUH we saw that patients were seen within three or four months. They may have been waiting two years for a procedure but were seen within that short period. Since the NTPF was put in place those patients must now wait for two years before they can get a first appointment. If they are not treated by that time they are then seen within the NTPF. There is something very worrying going on in Cork University Hospital and this has been the case for several years at an administration level. This must be sorted out. Cork University Hospital has made improvements in processing other areas of outpatient treatment. The same skills must be employed to improve orthopaedic services in the Cork region. I share the Minister’s objective of renewing the health service as set out in the programme for Government but 4,478 mainly elderly patients must not be expected to suffer in silence during this period of renewal. I ask him to make these patients his priority.

Deputy Ciarán Cannon: I will take this matter on behalf of my colleague, the Minister for Health, Deputy James Reilly. This Government finds the situation of waiting lists for orthopaedic services totally unacceptable. Patients need a service that is timely and effective. Statistics such as those given by the Deputy prompted the Minister to establish the special delivery unit as a priority. The SDU will focus in particular on those waiting for consultant appointments, as the Minister views the consultant appointment key to diagnosis and treatment of a patient. Reducing waiting times for outpatient departments is a priority for 2011, especially in specialties, including orthopaedics, that have the highest waiting times and numbers. There are a number of encouraging initiatives under way to alleviate this problem, in addition to the SDU. In HSE South, these include: additional staffing; a physiotherapy initiative; validation of waiting lists; improved management of OPD processes, including reducing missed appointments; and increasing the numbers of new patients seen at clinics. In HSE South, there are five permanent consultant orthopaedic surgeons in post in the trauma and elective service, with two locum consultants in the trauma service. There are currently 100 referrals per week. This has increased over the past 12 months, with two new permanent consultants providing revision surgery. HSE South has approval for three consultant orthopaedic surgeon posts at Cork University Hospital and South Infirmary Victoria University Hospital, namely, two new posts for orthopaedic surgeons with a special interest in paediatric orthopaedic surgery and one replacement post of orthopaedic general surgeon. Recruitment has been completed and it is anticipated that formal letters of appointment will issue soon. 377 The 22 June 2011. Adjournment

[Deputy Ciarán Cannon.]

Physiotherapist-led clinics were introduced in 2010 to address the waiting list for OPD appointments. The physiotherapists triage patients based on those waiting longest, patients primarily from the hip and knee lists. Some 35% of the patients seen at these clinics were referred to an orthopaedic consultant for surgical review. A review of this initiative has been completed, to continue to improve patient flows. Approval for three additional physiotherapists under the outpatient programme for rheuma- tology and orthopaedics has been sanctioned. These posts will allow for more musculoskeletal physiotherapy led clinics. The recruitment process has begun. At national level, an outpatients department performance improvement group has been established to improve OPD Services throughout the country. The project aims to address the significant numbers on waiting lists for some specialties and will standardise all aspects of OPD, including waiting lists validation, management of those who do not attend, DNAs, improvement in new to return ratios and improved triaging. Cork University Hospital and South Infirmary Victoria University Hospital have been selected to participate in the initial phase of this project. Cork University Hospital is undertaking a validation exercise on its OPD waiting lists. This exercise will link with the national OPD programme on the validation protocol, particularly for the clinical governance process for removing patients from waiting lists and for GP involvement in the process. It is expected that this exercise will reduce the numbers on the waiting list. Under the reorganisation of acute hospital services in counties Cork and Kerry, electronic GP referral to acute hospitals is being piloted. This will enable more efficient processing of referrals and allow patients and GPs to see waiting times for individual consultants. The implementation of these initiatives will greatly improve waiting list numbers. The Mini- ster and his officials will closely monitor the situation to ensure that these statistics become a thing of the past.

The Dáil adjourned at 9.30 p.m. until 10.30 a.m. on Thursday, 23 June 2011.

378 Questions— 22 June 2011. Written Answers

Written Answers.

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The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].

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Questions Nos. 1 to 8, inclusive, answered orally.

Questions Nos. 9 to 11, inclusive, resubmitted.

Questions Nos. 12 to 22, inclusive, answered orally.

Job Creation 23. Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht the extent the recent jobs initiative is expected to increase visitor numbers at our cultural institutions. [16492/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Whilst my Depart- ment provides funding to our National Cultural Institutions, the Board of each Institution is responsible for all operational matters relating to the institution, including visitor numbers, and I do not have a statutory function in respect of day-to-day operational matters. I am advised that in excess of 3.5 million people visited cultural institutions funded by my Department in 2010, an increase of 7% on 2009 figures. The quality and diversity of the cultural exhibits and events on offer at our museums and galleries plays a key role in attracting such significant visitor numbers, as does the ongoing hard work and commitment of the institutions themselves and their staff. The Institutions form a key component of our cultural tourism product offering and, as such, they play an increasingly important role as we strive to continue our economic recovery. Whilst it is not possible to accurately assess the full impact of the Government’s Jobs Initiat- ive at this early stage, it is anticipated that the tourism-related initiatives, such as the short term visa waiver programme, the reduction in air travel tax and the introduction of a new temporary second reduced rate of VAT for the tourism industry, will all have a positive effect in terms of attracting the cultural tourist from abroad to visit Ireland and view the many treasures on display at our various Institutions. Visitor figures for the first quarter of 2011 are very positive overall and it is hoped that the record levels achieved in 2010 will be maintained if not surpassed during the current year.

379 Questions— 22 June 2011. Written Answers

[Deputy Jimmy Deenihan.] Supplementary information

Visitor figures for 2009 and 2010

National Cultural Institutions Jan 09 — Dec 09 Jan 10 — Dec 10

National Library of Ireland 138,809 185,591 Irish Museum of Modern Art** 417,706 418,977 National Concert Hall 342,568 318,667 National Gallery of Ireland 782,469 736,855 Chester Beatty Library 218,338 206,653 National Archives 18,200 15,242 National Museum, Kildare St. 370,965 366,201 National Museum Collins Barracks 319,791 258,822 Natural History Museum* 0 253,597 National Museum Turlough Park. 98,523 114,343 Crawford Art Gallery 167,485 188,823

Total 2,874,854 3,063,771 *The Natural History Museum re-opened in April 2010. ** IMMA closed from 12 January to 5 February 2009 for maintenance works.

Other Cultural Institutions supported by the Department of Jan 09 — Dec 09 Jan 10 — Dec 10 Tourism, Culture and Sport

Archbishop Marsh’s Library 8,947 7,730 Foynes Flying Boat Museum 22,716 31,601 Hunt Museum, Limerick 24,561 23,498 Science Gallery 167,611 216,842 Dublin City Gallery — Hugh Lane 162,037 158,584 Royal Hibernian Academy 59,061 75,206

Total 444,933 513,461

Access to the collections held by the National Cultural Institutions is free of charge and the Institutions also provide free educational and family friendly events throughout the year. Some Exhibition highlights for 2011 IMMA Romuald Hazoumè 9 February-15 May 2011 One of Africa’s leading visual artists. The 40 piece exhibition at IMMA focuses on his iconic sculptures made from discarded plastic canisters which resemble the primitive tribal masks that were so influential to the early Modernists, such as Picasso and Braque. Philip Taaffe — Anima Mundi 23 March-12 June 2011 This survey exhibition of the work of the American painter Philip Taaffe, features 34 mixed media, mostly abstract paintings from the last ten years. 380 Questions— 22 June 2011. Written Answers

Frida Kahlo and Diego Rivera: Masterpieces of the Jacques and Natasha Gelman Collection 6 April-26 June 2011 Masterpieces of the Jacques and Natasha Gelman Collection, presents the iconic paintings of Frida Kahlo and Diego Rivera, the two central figures of Mexican Modernism. The paintings exhibited include key images by Kahlo such as Self Portrait with Monkeys, and Self Portrait as a Tehuana or Diego in My Thoughts, and the major work by Rivera, Calla Lily Vendors (all 1943). Barrie Cooke 15 June-18 September 2011 Organised to mark Barrie Cooke’s 80th birthday, this exhibition includes some 70 paintings and sculptural works from the early 1960s to the present. It draws from the Museum’s own significant holding of his works, as well as loans from various private and institutional collections. Out of the Dark Room. The David Kronn Collection 20 July-9 October 2011 Gerard Byrne 27 July-31 October 2011 20th Anniversary — IMMA celebrated its 20th anniversary in May 2011 and hosted a series of special events to mark the occasion, attracting significant numbers of visitors. National Gallery of Ireland Masterpieces from the Collection is a special presentation of some of the finest works in the Gallery’s collection. It includes a stunning selection of paintings from the European collection, from the early Renaissance through to the mid-twentieth century. Highlights of the Irish collection map the development of Irish art from the eighteenth century onwards and include key works by Hugh Douglas Hamilton, James Barry, William Orpen and John Lavery. These dis- plays also feature a selection of works from the extensive Prints & Drawings collection, among them Jean-Antoine Watteau, Woman Seen from the Back; Daniel Maclise, The Marriage of Strongbow and Aoife, and Edgar Degas, Two Ballet Dancers in a Dressing Room . Given the nature of the collection of works on paper, this display will be changed every few months to allow regular visitors to enjoy more of this collection. Paintings by Jack B. Yeats are on view in The Yeats Room. National Museum of Ireland Collins Barracks: The Asgard The restoration of this 51 foot (16m) sailing is now complete and it is hoped that it will form part of the Museum’s keynote exhibitions for 2011 when it goes on public display in the autumn of 2011. (Work is currently ongoing on making the gym in which it is currently housed suitable for public access and display). Kildare Street: The Treasury/The Fadden More Psalter The Fadden More Psalter is an 8th Century illustrated vellum manuscript that was found in a bog in 2006. Conservation work on the Psalter has been completed and is now on display in the refurbished Treasury exhibition. The refurbishment works also included the restoration of the mosaic floor at the Treasury. The Museum of Country Life, Turlough Park, The NMI plans to move the Roscommon Gold Hoard for display in Turlough Park where it is anticipated that it will attract significant visitors. The Hoard consists of a gold lunala and

381 Questions— 22 June 2011. Written Answers

[Deputy Jimmy Deenihan.] two small gold discs which date to the Early Bronze age c 2300- 1800 BC and is the most significant discovery of Early Bronze Age gold work from Ireland for many years. The Hoard was found following a robbery on a chemist in Strokestown, Co Roscommon in 2009. Natural History Museum The National History Museum was re-opened on 28th April 2010. The refurbishment has been a great success. Visitor numbers to the Museum have been very positive and the general reaction has been excellent. The OPW have been asked to examine the whether or not access can be gained to any part of to the two upper balconies. Culture-Related Tourism

• Cultural tourism is a key element of Ireland’s tourism industry. The list of top visitor attractions is dominated by natural and built heritage, and in addition, festivals, musical and other events attract major numbers of attendees.

• Some 3.53 million overseas visitors engaged in cultural/historical visits while in Ireland in 2008, 43% of total visitors, spending €2.3 billion, 56% of total overseas visitor spend in Ireland.

• Tourists who engage in cultural pursuits while in Ireland are higher than average spenders.

• A total of €3.03 billion, or 2% of GNP is at least partly dependent on overseas cultural tourism. Domestic cultural tourism would add significantly to this.

• A total of 73,000 jobs are dependent on cultural tourism, 3.4% of the total workforce. There is a very significant showcase impact from Irish culture, which raises the profile of the country and has a substantial economic benefit, most directly on tourism

Economic Contribution Cultural Tourism is a key element of the Irish Tourism product. Culture is cited by the majority of visitors to Ireland as a key motivator in choosing Ireland as a destination. The World Tourist Organization claims that Cultural Tourism represents between 35-40% of all tourism world-wide, and that it is growing at 15% per annum — three times the rate of growth of general tourism. The 2006 EU study on The Economy of Culture in Europe showed that in 2003 the contribution of the cultural and creative sectors represented 2.6% of Europe GDP and that the growth of the sector was 12.3% higher than the growth of the overall economy in the period 1999 to 2003. In Ireland the contribution was put at 1.7% of GDP in 2003. A report on cultural tourism by Fáilte Ireland that cultural tourists to Ireland are economically attractive, with income levels in advance of the average for the broader population. Cul- tural tourists demonstrate higher than average spending while on holiday. Fáilte Ireland has estimated that in 2009, 3.3 million visitors to Ireland engaged in what can be described as heritage/culture tourism and spent an estimated €1.9 billion while in Ireland. Within that total just over 1 million visited places of historical/cultural interest and spent an estimated €1.8 billion, representing the largest sector amongst those identified. Extract from Jobs Initiative

• The Air Travel Tax rate will be reduced to zero on or after such a day as the Minister for Finance may appoint by Commencement Order. This measure is subject to an agreement being reached with the airlines to bring in additional passenger numbers.

382 Questions— 22 June 2011. Written Answers

• To support the tourism industry, a new temporary second reduced rate of VAT of 9% will be introduced with effect from 1 July 2011 until end-December 2013. The new 9% rate will mainly apply to restaurant and catering services, hotel and holiday accommodation and various entertainment services such as admissions to cinemas, theatres, museums, fairgrounds, amusement parks and the use of sporting facilities. In addition, the new rate will also apply to hairdressing and printed matter such as brochures, maps, programmes and newspapers.

• Short-term Visa Waiver Programme — this measure will apply to short stay visitors of 14 nationalities who ordinarily require a Visa to enter the State and will apply over a period from July 2011 to October 2012. Under the proposal, potential visitors who are in possession of a valid visa to enter the UK will have that Visa recognised by Ireland as sufficient to allow lawful entry to the State for short stay tourism and business purposes.

Irish Language 24. Deputy Michael Colreavy asked the Minister for Arts, Heritage and the Gaeltacht his plans to stimulate Irish language theatre and to rebuild the national Irish language theatre An Taibhdhearc; and if he will make a statement on the matter. [16489/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): At the outset, I wish to acknowledge the important work undertaken by Taibhdhearc na Gaillimhe, as the national Irish language theatre, in promoting Irish language theatre. Since its establishment in 1928, An Taibhdhearc has been a pioneering force that has contributed to the theatrical tradition in Ireland through the numerous Irish language plays produced in An Taibhdhearc itself and throughout the country. It has always been a fundamental objective of An Taibhdhearc to develop and promote plays in Irish through the provision of a platform for new dramas produced professionally. In addition, An Taibhdhearc supports and nurtures a positive environment for the Irish language theatrical arts by providing high quality training opportunities to young people in the theatre. With regard to the provision of funding for refurbishment works to Taibhdhearc na Gail- limhe, I am pleased to inform the Deputy that I recently announced that it has been agreed in principle that funding of €300,000 will be provided by my Department to An Taibhdhearc, over a period of two years, to enable it to carry out these refurbishment works. A meeting between the Board of An Taibhdhearc and officials from my Department will be held shortly to progress this matter. In addition to this funding, my Department also provides an annual grant to An Taibhdhearc to assist administration costs. The amount being provided in 2011 is €323,920. The 20 Year Strategy for the Irish Language lays out a comprehensive strategy for the preservation and promotion of the Irish language. As outlined in that Strategy, it is proposed that all Irish language initiatives with a specific arts remit, to include drama and traditional arts, will be planned and developed as part of an integral arts strategy between my Department and the Arts Council.

Caiteachas Ranna 25. D’fhiafraigh Seán Ó Fearghaíl den Aire Ealaíon, Oidhreachta agus Gaeltachta cé méid airgid atá ar fáil in 2011 do thionscnaimh pobail agus do thionscnaimh spóirt; agus an ndéan- faidh sé ráiteas ina thaobh. [16616/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tuigfidh an Teachta gur ar an Roinn Comhshaoil, Pobail agus Rialtais Áitiúil go

383 Questions— 22 June 2011. Written Answers

[Deputy Dinny McGinley.] príomha atá an cúram maidir le tionscnaimh pobail agus gur ar an Roinn Iompair, Turasóire- achta agus Spóirt go príomha atá an cúram maidir le tionscnaimh spóirt. É sin ráite, tá soláthar €1.3m ar fáil do mo Roinnse i 2011 le caitheamh ar áiseanna pobail agus saoráidíáineasa sa Ghaeltacht. Faoin scéim seo, féadfaidh mo Roinn cúnamh a cheadú do choistí aitheanta áitiúla sa Ghaeltacht ionas go soláthrófaí nó go gcuirfí caoi ar ionad pobail nóáiseanna áitiúla áineasa, ar a n-áirítear, mar shampla, páirceanna spóirt, seomraí gléasta, cúirteanna liathróid láimhe, cúirteanna leadóige agus cúirteanna cispheile.

Departmental Properties 26. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the steps which he is taking to maximise the use of public properties with public access, with scientific interest; and if he will make a statement on the matter. [16447/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): There are approximately 750 national monuments in the ownership or guardianship of my Department, such as, for example, Newgrange, the Rock of Cashel and Kilmainham Gaol. The day to day management of these national monuments rests with the Office of Public Works. There is significant public access to these properties and, in many cases, guided tours are available. Information about these properties and about access to them is available on the www.heritageireland.ie website. My Department, through the National Parks and Wildlife Service, manages 6 State owned National Parks, as well as 78 nature reserves, 66 of which are in State ownership. All of our National Parks are open to the public all year round and similarly so for Nature Reserves. It is estimated that 2 million visitors visit our national parks every year. Visitors can independently explore the parks, can do so as part of guided walks or can take part in the many educational programmes run by the National Parks and Wildlife Service. Information on public access to the National Parks and Nature Reserves and their scientific significance can be found on the National Parks and Wildlife’s website at www.npws.ie . To encourage and maximise use of these facilities, access is free of charge in all cases. It is my intention to facilitate, to the greatest extent possible, public access and appropriate visitor use in these parks and reserves. Such access and use must, of course, be consistent with the ethos of the parks as natural places of peace and tranquillity set in scenic landscapes as well as being compatible with the conservation and biodiversity considerations that are of necessity associated with the management of heritage properties. For example, National Parks and Nature Reserves are largely covered by designations under the Birds and Habitats Directives and all activities within these sites must be consistent with the requirements of the Directives. Within the constraints imposed by current economic conditions, I intend to invest in visitor facilities in parks and nature reserves to maximise their sustainable use and enjoyment. To this end, and building on previous investment in this area, my Department is working on proposals to further develop visitor facilities such as walking and cycling routes, enhanced signage and interpretation. As regards visitor centres, in recent years my Department opened modern top quality centres at Ballycroy National Park, Co. Mayo, and Clara Bog Nature Reserve in Co. Offaly. I recently announced that my Department has finalised a lease to facilitate the development of a new Burren National Park Visitor Information Point in Corofin, Co. Clare, and I am also developing proposals for the refurbishment and redevelopment of Killarney House in Killarney National Park.

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There is significant evidence to suggest that Ireland’s historic and natural environment is an increasingly important element of our national tourism product. Investment in the conservation of our built and natural heritage has the dual benefits of preserving these properties for the enjoyment of present and future generations while also improving the local and national economy through the generation and expansion of responsible sustainable tourism. Our National Parks and nature reserves are there for all to enjoy and their locations around the country give everyone easy access to one of these areas of unrivalled natural rugged beauty.

Tax Reliefs 27. Deputy Robert Troy asked the Minister for Arts, Heritage and the Gaeltacht if he has had any discussions with the Department of Finance regarding the extension of tax reliefs to encourage the gaming industry here. [16609/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Primary responsibility for the support and promotion of film-making in Ireland, in respect of both the indigenous sector and inward productions, is a matter for the Irish Film Board. This agency is funded through my Department and is independent in its day-to-day operations. My Department’s operational role in supporting the film sector relates to the administration of elements of Section 481 of the Taxes Consolidation Act, 1997. Under that provision, tax relief is allowed for investments in qualifying films. This involves the administration of certain elements of the scheme regarding satisfying cultural criteria. The types of film eligible for certification are feature film, television drama, creative documentary and animation. Currently, the Irish Film Board has no role in relation to the gaming industry. Similarly, Section 481 relates to film production only. The Section 481 scheme is kept under regular review in conjunction with the Irish Film Board and any enhancements necessary to retain or regain competitiveness are addressed and brought to the attention of the Minister for Finance, as appropriate. The scheme has now been extended to the end of 2015. As I have mentioned in this House previously, I am finalizing a five-year strategy for the sector that, among other issues, will address the most appropriate supports to develop the convergence between the audiovisual content industry and the games industry. I hope to bring this strategy to Government in the coming weeks and, under the circumstances, do not feel it is appropriate to comment further at this time.

Heritage Sites 28. Deputy David Stanton asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the plans of Irish Heritage Trust to acquire for public access any other major heritage properties; and if he will make a statement on the matter. [16443/11]

34. Deputy David Stanton asked the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 37 of 11 May 2011, when the review of the operation of Irish Heritage Trust will be completed; and if he will make a statement on the matter. [16442/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 28 and 34 together. The Irish Heritage Trust was established to acquire for public access major heritage properties where the State does not wish to acquire them directly and where there is an imminent risk to their heritage value. The Trust was established as an alternative mechanism to acquire

385 Questions— 22 June 2011. Written Answers

[Deputy Jimmy Deenihan.] major heritage properties, assisting in preventing a further decline in the nation’s architectural heritage portfolio and opening them up to realise significant social and economic benefits. It is designated as a charity under the Companies Acts. The reasons behind the foundation of the Trust are as valid today as they were in 2006 when it was established. The economic environment has, however, changed dramatically and this has impacted significantly on the availability of resources, both private and public, to support the work of the Trust. My Department has commenced a review of the operation of the Trust against this backdrop, and in accordance with the intention that the Trust would be reviewed after its initial period of operation. I expect that the first phase of the review will be completed shortly. This will form the framework for discussions with the Trust with a view to the completion of the review over the coming months. With regard to potential acquisitions, it was envisaged at its inception that each property acquired by the Trust would be accompanied by an endowment fund, largely provided by the State, sufficient to conserve, maintain and present the property to the public into the future. The level of State endowment funding was to diminish as the Trust’s heritage portfolio grew. The Irish Heritage Trust has acquired Fota House in County Cork and my Department provided endowment funding to the Trust of €5 million towards the conservation and presentation of the property. Due to the difficult budgetary position, however, it has not been possible to continue State endowment funding to the Trust beyond the first acquisition. In the dramatically changed economic circumstances, the Trust is focusing on property acquisition projects that will not require endowment funding from my Department. For some of these projects to be realised they may require the utilisation of the provisions of section 1003A of the Taxes Consolidation Act 1997. The Deputy will appreciate that, due to the sensitive nature of the Trust’s discussions with individual property owners, it would not be appropriate for me to refer to any specific potential property acquisition.

Arts Funding 29. Deputy Liam Twomey asked the Minister for Arts, Heritage and the Gaeltacht his plans to fund projects that look at inter-county cultural events, with countries with which Ireland does not have an established cultural connection (details supplied). [16449/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The promotion of Irish arts worldwide is the responsibility of Culture Ireland, which operates as a constituent Division of my Department. The core programmes include a Quarterly Funding Schemewhich supports and enables emerging and established Irish artists and companies to present events or projects abroad. This scheme can be accessed by Irish artists and companies and also international venues and festivals. Applications should be submitted via Culture Ireland’s web- based application process, which provides information on the criteria for eligibility and assessment and affords the appropriate channel for all applicants to put their case for funding, with each application assessed on its merits. Identification of geographic priorities is given ongoing consideration, taking account of the resources available and the Government’s overall priorities for promoting Ireland abroad. Culture Ireland is addressing major developing markets, including China, India, Russia and Brazil in this context.

Commemorative Events 30. Deputy Catherine Murphy asked the Minister for Arts, Heritage and the Gaeltacht if a

386 Questions— 22 June 2011. Written Answers new national archive will form any part of the commemorative initiatives envisaged to mark the many centenary events in the coming decade; if the National Asset Management Agency properties might be considered in this context; the way he intends to deal with the current space constraints at the National Archives in the short term; and if he will make a statement on the matter. [16444/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): All of the Cultural Institutions, including the National Archives, under the remit of my Department will be consulted with a view to participating in the commemorative initiatives that will form part of the centenary celebrations. The question of alternative properties for the national institutions, including those owned by the National Asset Management Agency properties, is a matter for the OPW. In relation to the current space constraints in the National Archives, my Department is working in close co-operation with the OPW to improve the facilities there and I hope that substantial progress will be made in this regard by the end of the year.

Job Creation 31. Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the full extent to which he expects to utilise the area of arts and heritage to contribute to job creation with particular reference to the need to avail of every means possible in the current economic climate to generate commercial activity; and if he will make a statement on the matter. [16570/11]

116. Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he and other bodies or groups under his aegis can assist economic recovery; and if he will make a statement on the matter. [16568/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to answer Questions Nos. 31 and 116 together. As the Deputy will be aware, my Department has responsibility for the Arts, Heritage, the Irish Language and Islands sectors, which I am confident will play a key role in the context of this country’s economic recovery and contribute to job creation over the coming period. Indeed, while the arts, culture and creative sectors are important for the social, cultural and educative benefits that they bring to communities around the country, they also constitute a significant sector of the economy, in terms of both contribution to GNP and to employment. As such, they can make an important contribution to sustainable economic recovery. Over 3.5 million people visited our National Cultural Institutions and other cultural organisations supported by my Department last year. The priority in 2011 is to ensure that what the National Cultural Institutions offer to the public continues to draw large numbers of visitors, including both tourists from abroad and domestic tourists. My Department also provides funding towards cultural initiatives aimed at enhancing the cultural tourism product and the provision of employment in the cultural tourism sector. This year, Dublin Contemporary 2011 (DC2011) will be an internationally recognised and acclaimed contemporary art exhibition/event in Dublin and will provide a highlight for cultural tourism in Ireland. My Department continues to support the provision of genealogical research into family histories and encourage roots tourism and I believe that this is an area of huge growth potential which will contribute to job creation and commercial activity.

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[Deputy Jimmy Deenihan.]

As Minister with responsibility for heritage, I believe that Ireland’s rich heritage can also play a central role in national economic recovery. During my term of office, I will promote the role which Ireland’s heritage has to play in making Ireland an attractive destination for sustainable tourism and inward investment, both in terms of the National Parks and Wildlife Service of my Department, which operates Ireland’s national parks and nature reserves, and in terms of our unique built heritage, which distinguishes us and which make Ireland an attractive tourist location for both visitors and Irish people themselves. While resources are limited, I will look to work creatively across Government and with partner bodies such as the Heritage Council, the Irish Heritage Trust and other heritage interests in delivering high quality heritage protection and promotion. Finally, the Deputy will be aware that Údarás na Gaeltachta, the State agency responsible for promoting the economic, social and cultural development of the Gaeltacht with the overall objective of ensuring that Irish remains the main language of the region, also comes within the remit of my Department. I can assure the Deputy that my Department will continue to work with Údarás over the coming years with a view to creating jobs and supporting commercial activity in the Gaeltacht region.

Acht na dTeangacha Oifigiúla 32. D’fhiafraigh Dessie Ellis den Aire Ealaíon, Oidhreachta agus Gaeltachta i bhfianaise é a bheith tugtha le fios ag Oifig an Choimisinéara Teanga gur theip go leanúnach ar bhreis agus an ceathrú cuid de Ranna agus Oifigí Rialtais fiú an leibhéal seirbhíse is bunúsaí ar fad a sholáthar trí Ghaeilge do chustaiméirí ar an teileafón agus gur theip ar 29% eile oiread seirbhíse trí Ghaeilge a chur ar fáil agus a chinnteodh go raibh a ndualgais reachtúla a gcomhlíonadh acu, cad iad na céimeanna a ghlacfaidh aige chun an scéal seo a leigheas; agus an ndéanfaidh sé ráiteas ina thaobh. [16438/11]

49. D’fhiafraigh Pearse Doherty den Aire Ealaíon, Oidhreachta agus Gaeltachta i bhfianaise gur gheall na páirtithe Rialtais, mar chuid den Chlár Comhaontaithe Rialtais, go ndéanfaí athbhreithniú ar Acht na dTeangacha Oifigiúla, cén uair atá sé i gceist é sin a dhéanamh; cé a dhéanfaidh é agus cé na téarmaí tagartha atá leagtha síos ag an Aire dóibh; agus an ndéanfaidh sé ráiteas ina thaobh. [16435/11]

105. D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta gheall na páirtithe Rialtais, mar chuid den chlár comhaontaithe Rialtais, go ndéanfaí athbhreithniú ar Acht na dTeangacha Oifigiúla, cén uair atá sé i gceist é sinadhéanamh; cé adhéanfaidh é agus cé na téarmaí tagartha atá leagtha síos ag an Aire dóibh. [13217/11]

108. D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta tá sé tugtha le fios ag Oifig an Choimisinéara Teanga gur theip go leanúnach ar bhreis agus an ceathrú cuid de Ranna agus Oifigí Rialtais fiú an leibhéal seirbhíse is bunúsaí ar fad a sholáthar trí Ghaeilge do chustaiméirí ar an teileafón agus gur theip ar 29% eile oiread seirbhísí trí Ghaeilge a chur ar fáil agus a chinnteodh go raibh a ndualgais reachtúla a gcomhlíonadh acu, cé na céimeanna atá an Rialtas chun glacadh leis an scéal seo a leigheas. [13220/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): I propose to take Questions Nos. 32, 49, 105 and 108 together.

388 Questions— 22 June 2011. Written Answers

Ar an gcéad dul síos, ba mhaith liom a mhiniú do na Teachtaí go gcoimeádtar feidhmiú Acht na dTeangacha Oifigiúla faoi bhreithniú ag mo Roinn ar bhonn leanúnach. Sa bhreis air sin, tá dualgas orm mar Aire, faoi alt 5 den Acht, feidhmiú an Achta a athbhreithniú go bliantúil agus tuairisc ina leith a leagan faoi bhráid Thithe an Oireachtais. Tá tuairisc faoi na blianta éagsúla go 2009 ar fáil i Leabharlann an Oireachtais. An méid sin ráite, tá athbhreithniú níos cuimsithí ar an Acht á bheartú ag mo Roinnse i gcomhréir leis an ngealltanas atá sonraithe i gClár an Rialtais. Tá na céimeanna tosaigh le dlús a chur leis an athbhreithniú sin á dtógáil faoi láthair, ar a n-áirítear téarmaí tagartha sonracha, athógfaidh san áireamh stádas na Gaeilge sa Bhunreacht, spriocanna sa Straitéis 20 Bliain don Ghaeilge agus na bealaí is éifeachtaí chun seirbhísí an Stáit a sholáthar trí Ghaeilge. Tá i gceist go rachfar i gcomhairle leis na páirtithe leasmhara cuí, Oifig an Choimisinéara Teanga san áireamh, mar chuid den athbhreithniú. Maidir leis na céimeanna atá le tógáil ag an Rialtas chun a chinntiú go mbeidh seirbhísí Stáit trí Ghaeilge ar fáil ar bhonn leathan, ní miste aird a dhíriú ar an méid atá ráite sa Straitéis 20 Bliain don Ghaeilge i ndáil le Bearta don Ghaeilge sa tSeirbhís Phoiblí, eadhon, nach mórcláir fheasachta agus cláir oiliúna teanga a fhorbairt chun go mbeadh cion níos mó d’fhoireann na seirbhíse poiblí in ann go fírinneach feidhmiiú i nGaeilge agus in ann seirbhísí a sholáthar i nGaeilge do chustaiméirí abhíonn á n-iarraidh sin. Luann an Straitéis bearta sonracha ar leith chun tacú leis an chur chuige sin. Beidh an cur chuige is oiriúnaí chun feidhm a thabhairt do na bearta éagsúla sin á phlé ag mo Roinn leis na páirtithe leasmhara cuí mar chuid de phlean forfheidhmithe na Straitéise.

33. D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta ar chas sé le toscaireacht óÚdarás na Gaeltachta, na héilimh a bhí ag an toscaireacht agus an freagra a tugadh dóibh; agus an ndéanfaidh sé ráiteas ina thaobh. [12807/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Mar a tuarascaíodh go forleathan sna meáin ag an am, bhí cruinniú agam fhéin agus ag an Taoiseach le toscaireacht óÚdaras na Gaeltachta i mí Aibreáin seo caite. Tionóladh an cruinniú seo ar mhaithe le deis a thabhairt do bhaill an Údaráis a gcuid tuairimí maidir le ról agus struchtúr na heagraíochta sa todhchaí a chur in iúl. Cuireadh in iúl don toscaireacht ag an gcruinniú go gcuirfí a gcuid tuairimí san áireamh i gcomhthéacs an phlé abhí ar bun ag an am ag an gCoiste Rialtais faoin Ghaeilge agus faoin Ghaeltacht maidir le todhchaí an Údaráis. Ó shin i leith, tá cinntí mar a leanas maidir le struchtúir agus feidhmeanna Údarás na Gael- tachta tógtha ag an Rialtas: Go mairfidh an status quo maidir le feidhmeanna reatha na heagraí- ochta go ginearálta, a chuid feidhmeanna fiontraíochta san áireamh, faoi réir: foráil reachtúil a dhéanamh chun cumhacht a thabhairt don Aire Ealaíon, Oidhreachta agus Gaeltachta treoir a thabhairt don Údarás a chuid acmhainní teoranta a dhíriú i dtreo earnálacha fiontraíochta ar leith; agus meicníocht a fhorbairt chun go mbeidh an tÚdarás in ann comhoibriú le háisíne- achtaí fiontraíochta eile, ach go háirithe i gcás tograí suntasacha Gaeltachta a bhfuil poitéinseal ard acu. Go mbeidh an fhreagracht maidir le forfheidhmiú na Straitéise 20 Bliain don Ghaeilge laistigh den Ghaeltacht ar Údarás na Gaeltachta. Go ndéanfar foráil faoin mBille Gaeltachta atá beartaithe chunBord Údarás na Gaeltachta a laghdú go suntasach agus chun deireadh a chur leis an riachtanas do thoghcháin. Mar eolas don Teachta, i bhfianaise na gcinntí seo, tá iarrtha agam ar oifigigh mo Roinne cead na Roinne Airgeadais a lorg chun post Phríomhfheidhmean- nach na heagraíochta a fhógairt.

Question No. 34 answered with Question No. 28.

389 Questions— 22 June 2011. Written Answers

Straitéis 20 Bliain 35. D’fhiafraigh Michael P. Kitt den Aire Ealaíon, Oidhreachta agus Gaeltachta cen mhéid oibre atá deéanta ar an Straitéis Fiche Bliain don Gheilge; agus an ndéanfaidh sé ráiteas ina thaobh. [12965/11]

56. D’fhiafraigh Eamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta an méid oibre atá deéanta ar an Straitéis Fiche Bliain don Gheilge; agus an ndéanfaidh sé ráiteas ina thaobh. [12965/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tógfaidh mé Ceisteanna 35 agus 56 le chéile. Ó tháinig an Rialtas seo i bhfeidhm, ta dul chun cinn suntasach déanta maidir le cur i bhfeidhm an Straitéis 20 Bliain don Ghaeilge. Mar thoradh ar an gcruinniú Rialtas ar 31 Beal- taine 2011, tá cinntí polasaí críochnúla tógtha maidir leis

• an sainmhíniú nua ar an nGaeltacht, a bheith bunaithe feasta ar chritéir theangeolaío- cha; agus

• na struchtúir fhorfheidhmithe a chuirfear i bhfeidhm faoin Straitúis.

Cuirfear na cinntí seo san áireamh i mBille Gaeltachta agus táthar ag súil go bhfoilseofar an Bille a luaithe agus is féidir, ag brath ar amchlár reachtaíochta an Rialtais. Chomh fada is a bhaineann le forfheidhmií na Straitéise tá cinneadh tógtha ag an Rialtas go mbeidh an cur chuige a leanas ann:

• Fanfaidh an lár-fhreagracht maidir le gnóthaí Gaeilge, laistigh agus lasmuigh den Ghaeltacht araon, ar mo Roinn féin.

• Leanfaidh Foras na Gaeilge ag feidhmiú mar áisíneacht den bhForas Teanga Forfheidhmithe Thuaidh Theas.

• Beidh mo Roinnse, i gcomhpháirtíocht le páirtnéiríábhartha Stáit, freagrach as cur i bhfeidhm na Straitéise lasmuigh den Ghaeltacht. Sa chomhthéacs sin, breathnófar ar na féidearthachtaí go bhféadfadh Foras na Gaeilge seachadadh a dhéanamh ar eilimintí áirithe den Straitéis ar bhonn comhaontaithe.

• Beidh Údarás na Gaeltachta freagrach as cur i bhfeidhm na Straitéise laistigh den Ghaeltacht.

Mar sin, tá i gceist go leanfaidh Údarás na Gaeltachta ag comhlíonadh a chuid feidhmeanna go ginearálta, an fheidhm fhiontraíochta san áireamh. Mar aitheantas ar na laincisí buiséid faoina gcaithfidh Ranna Rialtais agus eagrais Staáit feidhmiú san am i láthair, an tÚdarás san áireamh, déanfar foráil reachtúil faoin mBille Gaeltachta chun cumhacht a thabhairt don Aire Ealaíon, Oidhreachta agus Gaeltachta treoir a thabhairt don Údarás a chuid achmainní teoranta a dhíriú i dtreo earnálacha fiontraíochta ar leith. Ar mhaithe le cur chuige níos comhtháite a chinntiú,déanfar meicníocht a fhorbairt le féachaint chuige go mbeidh comhoibriú idir Údarás na Gaeltachta agus Fiontraíocht Éireann/IDA, ach go háirithe i gcás tograí suntasacha Gaeltachta a bhfuil poitéinseal ard acu. Chomh maith leis an méid seo ar fad, tá cinneadh tógtha líon na gcomhaltaí ar Bhord Údarás na Gaeltachta a laghdú go suntasach agus deireadh a chur leis an riachtanas do thoghcháin. Tá

390 Questions— 22 June 2011. Written Answers sé i gceist go dtiocfar ar mheicníocht faoin mBille Gaeltachta le gur féidir comhaltaíóúdaráis áitiúla a bhfuil limistéir Ghaeltachta faoina gcúram a ainmniú ar Bhord an Údaráis. I dteannta leis sin, meastar go mbeidh comhaltaí eile le hainmniú ag an Aire, mar thoradh, inter alia,ar shaineolas ar leith a bheith acu i réimsí gnímh an Údaráis. Is léir, mar sin, go bhfuil dul chun cinn a dhéanamh agus go bhfuil aghaidh a thabhairt ar na céimeanna is gá athógáil chun an Straitéis a chur chun cinn laistigh de na hacmhainní teoranta ata ar fáil san aeráid eacnamaíoch reatha.

Turbary Rights 36. Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht if persons who cut turf on the 32 raised bogs designated as special areas of conservation under the EU habitats directive can cut, save and harvest turf this year without facing penalties. [16484/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The effective cessation of turf-cutting on 31 SAC sites was confirmed by a decision of the previous Government in May 2010 and had immediate effect. In addition, 2011 is also the final cutting season for a further 24 raised bog SACs. On the 5th April this year, the Government made a number of decisions to give effect to these cessations, including the putting in place of a compensation package for those who are required to cease cutting and the establishment of an independently chaired Peatlands Council to represent the interests of affected parties. The Council includes representatives from the Irish Farmers Association, the Irish Peatland Conservation Council, the Turf Cutters and Con- tractors Association, Irish Rural Link, Bord na Móna, An Taisce and the National Parks and Wildlife Service. Following reports of ongoing turf cutting on a small number of the 31 bogs, and severe concerns expressed by myself, the European Commission and Environmental Non-Govern- mental Organisations, the Peatlands Council held an emergency meeting on the 1st of June. The Council and all its members accepted that turf cutting could not continue on these raised bog SACs and representatives of the turf cutting contractors agreed to contact their members to ensure that no further cutting would occur. The Peatlands Council also recommended that those who had cut turf this year should be allowed to take it home as the damage to these bogs had already occurred and the removal of the turf would not cause further damage. I welcomed the agreement at the Peatlands Council on 1 June and stated that we now have a clear understanding that turf-cutting cannot continue on these sites and that the requirements of the Directive must be met. I also acknowledged that the needs of turf-cutters must be further explored and addressed as soon as possible. I also commended all those who refrained from cutting turf this year following the Government’s decision and I invited all turf-cutters in these sites to engage with my Department, which is currently hosting local clinics, in order to progress compensation and relocation arrangements. Issues in relation to prosecution or penalties will be kept under review in the light of compliance with the agreement not to cut turf on these sites. Any person who has had turf cut on these bogs during 2011 will not qualify for payment from the compensation scheme this year. I have put in place a system of monitoring to ensure that no further cutting takes place on the affected bogs. Any person found engaged in such activity will be pursued through prosecution and/or cross compliance.

391 Questions— 22 June 2011. Written Answers

Tionscnamh Post 37. D’fhiafraigh Aengus Ó Snodaigh den Aire Ealaíon, Oidhreachta agus Gaeltachta i bhfianaise gur gheall an Rialtas seo, mar chuid den Chlár Comhaontaithe Rialtais go gcuirfí deiseanna nua fostaíochta ar fáil sa Ghaeltacht ach gach aon tagairt shonrach dó sin a bheith sa Tionscnamh Post a fógraíodh cúpla seachtain ó shin, an féidir leis an Aire léargas a thabhairt ar na céimeanna a ghlacfaidh an Rialtas agus ar na hacmhainní a chuirfear ar fáil chun tacú le comhnú agus cruthú fostaíochta sa Ghaeltacht; agus an ndéanfaidh sé ráiteas ina thaobh. [16434/11]

48. D’fhiafraigh Michael P. Kitt den Aire Ealaíon, Oidhreachta agus Gaeltachta cénfáth nach bhfuil airgead curtha ar fáil d’Údarás na Gaeltachta don Scéim Feabhsúcháin Gaeltachta, d’fhorbairt na nOileán agus don Tionscnamh Post; agus an ndéanfaidh sé ráiteas ina thaobh. [16613/11]

103. D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta gheall an Rialtas seo, mar chuid den Chláir Comhaontaithe Rialtais go gcuirfíi deiseanna nua fostaíiochta ar fáiil sa Ghaeltacht, níil aon tagairt sonrach dói sin sa ‘Tionscnamh Fostaíiochta’ a fograíiodh an tseachtain seo caite; an féiidir leis an Aire léiargas a thabhairt ar na céiimeanna atáian Rialtas chun glacadh agus na hacmhainníi a chuirfear ar fáil chun tacúi le caomhnúi agus cruthúi fostaíiochta sa Ghaeltacht. [13215/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tógfaidh mé Ceisteanna Uimh. 37, 48 agus 103 le chéile. Is scéimeanna de chuid na Roinne Ealaíon, Oidhreacha agus Gaeltachta féin, seachas Údarás na Gaeltachta, iad an Scéim Feabhsúcháin Gaeltachta agus an Ciste um Fhorbairt Oileán. Is é an soláthar airgid atá curtha ar fáil i Vóta mo Roinne i gcomhar na scéimeanna seo i 2011 ná: Oileáin (Caipiteal), €3,7m; Seirbhísí Iompair Oileánda, €5,7m; Scéimeanna Feabhsúcháin Gaeltachta, €2,5m. Ar ndóigh, cruthaíodh an Tionscnamh Post, a fograíodhimí Bealtaine, chun fostaíocht a spreagadh ar fud an Stáit, na ceantair Ghaeltachta san áireamh. Ta roinnt mhaith gnéithe den Tionscnamh seo a mbeidh tionchar nach beag acu ar ghníomhaíochtaíÚdarás na Gaeltachta chun eacnamaíocht na Gaeltachta a fhorbairt. San áireamh anseo tá:

• an laghdú sa ráta CBL (VAT) i leith seirbhísá san earnáil turasóireachta;

• an laghdú ar an ráta ASPC (PRSI} d’fhostóirí i leith post a íocann suas go €356 in aghaidh na seachtaine;

• an tionscnamh chun soláthar creidmheasa don earnáil fhiontraíochta a eascú; agus

• rochtain níos fear ar dheiseanna soláthair a fhorbairt chun tacú le comhlachtaí.

Mar aon leis seo, cuireann mo Roinnse maoiniú ar fáil d’Údarás na Gaeltachta chun cuidiú leis a chuid spriocanna a bhaint amach. Ta suim de €6m curtha ar fáil i Vóta mo Roinne mar sholáthar caipitil d’Údarás na Gaeltachta don bhliain reatha. Anuas ar an tsuim seo, tá sé curtha in iúlaganÚdarás go mbeidh fáil aige ar thuairim is €7.5m eile i mbliana ó dhíol socmhainní. Is léir mar sin, go mbeidh tionchar dearfach ag an Tionscnamh Post agus ag an tacaíocht atá mo Roinn féin ag cur ar fáil don eagraíocht ar an obair leanúnach atá ar bun ag Údarásna Gaeltachta chun deiseanna fostaíochta a chaomhnú agus a chruthú do phobal na Gaeltachta.

392 Questions— 22 June 2011. Written Answers

Abbey Theatre 38. Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht his plans to bring forward proposals arising from the feasibility group investigating the possible relocation of the Abbey Theatre to the GPO; and if he will make a statement on the matter. [16483/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Following consideration of the matter by the Government, it has been decided not to proceed with the relocation of the Abbey Theatre to the GPO complex. This decision has been taken after a thorough examination of the Feasibility Study prepared by my Department and the Office of Public Works on the matter. The Feasibility Study was published on 17th June on the website of my Department. This decision was taken on the basis of the very significant potential costs involved, as well as on grounds of technical complexity, historical appropriateness, planning, conservation and heritage issues. Other significant factors in the decision related to the tenure and relocation of exiting tenants of the GPO complex, including An Post.

Arts Funding 39. Deputy Martin Ferris asked the Minister for Arts, Heritage and the Gaeltacht his proposals to support community-based art projects throughout the State. [16488/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Primary responsibility for the promotion of the arts at all levels throughout the country is devolved to the Arts Council. The Council is funded by my Department and is independent in its day to day operations, including funding decisions. The allocation to the Arts Council for 2011 is €65.127m.

40. D’fhiafraigh Caoimhghín Ó Caoláin den Aire Ealaíon, Oidhreachta agus Gaeltachta céard go díreach is brí leis an bhfógra ón Aire Stáit um Ghnóthaí Gaeltachta, Dinny McGinley, TD, go mbeidh comhoibriú foirmeálta idir Údarás an Gaeltachta agus an IDA agus Fiontraí- ocht Éireann amach anseo ós rud é go bhfuil caidreamh oibre eatarthu cheana féin; agus an ndéanfaidh sé ráiteas ina thaobh. [16440/11]

111. D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta an féidir leis an Aire soiléiriú a thabhairt maidir le todhchaíÚdarás an Gaeltachta; an bhfuil sé i gceist aige an struchtúr a fhagáil mar atá; an bhfuil sé chun cead a thabhairt don eagraíocht Príomhfheidhmeannach nua a cheapadh agus toghchánareáchtáil chun bord nua a thoghadh. [13223/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tógfaidh mé Ceisteanna Uimh. 40 agus 111 le chéile. Thóg an Rialtas cinneadh ar 31 Bealtaine 2011 go mairfidh an status quo maidir le feidhmeanna reatha Údarás na Gaeltachta go ginearálta, a chuid feidhmeanna diontraíochta san áire- amh, faoi réir:

(a) foráil reachtúil a dhéanamh chun cumhacht a thabhairt don Údarás a chuid acmhainní teoranta a dhíriú i dtreo earnálacha fiontraíochta ar leith; agus

(b) meicníocht a fhorbairt chun go mbeidh an tÚdarás in ann comhoibriú le haisíneachtaí fiontraíochta eile, ach go háirithe i gcás tograí suntasacha Gaeltachta a bhfuil poitéinseal ard acu.

393 Questions— 22 June 2011. Written Answers

[Deputy Dinny McGinley.]

Chinn an Rialtas freisin go mbeidh an fhreagracht maidir le forfheidhmiú na Straitéise 20 Bliain don Ghaeilge laistigh den Ghaeltacht ar Údarás na Gaeltachta agus go ndéanfar foráil faoin mBille Gaeltachta ata beartaithe chun Bord an Údaráis a laghdú go suntasach agus chunn deireadh a chur leis an riachtanas do thoghcháin. Ag eascairt as na gcinnithe sin, ta iarrtha agam ar oifigigh mo Roinne comhráite a thionscnamh lena gcuid comhghleacaithe sa Roinn Caiteachais Phoiblí agus Athchóirithe agus sa Roinn Post, Fiontar agus Nualaíochta chun an mheicníocht seo a fhorbairt. Beidh ionchur ag na háisínteachtaí forbartha fiontraíochta sna comhráite seo chomh maith, dar ndóigh. Gla- caim leis an méid a deir an Teachta maidir le comhoibriú a bheith ann cheana idir Údarás na Gaeltachta, Fiontraíocht Éireann agus an tÚdarás um Fhorbairt Tionsclaíoch, ach leis an mheicníocht nua seo, táim ag súil go mbeidh bealach níos córasaithe ann chun a chinntiú go bhfaighfear an luach is fearr ó thaobh airgid agus cruthú fostaíochta don Ghaeltacht ó na hacmhainní teoranta ata ar fáil don Stat san aeráid eacnamaíoch reatha. Tá iarrtha agam fosta ar oifigigh mo Roinne cead na Roinn Airgeadais a lorg chun post Phríomhfheidhmeannach Údarás na Gaeltachta a líonadh ar bhonn buan.

Special Areas of Conservation 41. Deputy Barry Cowen asked the Minister for Arts, Heritage and the Gaeltacht if further environmental designations (details supplied) are planned; the details of same; and if he will make a statement on the matter. [12808/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The process of designating Ireland’s suite of Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) is almost complete. It has been necessary for Ireland to revisit its designation of SACs and SPAs following two separate judgments of the European Court of Justice. Ireland’s suite of candidate SACs, adopted by the European Commission in 2008, extends to 423 sites countrywide. Ireland is required to add to its marine SAC sites and progress in this regard will be made over the coming period. It should be noted that the Habitats Directive requires a final designation process to formally adopt candidate SACs as SACs. The final steps in this process require formal designation of the sites by statutory instrument and the notification of owners and users that these sites have statutory protection. This stage of the process will commence shortly. Some 135 SPAs, of an eventual network of 153 sites, have already been classified in accordance with the terms of the Birds Directive as clarified by the European Court of Justice in its judgment against Ireland in case 418/04. Eighteen SPAs remain to be notified and this will happen over the coming months as the scientific data and maps for the sites are finalized. All SPAs will also be formally designated through statutory instrument and this process has been completed for 80 of the 150 sites. Owners and users will also be notified that these sites have statutory protection. The issue of formally designating further proposed NHAs will be considered further once the SAC and SPA designation programme is complete.

42. Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the full extent of area and location area of land, shorelines, river basins and bog lands currently protected by special areas of conservation or other conservation measures on foot of various

394 Questions— 22 June 2011. Written Answers

EU directives; the further extent and or areas the subject of future conservation orders in respect of which agreement has been reached with the EU authorities; the degree to which the full impact of any such provisions has been evaluated from an economic viewpoint; and if he will make a statement on the matter. [16569/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The designation of Ireland’s suite of candidate Special Areas of Conservation (cSACs) and Special Protection Areas (SPAs) is almost complete. The schedules below list Ireland’s suite of cSACs (Schedule 1) and SPAs (Schedule 2) classified to date with the area in hectares for each site. Some sites cross county boundaries and therefore feature more than once in the Schedules. The eventual number of SACs will marginally increase when further marine sites are added. The amount of land subject to this designation will not change significantly. Some 135 SPAs, of an eventual network of 153 sites, have already been classified in accordance with the terms of the Birds Directive, as clarified by the European Court of Justice in its judgment against Ireland in case 418/04. Eighteen SPAs remain to be notified and this will happen over the coming weeks as the scientific data and maps for the sites are finalised. Ireland is obliged under the EU Habitats and Birds Directives to base its site designations programme on scientific criteria. In addition, rulings of the European Court of Justice have clarified that member States may not take account of economic, social and cultural requirements when selecting sites of community importance or classifying SPAs.

National Parks & Wildlife Service

Schedule 1 — Special Areas of Conservation

Date 21/06/2011. Based on 1:10,560 series, Irish Grid map projection.

County codes

CL Clare CO Cork CV Cavan CW Carlow DG Donegal DU Dublin

GA Galway KD Kildare KE Kerry KK Kilkenny LA Laois LE Leitrim

LF Longford LH Louth LI Limerick MA Mayo ME Meath MO Monaghan

OF Offaly RO Roscommon SL Sligo TI Tipperary WA Waterford WI Wicklow

WM Westmeath WX Wexford

395 Questions— 22 June 2011. Written Answers

459 Questions— 22 June 2011. Written Answers

[Deputy Jimmy Deenihan.]

National Parks & Wildlife Service

Schedule 2 — Special Protection Areas

Date 21/06/2011. Based on 1:10,560 series, Irish Grid map projection.

County codes

CL Clare CO Cork CV Cavan CW Carlow DG Donegal DU Dublin

GA Galway KD Kildare KE Kerry KK Kilkenny LA Laois LE Leitrim

LF Longford LH Louth LI Limerick MA Mayo ME Meath MO Monaghan

OF Offaly RO Roscommon SL Sligo TI Tipperary WA Waterford WI Wicklow

WM Westmeath WX Wexford

Site code County Site name Area [ha]

004002 WX Saltee Islands SPA 871.00 004003 KE Puffin Island SPA 349.29 004004 MA Inishkea Islands SPA 1330.33 004005 CL Cliffs of Moher SPA 874.32 004006 DU North Bull Island SPA 1944.30 004007 KE Skelligs SPA 624.35 004008 KE Blasket Islands SPA 3621.94 004009 WX Lady’s Island Lake SPA 478.81 004015 DU Rogerstown Estuary SPA 645.62 004016 DU Baldoyle Bay SPA 262.77 004019 WX The Raven SPA 4206.50 004020 WX Ballyteigue Burrow SPA 660.53 004021 CO Old Head Of Kinsale SPA 53.65 004022 CO Ballycotton Bay SPA 281.34 004023 CO Ballymacoda Bay SPA 586.48 004024 DU Sandymount Strand/Tolka Estuary SPA 2194.11 004025 DU Broadmeadow/Swords Estuary SPA 764.96 004026 LH Dundalk Bay SPA 13243.53 004027 WA Tramore Back Strand SPA 675.98 004028 CO Blackwater Estuary SPA 166.90 004028 WA Blackwater Estuary SPA 697.18 004029 KE Castlemaine Harbour SPA 12403.02 004030 CO Cork Harbour SPA 2587.25 004031 CL Inner Galway Bay SPA 3052.01 004031 GA Inner Galway Bay SPA 10216.46 004032 WA Dungarvan Harbour SPA 2219.04 004033 WX Bannow Bay SPA 1363.92 004034 DG Trawbreaga Bay SPA 1518.31 004035 SL Cummeen Strand SPA 1732.43 004036 MA Killala Bay/Moy Estuary SPA 2321.11 004036 SL Killala Bay/Moy Estuary SPA 882.28 004037 MA Blacksod Bay/Broadhaven SPA 8314.33

396 Questions— 22 June 2011. Written Answers

Site code County Site name Area [ha]

004039 DG Glenveagh National Park SPA 31509.17 004040 DU Wicklow Mountains SPA 1368.23 004040 WI Wicklow Mountains SPA 28654.45 004041 CL Ballyallia Lough SPA 140.80 004043 WM Lough Derravarragh SPA 1130.58 004044 WM Lough Ennell SPA 1398.27 004045 LF Glen Lough SPA 24.44 004045 WM Glen Lough SPA 57.87 004046 WM Lough Iron SPA 933.75 004047 WM Lough Owel SPA 1119.13 004048 RO Lough Gara SPA 301.86 004048 SL Lough Gara SPA 1388.64 004049 CV Lough Oughter SPA 1974.05 004050 RO Lough Arrow SPA 64.78 004050 SL Lough Arrow SPA 1273.70 004051 MA Lough Carra SPA 1761.03 004052 MA Carrowmore Lake SPA 965.93 004056 GA Lough Cutra SPA 386.89 004057 DG Lough Derg (Donegal) SPA 890.27 004060 DG Lough Fern SPA 300.04 004061 CV Lough Kinale And Derragh Lough SPA 44.45 004061 LF Lough Kinale And Derragh Lough SPA 208.81 004061 WM Lough Kinale And Derragh Lough SPA 28.94 004062 GA Lough Mask SPA 783.88 004062 MA Lough Mask SPA 7955.51 004063 KD Poulaphouca Reservoir SPA 30.42 004063 WI Poulaphouca Reservoir SPA 1979.95 004065 CV Lough Sheelin SPA 1124.40 004065 ME Lough Sheelin SPA 453.50 004065 WM Lough Sheelin SPA 323.85 004066 CO The Bull And The Cow Rocks SPA 380.28 004068 SL Inishmurray SPA 235.20 004069 DU Lambay Island SPA 599.56 004072 MA Stags Of Broad Haven SPA 136.44 004074 MA Illanmaster SPA 165.01 004075 DG Lough Swilly SPA 8563.98 004076 WX Wexford Harbour And Slobs SPA 5996.11 004077 CL River Shannon and River Fergus Estuaries SPA 20039.00 004077 KE River Shannon and River Fergus Estuaries SPA 5070.00 004077 LI River Shannon and River Fergus Estuaries SPA 7150.00 004080 LH Boyne Estuary SPA 407.63 004080 ME Boyne Estuary SPA 186.05 004081 CO Clonakilty Bay SPA 507.98 004082 DG Greers Isle SPA 19.14 004084 MA Inishglora And Inishkeeragh SPA 382.06 004086 OF River Little Brosna Callows SPA 407.17 004086 TI River Little Brosna Callows SPA 701.95 004087 DG Lough Foyle SPA 587.93

397 Questions— 22 June 2011. Written Answers

[Deputy Jimmy Deenihan.] Site code County Site name Area [ha]

004089 GA Rahasane Turlough SPA 380.10 004090 DG Sheskinmore Lough SPA 563.28 004091 LH Stabannan-Braganstown SPA 252.00 004092 WX Tacumshin Lake SPA 479.11 004093 MA Termoncarragh Lake And Annagh Machair SPA 406.16 004094 CO Blackwater Callows SPA 390.52 004094 WA Blackwater Callows SPA 647.66 004095 CO Kilcolman Bog SPA 56.74 004096 GA Middle Shannon Callows SPA 1510.15 004096 OF Middle Shannon Callows SPA 1979.96 004096 RO Middle Shannon Callows SPA 1318.69 004096 TI Middle Shannon Callows SPA 675.04 004096 WM Middle Shannon Callows SPA 333.53 004097 GA River Suck Callows SPA 1497.36 004097 RO River Suck Callows SPA 1686.04 004098 MA Owenduff/Nephin Complex SPA 25703.81 004100 DG Inishtrahull SPA 474.45 004107 GA Coole-Garryland SPA 520.17 004110 DG Lough Nillan Bog SPA 4116.93 004111 MA Duvillaun Islands SPA 530.03 004113 DU Howth Head Coast SPA 207.82 004114 CL Illaunonearaun SPA 45.97 004115 DG Inishduff SPA 46.50 004116 DG Inishkeel SPA 124.46 004117 DU Ireland’s Eye SPA 214.52 004118 WX Keeragh Islands SPA 80.04 004119 CL Loop Head SPA 377.16 004120 DG Rathlin O’Birne Island SPA 153.61 004121 DG Roaninish SPA 145.82 004122 DU Skerries Islands SPA 217.21 004124 CO Sovereign Islands SPA 28.71 004129 SL Ballysadare Bay SPA 2129.97 004134 GA Lough Rea SPA 365.57 004135 SL Ardboline Island And Horse Island SPA 148.36 004136 MA Clare Island SPA 1006.16 004137 OF Dovegrove Callows SPA 124.56 004139 RO Lough Croan Turlough SPA 151.33 004140 RO Four Roads Turlough SPA 99.64 004142 GA Cregganna Marsh SPA 167.93 004143 WX Cahore Marshes SPA 191.61 004144 GA High Island, Inishshark and Davillaun SP 1217.65 004145 DG Durnesh Lough SPA 144.47 004150 DG West Donegal Coast SPA 3378.01 004151 DG Donegal Bay SPA 10460.34 004152 GA Inishmore SPA 1879.04 004153 KE Dingle Peninsula SPA 3913.19 004154 KE Iveragh Peninsula SPA 3488.49

398 Questions— 22 June 2011. Written Answers

Site code County Site name Area [ha]

004155 CO Beara Peninsula SPA 2613.22 004156 CO Sheep’s Head to Toe Head SPA 2501.19 004158 ME Ruver Nanny Estuary And Shore SPA 216.00 004160 LA Sieve Bloom Mountains SPA 15122.56 004160 OF Slieve Bloom Mountains SPA 6663.12 004161 CO Stack’s to Mullaghareirks, West Limerick Hills and ? 13857.55 004161 KE Stack’s to Mullaghareirks, West Limerick Hills and ? 24509.50 004161 LI Stack’s to Mullaghareirks, West Limerick Hills and ? 18316.61 004162 CO Mullaghanish to Musheramore Mountains SPA 4977.78 004165 LI Slievefelim to Silvermines Mountains SPA 4555.59 004165 TI Slievefelim to Silvermines Mountains SPA 16366.54 004167 MO Slieve Beagh SPA 3456.83 004168 CL Slieve Aughty Mountains SPA 27826.47 004168 GA Slieve Aughty Mountains SPA 31657.44 004170 GA Cruagh Island SPA 292.57 004172 DU Dalkey Islands SPA 83.08 004175 KE Deenish Island and Scariff Island SPA 845.72 004177 MA Bills Rocks SPA 149.72 004181 GA Connemara Bog Complex SPA 19214.00 004182 CL Mid-Clare Coast SPA 4640.65 004186 WI The Murrough SPA 941.19 004187 LE Sligo/Leitrim Uplands SPA 632.49 004187 SL Sligo/Leitrim Uplands SPA 1101.81 004189 KE Kerry Head SPA 962.25 004190 CO Galley Head to Duneen Point SPA 416.28 004191 CO Seven Heads SPA 447.05 004192 WA Helvick Head to Ballyquin SPA 784.66 004193 WA Mid-Waterford Coast SPA 937.47 004194 DG Horn Head to Fanad Head SPA 2430.70 004212 MA Cross Lough (Killadoon) SPA 26.75 004219 CO Courtmacsherry Bay SPA 1299.27 004220 CL Corofin Wetlands SPA 601.62 004221 GA Illaunnanoon SPA 19.79 004228 MA Lough Conn and Lough Cullin SPA 6461.59 004232 SEVERAL River Boyne and River Blackwater SPA 460.00 004132 DG Illancrone And Inishkeeragh SPA 419.58 004233 SEVERAL River Nore SPA 415.00

399 Questions— 22 June 2011. Written Answers

461 Questions— 22 June 2011. Written Answers

Performing Arts 43. Deputy Pádraig Mac Lochlainn asked the Minister for Arts, Heritage and the Gaeltacht his views on the possibility of Fleadh Cheoil na hÉireann taking place in Derry in 2013. [16490/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The location of this event is not a matter for consideration by me or my Department. This is entirely a matter for Comhaltas CeoltóiríÉireann.

Environmental Policy 44. Deputy Michael Colreavy asked the Minister for Arts, Heritage and the Gaeltacht if an environmental impact assessment has been carried out on raised bogs designated as special areas of conservation and natural heritage areas; the way this compares with the assessments of the impacts of turf cutting on designated raised bogs project, also known as the Fernandez report, which estimates that less than 1% of raised bogs were lost in the past ten years due to turf cutting; and if he will make a statement on the matter. [16487/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Environmental Impact Assessments are required where particular projects, within the meaning of the EU EIA Directives, are proposed to be carried out. The assessments normally form part of relevant consent procedures within Member States. Peat extraction is one category of project which falls within the remit of the Directives. The criteria under which peat extraction projects would require an Environmental Impact Assessment in Ireland are set out in the Planning and Development Regulations under the Planning and Development Acts 2000-2010 and under Environmental Impact Assessment Regulations made under the European Communities Acts. My Department is not aware that consent has been sought under these Regulations, or Environmental Impact Assessment carried out, for any peat extraction project on a designated bog in recent years. The Assessment of Impacts of Turf Cutting on Designated Raised Bogs Report (Fernandez Report), (2006) was a study carried out to review the impact on all designated bogs in Ireland of turf cutting, and to develop appropriate responses to these impacts. The Fernandez Report showed that domestic turf cutting was taking place on 117 of the 139 designated bogs. It also found that increased mechanisation of turf cutting has generally been associated with an intensi- fication of drainage of the cut over and high bog. A separate study completed by Fernandez in 2005 assessed the conservation status of almost 50% of the designated raised bog sites in Ireland. The study concluded that turf cutting activities and raised bog conservation were incompatible. It found that there had been an almost 37% decrease in the extent of the priority habitat type “active raised bog” on these bogs in a 10 year period. In the same period, approximately 1% of the high bog area had been cut away. The major cause of the decrease in the extent of these internationally important habitats, that this country is obliged by Irish and EU legislation to protect, was identified in the Fernandez report as domestic turf cutting and drainage works.

Performing Arts 45. Deputy Pádraig Mac Lochlainn asked the Minister for Arts, Heritage and the Gaeltacht the circumstances which led to the recent collapse of the Irish National Opera Company; the losses incurred by the State; his plans to rejuvenate opera here; and if he will make a statement on the matter. [16491/11]

400 Questions— 22 June 2011. Written Answers

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I refer the Deputy to my reply to today’s Priority Question No. 12 (ref: 16749/11).

Irish Language 46. D’fhiafraigh Caoimhghín Ó Caoláin den Aire Ealaíon, Oidhreachta agus Gaeltachta i bhfianaise é a bheith ráite ag an Aire go bhfuil sé chun deireadh a chuir le scéim labhairt na Gaeilge sa riocht ina bhfuil sé, nach n-aontaíonn sé go mbeadh sé níos fearr dá ndéanfaí athbhreithniú ar dtús agus scéim nua chun an Ghaeilge a chur chun cinn i measc an phobail a bheith pléite agus aontaithe sula gcuirfí deireadh leis an scéim reatha; cénscéim a thiocfaidh in áit scéim labhairt na Gaeilge; agus an ndéanfaidh sé ráiteas ina thaobh. [16439/11]

109. D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta i bhfianaise é a bheith ráite ag an Aire go bhfuil sé chun deireadh a chur le scéim labhairt na Gaeilge sa riocht ina bhfuil sé; nach n-aontaíonn sé go mbeadh sé níos fearr athbhreithniú a bheith déanta ar dtús, scéim nua chun an Ghaeilge a chur chun cinn i measc an phobail a bheith pléite agus aontaithe sula gcuirfí deireadh leis an scéim reatha; cénscéim a thiocfaidh in áit scéim labhairt na Gaeilge. [13221/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tógfaidh mé Ceisteanna Uimh. 46 agus 109 le chéile. Mar is eol don Teachta, rinne an Rialtas deireadh cinneadh críoch a chur le Scéim Labhairt na Gaeilge agus, mar sin, ní bheidh an scéim sin i bhfeidhm sa Ghaeltacht ó dheireadh na scoilbhliana reatha. Bhí moltaí agus tuairimíéagsúla faoin scéim faighte ag mo Roinnse ag dul siar go Coimisiún na Gaeltachta 2002. Is é an deacracht is mó a bhain leis an scéim nach raibh sí ag freastal ar theaghlaigh Gaeltachta le páistí roimh aois scoile agus, dá bhrí sin, ní raibh tionchar a dhóthain aici ar shealbhú teanga sa teaghlach. Tá sé i gceist ag mo Roinnse scéim nua tacaíochta a chur ina háit, a thabharfaidh deis níos fear do pháisti óga an Ghaeilge a shealbhú go nadúrtha cois teallaigh sula mbaintear an scoil amach. Beidh aon scéim nua ag teacht le haidhmeanna na Stráitéise 20 Bliain don Ghaeilge. Táthar ag scrudú na bhféidearthachtai éagsúla a bhaineann leis an gceist faoi láthair.

Cultural Institutions 47. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the steps which he is taking to maximise the use of State exhibits and exhibitions currently held in storage; and if he will make a statement on the matter. [16446/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The Deputy will appreciate that the management of exhibitions and exhibition material is an operational matter for which the individual institutions have responsibility and this is reflected, in particular, in the legislative basis under which the national institutions such as the National Museum, National Gallery and National Library operate. I am, however, arranging to have the Deputy’s interest in these matters conveyed to the Directors of the relevant institutions.

Question No. 48 answered with Question No. 37.

Question No. 49 answered with Question No. 32.

Commemorative Events 50. Deputy Micheál Martin asked the Minister for Arts, Heritage and the Gaeltacht his views

401 Questions— 22 June 2011. Written Answers

[ Deputy Micheál Martin.] that intervention to properly secure the future of 14-17 Moore Street Dublin, and its environs should be a priority in the run up to the 1916 centenary. [14535/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Firstly, in relation to the 1916 centenary celebrations, the Deputy is no doubt aware that the Taoiseach has announced his intention to establish a consultative group to make preparations for a major celebration of the 100th anniversary of the Rising in 2016 and has received nominations from partly leaders to same. He is now making arrangements to include representatives of independent Deputies and Senators. I will, as Minister for Arts, Heritage and the Gaeltacht, be chairing that group. In regard to Moore Street, the position is that, in January 2007, the then Minister for the Environment, Heritage and Local Government placed a preservation order on Nos. 14 to 17 under the National Monuments Acts. The order was made on the grounds that No. 16 Moore Street is a monument, the preservation of which is of national importance by reason of its historical significance as the site of the final council of war and final headquarters of the Provisional Government, which included five of the Proclamation signatories — Pearse, Connolly, Plunkett, Clarke and McDermott. The purpose of the preservation order is to ensure the preservation of No. 16 Moore Street in the context of wider redevelopment proposals centred on the former Carlton Cinema site. To achieve this objective, the order also covers Nos. 14 to 17 Moore Street and includes the yards to the rear of Nos. 15 and 16 Moore Street, extending to Nos. 8 and 9 Moore Lane. The effect of the order is that works affecting these properties, including any excavation or ground disturbance within, around or in proximity to them, will require my prior written consent under the National Monuments Acts. In relation to any plans for development work at Nos 14 — 17, I must point out that the buildings are in private ownership. The preservation order does not confer on the Minister the power to carry out works to such a privately owned National Monument and the purpose of the order is to protect the monument from any danger of being destroyed, injured or removed. The proposed development of the Carlton Cinema site, in accordance with the permission granted by An Bord Pleanála, envisages the retention of Nos. 14 to 17 Moore Street and, subject to ministerial consent under the National Monuments Acts, No. 16 Moore Street becoming a commemorative centre. Recent discussions between my Department and representatives of the site owners have considered, because of the small size of the houses, the possibility of spreading the commemorative centre (required to be put in place in No. 16) over the four houses, with Number 16 as the main focus. These discussions took place in the context of the consent required, under the National Monuments Acts, for any works affecting Nos. 14 to 17. Detailed proposals in this regard were submitted to my Department last Friday. The proposals, which comprise the conservation of No. 14 — 17 as a commemorative centre to facilitate interpretation of the significant cultural history relating to the events of Easter 1916, will now be carefully considered by me and by officials of my Department.

Oiche Chultúir 51. D’fhiafraigh Seán Ó Fearghaíl den Ealaíon, Oidhreachta agus Gaeltachta an féidir ceantair na Gaeltachta a thabhairt isteach in Oíche Chultúir 2011; an mbeidh sé i dteagmháil le hoifigigh i Ranna eile faoin bhféile seo; agus an ndéanfaidh sé ráiteas ina thaobh. [16615/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Tionólfar Oíche Chultúir 2011 ar an Aoine 23 MeánFómhair seo chugainn.

402 Questions— 22 June 2011. Written Answers

Is iad Taisce Chultúrtha Teampaill Bharra a dhéanann bainistíocht ar an Oíche. Tuigim go bhfuil dul chun chinn maith déanta i ndáil leis na hullmhúcháin d’Oíche Chultúir na bliana seo agus go bhfuil Ealaíon na Gaeltachta mar cheann de na hiarratas a fuair tairiscint airgeadais ó mo Roinnse.

Western Development Commission 52. Deputy Timmy Dooley asked the Minister for Arts, Heritage and the Gaeltacht if he has received a report yet on the future options in relation to the Western Development Com- mission; and if he will make a statement on the matter. [16612/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Following the recent re-configuration of Departments, Ministerial responsibility for the Western Develop- ment Commission now rests with the Minister for the Environment, Community and Local Government. I regret that, due to a misunderstanding, the appropriate arrangements to transfer the Deputy’s Question did not take effect as intended.

Arts Plan 53. Deputy Charlie McConalogue asked the Minister for Arts, Heritage and the Gaeltacht if he will clarify his comments at the recent launch of Imagine Ireland’s new cultural programme when he said that there was a major onus on the arts to repair the damage done to Ireland’s reputation. [16611/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Rebuilding Ireland’s reputation in key territories around the world has been one of this Government’s top priorities from its first day in office. In this context, I believe that the arts is one of our strongest assets in restoring our international profile and recapturing the goodwill that is clearly out there for Ireland, and culture needs to be at the heart of this promotional strategy. The Imagine Ireland initiative referred to by the Deputy is a great example of the creative energy, the ambition and the can-do spirit of the Irish arts and culture community in presenting the best of Ireland to the world at a critical time for the country.

Straitéis 20 Bliain don Ghaeilge 54. D’fhiafraigh Aengus Ó Snodaigh den Ealaíon, Oidhreachta agus Gaeltachta cé hiad na hAirí atá ar an gCoiste Rialtais atá ainmnithe leis an Straitéis 20 Bliain don Ghaeilge a chur i bhfeidhm; cén taithí atá acu ar a bheith ag plé le ceist na Gaeilge agus na Gaeltachta agus cén teanga a úsáidtear sna cruinnithe; agus an ndéanfaidh sé ráiteas ina thaobh. [16433/11]

110. D’fhiafraigh Peadar Tóibín den Ealaíon, Oidhreachta agus Gaeltachta cén uair atá Coiste Rialtais le hainmniú chun an Straitéis 20 Bliain don Ghaeilge a chur i bhfeidhm; agus cén Cathaoirleach a bheidh air [13222/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tógfaidh mé Ceisteanna 54 agus 110 le chéile. Rinneadh an Coiste Rialtais don Ghaeilge agus don Ghaeltacht a athbhunú ar 14 Aibreán 2011 faoi chathaoirleacht an Taoisigh agus bhí dhá chruinniú aige go dáta. Is iad baill an Choiste ná an tAire Ealaíon, Oidhreachta agus Gaeltachta, Jimmy Deenihan Uasal, T.D., mé féin mar Aire Stáit na Roinne, an tAire Caiteachais Phoiblí agus Athchóirithe, Brendan Howlin Uasal, T.D., an tAire Oideachais agus Scileanna, Ruairí Quinn Uasal, T.D.,

403 Questions— 22 June 2011. Written Answers

[Deputy Dinny McGinley.] an tAire Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha, Pat Rabbitte Uasal, T.D., agus an tAire Comhshaoil, Pobail agus Rialtais Áitiúil, Phil Hogan Uasal, T.D. Is Airí iad seo uile a bhfuil ceangal ar leith ag a réimsí freagrachtaí le cur i bhfeidhm na Straitéise 20 Bliain don Ghaeilge. Ag cruinnithe an Choiste, úsáidtear Gaeilge nó Béarla de réir mar a oireann.

Architectural Heritage 55. Deputy Liam Twomey asked the Minister for Arts, Heritage and the Gaeltacht his plans for the conservation of historic buildings that are in a perilous state of repair at present and if funding is available to carry out major conservation work cooperating with other State agencies on a building (details supplied); and if he will make a statement on the matter. [16448/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): My Department provides funding under the built heritage capital programme to the Office of Public Works (OPW) to assist in the conservation and presentation of historic properties and national monuments in State care. It should be noted that there has been a significant reduction in the budgetary allocation to this programme in recent years. The 2011 allocation to the programme is €2.005 million. €1.250 million of this funding has been allocated to the OPW. The remainder is being provided for a Structures at Risk Fund and for archaeological protection. The Structures at Risk Fund has been established to assist with works to safeguard structures protected under the Planning and Development Acts 2000- 2010. 23 local authorities have been issued with grant offers for a total of 31 projects under the fund. My Department also provides funding to support the work of the Heritage Council including for a number of conservation grants schemes — the Significant Places of Public Worship Grants Scheme, the Heritage Management Grants Scheme, Large Scale Heritage Properties Grants Scheme, Conservation Plan Led Projects Grants Scheme, and the Irish Walled Towns Grants Scheme. The building referred to by the Deputy is a national monument in State care. In addition to the Built Heritage Capital Programme referred to above and funded by my Department, the OPW operates an ongoing maintenance programme for all national monuments in State care.

Question No. 56 answered with Question No. 35.

Scéim na gCúntóirí Teanga 57. D’fhiafraigh Dessie Ellis den Ealaíon, Oidhreachta agus Gaeltachta cén plean atá ag an Aire maidir le Scéim na gCúntóirí Teanga; an féidir leis a dhearbhú go bhfuil an maoiniú atá ann don Scéim slán; an mbeidh an Scéim ag leanúint ar aghaidh mar atá,nó an bhfuil athbhre- ithniú beartaithe; agus an ndéanfaidh sé ráiteas ina thaobh. [16437/11]

107. D’fhiafraigh Peadar Tóibín den Ealaíon, Oidhreachta agus Gaeltachta maidir le Scéim na gCúntóirí Teanga, cén plean atá ag an Aire don Scéim seo; an féidir a dhearbhú go bhfuil an maoiniú atá ann di slán; an mbeidh sí ag leanúint ar aghaidh mar atá,nó an bhfuil athbhreithniú beartaithe. [13219/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tógfaidh mé Ceisteanna 57 agus 107 le chéile. Mar is eol don Teachta, bunaíodh Scéim na gCúntóirí Teanga i 1999 ar bhonn píolótach chun an Ghaeilge a láidriú mar theanga labhartha i measc aos óg na Gaeltachta agus iompar

404 Questions— 22 June 2011. Written Answers teanga scoláirí scoile a chur i dtreo na Gaeilge. Íocann mo Roinnse deontais le heagraíochtaí sna réigiúin éagsúla Gaeltachta chun an Scéim a chur i bhfeidh. Suim de €655,236 a bhí i gceist i mbliana. Faoin Scéim seo, cuirtear cainteoirí líofa Gaeilge chuig scoileanna Gaeltachta chun cuidiú le páistí nach bhfuil an Ghaeilge mar phríomhtheanga acu nó igcásanna a theastaíonn a thuilleadh cabhrach uathu. Déantar é seo neamhspleách ar an múinteoir ranga le scéalaíocht, rannta, drámaí beaga, cluichí agus a leithéid. Fostaítear suas le 85 cúntóir faoin scéim agus iad ag obair i scoileanna ó cheann ceann na Gaeltachta. Rinneadh athbhreithniú iomlánaranscéim i 2003 agus, go deimhin, rinneadh athbhreithniú bliantiúil uirthi ó shin i leith. Ar bhonn ginearálta agus comhthreomhar leis sin, ar ndóigh, tá athbhreithniú cuimsitheach caiteachais ar bun ag gach Roinn Stáit agus cuimseofar san athbhre- ithniú sin caiteachas iomlán na Roinne sa Ghaeltacht. Mar is eol don Teachta, tá an córas oideachais, an phleanáil teanga agus ról an teaghlaigh i mbuanú na Gaeilge sa Ghaeltacht sainithe i measc na réimsí gnímh faoi leith atá luaite go sonrach sa Straitéis 20 Bliain Don Ghaeilge 2010-2030. Fearacht gach scéim agus beartais eile a thagann faoi chúram mo Roinne, beidh gá a chinntiú mar chuid de chur i bhfeidhm na Straitéise go dtacaíonn siad ar an mbealach is fearr is féidir leis na tiomantais ábhartha atá déanta sa Straitéis trí chéile.

Marriage Rate 58. Deputy Dan Neville asked the Taoiseach the marriage rate per 100,000 population in 1970, 2009 and 2010. [16744/11]

Minister of State at the Department of the Taoiseach (Deputy Paul Kehoe): The following table shows the marriage rate in the State per 100,000 estimated population. Marriage figures for 2010 are not yet available but will be published on the 29th June 2011.

Marriage rate per 100,000 population

Year Estimated Population No. of Marriages Rate per 100,000

1970 2,944,000 20,778 705.8 2000 4,459,300 21,541 483.1

Human Rights Issues–– Human Rights Issues 59. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade his views on a resolution on human rights violations based on sexual orientation and gender identity at the UN. (details supplied). [16772/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): On Friday, 17 June 2011, a resolution on Human Rights, Sexual Orientation and Gender Identity was adopted by vote at the United Nations (UN) Human Rights Council in Geneva. I welcome this historic development, which is the first time that a UN resolution has explicitly acknowledged human rights protection as covering sexual orientation. This resolution was adopted with 23 votes in favour, 19 against, and 3 abstentions. While Ireland is not currently a member of the Human Rights Council and as a result did not have a vote, we were supportive of the initiative and co-sponsored the resolution.

405 Questions— 22 June 2011. Written Answers

[Deputy Eamon Gilmore.]

The resolution demonstrates the increasing commitment across the international community to the promotion and protection of the human rights of all persons, irrespective of their sexual orientation and gender identity. This resolution also builds upon previous initiatives at the United Nations. In March 2011, at the 16th Session of the Human Rights Council, Ireland actively supported a Joint Statement on behalf of 85 countries from every continent entitled ‘Ending acts of violence and related human rights violations based on sexual orientation and gender identity’. Ireland was one of fifteen EU Member States that were part of a cross regional core group that worked to prepare the Statement in Geneva. In December 2008, a United Nations General Assembly (UNGA) Statement on human rights, sexual orientation and gender identity was delivered with the support of 68 countries including Ireland and all EU Member States.

60. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade his views that a resolution should be tabled at the UN to investigate the human rights violations in Sri Lanka during the civil war there particularly by the current Government at the end of the war. [16773/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I refer the Deputy to Parliamentary Question Number 16403/11. Ireland fully supports the UN Panel of Experts recommendation for the establishment of an independent international mechanism to investigate the allegations of human rights violations by both the Sri Lankan military and the Liberation Tigers of Tamil Eelam in the closing stages of the war. At European Union level, a statement by High Representative Ashton on the 10 May also called for an inquiry into the allegations of misconduct by both sides to the conflict. As we know from past experience, such an investigation could make an important contribution to building lasting peace and stability in Sri Lanka. Officials from my Department have conveyed this point to the Sri Lankan authorities and as recently as last week re-iterated this at the UN Human Rights Council in Geneva. The promotion of human rights is a key element of the Government’s foreign policy towards Sri Lanka. Ireland played an active part in the European Union decision to suspend duty free access which was granted to Sri Lankan exports under the Generalised System of Preferences (GSP plus) after the Sri Lankan Government failed to deliver written undertakings on human rights conventions dealing with torture, children’s rights and political rights. The international community can play an important role in facilitating dialogue and reconciliation in Sri Lanka. I would again urge the government in Colombo to co-operate fully with the UN and address the recommendations made by the Panel of Experts. The matter will be kept under consideration as to the most appropriate course of further action at international level.

Departmental Staff 61. Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade the current numbers and grades of staff employed in North-South co-operation units in his Depart- ment as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16827/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): At the time of the Good Friday Agreement, North South co-operation issues were handled in a broader framework rather than in a specific North South cooperation unit. These issues continue to be dealt with by the Department’s Anglo-Irish Division. Currently within that Division there is a

406 Questions— 22 June 2011. Written Answers team of five officers made up of one Counsellor, two at First Secretary/Assistant Principal level, one Third Secretary and one Clerical Officer who deal primarily with matters relating to North South economic co-operation.

Freedom of Information Act 62. Deputy Shane Ross asked the Minister for Finance if he will consider making the Office of the President subject to the Freedom of Information Act; if not, why not; and if he will make a statement on the matter. [16643/11]

Minister for Finance (Deputy Michael Noonan): The Deputy may be aware that the Prog- ramme for Government proposes to extend the Freedom of Information Acts, to ensure that all statutory bodies, and all bodies significantly funded from the public purse, are covered. The Department of Public Expenditure and Reform is reviewing the Freedom of Information Acts, in light of the Programme for Government commitment to inform the preparation of appropriate legislative amendments for consideration by the Minister for Public Expenditure and Reform in the first instance and the Government in due course.

Departmental Schemes 63. Deputy Joan Collins asked the Minister for Finance if he will confirm that the cycle to work scheme is only in operation for two months of the year that is March and April of the year; if he confirms that it is an all year scheme, if he will explain the reason the northern area health board only processes this scheme in March and April. [16688/11]

Minister for Finance (Deputy Michael Noonan): The cycle to work scheme is available all year round, there is no restriction on when a bicycle may be purchased. However, I would point out that it is a matter, in the first instance, for employers to implement the scheme having regard to their own administrative requirements. While Circular 16/2009 provides instructions on the implementation of the cycle-to-work scheme in the Civil Service, my Department has no objection to the wider Public Service using this civil service circular to implement the scheme.

Departmental Staff 64. Deputy Thomas P. Broughan asked the Minister for Finance the number of persons employed by the Office of Public Works by grade; the pay scale by grade within the OPW; the locations of OPW staff by number and grade; if he will provide a full report on the decentralis- ation to Trim, County Meath; and if he will make a statement on the matter. [16653/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): The information sought is currently being compiled and will be forwarded directly to Deputy Broughan.

Proposed Legislation 65. Deputy Mary Lou McDonald asked the Minister for Finance when the fiscal responsibility Bill will be published and if he will detail the range of fiscal policy and expenditure management reforms that will be contained within the Bill. [16680/11]

Minister for Finance (Deputy Michael Noonan): Ireland has a long-established budgetary framework which has undergone a series of reforms in recent years to assist in making the budgetary process more transparent and effective. Moves have been made in the last year or so to accelerate this process of reform and the bringing forward of the draft Fiscal Responsibility legislation will be central in this regard. While the matter has yet to be considered by the Government, it is my intention that the Bill will be introduced in the Dáil in the Autumn

407 Questions— 22 June 2011. Written Answers

[Deputy Michael Noonan.] session. In that context, the main fiscal policy and expenditure management reforms which are likely to be contained in the Bill are:

• Provisions to underpin the soon-to-be-established Fiscal Advisory Council which will provide independent assessment of key aspects of the Government’s fiscal stance;

• Fiscal rules governing expenditure growth, debt formation and deficit financing, taking account of initiatives currently being finalised at EU level, and

• Provisions relating to the introduction of a Medium-Term Expenditure Framework (MTEF), building upon existing multi-annual systems and taking account of best international practice, as a support to the ongoing process of restoring the public finances to sustainability.

In early April, my Department and the Department of Public Expenditure and Reform jointly published a discussion document entitled Reforming Ireland’s Budgetary Framework which provides further detail in relation to the above measures. The document may be accessed on my Department’s website at www.finance.gov.ie. Enhancing and strengthening our budgetary architecture will assist in establishing confidence in our ability to successfully restore sustainability to the public finances. Finally, the Deputy may be aware that under the Joint EU/IMF Programme of Financial Support, Ireland is committed to implementing a range of measures to reform the budgetary framework. This includes the introduction of a Fiscal Responsibility Bill by the end of 2011.

Offshore Islands 66. Deputy Noel Harrington asked the Minister for Finance if, further to Parliamentary Question No.100 of 5 April 2011, he will make provision for Ilnacullin-Garinish Island to be opened to the public and tourists for the month of March 2012 to provide for the Easter tourist trade, to improve employment prospects in the tourist sector in this area; and if he will make a statement on the matter. [16700/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): Garinish Island is planned to open to visitors on the 1st of April, 2012 and will remain open until the end of September — Easter Weekend in 2012 is 7/8 April. When Easter falls in March the Island always opens to coincide with this. The experience of OPW is that there are not sufficient visitors in March to justify the costs of rostering staff for this month. The gardening staff at the Island do facilitate visits outside of the main Guided Service period, and are available to facilitate booked coach tours in March 2012, should such bookings be confirmed. The Café franchise coincides with the 1 April to end September period. It is the intention of OPW to continue to operate these opening and closing dates over the next number of years, subject to resources being made available.

Insurance Industry 67. Deputy Noel Grealish asked the Minister for Finance following the flooding which took place in November 2009 in areas (details supplied) in County Galway and at which the Office of Public Works are now carrying out remedial works, his plans to ensure that householders are fully insured in the event of this flooding recurring again in the future. [16716/11]

Minister for Finance (Deputy Michael Noonan): The question of providing cover to new policyholders or renewing it for existing ones is a matter for each insurance company to decide on a case by case basis. This allows a company to assess properly the risk it is considering

408 Questions— 22 June 2011. Written Answers accepting. Consequently, I am not in a position to comment on particular cases as neither the Central Bank nor I, as Minister for Finance, have any influence over such matters. The Govern- ment cannot put pressure on insurance companies to accept or to reject policyholders. However, it should be noted that the industry has informed my Department that it is reluctant to discontinue flood cover for existing policyholders, and would generally only do so where there have been repeated claims. The best option open to homeowners in the areas concerned, who are unable to obtain flood insurance cover or to renew existing cover, is to contact the Irish Insurance Federation which operates a free Information Service. Their service can be contacted at (01) 6761914 or by email at [email protected].

Tobacco Prices 68. Deputy Gerald Nash asked the Minister for Finance if he will provide the annual increases in the retail price of the most popular price category of 20 filter tipped cigarettes since 1999 to date in 2011 in tabular form; and if he will include the pre-budget retail price, the budget tax increase and the proportion of that due to specific tax, ad valorum tax and VAT, the post-budget price, the trade increase and the tax element of the trade increase broken into its constituent parts. [16761/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that the annual increases in the retail price category of the most popular price category of 20 filter tipped cigarettes since 1999, together with the requested breakdown, are set out in the following table.

Tobacco — 20 Cigarettes

Budget Changes and Trade Increases: Effect on Retail Price Expressed in Cents

Budget Trade Excise Excise Total VAT Total Trade Year MPPC Increase Increase Specific Ad Excise Content Tax Content Valorem

Cent Cent Cent Cent Cent Cent Cent Cent Cent 03-Dec-98 398.7 169.5 69.6 239.1 69.2 308.3 90.4

1999 6.3 0.0 1.1 1.1 1.1 2.2 4.1 405.1 169.5 70.7 240.2 70.3 310.5 94.5 01-Dec-99 63.5 40.7 11.8 52.5 11.0 63.5 468.5 205.7 87.0 292.7 81.3 374.0 94.5

2000 8.9 0.0 1.7 1.7 1.5 3.2 5.7 477.4 205.7 88.7 294.3 82.9 377.2 100.2 06-Dec-00 477.4 207.4 90.2 297.6 79.6 377.2 100.2

2001 477.4 207.4 90.2 297.6 79.6 377.2 100.2 10.2 0.0 1.9 1.9 1.7 3.6 6.5 487.6 207.4 92.1 299.5 81.3 380.8 106.8 05-Dec-01 12.7 8.2 2.4 10.6 2.1 12.7 500.3 216.4 93.7 310.1 83.4 393.5 106.8

2002 500.3 216.4 93.7 310.1 86.8 396.9 103.4 20.7 0.0 3.9 3.9 3.6 7.5 13.2 521.0 216.4 97.6 314.0 90.4 404.4 116.6 04-Dec-02 50.0 32.0 9.3 41.3 8.7 50.0 571.0 249.9 105.4 355.3 99.1 454.4 116.6

409 Questions— 22 June 2011. Written Answers

Budget Trade Excise Excise Total VAT Total Trade Year MPPC Increase Increase Specific Ad Excise Content Tax Content Valorem

Cent Cent Cent Cent Cent Cent Cent Cent Cent 2003 16.0 0.0 3.0 3.0 2.8 5.7 10.3 587.0 249.9 108.4 358.2 101.9 460.1 126.9 03-Dec-03 25.0 16.0 4.6 20.7 4.3 25.0 612.0 266.8 112.1 378.9 106.2 485.1 126.9

2004 13.0 0.0 2.4 2.4 2.3 4.6 8.4 625.0 266.8 114.5 381.3 108.5 489.8 135.2

2005 10.0 0.0 1.8 1.8 1.7 3.6 6.4 07-Dec-05 635.0 266.8 116.3 383.1 110.2 493.3 141.7

2006 20.0 0.0 3.7 3.7 3.5 7.1 12.9 655.0 266.8 120.0 386.8 113.7 500.5 154.5 06-Dec-06 50.0 32.0 9.3 41.3 8.7 50.0 705.0 302.7 125.3 428.1 122.4 550.4 154.6 2007 10.0 0.0 1.8 1.8 1.7 3.5 6.5 715.0 302.7 127.1 429.9 124.1 554.0 161.0 05-Dec-07 30.0 19.2 5.6 24.8 5.2 30.0 745.0 321.1 133.5 454.6 129.3 583.9 161.1

2008 10.0 0.0 1.8 1.8 1.7 3.5 6.5 755.0 321.1 135.3 456.4 131.0 587.5 167.5 14-Oct-08 50.0 32.0 9.3 41.3 8.7 50.0 805.0 350.6 147.2 497.8 139.7 637.5 167.5 01-Dec-08 2.7 0.0 0.0 0.0 2.7 2.7 807.7 350.6 147.6 498.2 142.9 641.2 166.5 2.3 0.0 0.4 0.4 0.4 0.8 1.5 810.0 350.6 148.1 498.7 143.3 642.0 168.0

07-Apr-09 25.0 15.9 4.6 20.6 4.4 25.0 835.0 366.8 152.4 519.2 147.8 667.0 168.0 2009 10.0 0.0 1.8 1.8 1.8 3.6 6.4 845.0 366.8 154.2 521.1 149.5 670.6 174.4

01-Jan-10 - 3.5 0.0 0.0 0.0 - 3.5 - 3.5 841.5 366.8 153.6 520.4 146.0 666.5 175.1 2010 13.5 0.0 2.5 2.5 2.3 4.8 8.7 855.0 366.8 156.0 522.9 148.4 671.3 183.7

2011 855.0 366.8 156.0 522.9 148.4 671.3 183.7 Note: In January ‘01 the rate of VAT was reduced to 20% with offsetting increases in excise duty (3.1p) to leave price and total tax content unchanged. Budget date 6th December 2000. VAT Rate increased to 21.0% on 1 March 2002. VAT Rate increased to 21.5% on 1 December 2008. VAT Rate reduced to 21.0% on 1 January 2010.

Public Procurement 69. Deputy Seán Kyne asked the Minister for Finance if he will seek, on Ireland’s behalf, to have the financial thresholds for public procurement applications, as set by EU Directives 410 Questions— 22 June 2011. Written Answers

2004/17/EU and 2004/18/EU, reviewed with the aim of raising the limits in view of the fact that currently all projects costing more than €50,000 must go through the procurement process which is overly cumbersome and time consuming, especially for important community level projects. [16764/11]

Minister for Finance (Deputy Michael Noonan): Under EU Directives contracting authorities are obliged to advertise contracts valued above certain thresholds in the Official Journal of the European Union as well as on the national public procurement website www.etenders.ie. The current EU Directive threshold for public works contracts (exclusive of VAT) is €4,845,000. Therefore projects of the value referred to by the Deputy are not subject to the provisions of the EU Directive. It is a basic principle of public procurement that a competitive process should be used. National rules and guidelines set out procedures, proportionate and relevant to the level of the contract, to be followed by public bodies. At present public works contracts in excess of €50,000 are advertised on the etenders website. The main reasons for setting the threshold at this level is to open up public procurement opportunities to small and medium sized enterprises (SMEs) and to achieve value for taxpayer’s money through a competitive and transparent tendering process. Public procurement guidelines are kept under review in light of the impact on operational efficiency, value for money and accessibility to business opportunities etc.

Criminal Prosecutions 70. Deputy Dara Calleary asked the Minister for Finance if any criminal prosecutions have been taken in relation to the seizure of more than 120 million illegal cigarettes in Greenore Port, County Louth, in October 2009 and if no prosecutions have occurred, the reason for same. [16768/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners who have primary responsibility for tackling cigarette smuggling, including the investigation of related offences, that the seizure referred to by the Deputy was part of Operation Samhna which was carried out in Greenore, Co Louth, in October 2009. This operation focused on a general cargo vessel, which arrived from the Philippines carrying over 120 million illegal cigarettes concealed in the cargo of animal foodstuffs. The operation was led by Revenue’s Customs Service with support from An Garda Síochána, the Criminal Assets Bureau, the Irish Naval Service and the Air Corps. The seizure resulted in nine arrests by An Garda Síochána for the purpose of questioning. The arrested persons were subsequently released without charge, pending the completion of an investigation file by the Revenue Commissioners. The investigation into this case was carried out by assigned officers from both the Revenue Commissioners and also from the European Anti Fraud Office (OLAF). The investigation required the gathering of evidence from the Philippines and involved a number of requests for Mutual Legal Assistance to the relevant authorities abroad. The evidence gathered in this case both nationally and internationally is currently under review and a detailed file on the matter is being prepared for consideration by Revenue’s legal service.

Social Insurance 71. Deputy Eric Byrne asked the Minister for Finance if he will confirm receipt of money in

411 Questions— 22 June 2011. Written Answers

[ Deputy Eric Byrne.] respect of a person (details supplied) in Dublin 8; if it will be refunded as a matter of urgency; and if he will make a statement on the matter. [16805/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that all payments made to that office in respect of PRSI Contributions for the individual concerned are on the records of the Department of Social Protection and have been correctly credited by that Department to the individual’s PRSI records.

Departmental Staff 72. Deputy Gerry Adams asked the Minister for Finance the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16826/11]

Minister for Finance (Deputy Michael Noonan): There are currently 4 staff members (1 Principal, 2 Assistant Principals and 1 Higher Executive Officer) in my Department working on North/South related matters as established under the Good Friday Agreement. In addition, these staff members are also responsible for other areas of work i.e. EU Structural Funds and other programmes. Prioritisation of resource allocation in my Department is conducted on an ongoing basis with reference to the Department’s business needs objectives and the level of expenditure available from which to meet those objectives. In this context, I am satisfied that the particular area of work has and will continue to be adequately resourced.

Special Educational Needs 73. Deputy Derek Keating asked the Minister for Education and Skills the steps he is taking to ensure that a child with special needs in an area (details supplied) will not lose a place in the local school due to the lack of special needs assistant posts; and if he will make a statement on the matter. [16756/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. The NCSE issued a circular to all schools advising of the allocation process for SNA support for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of Special Needs Assistant support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and intend to inform schools of their annual SNA allocation as soon as possible, in advance of the coming school year. However, while this process is ongoing it is not possible to predict the numbers of Special Needs Assistants that will be allocated to any school, including the school referred to by the Deputy in Lucan.

74. Deputy Olivia Mitchell asked the Minister for Education and Skills if his attention has been drawn to the fact that schools are reporting difficulties in complying with circular 0030/2011; if such reports are widespread; if there is any updated guidance for schools to deal

412 Questions— 22 June 2011. Written Answers with the complexities which arise as a result of implementing the circular; and if he will make a statement on the matter. [16644/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Circular 30/2011 sets out the interim arrangements to apply for the 2011/12 school year for Learning Support/Resource Teacher and Resource Teacher posts. The purpose of this circular is to inform schools of the interim arrangements that are being put in place for the 2011 /12 school year in respect of their NCSE approved resource hours and learning support hours so that posts are deployed in line with authorised allocations. The Department’s approach has allowed schools to “roll-over” all their existing full time posts on the condition that any surplus capacity in these posts is shared with other local schools. If the “roll-over” arrangements are not sufficient to meet a schools approved allocation, they must firstly contact their local schools for any surplus capacity and then, if necessary, there is an application process to the Department under the Circular.

Higher Education Grants 75. Deputy Bernard J. Durkan asked the Minister for Education and Skills if a higher educational grant adjacent or non-adjacent is available to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16654/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a student grant is a matter for a student’s grant awarding body. The Deputy will appreciate that, in the absence of the all of the relevant details contained in an application form, it is not possible for me to say if a candidate qualifies for a grant. However, students who are attending undergraduate courses in an EU Member State, which appears to be what the student has in mind, can apply for a grant in respect of an approved course which is being pursued in an approved institution. I would advise the student in question to apply to his local grant awarding body to establish his eligibility or otherwise for a grant.

Schools Recognition 76. Deputy Brendan Griffin asked the Minister for Education and Skills his plans to develop a plan for the establishment of new all-Irish schools, gaelscoileanna; and if he will make a statement on the matter. [16661/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A review of the criteria and procedures for the establishment of new primary schools has been undertaken by the Commission on School Accommodation and its report was recently published on my Department’s website. The report’s recommendations and proposals are a useful contribution to the deliberations of the recently established Forum on Patronage and Pluralism in the Primary Sector. The report recognises the increasing parental demand for diversity of school provision and in particular for Irish medium and multi-denominational/non-denominational education. I am considering the report’s recommendations and proposals. In the interim it is not proposed to recognise any new primary schools, except in areas where the increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. In this regard, I should point out that approval has been given to recognise a new Gaelscoil in Ashbourne , Co. Meath from September 2011 and approval has also been given to recognise a new Gaelscoil

413 Questions— 22 June 2011. Written Answers

[Deputy Ruairí Quinn.] in Mulhuddart, Co. Dublin from September 2012. Both these schools will be under the patronage of An Foras Pátrúnachta.

Schools Building Projects 77. Deputy Dan Neville asked the Minister for Education and Skills the position regarding the completion of the construction of the new national school (details supplied) in County Limerick; if the school will open for the resumption of classes in September; and if he will clarify the situation regarding payment for work by subcontractors [16690/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My officials are aware of the issues which have arisen in relation to this school building project and are liaising with the Board of Management and the Design team in relation to next steps. It is not possible at this stage to give an indicative timeline for the progression of the project; however my priority is to ensure that the project will be completed as soon as possible. The contract for the project to which the Deputy refers is between the Board of Management and the main contractor. There is no contractual relationship between any of the sub-contractors engaged on this project and either my Department or the Board of Management. In general, all sub-contractors employed on school building projects are employed directly by the Main Contractor or indirectly by the Main Contractor through other sub-contractors. Payment to subcontractors is a matter to be dealt with under the terms and conditions agreed between the parties involved.

Site Acquisitions 78. Deputy Simon Harris asked the Minister for Education and Skills if additional land has been purchased for educational purposes at a location (details supplied); the amount of land that was purchased and the cost of same; and if he will make a statement on the matter. [16696/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm to the Deputy that my Department acquired 9.63 hectares of land for educational purposes in 2010 in the area to which he refers. This was in addition to land previously acquired in the area for educational purposes. Due to commercial sensitivities pertaining to site acquisitions generally it is not my Department’s policy to provide details of the purchase cost of sites recently acquired as it could jeopardise ongoing site acquisitions.

Schools Building Projects 79. Deputy Simon Harris asked the Minister for Education and Skills his plans for the new temporary post-primary school currently being built for first year students at a location (details supplied) when these premises are replaced by a new premises built by way of public private partnership; and if he will make a statement on the matter. [16697/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department is in the process of finalising its analysis of enrolments at primary and post-primary level in all areas in the country in order to determine the level of additional school provision which will be required at both levels up to 2017. The accommodation requirements in the area to which the Deputy refers, including the future use of the temporary post primary school, will be considered as part of this process.

414 Questions— 22 June 2011. Written Answers

FÁS Training Programmes 80. Deputy John Lyons asked the Minister for Education and Skills if his attention has been drawn to the fact that participation in a FÁS course has the effect of making persons ineligible to apply for the new initiative, Springboard; his views on whether this penalises persons who have been long-term unemployed and are making every effort to re-enter the labour force, including retraining and upskilling, and if he will review the criteria of this scheme to allow applications to be decided on a case by case basis. [16698/11]

Minister for Education and Skills (Deputy Ruairí Quinn): It is not the case that people who have participated in FÁS training programmes are precluded from applying for a Springboard programme. To be eligible for a place on a Springboard course applicants must have been unemployed for a minimum of 6 months when the course starts. At the time of starting a Springboard course an applicant also must be in receipt of Jobseeker’s Allowance, Jobseeker’s Benefit or One Parent Family Payment or be signing for contribution credits and be available and actively seeking employment. In calculating the qualifying period of 6 months unemployed, time in receipt of a FÁS training allowance will be taken into account.

Telecommunications Services 81. Deputy Noel Harrington asked the Minister for Education and Skills his plans for the next phase of providing 100 MB broadband to schools following the pilot programme in 2009; and if he will make a statement on the matter. [16702/11]

83. Deputy Noel Harrington asked the Minister for Education and Skills if he will provide 100 MB broadband service to a school (details supplied) in County Cork; and if he will make a statement on the matter. [16707/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 81 and 83 together. No decision has been made in relation to the next phase of providing 100Mbps to schools. Any decision to extend the programme will be made having regard to the current budgetary constraints and other priorities of my Department. The National Centre for Technology in Education is currently in the process of completing a pedagogical review of the pilot project, the outcome of which will also inform future plans in this area. In relation to providing 100Mbps to the Sacred Heart Secondary School, Clonakilty, this school will be provided with a 100Mbps connection in due course should a decision be made to roll out 100Mbps to all post primary schools.

School Transport 82. Deputy Dominic Hannigan asked the Minister for Education and Skills if his attention has been drawn to an agreement involving his Department at a school (details supplied) in County Meath in respect of free school transport for children who were previously in the catchment areas of two schools which were amalgamated into the larger school; if this agreement is still in place; and if he will make a statement on the matter. [16704/11]

415 Questions— 22 June 2011. Written Answers

[Deputy Ciarán Cannon.] have experienced changes in population, the number of schools in an area may have increased and private transport is more widely available. While my Department acknowledges the importance of school transport, my Department must always seek to ensure that every service that is funded by the public is operated in a manner that delivers for pupils, parents and taxpayers alike. In light of this, the Closed School Rule changes to school transport services were announced in the 2011 Budget by the previous Fianna Fáil-Green Party Government and derive from recommendations in the Value for Money Review of the scheme. It is important to stress that there are a number of dimensions to the cessation of the Closed School Rule (CSR). The first of these, which will be implemented from September 2011, involves the uniform application of the distance criterion to all pupils travelling under the primary transport scheme, including those travelling under the CSR. This means that children residing less than 3.2 kilometres from their school of amalgamation will be deemed ineligible for school transport. In such cases, these children may apply for concessionary transport. The second element of the change is scheduled to take effect in September 2012 and will apply only in the case of pupils commencing their primary education from that date. This second element will restrict school transport eligibility for those pupils entering in September 2012, to pupils who meet the distance eligibility criterion and are travelling to their nearest school. Available statistics, based on sampling undertaken as part of the Value for Money Review, indicate that the impact of this change will be limited as the majority of pupils categorised under the CSR are in fact attending their nearest school and will not be affected by this change. Before implementing this second main change which is proposed for 2012, my Department has requested Bus Éireann to conduct a detailed analysis of the “on the ground” impact for individual schools and the rural communities they serve. This analysis will be based on the most up to date information available on current school transport usage patterns and I expect to have this information available to me this summer. I will then have an opportunity to carefully examine the likely affects of this change well in advance of the 2012 implementation date. Question No. 83 answered with Question No. 81.

Schools Refurbishment 84. Deputy Noel Harrington asked the Minister for Education and Skills if he will provide financial support to carry out urgent repairs to a school (details supplied) in County Cork; and if he will make a statement on the matter. [16715/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Applications under my Depart- ment’s Summer Works and Emergency Works Schemes to upgrade the school’s Home Econ- omics Room have been received from the school referred to by the Deputy. The purpose of the Emergency Works Scheme is solely for unforeseen emergencies or to provide funding to facilitate inclusion and access for special needs pupils. An emergency is deemed to be a situation which poses an immediate risk to health, life, property or the environment which is sudden, unforeseen and requires immediate action and in the case of a school if not corrected would prevent the school or part thereof from opening. As the scope of works for this project is outside the terms of the Emergency Works Scheme it cannot be considered for emergency funding and due to the scale of demand for funding under the Summer Works Scheme it was not possible to grant aid all applications.

416 Questions— 22 June 2011. Written Answers

State Examinations 85. Deputy Robert Dowds asked the Minister for Education and Skills the position regarding the leaving certificate examination in respect of a person (details supplied) in Dublin 22. [16718/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The State Examinations Com- mission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations, determining procedures in places where examinations are conducted including the supervision of examinations and making arrangements for the marking of work presented for examination. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

Special Educational Needs 86. Deputy Terence Flanagan asked the Minister for Education and Skills his views on a matter (details supplied) regarding a mild general disabilities class. [16755/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that the National Council for Special Education (NCSE), through its network of local Special Edu- cational Needs Organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports. This includes the allocation of resource teaching hours to schools as well as the establishment of special classes in various geographical areas as required and the discontinuation of such classes where the need no longer exists. The NCSE operates within my Department’s criteria in allocating such supports. In respect of special classes, schools are required to observe Department policy in enrolling children to these classes. This includes having a professional assessment confirming that the child’s attainment levels meet the Department’s criteria and a recommendation for special class placement. Schools are eligible for resources for special classes when the pupils enrolled meet the Department’s criteria. Schools are required to liaise with their local SENO in the context of any proposed placements in special classes. All schools have the names and contact details of their local SENO. In respect of pupils with mild general learning disability (MGLD) who are in a class which being suppressed due to reduced pupil numbers, these pupils will be able to receive teaching support through the teaching resources allocated to the school under the General Allocation Model (GAM). Schools decide themselves how best to use this allocation based on the needs of the pupils and how to adjust their support in line with the changing needs of pupils as they mature. My Department provided a circular SP ED 02/05 to schools to assist them in deploying the General Allocation Model resources. Schools in the Delivering Equality of Opportunity in Schools (DEIS) programme with Band 1 status, including the school in question, receive beneficial GAM allocations in addition to enhanced pupil-teacher ratios.

Teacher Training 87. Deputy John Browne asked the Minister for Education and Skills if the professional development service for teachers support service is compensating the education centres in the country adequately for hosting and providing in-service for the programme; if he is satisfied that teachers are receiving a high standard of continuous professional development through the use of PDST; the evidence of same; and if he will make a statement on the matter. [16802/11]

417 Questions— 22 June 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): The Professional Development Service for Teachers (PDST) was established in September 2010, following a reconfiguration of the support services in existence prior to that date. 2011 is the first full year of operation of the PDST. In allocating budgets to education centres for the administration of PDST strands my Department aims to ensure that the funding allocated is commensurate with the level of activity, and there is ongoing communication between the education centres, PDST and my officials in this regard. The aim of the continuing professional development (CPD) provided by all support services is to enhance and maintain the quality of teaching and learning in our schools. In designing its CPD programmes, the PDST, which is staffed by expert practitioners, consults as appropriate with other experts in the area of educational provision such as the Inspectorate of my Depart- ment, and external bodies such as the National Council for Curriculum and Assessment etc. The Department’s primary means of gathering evidence about quality and evaluating the effectiveness of teaching and learning is the inspection process in schools. The reports of my Depart- ment’s inspectorate informs CPD planning on an ongoing basis. In addition, feedback from participants at in-service events is collected and this serves as evidence of quality as well as in informing the development of future provision. In the coming school year, the PDST will play a key role in the implementation of the national literacy and numeracy strategy. I am satisfied that the PDST provides high quality continuing professional development for teachers and will continue to do so.

School Transport 88. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding school transport (details supplied); the terms for free transport to a school of amalgamation; the transport amalgamation procedures agreed to by the Government and the people; the terms of the primary school transport scheme; and if he will make a statement on the matter. [16803/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I wish to inform the Deputy that school transport arrangements under the Closed School Rule orig- inated from the last major amalgamation of schools in the late 1960’s. Under the Closed School Rule, transport is generally provided to the school of amalgamation for pupils who reside in a closed school area. However, over the course of the last forty two years, many parts of Ireland have experienced changes in population, the number of schools in an area may have increased and private transport is more widely available. While my Department acknowledges the importance of school transport, my Department must always seek to ensure that every service that is funded by the public is operated in a manner that delivers for pupils, parents and taxpayers alike. In light of this, the Closed School Rule changes to school transport services were announced in the 2011 Budget by the previous Fianna Fáil-Green Party Government and derive from recommendations in the Value for Money Review of the scheme. It is important to stress that there are a number of dimensions to the cessation of the Closed School Rule (CSR). The first of these, which will be implemented from September 2011, involves the uniform application of the distance criterion to all pupils travelling under the primary transport scheme, including those travelling under the CSR. This means that children residing less than 3.2 kilometres from their school of amalgamation will be deemed ineligible for school transport. In such cases, these children may apply for concessionary transport.

418 Questions— 22 June 2011. Written Answers

The second element of the change is scheduled to take effect in September 2012 and will apply only in the case of pupils commencing their primary education from that date. This second element will restrict school transport eligibility for those pupils entering in September 2012, to pupils who meet the distance eligibility criterion and are travelling to their nearest school. Available statistics, based on sampling undertaken as part of the Value for Money Review, indicate that the impact of this change will be limited as the majority of pupils categorised under the CSR are in fact attending their nearest school and will not be affected by this change. Before implementing this second main change which is proposed for 2012, my Department has requested Bus Éireann to conduct a detailed analysis of the “on the ground” impact for individual schools and the rural communities they serve. This analysis will be based on the most up to date information available on current school transport usage patterns and I expect to have this information available to me this summer. I will then have an opportunity to carefully examine the likely affects of this change well in advance of the 2012 implementation date. The Primary School Transport Scheme is available at www.education.ie

Special Educational Needs 89. Deputy Seán Ó Fearghaíl asked the Minister for Education and Skills further to Parliamentary Question No. 200 of 15 June 2011, the options available to a family whose child is in attendance at a school and in view of the fact that the school has advised the parents that it cannot meet their child’s special educational needs if, in circumstances in which the special educational needs organiser cannot identify an acceptable alternate school placement, home tuition would be approved; and if he will make a statement on the matter. [16807/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy is aware that the home tuition scheme provides a grant to parents to facilitate the provision of education at home for children who, for a number of reasons such as for pupils who are awaiting a suitable educational placement. As I have already clarified for the Deputy, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for co-ordinating special needs education provision at local level and arranging for the delivery of special educational services. They act as single points of contact for parents of students with special educational needs. Another specific function of the SENO is to identify appropriate educational placements for children with special educational needs. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie. The National Educational Welfare Board (NEWB) is the statutory agency which assists parents who are experiencing difficulty in securing a school place for their child. The NEWB will try to help parents to find an alternative school placement if their child has been unable to secure a placement to date.

Departmental Staff 90. Deputy Gerry Adams asked the Minister for Education and Skills the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established; and the year on year change for his Department. [16824/11]

419 Questions— 22 June 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): There are currently 6 (4.8 wte*) staff currently working in the North/South Co-operation Unit of my Department. In addition, the unit is currently holding 2 vacancies. The filling of these vacancies will be considered in light of current staffing constraints and the business needs of the Unit. The grade breakdown of these staff is as follows:

— 1 (1 wte) Principal Officer (also undertaking some non North/ South duties)

— 1 (1 wte) Assistant Principal Officer (vacancy)

— 1 (1 wte) Higher Executive Officer (vacancy)

— 1 (1 wte) Administrative Officer

— 2 (1.5 wte) Executive Officers

— 1 (0.8 wte) Staff officer

— 1 (0.5 wte) Clerical Officer

In addition to the above 2 vacancies there was an internal reassignment of an Executive Officer (0.5 wte) from North/South Co-operation Unit to International Section in March 2011. The year on year numbers in the North/South Co-operation Unit in my Department from its establishment in 2000 to end 2010 is set out in the following table.

Year Ending 31 Dec Headcount Whole-time equivalent* Year-on-Year Change

2000 5 4.5 N/A 2001 4 3.5 -1 2002 7 5.6 +2.1 2003 5 4 -1.6 2004 8 7 +3 2005 8 7 0 2006 7 5.8 -1.2 2007 8 6.8 +1 2008 8 6.8 0 2009 8 6.3 -0.5 2010 8 6.3 0 NOTE In addition to the above a Principal Officer had overall responsibility for International Section plus North/South Cooperation. Their involvement in North/South Cooperation varied depending on demands of the work and as such has not been included in above figures. * whole time equivalent

91. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation the number of persons employed by the Office of the Director of Corporate Enforcement by grade; the number of vacancies by grade in the ODCE; the number of promotions or additional staff approved; and if he will make a statement on the matter. [16652/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): There are currently 39.7 (full-time equivalents) staff employed in the Office of the Director of Corporate Enforce- ment. The table provides a breakdown of the number of staff by grade: 420 Questions— 22 June 2011. Written Answers

Grade Grade Equivalent Number employed

Director Assistant Secretary 1 Corporate Compliance Manager Principal Officer 1 Legal Advisor Principal Officer 3 Principal Solicitor Principal Officer 1 Solicitor Principal Officer 2 Principal Officers Principal Officer 2 Accountant Grade 1 Assistant Principal 2 Assistant Principal 4 Higher Executive Officer 9.7 Executive Officer 6.7 Clerical Officer 7.3

Total 39.7

There are no promotions or additional staff approved for the Office of the Director of Corpor- ate Enforcement at this time. During 2009 my Department assigned 6 additional staff to the Office to assist with Anglo Irish investigations, i.e. 3 Higher Executive Officers, 1 Executive Officer and 2 Clerical Officers. Those additional staff remain assigned to the Office.

92. Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established; and the year on year change for his Department. [16838/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): North South cooperation issues are currently dealt with by a dedicated Section within the Innovation and Invest- ment Division of my Department. This Section coordinates policy development and implementation on North South cooperation in relation to trade, R&D and innovation, including the programmes of InterTrade Ireland and the InterReg Enterprise Programme. The Section also supports Ministers participating in the North South Ministerial Council — both plenary and sectoral sessions — in connection with these matters. The Section is staffed by 1 HEO and 1 EO, and by 1 AP (50% of his time) and 1 PO (20% of his time). Very similar numbers worked in the section in earlier years but, as the Section draws on very extensive inputs from many other Sections in the Department and from the industrial development agencies, the number working in the North/South Section is only a small portion of the number working on North/South issues at any one time.

Social Welfare Appeals 93. Deputy Mattie McGrath asked the Minister for Social Protection when a decision will issue on a social welfare appeal in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [16646/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. If 421 Questions— 22 June 2011. Written Answers

[Deputy Joan Burton.] there is any new evidence or new facts pertinent to this case that was not brought to the attention of the Appeals Officer during the determination of this appeal, they may be submitted to the Social Welfare Appeals Office for further consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

94. Deputy Noel Coonan asked the Minister for Social Protection the position regarding a carer’s allowance appeal in respect of a person (details supplied) in County Tipperary; when a decision will issue; and if she will make a statement on the matter. [16658/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made a further 9 additional appointments to the office in recent weeks. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 95. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will approve an application for rent supplement in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16664/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that it has not received an application for rent supplement from the person concerned. The HSE has forwarded a rent supplement application form to the person concerned.

Social Welfare Appeals 96. Deputy Áine Collins asked the Minister for Social Protection the position regarding appeals (details supplied). [16670/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that a child benefit appeal by the person concerned was registered in that office on 07 December 2010 and a domiciliary care allowance appeal was registered on 26 January 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 02 and 03 June 2011 respectively. A disability allowance appeal was registered on 02 February 2011 and the Social Welfare Appeals Office is currently awaiting the relevant papers and the comments by or on behalf of

422 Questions— 22 June 2011. Written Answers the Deciding Officer on the grounds of appeal. When received, the relevant appeals will be considered concurrently by an Appeals Officer who will decide whether the cases can be decided on a summary basis or whether to list them or oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Community Employment Schemes 97. Deputy Brendan Griffin asked the Minister for Social Protection if a person (details supplied) in County Kerry will be permitted to continue to participate in a community employment scheme; and if she will make a statement on the matter. [16674/11]

Minister for Social Protection (Deputy Joan Burton): As Minister for Social Protection I do not have a role in the administration of individual cases in regard to the operation of the Community Employment (CE) programme. The administration of individual cases under CE is a day-to-day matter for FÁS as part of its responsibility under the Labour Services Act, 1987, as amended by Part 3 of the Social Welfare (Miscellaneous Provisions) Act 2010.

Social Welfare Appeals 98. Deputy Joan Collins asked the Minister for Social Protection the position regarding the outcome of an appeal in respect of a person (details supplied) in County Sligo. [16681/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, has partially allowed the Carer’s Allowance appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Flood Relief 99. Deputy Éamon Ó Cuív asked the Minister for Social Protection if she intends assisting families (details supplied) with the cost of relocation due to the refusal of their insurance company to insure them against flooding arising out of the floods that occurred in November 2009; and if she will make a statement on the matter. [16743/11]

Minister for Social Protection (Deputy Joan Burton): The Government has provided various types of support to people affected by the November 2009 flooding. Humanitarian Aid payments were made, both in the immediate aftermath of the flooding and subsequently to enable eligible households to resume living at their home. Flood relief works were also undertaken in some of the affected areas and other works are at an advanced state of preparation. Discussions took place with representatives of the insurance industry regarding giving households access to appropriate house insurance at a reasonable cost. The Government is aware that for various reasons, a small number of people have been unable to resume living at their home and others, while they have resumed living at their home, are still faced with significant problems arising from the flooding. The Government is also aware that some householders who are continuing to experience significant housing problems as a result of the November 2009 flooding are considering the possibility of relocating rather than resuming living at their original home

423 Questions— 22 June 2011. Written Answers

[Deputy Joan Burton.]

In light of this, the Government has decided that support may be available in such cases where: serious and permanent damage has been caused to the family home by the November 2009 flooding; there is a high probability of a recurrence of serious flooding because of flood depth, duration or frequency on a scale that could further damage the family home; the house cannot be protected from flooding at an economically feasible cost; the household is unable to secure insurance against flooding as a result of the November 2009 floods. Support will only be considered for relocation in cases where the cost of remedial works would exceed the cost of relocation, as determined by the Office of Public Works (OPW). The following considerations will also apply: the gross cost of relocation underpinning the level of support provided will not exceed the cost of providing a reasonable home in the area in question, as determined by the local authority; the existing house must be demolished and the site must be rehabilitated , which may require planning permission from the local authority; if the household has settled a claim with their insurance company, the funds provided in settlement of that claim will be taken into account in determining the amount of funding, if any, provided for relocation. Beneficiaries will be required to instruct their insurance company to provide information in that regard. The households in question have been visited by officials from the Department and a report of their individual circumstances has now been completed. The OPW were requested to provide a detailed report for each household outlining the problems in the areas in question, what works if any have been completed in the area or are planned for the area and to provide an assessment of the likelihood of future flooding having regard to the works that have already taken place or are scheduled to take place. Following a recent meeting between representatives from my Department and the OPW reports on further households have now been received from the OPW. These reports are being considered in my Department at present and any outstanding matters relating to the reports are being pursued with the OPW. When all of this information is received my Department will be in a position to make decisions on the affected households.

Health Service Staff 100. Deputy Maureen O’Sullivan asked the Minister for Social Protection if a person (details supplied) will be considered for a transfer. [16806/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned is employed on a temporary contract in the Community Welfare Service with the Health Service Executive, and is not comprehended by the protocols governing the transfer of the Community Welfare Service to my Department. Accordingly, they cannot be considered for a transfer.

Departmental Staff 101. Deputy Gerry Adams asked the Minister for Social Protection the current numbers and grades of staff employed in North-South co-operation units in her Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for her Department. [16830/11]

Minister for Social Protection (Deputy Joan Burton): The Department of Social Protection is not identified in the Good Friday Agreement as one of the six areas for North/South Cooper- ation and therefore no special unit has been set up within the Department.

424 Questions— 22 June 2011. Written Answers

Special Areas of Conservation 102. Deputy Frank Feighan asked the Minister for Arts, Heritage and the Gaeltacht when payment will issue to a person (details supplied) in County Leitrim who sold bog under the national heritage area directive to his Department many years ago; and if he will make a statement on the matter. [16808/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): In May 2010, the voluntary bog purchase scheme was closed to new applicants. Processing of applications on hand has been slower than anticipated due to capacity constraints in undertaking the convey- ancing work involved. The Government recently announced a number of decisions regarding the future management of peatlands in Ireland and, in particular, the protection of bogs designated as Special Areas of Conservation and Natural Heritage Areas. In addition to the establishment of an independent Peatlands Council, the Government has announced a compensation package for turf-cutters in sites where continued turf cutting is no longer possible for reasons of environmental protection. My Department will be writing to all remaining applicants under the voluntary purchase scheme in the coming weeks to outline their options in light of the availability of alternative compensation arrangements.

Question No. 103 answered with Question No. 37.

Chruthú Phostaíochta 104. D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta de réir tuair- isce le Indecon, chun an leibhéal fostaíochta reatha sa Ghaeltacht a chaomhnú,tá gá le buiséad caipitil de bhreis is €12m, tá tograí a bhfuil luach €26m orthu ceadaithe ag an eagraíocht faoi láthair, rud a chiallaíonn go bhfuil gá le €6m sa bhliain le seirbhísiú adhéanamh air sin, níl measta ag an Roinn ach buiséad caipitil de €6m d’Údarás na Gaeltachta do 2012 agus 2013 agus úsáidfear é sin ar na gealltanais reatha, rud a chiallaíonn nach mbeidh an tÚdarásin acmhainn tograí nua a cheadú ná tacú le poist nua a chruthú,cén cur chuige mar sin atá ag an Aire chun poist a chaomhnú agus a chruthú sa Ghaeltacht sa dá bhliain atá romhainn [13216/11]

114. D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta i bhfianaise thuairisc Indecon ina ndeirtear go bhfuil gá le buiséad caipitil de bhreis is €12m chun an leibhéal fostaíochta reatha sa Ghaeltacht a chaomhnú; togra a bhfuil luach €26m air a bheith ceadaithe ag an eagraíocht faoi láthair, rud a chiallaíonn go bhfuil gá le €6m sa bhliain le seirbhísiú a dhéanamh air sin; buiséad caipitil de €6m a bheith measta ag an Roinn d’Údarás na Gaeltachta do 2012 agus 2013, ar buiséad é a úsáidfear ar na gealltanais reatha, rud a chiallaíonn nach mbeidh an tÚdarás in acmhainn tograí nua a cheadú ná tacú le poist nua a chruthú;cén cur chuige mar sin atá ag an Aire chun poist a chaomhnú agus a chruthú sa Ghaeltacht sa dá bhliain atá romhainn [16835/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Tógfaigh mé Ceisteanna 104 agus 114 le chéile. Is é €6m an tsuim atá curtha ar fáiliVóta na Roinne Ealaíon, Oidhreachta agus Gaeltachta mar sholáthar caipitil d’Údarás na Gaeltachta don bhliain reatha. Anuas ar an tsuim seo, tá sé curtha in iúlaganÚdarás go mbeidh fáil aige ar thuairim is €7.5m eile i mbliana ó dhíol socmhainní agus, ar an mbunús seo, tuigtear dom go bhfuil an tÚdarás in ann leanúint ag ceadú tionscnamh faoi láthair a bheidh dírithe ar fhostaíocht a chruthú sna blianta 2012 agus 2013.

425 Questions— 22 June 2011. Written Answers

[Deputy Dinny McGinley.]

Is i gcomhthéacs phróiseas na Meastachándo2012adhéanfar cinntí sonracha maidir leis an soláthar a bheidh ar fáil don Údarás ónStátchiste an bhliain seo chugainn. Mar is eol don Teach, níl de rogha ag an Rialtas, mar gheall ar chúinsí eacnamaíochta reatha, ach feachaint go géar ar gach uile líne caiteachais stáit faoin Athbhreithniú Caiteachais Cuimsithigh atá ar siúliláthair na huaire. É sin ráite, beidh a fhíos ag an Teach seo fosta go bhfuil cinntí sonracha tógtha ag an Rialtas mar gheall ar struchtúr agus fheidhmeanna Údarás na Gaeltachta sa todhchaí. Ag eascairt ó na cinntí sin, a chuirfear i gcrích trí reachtaíocht nua, beidh cumhacht ag an Aire Ealaíon, Oidhreachta agus Gaeltachta treoir a thabhairt don Údarás a chuid acmhainní teoranta a dhíriú i dtreo earnálacha fiontrachta ar leith. Chomh maith leis sin, deánfar meicníocht á fhorbairt chun go mbeidh Údarás na Gaeltachta in ann comhoibriú níos fear le háisineachtaí forbartha Stáit eile, go háirithe i gcás tograí suntasacha Gaeltachta a bhfuil poiteinseal ard ag baint leo. Ciallóidh an cur chuige seo go mbeidh bealach níos córasaithe ann chun a chinntiú go bhfaighfear an luach is fearr ó thaobh airgid agus cruthú fostaíochta don Ghaeltacht ó na hacmhainní teoranta atá ar fáil don Stát san aeráid eacnamaíoch reatha.

Question No. 105 answered with Question No. 32.

Question No. 106 answered with Question No. 20.

Question No. 107 answered with Question No. 57.

Question No. 108 answered with Question No. 32.

Question No. 109 answered with Question No. 46.

Question No. 110 answered with Question No. 54.

Question No. 111 answered with Question No. 40.

National Asset Management Agency 112. Deputy Robert Troy asked the Minister for Arts, Heritage and the Gaeltacht if he has received a response from the National Asset Management Agency regarding his request for a meeting to discuss the use of buildings within its portfolio as arts and cultural facilities. [16751/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I have engaged with the National Asset Management agency on this matter and that engagement will continue.

National Archives 113. Deputy Catherine Murphy asked the Minister for Arts, Heritage and the Gaeltacht in view of the potential of genealogy tourism, if he accepts there is a need to develop a less fragmented approach to record keeping; the way that might be achieved; and if he will make a statement on the matter. [16839/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I refer the Deputy to my answer to today’s Question No. 14. (16748/11).

Question No. 114 answered with Question No. 104.

Question No. 115 answered with Question No. 22.

426 Questions— 22 June 2011. Written Answers

Question No. 116 answered with Question No. 31.

Special Areas of Conservation 117. Deputy Damien English asked the Minister for Arts, Heritage and the Gaeltacht the number of applications received by him to consent to works, under section 19 of the Wildlife (Amendment) Act 2000, on the 75 bogs designated as national heritage areas under the Act; the number of consents provided and the number of consents refused for each of these 75 bogs; and if he will make a statement on the matter. [16815/11]

118. Deputy Damien English asked the Minister for Arts, Heritage and the Gaeltacht under section 19 of the Wildlife (Amendment) Act 2000, the level of compensation paid per acre on each bog on which consent was refused; when compensation has been paid the valuation model used; when compensation has been paid the use to which the land has been put by the applicant in the period of five years immediately preceding the refusal of consent; and if he will make a statement on the matter. [16816/11]

119. Deputy Damien English asked the Minister for Arts, Heritage and the Gaeltacht under section 19 of the Wildlife (Amendment) Act 2000, in cases in which he has refused consent to works, the number of occasions on which he has made a determination that it would not be just and reasonable to prevent the payment of compensation on the basis of the provisions of section 22 of the Act paragraph (6a); the level of compensation paid per acre on each bog when he has made a determination that it would not be just and reasonable to prevent the payment of compensation; the amount of total compensation paid to date for each of the 75 natural heritage areas designated under the Wildlife (Amendment) Act, 2000 following a refusal to consent to works under section 19 of the Wildlife (Amendment) Act 2000; the amount of any other compensation whether under any of the voluntary designated bogs compensation schemes or howsoever paid to date to any landowners of the 75 natural heritage areas, itemising (a) the amount of that compensation which relates to natural heritage areas when turf cutting has ceased; (b) the amount of that compensation which relates to natural heritage areas when turf cutting has not yet ceased and in respect of that compensation, the amount of it that was paid for bogs where turf cutting is scheduled to cease in each of the years 2011, 2012, 2013 and 2014, itemized per year; (c) the acreage of natural heritage areas referable to bogs in respect of which compensation was paid in each of (a) and (b) above, itemised for (a) and (b); and if he will make a statement on the matter. [16817/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 117 to 119, inclusive, together. The extensive information sought by the Deputy is being collated by my Department at present and will be forwarded directly to him as soon as possible.

Departmental Staff 120. Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht the current numbers and grades of staff employed in North-South co-operation units in his Depart- ment as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16821/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): There are currently 3 staff working in the North South Co-operation Unit of my Department, including a Principal Officer, Assistant Principal Officer and Higher Executive Officer. The Principal Officer also has other areas of responsibility within my Department.

427 Questions— 22 June 2011. Written Answers

[Deputy Jimmy Deenihan.]

As the Deputy will be aware, the Taoiseach announced the establishment the Department of Arts, Heritage and Gaeltacht in March 2011, which brings together functions from the former Department of Tourism, Culture and Sport, the Department of Community, Equality and Gael- tacht Affairs and the Department of Environment, Heritage and Local Government. I am advised that arrangements were in place in each of these Departments to progress North South Co-operation matters. The Deputy will appreciate, however, that information is not readily available that would allow me to give a breakdown of staff that worked on these matters in the former Departments referred to.

National Museum 121. Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the efforts he has made to repatriate all personal belongings and effects of leaders of the 1916 Rising, including those of Roger Casement, which are held by the British state; and if he will make a statement on the matter. [16836/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): As the Deputy may already by aware, Roger Casement’s ceremonial sword and hat have been recently returned to Ireland for display, through the good offices of the London Metropolitan Police and the assistance of the National Museum of Ireland and the Irish Embassy in London. The repatriation of effects and belongings of historical Irish figures involves issues of ownership which are the subject of ongoing discussions between the National Museum of Ireland and various institutions and bodies in Britain as required. The Museum also receives relevant material on loan from various institutions for display purposes.

Census of Population 122. Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the efforts he has made to ensure the publication of the 1926 census at the earliest opportunity; when the necessary legislation to facilitate the publication of the 1926 census will be published; when the 1926 census itself will be published; and if he will make a statement on the matter. [16837/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The 1926 Census is currently in the ownership of the Central Statistics Office (CSO), which is under the remit of the Department of the Taoiseach. Informal discussions have taken place between my Depart- ment and both bodies on the digitisation of the 1926 Census. The timeframe for the publication of necessary legislation is currently under consideration. It is essential that I take into account existing legislation that may impact on such legislation, such as the Statistics Act 1993, which lays down the strong conditions of secrecy around the Census information and restricts publication to 100 years after the taking of the census; the Data Protection Acts 1988 and 2003, which also restrict the publication of personal information; and the EU Directive on Data Protection. In relation to the publication of the census itself, it is my Department’s objective to have this in place by 2016, subject to the appropriate arrangements being put in place.

Telecommunications Services 123. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the number of times the digital switchover steering group has met since it was

428 Questions— 22 June 2011. Written Answers formed in 2010; the decisions made on foot of their deliberations; the way he plans to inform the public of these decisions; and if he will make a statement on the matter. [16639/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): A Digi- tal Switchover Steering Group (DSG) has been established to plan, coordinate and deliver switchover from analogue terrestrial TV to digital TV in Ireland by the end of 2012. The Group is chaired by the Department of Communications, Energy and Natural Resources (DCENR) and comprises members from DCENR, Broadcasting Authority of Ireland (BAI), RTÉ, RTÉNL, TV3, TG4 and ComReg. The first meeting of the Group was held on 3 September 2010 and there have been 13 meetings to date. TV3 and TG4 joined in June 2011, after the national launch of Saorview. The Group has developed a digital switchover programme to ensure TV viewers are given the options, information and assistance to switch from the analogue terrestrial TV network to a digital TV network or pay TV service, by the date of closure of the analogue TV network in Q4 2012. The programme targets an analogue switch off date in Q4 2012, which is being finalised in coordination with analogue switch off in Northern Ireland; an alternative free to air national digital TV network being in place in advance of analogue switch off to ensure all TV viewers have time to migrate to digital TV; TV households throughout the country being made aware of analogue switch off and their options for going digital through an information campaign that is planned to launch in October 2011; and vulnerable TV households being given some public assistance to go digital. In this regard, the plan is to work with charities and community groups to provide outreach support. The Steering Group has developed a number of working groups. An Analogue Switch-off Information Campaign group chaired by DCENR, which aims at developing and operating a public information awareness and assistance campaign on digital switchover and analogue switch off. Membership of this working group comprises relevant broadcasters, ComReg and BAI. A Digital Switchover Information group is chaired by RTÉ and has membership from other broadcasters. Its aim is to inform the public about the new ‘Saorview’ network, including information about coverage, the availability of Saorview receivers and information on how to tune in to Saorview. A Technical group, which is chaired by RTÉNL with membership from the broadcasters, BAI, ComReg and DCENR, provides information on progress in relation to network build, receiver specifications and receiver availability and seeks to identify and resolve technical issues. A Content group, which is chaired by BAI, with membership from the broadcasters. It is aimed at optimising services on DTT multiplexes. Much progress has been made on the issues highlighted above. RTÉ has built and launched the national digital TV network. The national Saorview digital TV network was launched nationally on 26 May 2011. RTÉ and the other broadcasters have been, and will continue to, operate a substantial Saorview information and awareness campaign to inform the general public about the availability of the new national digital TV network. In addition RTÉ has established a dedicated website, www.saorview.ie, and a telephone helpline to assist the public to access Saorview.

Broadcasting Services 124. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources his plans or those of RTÉ to inform the public of their options in areas in which RTÉ intend abandoning its present broadcasting network in late 2012; the location at which satellite is proposed; and if he will make a statement on the matter. [16640/11]

429 Questions— 22 June 2011. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): RTÉ is an independent national public service broadcaster whose remit and obligations are set out in the Broadcasting Act 2009. In relation to the broadcasting network, section 130(1)(b)(i)(II) of the Act provides that RTÉ shall provide a digital TV network by 31 December 2011 capable of providing coverage to the same extent as its existing analogue TV network. While I have no function in relation to the development or operation by RTÉ, or its subsidi- ary RTÉNL, of its broadcast infrastructure, I understand from the company that the analogue TV network uses 150 sites and provides 98% population coverage. I also understand that the RTÉ digital terrestrial television (DTT) network, which launched on 26th May 2011 and is providing the Saorview service, will also be capable of providing 98% coverage from 51 sites. In relation to the proposed RTÉ Saorsat service, this is a satellite-based broadcast service being developed independently by RTÉ on a commercial basis and the service is currently undergoing testing by RTÉ. I understand from the company that, once established, the service is expected to provide ‘free to air’ TV reception of the RTÉ TV channels to virtually 100% of the population. The provision of information to the public in relation to the Saorview and Saorsat services is a matter for RTÉ. In that regard, since the national launch of the Saorview service on 26th May 2011, RTÉ and the other broadcasters have been operating a substantial Saorview information and awareness campaign to inform the general public about the availability of the new national digital TV network. In addition RTÉ has established a dedicated website — www.saorview.ie — and a telephone helpline to assist the public to access Saorview. In addition, as Minister with responsibility for broadcasting, I have promised to deliver a substantial information campaign on the switch-off of the analogue signal and the necessity for the digital switchover. This information campaign, which is currently being developed by my Department, is planned to launch in October 2011. The aim of this campaign will be to ensure that TV households throughout the country are made aware of analogue switch-off and of the range of options available to them for going digital. In conjunction with this, my Department is also currently developing plans to ensure that a range of practical assistance is made available, in particular, to address the particular needs of vulnerable households as they prepare to go digital. In this context, the expertise and local knowledge of the many voluntary and charity organisations around the country will be of critical importance to ensuring the success of the switchover process. I have asked my Depart- ment to ensure that, to the greatest possible extent, these organisations play a major part in our digital switchover information and assistance campaign.

125. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the way he proposes to assist low income households with the cost of digital set-up boxes and when necessary aerials at the time of the digital switchover; the number of households identified to date by the digital switchover steering group as requiring these boxes and aerials who are on low income; and if he will make a statement on the matter. [16641/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Ireland’s national digital switchover strategy provides for the closure of the RTÉNL analogue TV network at the end of 2012 and, through the resulting ‘digital dividend’, paves the way for the delivery of new jobs, new mobile and broadband services and new national economic growth. I am keenly aware of the challenges this initiative brings, in particular for Irish households which are reliant on the existing “free to air” analogue TV network. I recently published a Report on TV Viewing Methods in Ireland, which was commissioned by my Department to

430 Questions— 22 June 2011. Written Answers assist with planning for Analogue Switch-Off (ASO). This report focuses on TV viewers who rely on the analogue terrestrial TV network and also provides useful information on the economic profile of TV households, their media preferences and preferences for receiving information about analogue switch off. This report will usefully inform the digital switchover programme. This report is also useful in helping to estimate the number of TV households reliant on the aerial TV network backed up by other research such as the TAM establishment survey. From the research, we can estimate that there are at least a quarter of a million households in Ireland reliant on the aerial network solely for television reception and an estimated 100,000 of these are classified as DE homes from a socio-economic perspective. All households that rely solely on the existing “free to air” analogue TV network will need to upgrade to digital TV by the end of 2012 or they will lose access to television services. TV households can choose to upgrade to digital TV by moving to a pay TV service or by upgrading to Saorview, Ireland’s national digital TV aerial network. This network was built by RTE and launched on 26th May 2011. To upgrade to Saorview, TV households will need to purchase either a set top box to connect to their existing TV or a new Saorview digital TV. In some cases, depending on the type of aerial and the orientation and age of the aerial, TV households may also need a new aerial. The number of TV households who may need a new aerial or aerial adjustment is difficult to estimate and is expected to be at least 20,000 TV households. Experience from other European countries indicates that the cost of set top boxes and other digital receivers reduces as the date for digital switchover approaches, and there is increased competition in the market. I look forward to RTÉ and RTÉNL working intensively with manu- facturers and retailers to ensure that there is a plentiful supply of simple to use, accessible and affordable set top boxes available on the market as well as a wide range of digital televisions and digital video recorders. To overcome the challenges that digital switchover brings, we must also assist people with information and practical assistance to ensure that no one is left behind as Ireland goes digital. For my part, as Minister, I have promised to deliver a substantial information campaign providing households with information on the digital switchover and on their options for going digital. This information campaign will start later this year. In conjunction with this, my Department is currently developing plans to ensure that a range of practical assistance is made available, in particular, to address the particular needs of vulnerable households as they prepare to go digital. In this context, the expertise and local knowledge of the many voluntary and charity organisations around the country will be of critical importance to ensuring the success of the switchover process. I have asked my Department to ensure that, to the greatest possible extent, these organisations play a major part in our information and assistance campaign.

Prospecting Licences 126. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources if he has carried out analysis on the possible negative environmental impacts of fracking or hydraulic fracturing in view of the licence recently issued to a company to use this technique to explore for natural gas in the Roscommon and Leitrim area; and if he will make a statement on the matter. [16742/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I can inform the Deputy that my Department has not licensed hydraulic fracturing/drilling in the Roscommon and Leitrim areas.

431 Questions— 22 June 2011. Written Answers

[Deputy Pat Rabbitte.]

Earlier this year, following an open competition, my Department awarded onshore Licensing Options to Tamboran Resources Ltd over parts of Cavan, Leitrim and Sligo and to the Lough Allen Natural Gas Company Ltd over parts of Cavan, Leitrim, Roscommon and Sligo. The Licensing Options are designed to allow the companies assess the natural gas potential of their acreage largely based on desktop studies of existing data from previous petroleum exploration activity. Exploration drilling is not allowed under these authorisations, but shallow geological sampling is permitted. Exploration activity under these Licensing Options is at an early stage and there is no certainty that it will lead to applications for follow-on exploration licences that would be required before exploration wells could be drilled. In the event hydraulic fracturing was envisaged as part of a possible future exploration or production programme, then that activity would be subject to an environmental impact assessment, including an appropriate public consultation phase. I trust this clarifies the matter for the Deputy.

Alternative Energy Projects 127. Deputy Michelle Mulherin asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that Mayo County Council has adopted a new renewable energy strategy which designates many hundreds of square kilometres of lands as preferred or open to consideration for onshore wind farming including very large areas of north-west Mayo; if he will provide the estimate of the wind turbine capacity in megawatts per square kilometre at 50 m and 100 m above ground at Bellacorick; the capacity factor and mean annual energy production per square kilometre at 50 m and 100 m above ground at Bellacorick; the possible error range of his calculations; and if he will make a statement on the matter. [16810/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The development by Mayo County Council of a renewable energy strategy is a positive initiative. The development by all local authorities of renewable energy strategies is to be encouraged. My Department together with the Sustainable Energy Authority of Ireland (SEAI) and other relevant stakeholders are working to develop a methodology and template for local authority renewable energy strategies. My Department does not hold information on wind data at specific locations around the country. The SEAI’s Wind Energy Atlas, available on their website (www.seai.ie), provides information on wind speeds, electricity transmission and distribution networks for locations around Ireland at national and county levels. It is noted that specific windfarms providing detail on such data is generally considered as commercially sensitive by the commercial entities concerned.

Natural Resources Data 128. Deputy Michelle Mulherin asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that Mayo County Council passed a unanimous resolution calling on semi-State companies in possession of data relating to our natural resources to disclose that information; his views that openness and transparency should be standard practice in projects that seek to develop our natural resources and that semi-State companies which are more than 90% owned by the citizens of this country have a special responsibility in this regard; if he will write to the boards of Bord na Móna and the ESB asking that they disclose the wind resource data for their wind farm project at Bellacorick, a few miles from the Shell terminal, which is to be built on lands acquired from the local community, by compulsory purchase order in some cases, for the purposes of cutting turf and if he will ask the

432 Questions— 22 June 2011. Written Answers boards to publish their proposals for community funds in relation to their wind farm projects as is best practice in most EU States. [16811/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): All wind farms developed in Ireland are required to comply with all relevant planning and environmental legislation and to obtain all necessary licences and authorisations prior to full commercial operation. The issues raised by the Deputy relate to the commercial mandate and day to day operational functions of Bord Na Móna and ESB and is not a matter in which I have a function. I have been advised by Bord na Móna that all rights, title and interests over the lands in question were purchased between 1959 and 1973.

Departmental Staff 129. Deputy Gerry Adams asked the Minister for Communications, Energy and Natural Resources the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16823/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There is extensive North/South cooperation on a range of issues in the sectoral areas of Energy, Communications and Broadcasting, which are under the aegis of my Department. Staff discharge this work in addition to other functions in the relevant areas. The Coordination Unit in my Department also has a role in relation to overall coordination on North/South elements. Finally, the North/South Body, the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission is under the co-sponsorship of my Department and the Department of Agriculture and Rural Development in Northern Ireland, and staff in the Natural Resources areas of my Department service this work in addition to their other duties.

Local Authority Staff 130. Deputy Pat Deering asked the Minister for the Environment, Community and Local Government the number of veterinary surgeons employed in each local authority; their job specification and the cost of this scheme on an individual local authority basis. [16714/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department gathers quarterly statistics regarding the number of whole time equivalent staff in local authorities. While data is gathered on the number of Professional and Technical staff it is not practical to require a breakdown of the numbers by job title. This information is retained by each Local Authority.

Fire Stations 131. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government if he will sanction the provision of two new fire stations in Ballyshannon and Bundoran; his views regarding the assessment of Donegal County Council that a station in each town is required; and if he will make a statement on the matter. [16650/11]

132. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government when he will approve the provision of a new fire station for Glencolmcille in County Donegal; and if he will make a statement on the matter. [16651/11]

135. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if the amalgamation option is still being considered by him as part of the capital

433 Questions— 22 June 2011. Written Answers

[ Deputy Pearse Doherty.] review in relation to Bundoran and Ballyshannon fire stations, County Donegal; when he expects the review to be complete; and if he will make a statement on the matter. [16679/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 131, 132 and 135 together. The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under the provisions of the Fire Services Act 1981. My Department supports fire authorities through the setting of general policy and guidance, and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to the approved purchase of fire appliances and emergency equipment as well as construction and upgrading of fire stations. Donegal County Council, in partnership with my Department, has made substantial progress in modernising fire stations in Co Donegal and has replaced 12 fire stations following investment of some €11 million by my Department over the last decade. The following towns in County Donegal are now served by modern fire stations with full facilities: Milford (1998); Buncrana (2000); Letterkenny (HQ) and An Fál Carrach (both in 2003); Carndonagh and Donegal town (both in 2004); Killybegs (2005); An Clochán Liath, Glenties and Moville (all three in 2007); and most recently Gaoth Dobhair and Stranorlar (2009). It is important that value for money is delivered from all expenditure under the fire services capital programme. Following completion of a review of the programme, continued investment in the fire appliance fleet has been identified as a key national priority measure over the next 24 months. In that context, I recently approved a new programme of joint procurement of 17 fire appliances. Given the tight constraints on public finances any further support from my Department to Donegal County Council on the fire services capital programme in the period ahead will have regard to the Council’s priorities, the extent of previous investment, the value for money offered by proposals, the spread of existing facilities and the totality of demands from fire authorities countrywide.

Departmental Funding 133. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if funding will be provided to an organisation (details supplied) in County Kerry without further bureaucracy; and if he will make a statement on the matter. [16659/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The group referred to in the question received funding in February 2010. Groups are requested to account for such funding within six months, and, as part of the relevant accounting procedure, each of the beneficiaries signs a beneficiary form which is countersigned by a group representative. These forms were not completed in this case. A member of the group contacted my Department to explain that the beneficiaries had signed the receipt, which was submitted by the group, from the equipment supplier. My Department confirmed that this was acceptable on this occasion. The group has been asked to provide a statement signed by the Chairman and Treasurer to the effect that the grant was used for the purpose for which it was made.

Housing Market 134. Deputy Brian Walsh asked the Minister for the Environment, Community and Local Government his views on whether the reintroduction of a first-time buyer’s grant would assist

434 Questions— 22 June 2011. Written Answers in dealing with the problem of unsold housing stock; and if he will make a statement on the matter. [16671/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): On 16 June I launched the Government’s new housing policy statement which will serve as a framework for a sequence of legislative and policy initiatives in the short to medium term. Based on a number of fundamental principles and goals that will form the foundation of a substantial reform programme, the new framework for housing policy responds to current and emerging conditions in the housing sector, taking account of the dramatic cycle of rapid growth and sudden collapse in the residential property market. The centre- piece of the approach is to chart a way forward for housing policy in Ireland by placing greater emphasis on:

— choice;

— equity across housing tenures; and

— delivering quality outcomes for the resources invested.

In terms of home ownership, the policy statement recognises and welcomes the fact that home ownership will continue to be the aspiration of the majority of households. However, the Government is also conscious that there are other households who either do not want or may not ever be in a position to own their home. We need to provide choice for such households. This choice will be on the basis of household circumstances and need and will not entice people through fiscal or other stimuli to favour one tenure over another. I have no plans therefore to introduce such a scheme that would incentiv- ise house purchase. However, I am committed to exploring all options for bringing unsold suitable residential stock into productive use for social housing purposes, including through the social housing leasing initiative.

Question No. 135 answered with Question No. 131.

State Agencies 136. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his plans to consolidate the current legislative framework governing the Environmental Protection Agency; his views that any attempt to consolidate this framework should be carried out in connection with a parallel attempt to consolidate IPPC and waste licensing regulations; and if he will make a statement on the matter. [16687/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The recently published review of the Environmental Protection Agency (EPA) recommended that legislation governing the EPA, including the Integrated Pollution Prevention and Control (IPPC) and waste licensing regulations, be consolidated. Each of the recommendations of the report of the EPA Review Group, which is available on my Department’s website, www.environ.ie, will be considered by my Department in the coming months.

Community Development 137. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if he will list the organisations involved in the development of disadvantaged communities which he or any Minister of State in his Department may have met with in the past three months. [16712/11]

435 Questions— 22 June 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): One of the key roles of my Department’s Community remit is to support the development of sustainable communities, through the delivery of a range of measures which tackle poverty and social exclusion. In this regard, Minister of State Penrose and I have met with a number of Local Development Companies and other social inclusion practitioners, in the community and voluntary sector, in the last three months. The organisations in question are listed in the following table. Organisations Kilkenny Leader Partnership Irish Council for Social Housing COPE Women’s Refuge Galway Limerick Regeneration Focus Ireland Simon Community Irish Traveller Movement Roscommon Integrated Development Company Atlantic View Community Development Project Donegal Local Development Company Irish Local Development Network Respond

Planning Issues 138. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government in view of the fact that it is almost one year since the Planning and Develop- ment (Amendment) Act 2010 was enacted, when will section 261(a) designed to introduce a sunset provision for quarries in response to the findings of the European Court of Justice in case C-215/06 be commenced; if our failure to implement the ruling of the European Court of Justice is putting the State at continued risk of fines; the reason there has been a delay in commencing this section; and if he will make a statement on the matter. [16798/11]

Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): Significant new provisions were enacted in the Planning and Develop- ment (Amendment) Act 2010 in relation to:

• appropriate assessment of development proposals;

• a new substitute consent system for projects requiring environmental impact assessment in exceptional circumstances; and

• a new examination of all quarries by planning authorities under new section 261A, to be followed by applications for substitute consent or planning enforcement, as the case may be.

Substantial regulations are required before these provisions can be commenced and, in the case of section 261A, guidance on the implementation of these complex provisions will also be issued. Both regulations and guidance are at an advanced stage of preparation and it is intended to commence these sections and publish the enabling regulations and associated guidance over the summer.

436 Questions— 22 June 2011. Written Answers

The essence of the judgment in case C-215-06 was that, in allowing applications for retention permission in relation to projects requiring environmental impact assessment, in the absence of exceptional circumstances, Ireland was in contravention of the EIA Directive. Following the consideration of the July 2008 decision of the European Court of Justice in this case, planning authorities were instructed in August 2008 that they should cease accepting retention applications in such cases: in that sense, the judgment was complied with promptly. Notwithstanding the fact that the practice had ceased since 2008, section 34 of the Planning and Development Act 2000 was amended in the 2010 Act to provide beyond any doubt that a planning authority could not accept an application for retention permission in respect of a development which would have required an environmental impact assessment, or a determination as to whether an environmental impact assessment was required. The above provision was commenced on 23 March 2011.

Departmental Staff 139. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16825/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My role in relation to the North South Ministerial Council (Environment Sector) established under Strand 2 of the Good Friday Agreement is co-ordinated by a unit within the Environment Division of my Department. The unit is headed by a Principal Officer who also has wider responsibilities in relation to international environment matters and sustainable development. The main work of the unit is carried out by one Assistant Principal Officer, one Higher Execu- tive Officer and one Clerical Officer. There is also input as required at Assistant Secretary level. Other areas within the Environment Division provide input on specific issues as they arise. These arrangements have been in place since the institutions under the Good Friday Agreement were established. Under the recent re-organisation of Departmental responsibilities, the Community Division of the former Department of Community, Equality and Gaeltacht Affairs was transferred to my Department. This included new responsibilities in relation to rural development which comes under the general remit of the North South Ministerial Council (Agriculture Sector). Work in this regard is co-ordinated by one Higher Executive Officer with input, as appropriate, at Principal Officer level.

Proposed Legislation 140. Deputy Sean Fleming asked the Minister for Justice and Equality in view of the recent European Court of Justice decision which found that the exemption contained in Article 5 (2) of Directive 2004, 113/EC as enacted under Irish law in Civil Law (Miscellaneous Provisions ) Act 2008, was unlawful, his proposals to bring forth legislation to deal with the invalidity of this exemption; if he will further outline, in respect of any proposed legislation to deal with this issue, his position on the application of the courts decision to insurance contracts entered into prior to 21 December 2012, in circumstances in which premiums and or benefits remain payable or contingently payable on such contracts after 20 December 2012; and if he will make a statement on the matter. [16801/11]

Minister for Justice and Equality (Deputy Alan Shatter): In a decision issued on 1 March 2011, the European Court of Justice, having reviewed Article 5(2) of Directive 2004/113/EC which enables the Member States to maintain an exemption from the rule of unisex premiums and benefits in insurance, concluded there was a risk that the permitted derogation from the

437 Questions— 22 June 2011. Written Answers

[Deputy Alan Shatter.] equal treatment of men and women could persist indefinitely. As such a provision would work against achieving of the Directive’s stated objective of equal treatment between men and women the Court determined that this provision of the Directive must therefore be considered to be invalid upon the expiry of an appropriate transitional period, which it set at 21 December 2012. All Member States of the EU have availed of this derogation, which remains valid until expiry of the transitional period. I understand that the Commission will prepare guidelines for Member States and the insurance industry on complying with the decision of the Court. I would expect that the transitional issue raised in the Deputy’s question will be addressed in these guidelines. Proposals for appropriate amendment of our domestic legislation will be developed once these guidelines are available.

Garda Deployment 141. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide the current numbers of gardaí in each Garda division and the corresponding number of Garda reserves for each division in tabular form and the number of gardaí stationed at Garda headquarters and at the Garda college in Templemore, County Tipperary. [16633/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities, that as of 31 May 2011, the latest date for which figures are readily available, the personnel strength of each Garda Division, including the Garda Reserve, and the strength of Garda Headquarters and the Garda College, was as set out in the following table.

Division Garda Strength Reserve Strength

DMR South Central 753 42 DMR North Central 674 27 DMR North 795 71 DMR East 461 19 DMR South 618 41 DMR West 786 50 DMR Office 58 - DMR Traffic 156 - Kilkenny/Carlow 312 23 Wicklow 348 15 Laois / Offaly 316 17 Wexford 278 22 Tipperary 383 25 Cork City 697 48 Cork North 308 18 Cork West 319 19 Kerry 333 11 Limerick 647 33 Donegal 462 22 Cavan / Monaghan 382 16 Louth 312 31 Sligo / Leitrim 324 17 Clare 317 13 Mayo 312 25 Galway 608 52 Roscommon /Longford 302 14 Westmeath 263 20

438 Questions— 22 June 2011. Written Answers

Division Garda Strength Reserve Strength

Meath 310 22 Kildare 324 23 Waterford 301 25 Garda College 140 - Garda Headquarters* 1,663 -

TOTAL 14,262 761

* Garda Headquarters includes the Garda Depot, Harcourt Square and Dublin Castle and covers such units as Special Detective Unit, National Bureau of Criminal Investigation, Liaison and Protection, Garda National Drugs Unit, the Garda National Immi- gration Bureau and the Criminal Assets Bureau.

Road Traffic Offences 142. Deputy Timmy Dooley asked the Minister for Justice and Equality if gardaí are authorised to issue parking tickets when they come across illegally parked cars; and if he will make a statement on the matter. [16635/11]

Minister for Justice and Equality (Deputy Alan Shatter): In accordance with the provisions of the Road Traffic Acts, the Minister for Transport has declared a number of offences, including parking offences, as offences in respect of which fixed charge notices may be issued. I am informed by the Garda authorities that members of An Garda Síochána have the statutory authority to issue fixed charge notices for these offences.

Garda Vetting of Personnel 143. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons living in County Kildare who are awaiting Garda vetting for unsupervised work or volunteering with children and or vulnerable adults; the longest waiting period for same; the number of personnel assigned to progress the waiting lists to an acceptable level; if he will request the Garda Commissioner to temporarily assign additional staff to the Garda central vetting unit to facilitate the required improvements; and if he will make a statement on the matter. [16647/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that applications for Garda vetting received from registered organisations are recorded by name and date of birth of the person for whom a vetting request is being made and not by reference to geographical origin. Accordingly, it is not possible to provide the information sought by the Deputy. The length of time currently being taken to process vetting applications is a matter of concern and I am determined to take action to address it. I recognise that it is important to process these applications within a reasonable time frame both for the benefit of the applicants and the organisations involved. A number of immediate measures are being taken to improve the situation. The sanction of the Department of Finance has been obtained to retain the services of ten temporary employees in the Garda Central Vetting Unit (GCVU). A further sanction has been obtained to engage an additional ten temporary employees for the Unit and the process of recruiting these is underway. This should have an impact on processing times. In addition, further steps are under consideration with a view to alleviating the pressure on the staff of the GCVU and to reduce the time taken for the processing of applications. 439 Questions— 22 June 2011. Written Answers

[Deputy Alan Shatter.]

I am informed by the Garda Authorities that at present there is a total of five Gardaí,76 full-time Garda civilian personnel and ten temporary civilian personnel assigned to the GCVU. This represents a very significant increase in the level of personnel assigned to the unit, which stood at only 13 before the current process of development in Garda vetting began in 2005. The average processing time for vetting applications fluctuates in line with periods of increased demand. In processing an individual vetting application, additional time may be required in cases where clarification is needed as to the details provided or where other enquir- ies need to be made, for example, when the person in question has lived and worked abroad. There will always be a reasonably significant time period required to process a vetting application. Registered organisations have been advised to take account of this in their recruitment and selection process. However, the Gardaí make every effort to reduce the time to the minimum possible consistent with carrying out what are very necessary checks. I am informed by the Garda Authorities that, at present, the average processing time for vetting applications received at the GCVU is approximately 10 weeks. The GCVU has managed a substantial increase over recent years in the numbers of vetting applications it receives from around 188,000 in 2007 to almost 292,000 in 2010. At present, there are approximately 55,000 applications in the course of being processed.

Citizenship Applications 144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current status of an application for naturalisation in the case of a person (details supplied) in County Kildare who has worked in this country for the past five years and holds a stamp 4 visa; and if he will make a statement on the matter. [16655/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Irish Nationality and Citizen- ship Act 1956, as amended provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the Minister must be satisfied that the applicant is of good character. In pursuance of this condition, the Citizenship Division of my Department routinely receive reports from an Garda Síochána on each applicant. An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division in October 2007 and my predecessor decided to refuse the application on 17 February, 2010. The person concerned was informed of this in a letter issued to her on 9 March, 2010. It is open to the person concerned to lodge a new application for a certificate of naturalisation if and when she is in a position to meet the statutory requirements. However, in doing so she should bear in mind the reasons for refusal of her previous application. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Magdalene Laundries 145. Deputy Gerry Adams asked the Minister for Justice and Equality if he will implement the recommendation of the Irish Human Rights Commission for a statutory inquiry into the abuse at the Magdalene laundries. [13446/11]

440 Questions— 22 June 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will be aware that the Government decided on a number of actions following its meeting last week which considered the circumstances of the women and girls who resided in the Magdalen Laundries. The Govern- ment believes it is essential to fully establish the true facts and circumstances relating to the Laundries as a first step. Along with my colleague, the Minister for State for Disability, Equality, Mental Health and Older People, I am now following up on this decision with the relevant parties.

Garda Deployment 146. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of gardaí stationed in the Kerry division for each year since 2005; if he will provide a breakdown of the stations to which the gardaí are assigned; and if he will make a statement on the matter. [16760/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have been informed by the Garda Commissioner that the personnel strength of each Garda Station in the Kerry Garda Division on 31 December 2005 to 2010 and on 31 May 2011, latest date for which figures are readily available, was as set out in the following table:

District/Station 2005 2006 2007 2008 2009 2010 31/05/11

Caherciveen Ballinskelligs 1111011 Caherciveen 21 23 23 23 23 24 24 Castlemaine 1111111 Glenbeigh 2222211 Killorglin 10 10 10 13 13 13 14 Portmagee 1111111 Sneem 2222222 Valentia Island 1111111 Waterville 2222111 Killarney Barraduff 1111100 Beaufort 1111101 Castleisland 9 11 11 13 13 12 11 Farranfore 2222122 Kenmare7889999 Kilgarvan 1111111 Killarney 49 58 66 70 73 70 70 Lauragh 1111111 Listowel Ballybunion 788910109 Ballyduff 2211111 Ballyheigue 2222222 Ballylongford 1111111 Brosna 1111111 Knocknagoshall 1111111 Listowel 29 32 37 41 39 38 38 Lixnaw 1111111 Moyvane 2222222

441 Questions— 22 June 2011. Written Answers

[Deputy Alan Shatter.] District/Station 2005 2006 2007 2008 2009 2010 31/05/11

Tarbert 2222111 Tralee Abbeydorney 1101111 Annascaul 1111111 Ardfert 2332122 Ballyferriter 0111111 Camp1111111 Castlegregory 2221111 Clochan 1111111 Dingle 989910911 Fenit 0111111 Tralee 89 98 109 118 118 118 115

Total 266 295 318 341 339 334 333

Sentencing Policy 147. Deputy Dara Calleary asked the Minister for Justice and Equality his views that sen- tences handed down for cigarette smuggling and illegal cigarettes are sufficient. [16766/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will appreciate that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the sentencing of offenders is clearly a matter for the presiding judge. As the Deputy will be aware the legislation in relation to fiscal smuggling including cigarette smuggling or illegal cigarettes is the responsibility of the Minister for Finance.

Legislative Programme 148. Deputy Dara Calleary asked the Minister for Justice and Equality when legislation providing for the establishment of judicial councils will be published. [16767/11]

Minister for Justice and Equality (Deputy Alan Shatter): As indicated in the Government Legislation Programme for the Summer Session announced by the Chief Whip on 5 April 2011, the Judicial Council Bill is in the course of being drafted with a view to being published in late 2011.

149. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality when he is planning to bring the new mental capacity legislation before Dáil Éireann. [16769/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to Question Number 419 of 17 May 2011 which indicated the following:

“The Government Legislation Programme announced on 5 April 2011 indicates that the Mental Capacity Bill is expected to be published in late 2011.”

Citizenship Applications 150. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied). [16770/11] 442 Questions— 22 June 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in December, 2008. The application is at an advanced stage of processing and will be finalised as expeditiously as possible. In that context, I can inform the Deputy that I have announced steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements include improved application forms that are coming into force this Friday, 24th June 2011, and are currently available online with an associated online residence checker, streamlined and accelerated procedures for certain types of application and plans to recruit interns under the new Internship Programme. Further details can be obtained from the Irish Naturalisation and Immigration website www.inis.gov.ie. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Crime Levels 151. Deputy Dan Neville asked the Minister for Justice and Equality the number of indictable crime convictions in 2009 and 2010. [16799/11]

Minister for Justice and Equality (Deputy Alan Shatter): Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from An Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling, publishing and responding to queries regarding recorded crime statistics. I have requested the CSO to provide statistics directly to the Deputy.

Departmental Staff 152. Deputy Gerry Adams asked the Minister for Justice and Equality the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year-on-year change for his Department. [16829/11]

Minister for Justice and Equality (Deputy Alan Shatter): My Department does not have a unit that deals exclusively with North-South issues. Work in relation to these issues, which arise primarily in the context of criminal justice co-operation, is carried out across a range of Divisions in my Department depending on the nature of the work involved.

Tribunals of Inquiry 153. Deputy Micheál Martin asked the Minister for Justice and Equality the contact between himself and senior Unionists prior to the passing of the motion concerning the Smithwick tribunal on 1 June 2011. [15012/11]

443 Questions— 22 June 2011. Written Answers

154. Deputy Micheál Martin asked the Minister for Justice and Equality if he will elaborate on his comments on 31 May 2011 regarding the Smithwick tribunal that if for some reason the inquiry is unable to conclude its business in the time requested by Government, he will consider that. [14530/11]

155. Deputy Micheál Martin asked the Minister for Justice and Equality if he has discussed the Smithwick tribunal with the Office of the First Minister and Deputy First Minister of the North. [14524/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Question Nos. 153 to 155, inclusive, together. The Deputy will be aware that on 1 June 2011 the Dáil passed a Resolution amending the terms of reference of the Smithwick Tribunal of Inquiry to require it to provide an interim report to the Clerk of the Dáil not later than 30 June 2011 and to present its final report to the Clerk of the Dáil not later than 30 November 2011. I stated to the House that Judge Smithwick had previously indicated to me that the Tribunal would be able to conclude its work in the timescale now established in the amended terms of reference. I emphasised in my statement to the Dáil that if, for an unforeseen reason, the Chairman found that he could not conclude his inquiries and report finally by 30 November 2011, he could report that matter and the Oireachtas could consider it further. I also made very clear that the Government’s response would be fully cognisant of and consistent with the need for the Tribunal to fulfil its obligations fully and as expeditiously as possible. I spoke with the Northern Ireland First Minister, Peter Robinson, and with the Northern Ireland Minister of Justice, David Ford, to inform them of the content of my speech in Dail Eireann relating to the Smithwick Tribunal and the motion passed by the Dail on 1 June 2011.

Garda Operations 156. Deputy Catherine Murphy asked the Minister for Justice and Equality the fund from which the recent State visits were paid; if the Garda was allocated additional funds; if so, the amount of same; and if he will make a statement on the matter. [14108/11]

Minister for Justice and Equality (Deputy Alan Shatter): Garda expenses are paid from the Garda Vote. I am currently in discussions with my Government colleague the Minister for Public Expenditure and Reform in relation to the arrangements to be made to meet the costs of the visits mentioned by the Deputy.

Army Barracks 157. Deputy Brendan Smith asked the Minister for Defence if he will confirm that Dún Úi Neill Barracks in County Cavan will continue to play a key role in the work of the Defence Forces taking into account its location, the modern facilities at these barracks, the long history of the army being based in Cavan town and the great commitment, dedication and service of personnel based there over the years to the important work of the Defence Forces, locally, nationally and internationally; and if he will make a statement on the matter. [16759/11]

Minister for Defence (Deputy Alan Shatter): Various commissions, reports and studies back to the 1990s identified barrack closure as a fundamental requirement towards improving military effectiveness and efficiency. The dispersal of Defence Forces personnel over an extended number of locations is a major impediment to essential collective training and the consolidation process is designed to facilitate higher training standards, while also freeing up

444 Questions— 22 June 2011. Written Answers under-utilised resources and personnel for operational duties. In addition, the funding realised from the disposal of surplus barracks and properties provides some of the resources required for infrastructure, training-area development and equipment procurement. The Defence property portfolio is kept under review to ensure the most effective use of military resources having regard to the roles assigned by Government to the Defence Forces. In that context the dispersal of personnel over an extended number of locations is a major impediment to effectiveness and also imposes increased and unnecessary overheads on the Defence Forces in terms of barrack management, administration, maintenance and security.The consolidation of the Defence Forces formations into a smaller number of locations is a key objective for me as we strive to maximise the effectiveness of the Defence Forces. Whilst no decision has been made in relation to the future of any particular military installation I cannot give a commitment that there will not be further programmes of barrack consolidation or that any particular location will be excluded.

Departmental Staff 158. Deputy Gerry Adams asked the Minister for Defence the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year-on- year change for his Department. [16832/11]

Minister for Defence (Deputy Alan Shatter): My Department does not have a North South Cooperation Unit.

Departmental Properties 159. Deputy Joan Collins asked the Minister for Agriculture, Fisheries and Food the number of acres of lands that have been sold by Coillte in the past year; if he cannot provide this information if he will present proposals on the way elected representatives, through his auspices in Dail Éireann, may access information. [16684/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as land transactions, are the responsibility of the company. I am advised that the company sold 436 hectares (1,077 acres) of land in 2010 for diverse uses including commercial activities, wind farm and other national infrastructure projects. The Deputy may be interested to note that Coillte publish on its website its property management policy and a listing of its property sales in each year.

Grant Payments 160. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the reason the amount of eligible land under the disadvantaged area scheme was reduced by 2.04 ha in 2010 on the 2009 total in respect of a person (details supplied) in County Kerry; if the person will now be paid in respect of the said 2.04 ha; and if he will make a statement on the matter. [16657/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Applications under the 2009 and 2010 Single Payment Scheme/Disadvantaged Areas Scheme were received from the person named on 30 April 2009 and 7 May 2010, respectively. These applications were fully processed and payment under the Disadvantaged Areas Scheme issued in both years in respect

445 Questions— 22 June 2011. Written Answers

[Deputy Simon Coveney.] of 14.85 hectares of eligible area. This area was reduced from the previous year’s total of 16.79 hectares, due to the exclusion of non eligible area following a review of commonage land.

161. Deputy Heather Humphreys asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will receive their REP scheme payment; and if he will make a statement on the matter. [16765/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 in February 2008 and has received full payment in respect of years 1 and 2. A 75 % payment in respect of year 3 was approved for payment by my officials on 17 June 2011 and will issue within 10 days. Payment of the final 25% will be made when outstanding checks are finalised and compliance with the scheme conditions has been fully established.

162. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the position regarding an application for a forestry development in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [16804/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The application for the person named is currently being processed and payment will issue shortly. I understand that the grant element of this contract will be just over €108,000. The premium element, payable to the applicant, will amount to just over €16,000.

Departmental Staff 163. Deputy Gerry Adams asked the Minister for Agriculture, Fisheries and Food the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16820/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The North-South Co-Ordination Unit is part of the Corporate Affairs Division of my Department and was established in 2000. It is serviced, as necessary, by an Assistant Principal Officer and supported by an Administrative Officer and Clerical Officer.

Missing Persons 164. Deputy John Lyons asked the Minister for Children and Youth Affairs if funding in respect of a 116000 helpline for missing children is under consideration in the forthcoming budget; and if this helpline will be operational in 2011. [16885/11]

166. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs with regard to the EU 116000 missing children hotline number if he will provide the funding that is required to provide this very necessary service [16818/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The purpose of the 116000 phone number is to provide a contact number to families if children go missing. While the Office of the Minister for Children is involved in ongoing discussions with other Govern- ment Departments in relation to the development of a hotline for missing children, the establishment of the hotline for missing children is not a matter for the Department of Children and Youth Affairs. The issue of missing children is a matter for the Garda Síochána.

446 Questions— 22 June 2011. Written Answers

Child Abuse 165. Deputy Derek Keating asked the Minister for Children and Youth Affairs her policy on mandatory reporting of child abuse, wilful neglect and physical or emotional abuse; her plans to introduce legislation for mandatory reporting of suspected abuse; and if he will make a statement on the matter. [16757/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): In line with the Prog- ramme for Government, I am committed to the introduction of legislation to underpin Children First, the national guidance on the reporting and management of child welfare and protection concerns. The implementation plan prepared following the publication of the Report of the Com- mission to Inquire into Child Abuse provides that legislation will be drafted such that all staff employed by the State and staff employed in agencies in receipt of funding from the Exchequer will have:

• A duty to comply with the Children First;

• A duty to share relevant information in the best interests of the child;

• A duty to co-operate with other relevant services in the best interest of the child.

My Department is working on the preparation of the necessary legislation and it is my intention to bring legislative proposals to Government in this regard as a priority. Question No. 166 answered with Question No. 164.

Departmental Staff 167. Deputy Gerry Adams asked the Minister for Children and Youth Affairs the current numbers and grades of staff employed in North-South co-operation units in her Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for her Department. [16822/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Government established the Department of Children and Youth Affairs, and the legislation enacting the new Department came into force on 2 June 2011. The administrative structures of the new Department are currently being finalised. The work related to North South Co-operation will be prioritised in the development of these structures. In the meantime, the Department of Children and Youth Affairs continues to take an active role in North South Co-operation particularly in relation to its involvement in the Cross Border Group on Child Protection, which is taking forward initiatives in areas where co-operation, shared learning and best practice could be of benefit to both jurisdictions, and meets regularly to review progress.

Prescription Charges 168. Deputy Tom Hayes asked the Minister for Health if prescription charges are to be abolished; and if he will make a statement on the matter. [16645/11]

171. Deputy Joanna Tuffy asked the Minister for Health his plans to introduce legislation to abolish prescription charges for medical card holders; and if he will make a statement on the matter. [16660/11]

447 Questions— 22 June 2011. Written Answers

Minister of State at the Department of Health (Deputy Róisín Shortall): I propose to take Questions Nos. 168 and 171 together. Prescription charges are provided for under Section 59 of the Health Act 1970 as amended by the Health (Amendment ) (No 2) Act 2010. Revoking these provisions requires primary legislation. It is the intention of my colleague, the Minister for Health, subject to Government approval, to introduce legislation to abolish prescription charges for medical card holders.

Health Service Contracts 169. Deputy Thomas Pringle asked the Minister for Health the reason the Health Service Executive has not tendered the supply of fruit and vegetables in the County Donegal area and continued the existing contract; his views on whether this represents value for money; and if he will make a statement on the matter. [16649/11]

Minister for Health (Deputy James Reilly): I have referred this matter to the Health Service Executive for direct reply.

Nursing Homes Support Scheme 170. Deputy Bernard J. Durkan asked the Minister for Health when it might be possible to approve an application in the case of a person (details supplied) in County Kildare under the fair deal scheme; and if he will make a statement on the matter. [16656/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Question No. 171 answered with Question No. 168.

Health Services 172. Deputy Joanna Tuffy asked the Minister for Health the services currently available for persons suffering from chronic obstructive pulmonary disease and the extent to which the recommendations set out in the National Respiratory (COPD) Framework, 2008 have been implemented; and if he will make a statement on the matter. [16663/11]

Minister for Health (Deputy James Reilly): Chronic Obstructive Pulmonary Disease (COPD) has a significant impact on people’s health, on health services and on the Irish economy. Based on international figures, over 400,000 people in Ireland may have the condition. In view of the significant effects on health and on health services, the development and implementation of a COPD strategy has been a priority for the HSE. In this regard, the National Clinical Programme for COPD was established under the HSE Clinical Strategy and Programmes Directorate in 2010 to develop and implement solutions to improve quality of and access to COPD services and improve patient outcomes. The scope of the programme is vast and covers prevention, primary and secondary care and links with the ED, Acute Medicine and Palliative Care programmes. Aspects of the National Respiratory (COPD) Framework, 2008 are incorporated in the objectives of the programme. The focus on the clinical programme for 2011 is to implement guidelines for the management of COPD including establishing 12 COPD outreach services nationally. The services will deliver early supported discharge to patients admitted with COPD exacerbations and prevent readmissions. In addition, development of solutions for primary care management of COPD

448 Questions— 22 June 2011. Written Answers patients and the expansion of the delivery of pulmonary rehabilitation services along with access to COPD outpatient clinics are under way. Improving access will involve mandating Primary Care direct access to diagnostics rather than patients having to attend hospital out patient facilities. The diagnostics that are being targeted initially are spirometry (breath tests for diagnosis and management of COPD and Asthma), Ultrasound and Radiology. It is envisaged that most routine treatment of these chronic diseases will take place in Primary Care and the provision of diagnostics is seen as an essential part of this shift in care. The HSE’s roll out of Primary Care teams throughout the country will support the diagnosis of COPD within the community and primary care setting. The Programme for Government provides for a new GP contract with an increased emphasis on the management of chronic conditions, such as COPD, diabetes and cardiovascular conditions. My Department, in consultation with the HSE is finalising proposals for this new contract.

Hospital Waiting Lists 173. Deputy Jack Wall asked the Minister for Health when a person (details supplied) in County Kildare will receive an appointment date for surgery at Tallaght General Hospital, Dublin; and if he will make a statement on the matter. [16676/11]

Minister for Health (Deputy James Reilly): As these are service matters, they have been referred to the Health Service Executive for direct reply.

Health Services 174. Deputy Pat Breen asked the Minister for Health further to Parliamentary Question No. 146 of 11 May 2011, the position regarding an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [16678/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): I wish to inform the Deputy that my officials have been in contact with the Health Service Executive in relation to the Deputy’s question of 11th May last. I have arranged to have this follow-up question referred to the HSE for an urgent direct reply to the Deputy.

Medical Cards 175. Deputy Jack Wall asked the Minister for Health the position regarding an appeal against the decision to refuse an application for a full medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16683/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Staff 176. Deputy Catherine Byrne asked the Minister for Health the number of redundancies both voluntary and mandatory, respectively, which arose on foot of the cut to funding of section 39 agencies in 2010; and if he will make a statement on the matter. [16692/11]

Minister for Health (Deputy James Reilly): Agencies funded under Section 39 of the Health Act 2004 are not public service bodies and their employees are not public servants. Therefore,

449 Questions— 22 June 2011. Written Answers

[Deputy James Reilly.] neither my Department nor the HSE collects employment statistics or information on redundancies or retirements in such agencies. However, the grant funding of Section 39 Agencies was subject to the general efficiency savings for the health sector provided for in Budget 2010. Accordingly, it is entirely appropriate that Section 39 Agencies and other HSE-funded voluntary providers take appropriate measures to ensure that they continued to provide the same level of service, notwithstanding the reductions in their funding. It is the responsibility of each individual employer to decide exactly what mix of actions should be taken to achieve this goal, to take appropriate legal and other advice, to consult and inform its employees/trade unions as necessary and to manage the HR and industrial relations implications of its decisions.

Nursing Homes Support Scheme 177. Deputy Seán Ó Fearghaíl asked the Minister for Health if he will approve an application for a home care package in respect of a person (details supplied) in County Kildare as a matter of urgency; and if he will make a statement on the matter. [16701/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services 178. Deputy Noel Grealish asked the Minister for Health if the Health Service Executive has any plans to extend the insulin pump scheme and a back-up service for children with diabetes which is available from Temple Street in Dublin to children in Galway; the timeframe for a proposed roll-out of such a scheme; and if he will make a statement on the matter. [16703/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Service Staff 179. Deputy Michael McCarthy asked the Minister for Health the number and percentages of reduction in staff in the following grades, namely, nursing, medical-dental, general support staff, management-administration, health and social care professionals and other patient and client care staff for the period 3 March 2010 to 31 March 2011; the expenditure for overtime, agency staff and retired staff regarding those employed for the following grades nursing, medical-dental, general support staff, management-administration, health and social care professionals and other patient and client care staff for the period 3 March 2010 to 31 March 2011; and if he will make a statement on the matter. [16705/11]

Minister for Health (Deputy James Reilly): The reduction in the grade categories from March 2010 to March 2011 is outlined in Table 1.

General Health and Management/ Medical/ Nursing Other Total Support Social Care Admin Dental Patient and Staff Professionals Client Care

31/03/2010 (WTE excl. Career Break) 11,775.25 16,048.90 17,559.43 8,042.31 37,794.46 18,623.19 109,843.54 31/03/2011 (WTE excl. Career Break) 10,863.84 16,294.73 16,256.32 8,004.51 36,782.21 17,462.61 105,664.22

450 Questions— 22 June 2011. Written Answers

General Health and Management/ Medical/ Nursing Other Total Support Social Care Admin Dental Patient and Staff Professionals Client Care

Difference (WTE) −911.41 245.83 −1,303.11 −37.80 −1,012.25 −1,160.58 −4,179.32 Reduction % −7.74 1.53 −7.42 −0.47 −2.68 −6.23 −3.80

Data Source — Health Service Personnel Census. The comparison between March 2010 and March 2011 are not directly comparable for the following reasons: Note 1: Not included in the March 2010 figure is 260 WTE in the National Cancer Screening Service which was brought onto the HSE’s census in late 2010 Note 2: From 1 January 2011, Community Welfare staff have transferred from the HSE to the Department of Social Protection on secondment. Therefore, the decrease in 2011 includes the effect of this transfer (960 WTE). Note 3: The decrease to March 2011 also includes the effect of the Voluntary Early Retirement/Redundancy Scheme at the end of 2010 (1,626 WTE) Note 4: Not included in employment at March 2011 in the table is 374 WTE in the Nurse Banks in the Dublin Academic Teaching Hospitals

Table 2 below provides details of Overtime and Locum/Agency expenditure from 1 March 2010 to 31 March 2011

Overtime Locum/Agency

€€ Management/Admin 7,925,920 8,304,194 Medical/Dental 184,679,038 57,231,858 Nursing 58,832,150 85,704,720 Paramedical 4,666,809 24,862,221 Support Services 45,334,393 53,958,092 Maintenance/Technical 6,832,235 554,280

Total 308,270,545 230,615,365

These figures relate to Overtime and Agency Expenditure for both Statutory and Voluntary Health Care Providers. It should be noted that the categorisation of grades into grade categories on the HSE’s Financial system is different to that used in the HR census. Therefore, the categories are not directly comparable. In relation to payments made to retired staff, the HSE has advised that it is not possible to obtain figures from March 2010 — March 2011 as this information is collected on an annual basis for the purpose of producing the Appropriation Account. The recently published 2010 Appropriation Account states that 773 retired staff received payments for services in 2010. The cost of these services amounted to €14,619,549. The following Table 3 provides a breakdown of this number by staff category and amount paid from January to December 2010.

Category Grade Number % Amount %

1 Medical 49 6 1,838,068.82 13 2 Dental 5 1 159,182.90 1 3 Nursing 488 63 8,718,674.22 60 4 Clerical 49 6 923,152.09 6 5 Interviewer 12 2 59,843.23 0 6 Health & Social Care Professionals 31 4 889,764.73 6 7 General Support Staff 54 7 1,069,641.62 7

451 Questions— 22 June 2011. Written Answers

[Deputy James Reilly.] Category Grade Number % Amount %

8 Other Client Patient Services 85 11 961,222.25 7

Total 773 100 14,619,549.86 100 These figures relate to payments made to retired staff in the HSE Statutory Sector only.

Health Service Capital Programme 180. Deputy Billy Kelleher asked the Minister for Health if he will detail all changes to the Health Service Executive capital programme that he has implemented to date. [16708/11]

Minister for Health (Deputy James Reilly): The HSE has submitted its draft capital plan for the multi-annual period 2011-2015. This is a multi-annual programme which is developed over a rolling five year period. This draft plan is under consideration and requires my approval together with the consent of the Minister for Finance. The draft plan which is under consideration reflects key capital priorities for health including those set out in the Programme for Government. Details of the plan will be published by the HSE following its approval.

Hospital Services 181. Deputy Billy Kelleher asked the Minister for Health if he will detail the meetings he has held with Health Service Executive personnel regarding hospital service configurations. [16709/11]

Minister for Health (Deputy James Reilly): Since becoming the Minister for Health I have met with the HSE on over thirty separate occasions to discuss the various aspects of the health services including the acute hospital transformation. I have instructed the HSE not to withdraw any services from acute hospitals unless and until I receive a full briefing on the details of what is proposed, the alternative arrangements to be put in place, and the overall implications for patients. I can confirm that a number of the meetings with the HSE focused on the reorganisation of hospital services; however this topic would also have been discussed in the context of primary, community care and the development of the clinical programmes. As Minister for Health, I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU will work closely with the HSE, building on initiatives already underway. I anticipate that there will be ongoing contact between myself and the HSE in order to progress this initiative as expediently and swiftly as possible.

182. Deputy Billy Kelleher asked the Minister for Health if he has been supplied by the Taoiseach with a list of hospital services which should be kept open. [16710/11]

Minister for Health (Deputy James Reilly): I have received no such list from the Taoiseach, nor am I aware of the existence of any such list.

National Drugs Strategy 183. Deputy Billy Kelleher asked the Minister for Health the meetings of local or national 452 Questions— 22 June 2011. Written Answers drugs task forces he or any Minister in his Department may have attended in the past three months. [16711/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The Deputy will be aware that there are fourteen Local and ten Regional Drugs Task Forces in the country. I have recently met with the Local Drugs Task Force Chairpersons Network, where a number of important issues were discussed. I have also attended a meeting of the Finglas Cabra Local Drugs Task Force. In addition, I will be meeting with the Citywide Drugs Crisis Campaign next Monday the 27th June 2011.

Health Services 184. Deputy Patrick O’Donovan asked the Minister for Health if he will consider the proposals made by Diabetes Action in relation to diabetic paediatric services (details supplied). [16735/11]

Minister for Health (Deputy James Reilly): The HSE National Clinical Programme for Dia- betes — which includes the care of children and adolescents with diabetes — is established within the Clinical Strategy and Programmes Directorate. This programme has a Clinical Lead appointed through the Royal College of Physicians of Ireland (RCPI). The working group is made up of a multi-disciplinary team with representation from a number of Nursing and Allied Health Professionals, Podiatrists, GPs etc. The Diabetes Federation of Ireland is also a member of this working group. The National Diabetes Working group is working through a number of key objectives, including the implementation of projects such as Diabetes Retinopathy Screen- ing and a multi-disciplinary Foot care package for patients with diabetes. The National Clinical Programme for Diabetes — which is working on care for children and adolescents with diabetes to be considered for inclusion in the 2012 HSE Service Plan — is also actively designing an Integrated Care solution, for inclusion within the Chronic Disease Watch process in collaboration with the Primary Care National Clinical Programme. With a newly established National Clinical Programme for Paediatrics, the whole area of improved services for children and adolescents with diabetes will be examined in detail and solutions worked through.

Medical Cards 185. Deputy Patrick O’Donovan asked the Minister for Health if a medical card will be issued as a matter of urgency to assist a person (details supplied) in County Limerick. [16736/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Centres 186. Deputy Bernard J. Durkan asked the Minister for Health the progress made to date in respect of an evaluation of services, facilities and accommodation available at a health centre (details supplied) in County Kildare; if his attention has been drawn to the urgent need for the upgrading of facilities including provision of temporary accommodation with particular reference to the need to ensure the continuation of a well supported health service in an area with a rapidly expanding population, in view of the fact that these services have been in place since the 1960s and the need in the interim has grown significantly; and if he will make a statement on the matter. [16738/11]

453 Questions— 22 June 2011. Written Answers

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Medical Cards 187. Deputy Patrick O’Donovan asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Limerick. [16739/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

188. Deputy Patrick O’Donovan asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Limerick. [16740/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Eating Disorders 189. Deputy Derek Keating asked the Minister for Health if he will consider introducing a programme of information and advice to address the growing problem of child obesity; if she has any responsibility in this area of child welfare; and if he will make a statement on the matter. [16758/11]

Minister for Health (Deputy James Reilly): The Health Service Executive is involved in many programmes to help prevent obesity; equally my Department — in conjunction with other organisations and Government Departments — is involved in a number of programmes that encourage the adoption of healthy lifestyles. And in this regard I set up a Special Action Group on Obesity, comprising representatives from my Department, the Health Service Execu- tive, the Food Safety Authority of Ireland and Safefoood to examine and progress a number of issues to address the problem of obesity — including nutritional labelling, calorie posting on restaurant menus and the treatment of obesity. The Group will liaise with other Departments and organisations as required. The area of child welfare falls within the remit of my colleague, Ms Frances Fitzgerald, Minister for Children.

Hospital Waiting Lists 190. Deputy Caoimhghín Ó Caoláin asked the Minister for Health further to Parliamentary Question No. 530 of 17 May 2011, when a reply will issue from the Health Service Execu- tive. [16762/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Services 191. Deputy Gerald Nash asked the Minister for Health his plans and those of the Health Service Executive to address the trolley crisis in Our Lady of Lourdes Hospital, Drogheda, County Louth, in which 52 persons were left on trolleys on 16 June 2011; his plans to ensure

454 Questions— 22 June 2011. Written Answers that this situation is prevented from occurring again; and if he will make a statement on the matter. [16763/11]

Minister for Health (Deputy James Reilly): I have stated many times that the waiting times for admission for patients attending Emergency Departments in many hospitals are unacceptable. I am determined that this situation should be addressed. In this regard the Deputy will be aware that I have recently established the Special Delivery Unit and assigned to it as a priority the task of addressing the issues arising in Emergency Departments. The difficulties in Emergency Departments cannot be resolved solely within the EDs themselves and must be addressed on the basis of a health-system wide approach. In particular, overcrowding in the Emergency Department has a number of causes and any solution to problems that may arise from this issue must reflect this reality. Any solution must start with ensuring that patients are treated in the most appropriate way in the most appropriate location. This means that where and whenever possible patients who can be treated in the primary care setting receive that treatment in a timely manner. This will ensure that patients can be confident of receiving the necessary treatment on time and that there is less need for patients to attend at EDs. I am confident that with careful planning, with leadership from the Special Delivery Unit, the implementation of the HSE’s Emergency Medicine Programme and related clinical programmes and the roll-out of Acute Medicine Units we will be in a position to reassure patients that the challenges related to the delivery of services in Emergency Departments will be addressed. The specific service issue raised by the Deputy has been referred to the Health Service Executive for direct reply.

Medical Training 192. Deputy Finian McGrath asked the Minister for Health the reason that in this current economic crisis we are now going to recruit doctors from overseas when we have doctors graduating from our own medical colleges here. [16774/11]

193. Deputy Finian McGrath asked the Minister for Health his views on the suggestion that doctors graduating from medical college and paid for by the taxpayer be contracted to serve at least two years in a public hospital and that it to be considered part of their training. [16775/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 192 and 193 together. The career path of a non-consultant hospital doctor (NCHD) following graduation is normally: Intern — 1 year, Senior House Officer — 2 or 3 years, Registrar — 1 year +, Senior/Specialist Registrar — up to 7 years. Typically doctors who graduate from Irish medical colleges undertake a one year internship in the public hospital system. Following their internship they can apply for Senior House Officer posts. Alternatively they can choose to leave the system at this point, or at a later stage. The HSE has advised that there is currently no shortage of interns in the public hospital system. However, it is recruiting doctors from overseas because there is an immediate shortage at Senior House Officer and Registrar level. 450 posts are due to be filled from 11th July when the next rotation of NCHDs takes place and the HSE is having difficulty filling some of these.

455 Questions— 22 June 2011. Written Answers

[Deputy James Reilly.] Most of these posts are service rather than training posts and it appears that the posts are not attractive to newly qualified Irish doctors. The question of contracting doctors who are trained in Ireland to serve at least two years working in our public health system is among the options which is currently being examined on the context of healthcare workforce planning.

Medical Cards–– Medical Cards 194. Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medical card in respect of a person (details supplied) in County Kerry [16795/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 195. Deputy Sean Fleming asked the Minister for Health when a person (details supplied) in County Laois will receive treatment; and if he will make a statement on the matter. [16800/11]

Minister for Health (Deputy James Reilly): As these are service matters, they have been referred to the Health Service Executive for direct reply.

196. Deputy Tony McLoughlin asked the Minister for Health further to Parliamentary Ques- tion No. 349 of 31 May 2011, when a reply will issue. [16812/11]

Minister for Health (Deputy James Reilly): The working group is made up of a multi- disciplinary team with representation from a number of Nursing and Allied Health Pro- fessionals, Podiatrists, GPs etc. The Diabetes Federation of Ireland is also a member of this working group. The National Diabetes Working group is working through a number of key objectives, including the implementation of projects such as Diabetes Retinopathy Screening and a multi- disciplinary Footcare package for patients with diabetes. The National Clinical Programme for Diabetes — which is working on care for children and adolescents with diabetes to be considered for inclusion in the 2012 HSE Service Plan — is also actively designing an Integrated Care solution, for inclusion within the Chronic Disease Watch process in collaboration with the Primary Care National Clinical Programme. With a newly established National Clinical Programme for Paediatrics, the whole area of improved services for children and adolescents with diabetes will be examined in detail and solutions worked through.

Departmental Staff 197. Deputy Gerry Adams asked the Minister for Health the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16828/11]

Minister for Health (Deputy James Reilly): Responsibility for North-South Co-operation is co-located in the Unit of my Department responsible for EU and International Affairs. Additional responsibilities have also been assigned to this Unit from time to time.

456 Questions— 22 June 2011. Written Answers

Relevant records prior to 2004 cannot readily be accessed but staffing in the relevant Unit since 2004 was as follows:

Year Grade WTE

December 2004 Principal Officer 1.0 Assistant Principal 4.5 Administrative Officer 1.0 Higher Executive Officer 4.0 Executive Officer 2.0 Clerical Officer 3.0 July 2005 Principal Officer 1.0 Assistant Principal 4.5 Administrative Officer 1.0 Higher Executive Officer 2.5 Clerical Officer 2.0 December 2006 Principal Officer 1.0 Assistant Principal 3.5 Higher Executive Officer 1.5 Clerical Officer 1.0 December 2007 Principal Officer 1.0 Assistant Principal 3.5 Higher Executive Officer 2.5 Clerical Officer 0.8 December 2008 Principal Officer 1.0 Assistant Principal 3.0 Higher Executive Officer 2.5 Clerical Officer 0.8 December 2009 Assistant Principal 3.0 Higher Executive Officer 2.5 Executive Officer 0.4 December 2010 Principal Officer 1.0 Assistant Principal 3.0 Higher Executive Officer 2.0 Staff Officer 1.0 May 2011 Principal Officer 1.0 Assistant Principal 2.8 Health Attaché (AP) 1.0 Higher Executive Officer 2.0 Services Officer 1.0

Tourism Promotion 198. Deputy Sandra McLellan asked the Minister for Transport, Tourism and Sport if he will provide details of plans for the use of the Tourism Ireland’s allocation of €30,242,000 from the tourism marketing fund; if he will provide a breakdown of the budget allocation on a target market basis; and if he will make a statement on the matter. [16677/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matter raised is an operational one for Tourism Ireland Limited as the body responsible for promoting the island 457 Questions— 22 June 2011. Written Answers

[Deputy Leo Varadkar.] of Ireland as a visitor destination overseas. I have referred the Deputy’s Question to Tourism Ireland for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Road Network 199. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport his plans to expend public funding on a road (details supplied); and if he will make a statement on the matter. [16796/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Trans- port, I have responsibility for overall policy and funding in relation to the national roads programme. The construction, improvement and maintenance of individual national roads, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Noting this I have referred the Deputy’s question to the NRA for direct reply. Please advise my private office if you don’t receive a reply within 10 working days.

Departmental Staff 200. Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the current numbers and grades of staff employed in North-South co-operation units in his Department as established under the Good Friday Agreement; the numbers in each unit when first established and the year on year change for his Department. [16831/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Under the Good Friday Agreement, North/South tourism co-ordination is supported full time within my Department by 1 Principal Officer, 1 Assistant Principal and 1 Higher Executive Officer with oversight by the appropriate Assistant Secretary. Tourism Ireland is the only North South body under the aegis of my Department and the staffing support for co-ordination functions is in addition to the staff directly employed in Tourism Ireland. North/South transport co-operation within the Department is mainstreamed into day to day work. The Divisions dealing with Roads, Road Safety, Sustainable Transport, Policy Coordi- nation and Public Transport have regular interaction with their colleagues in Northern Ireland at Principal Officer, Assistant Principal and Higher Executive Officer level. The Management Board of the Department also meets with its Northern counterparts.

458