Vol. 630 Tuesday, No. 5 6 February 2007

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Tuesday, 6 February 2007.

Ceisteanna—Questions Taoiseach …………………………………1501 Minister for Agriculture and Food Priority Questions ……………………………1513 Other Questions ……………………………1527 Adjournment Debate Matters ……………………………1537 Leaders’ Questions ………………………………1538 Requests to move Adjournment of Da´il under Standing Order 31 ………………1551 Order of Business ………………………………1552 Comhairle (Amendment) Bill 2004: Motion ………………………1559 International Agreements: Referral to Select Committee …………………1559 Amendments to Standing Orders: Motion ………………………1560 Finance Bill 2007: Order for Second Stage ……………………………1564 Second Stage ………………………………1565 Private Members’ Business Health Service Reform: Motion …………………………1600 Foyle and Carlingford Fisheries Bill 2006: Order for Report Stage ……………………………1633 Report and Final Stages ……………………………1633 Adjournment Debate Mental Health Services ……………………………1655 Female Genital Mutilation …………………………1659 Avian Flu …………………………………1661 Water and Sewerage Schemes …………………………1665 Questions: Written Answers ……………………………1669 1501 1502

DA´ IL E´ IREANN of any pre-1922 legislation, it is intended that these will be re-enacted in a more modern form. ———— Mr. J. Higgins: Where does the Government’s De´ Ma´irt, 6 Feabhra 2007. proposals on a constitutional referendum on the Tuesday, 6 February 2007. rights of children stand? Have the proposals and the proposed wording been finalised? When does ———— the Government propose to bring the necessary legislation for this referendum before Da´il Chuaigh an Ceann Comhairle i gceannas E´ ireann? Is the Taoiseach concerned that the ar 2.30 p.m. commencement of a general election campaign in less than three months could hinder a compre- ———— hensive debate on what everyone agrees is a very important issue? Paidir. Prayer. The Taoiseach: This matter was discussed this morning and the Minister of State at the Depart- ———— ment of Health and Children, Deputy Brian Lenihan, has given the outline of his full proposal Ceisteanna — Questions. and its wording. To give the parties more time for consultation we will not proceed yet. There is ———— plenty of time if we wish to do this. There are important issues to be dealt with if we can come Legislative Programme. to an agreement. The question is whether politi- 1. Mr. J. Higgins asked the Taoiseach his legis- cal agreement can be reached. The work at lative priorities for the Da´il session beginning official level in the Department will be completed 2007. [42760/06] this week. These are not politically contentious issues. There seems to be comprehensive agree- 2. Mr. Kenny asked the Taoiseach his legislat- ment on them, though they generate much ive priorities for the first half of 2007; and if he interest in certain groups and individuals. We will will make a statement on the matter. [43912/06] wait for the Minister of State to complete his dis- cussions with the parties. 3. Mr. Rabbitte asked the Taoiseach his legis- Mr. J. Higgins: Does the Taoiseach have a tar- lative priorities for the remainder of the 29th get date for a referendum? Da´il. [1004/07] The Taoiseach: Realistically a referendum 4. Mr. Sargent asked the Taoiseach his legislat- would have to be held by some time in April. We ´ ive priorities for the Da´il Eireann session begin- will have the work finalised and it is a question ning in 2007; and if he will make a statement on of whether the work with the parties will also be the matter. [2348/07] finalised.

5. Caoimhghı´nO´ Caola´in asked the Taoiseach Mr. J. Higgins: Is there any question of holding his legislative priorities for the remainder of the such a referendum on the same day as a general current Da´il; and if he will make a statement on election? Does holding a referendum in April fol- the matter. [3720/07] lowed by a general election a few weeks later provide a feasible timescale for these important The Taoiseach: I propose to take Questions issues? Nos. 1 to 5, inclusive, together. My Department has one item of legislation, the The Taoiseach: The Government will be in a Statute Law Revision Bill, which was published position to bring forward a referendum Bill on 1 February 2007 and is at Order for Second within a week and there is no reason a vote Stage in the Seanad. cannot be held in early or late March. It is a ques- This Bill will continue the process of modernis- tion of whether agreement can be reached among ing the Statute Book by repealing 3,188 ancient the parties. I would not propose holding a refer- statutes, dating from between 1200 and 6 endum on the same day as a general election. December 1922, that are now redundant or obsol- That would not be a good idea. ete. The Bill will also positively retain 1,348 stat- utes from the same period, as they are not pro- Mr. Kenny: There is no political disagreement posed for repeal at present. on the requirement for a referendum dealing with Ultimately, it is the intention that all legislation the zone of absolute defence. This is very that pre-dates the foundation of the State will be important and the point has been made repealed. Where we need to keep the provisions previously. 1503 Legislative 6 February 2007. Programme 1504

[Mr. Kenny.] gested that we should not go into recess in the On the four other propositions, it seems the summer until they were dealt with. That is the advice of the All-Party Committee on the Consti- view I heard from all sides. I was strongly criti- tution is not being followed. The advice was that cised because I went to an international forum — one can call a referendum, in an emergency, I was the only member in Europe to be invited — within a thirty day period but that there should and it was argued I should not have gone before be real, public consultation about changes to the dealing with the substantive issue in a legislative Constitution. I met the Children’s Rights Alliance and constitutional way. Since then, I have met all last week and it broadly supports this. the relevant groups, that is, in June, July and Last year the Taoiseach made a comment on September, and I designated the Minister of the requirement for a referendum, as he is State, Deputy Brian Lenihan, to deal with the entitled to do as Taoiseach. We were led to comprehensive issue. A large number of groups believe the Minister of State with special was involved in the process, including legal responsibility for children would have detailed groups, religious groups of all denominations and consultations with the Opposition parties. Deputy medical and sociological groups dealing with chil- O’Keeffe, Fine Gael spokesperson on justice, was dren and other issues. We came to a view in contacted by the Minister of State last week while October, which I aired, and there has since been he was on his way to Dublin and they had a dis- considerable engagement by a range of groups, cussion the following day. The Minister of State including NGOs, educationalists, sociologists and also spoke to the Labour Party spokesman. others, all of which have had meetings with the However, as we have no wording to consider, all Minister of State over the past three months and Fine Gael could discuss this morning at its Front longer. Bench meeting was the intent and objective of I take the point that Deputy Jim O’Keeffe and the Government. others need time and that is why I said what I When one changes the Constitution, unfore- said. I do not expect them to make up their minds seen circumstances may arise. We had rushed on the basis of one meeting — I am not asking legislation in the past, including the nursing any spokesperson to do that. homes Bill, and we have had difficulties with If we do not deal with this issue, it will not be other aspects of legislation that arose, never mind the end of the world, but we should try to deal the Constitution. Although the Taoiseach says he with it. Deputy Kenny is totally right that unfore- wants all-party agreement on the matter, his seen issues can always arise dealing with such approach flies in the face of the recommendation issues. One can take it that as soon as one decides of the All-Party Committee on the Constitution, to hold a constitutional referendum — I have had which was chaired by Deputy Brian Lenihan and this debate for ten years with Deputy Jim which contended there should be serious public O’Keeffe — the all-party committee issues a consultation. The world of academia or other sec- report, which then enters the system for consider- tors may raise very valid questions that are not ation. We sometimes change the views in the all- foreseen by anybody in the political spectrum, as party committee’s report and deal with the matter was the case with the BUPA-VHI issue, in on a legislative basis. It then proceeds to be dealt respect of which a lacuna in the law has been with on some other basis. It is not at all irregular identified. that we do not agree with the view of the all- If the Taoiseach is to hold the referendum in party committee, although it does a good job in early March, as he said to Deputy Joe Higgins, bringing issues to the fore in the way it does. he will note that this is only 35 days, or five Groups on all sides say we should deal with this weeks, from now. In the context of the recom- issue. Although there seems to be no contro- mendation of the All-Party Committee on the versial issue involved in this, I have never seen a Constitution, is the matter deemed by the referendum issue unopposed. If there is nothing Government to be an emergency? What are the to oppose in the referendum, something will be Taoiseach’s views on this? invented, and we can be certain of that. I can Does the Taoiseach intend to legislate in almost see where that is coming from already. respect of the private health insurance market, I am not trying to enforce action on this initiat- which includes VHI, BUPA and VIVAS? ive, but it is an outstanding issue that we need to An Ceann Comhairle: That is a question for deal with. It has been pointed out to me by all the line Minister. These questions refer specifi- the bodies in their submissions to the Minister of cally to the Taoiseach’s Department. State with responsibility for children, Deputy Brian Lenihan, that we should deal with this Mr. Kenny: I am sorry but it is important. matter. I have a view as to whether it should be dealt with by one or more questions, but I will The Taoiseach: I have listened to the views of not press my view on it. The Minister of State, Deputy Kenny, Leader of the Opposition, on this Deputy Brian Lenihan, in his consultations with issue. Last year the House was coming down over the various parties can work out a consensus in issues with which we had to deal, and it was sug- this regard. If it is not dealt with in April we will 1505 Legislative 6 February 2007. Programme 1506 have to deal with it later. The House is aware of House for the principle involved, we should take the ramifications, which mean we cannot put it the time to ensure that we do it properly. on the long finger because it will resurface in a range of other forms. I think we will have no The Taoiseach: I have answered most of those problem in dealing with it before the Da´il ends, questions, but I do not know what Deputy but if that cannot be done, so be it. The House Rabbitte meant when he said that when I should come to a view on the issue. I will not engaged in constitutional issues during the period proceed in the absence of political agreement. of my leadership, it was not what it seemed. That would not be wise, but the Government side When a Government of which he was a part tried is ready to proceed. to pass its only major proposal, namely the div- orce referendum, I brought my whole party Mr. Rabbitte: In my time in the Da´il we have behind it to make sure it was passed. The Deputy not had a more accessible or conciliatory knows that it would not have been passed other- Taoiseach. Notwithstanding that, in the ten years, wise. For the Good Friday Agreement, I dealt almost, in which Deputy Bertie Ahern has been even-handedly with the Opposition during the Taoiseach, any time the Opposition has been negotiations. The only referendum with which we invited to come on board, matters have never had problems was one in which the Deputy’s own proved to be what they appeared. The Taoiseach party had a difficulty with a judicial issue, so I is wrong to say that last summer the House was dropped that aspect from it. At every stage in my coming down. Last summer the Government was time as leader, I played it absolutely even-hand- coming down. Presumably, the House would edly, so Deputy Rabbitte’s comment is unfair. come down after it. There is no difficulty on this I was under considerable pressure last year side of the House about the absolute zone of pro- from a range of organisations to deal with the tection. To widen that, there is no problem on issue that arose from what happened in early this side of the House about protecting or June. We have attempted to do that, but it is not asserting the rights of our children. the end of the world whether we get it finished Is it not the case that the omnibus referendum by March. If I did not bring it to a stage whereby now being proposed is quite complex? Notwith- the whole thing was ready, Deputy Rabbitte and standing the support I suspect will be forthcoming others would say that I did nothing. Given that from all sides of the House for the principle that the lifetime of this Da´il ends in the summer, I is being sought to achieve, careful scrutiny and want to complete the work and I will get to a wide public debate and consultation is necessary stage where there is broad agreement on this before we embark on an enterprise as serious as issue inside and outside the House, including amending our Constitution. It is very difficult to among the children’s bodies. There is one chil- envisage how that can be allowed for between dren’s body that is trying to create difficulties now and the end of March, given that we have around this, but all of the others have taken a not yet seen legislation. Presumably the different view. If it is not possible to get broad Taoiseach and his Ministers will engage on the political agreement, then we will leave it until habitual flight of the earls around St. Patrick’s later, but if there is agreement, then we can have Day and a week will be lost for that. the referendum. There is no great difficulty about As regards consulting the Opposition, notwith- this. Religious, medical and social organisations standing the conciliatory streak that runs in that all have an interest in this issue and would like to wing of Fianna Fa´il; the consultations have been see it dealt with. minimalist. I wish to ask the Taoiseach in part- The Deputy is correct to state that there will icular about the organisations he talked about always be difficulties. I have often been asked which he met last June and July. Is it not the case why we do not have a referendum for different that this was but a mote in the Taoiseach’s eye issues when there is all-party agreement, but I last June and July? He needs to discuss with the have always answered that there is no such thing organisations involved in children’s rights and as a simple change to the Constitution. It is cer- protection the specific amendment the Govern- tain that somebody will take an opposing view. ment now proposes to put forward. Will he say People will see problems where none exist, but I whether those organisations have been involved suppose it is unfair to suggest that they invent in the consultations regarding the wording? problems. I read in The Irish Times today that the Irish The Minister of State, Deputy Lenihan, has his Council for Civil Liberties believes the proposals views but he is open to debate this issue. That is now being considered are seriously defective. a fair way to proceed. If we cannot deal with the Some of the children’s organisations believe they issue in March or early April, then the House will fall far short of what it is they thought they were have to deal with it in the life of a new Da´il. I getting. will not say that the parties do not have the time Why does the Taoiseach think it is necessary or do not wish to consult for whatever reason. I for us to rush this through by the end of March? will not use the majority in the House to get this Given the broad support from all sides of the through. I have not done that in the past. I pulled 1507 Legislative 6 February 2007. Programme 1508

[The Taoiseach.] The Taoiseach: The legislation on that matter a referendum late in the day on another occasion is being drafted in the Department of the Envir- just to accommodate the Labour Party. We can onment, Heritage and Local Government. come to a view with the Minister of State, Deputy Brian Lenihan, who is available. The Govern- Mr. Sargent: No further progress has been ment and the administrative system will be ready made. this week to move on. If it is not possible to do that, we can hold it in abeyance and take it for- The Taoiseach: It does not require a refer- ward on the other side of the general election. endum. The Department is proceeding on the The House will not be able to avoid having to basis of what we set out. Considerable work was deal with this issue in 2007. It is needed for many done in the Office of the Attorney General, the reasons — I am sure the Deputy has been meet- office of the Minister of State with responsibility ing the various groups, just as I have. There are for children and the Department of Justice, many reasons we should not delay it unduly. I Equality and Law Reform in June, July, August think that is a reasonable approach. and September. Following an enormous amount of thought and action, meetings took place about Mr. Rabbitte: Is it true that Fianna Fa´il has how to take this forward. A great deal of infor- already placed a printing contract for the mation was disseminated. That process was con- referendum? cluded at Government level in October and I announced it at the beginning of November. In The Taoiseach: No. the three months since then, the Minister of State, Deputy Brian Lenihan, has been engaged in An Ceann Comhairle: That does not arise. extensive discussions with an enormous range of organisations. The Minister of State will be glad The Taoiseach: Can I answer the question? to outline the details of that consultation to the That is just nonsense. Fianna Fa´il has placed no House if a Deputy asks him a question about it. printing contract for any referendum. We are trying to make progress on an issue that is seen as extremely important. Mr. Rabbitte: No printing contract of any kind Like every issue, this issue has implications. It has been placed for it. may be that what was said in the first place needs to be extended. When we consider in the cold The Taoiseach: None whatsoever. light of day what needs to be done 3 o’clock and how it can best be done, the Mr. Sargent: When the Taoiseach tells the Minister of State, Deputy Brian House he is serious about having a referendum Lenihan, will be ready and willing to do that on passed for the good of all children, in particular, behalf of the Government. He is already engaging is he considering that there could be a need to with the political parties in that regard. If the make some budgetary provision for it? Government can agree on that and move for- Additional moneys are needed to address class- ward, it is ready to do so. If we cannot get agree- room sizes, for example. A significant number of ment on the matter, we will not get involved in a people are waiting to get into schools in many row about it. It will have to be dealt with in due constituencies. Is the Taoiseach conscious of the course. We have acted in very good faith through- import of the referendum, in so far as it will put out this process with all of the groups — a sub- an onus on the Government to deliver certain stantial number of organisations have been things? It cannot simply be seen as wishful think- involved. I refer not only to the children’s non- ing, in terms of the rights which the referendum governmental organisations, which have been will clarify. Has that been part of the discussions very active, but also to the other bodies which to date? were calling on us to take action in this area. They have been supporting our moves and engaging I would like to conclude by asking about some- with the Minister of State, as have many other thing that was raised the last time the House con- people. There are right-wing and left-wing views sidered this question. I refer to the All-Party on this issue, as there are on all issues. We have Committee on the Constitution, which the to understand that. We will proceed if we can get Taoiseach mentioned. Is it now clear that the political agreement. If we cannot get such agree- implementation of the recommendations of the ment, we will be unable to make progress. I think Kenny report will not require a referendum? The that is a reasonable position. Taoiseach mentioned in his reply to me the last time we spoke about this matter that the Bill to Mr. Sargent: What is the answer to my question give effect to those recommendations was being about whether any budgetary provision is being drafted. Can the Taoiseach give the House a considered, given the import of the referendum report on the progress that is being made? decision—— 1509 Legislative 6 February 2007. Programme 1510

An Ceann Comhairle: That does not arise at lead to the question Deputy Rabbitte considered this stage. it necessary to ask, that is, whether Fianna Fa´il sees a political advantage in having a referendum Mr. Sargent: It is fair that people should know. on this issue. I do not want that to happen; that is not the purpose of the referendum and it is not An Ceann Comhairle: Yes, but it does not a good idea. arise now. I strongly support the civic forum. It does not require legislative changes. We have spent the Mr. Sargent: There are 116 applicants for nine past eight or nine years working on the civic places in a school I am dealing with at forum concept and engaging with people in many present—— different ways. It would be a huge advantage to An Ceann Comhairle: I ask the Deputy to Northern Ireland in the future and for engaging resume his seat. with civic society and various interest groups in the South if we can get it up and running. Mr. Sargent: ——which indicates there is not With regard to the final question, I do not much regard for children’s rights. believe other legislation is required. The amend- ing legislation on the Foyle is now resolved. If Caoimhghı´nO´ Caola´in: As regards a refer- other legislation is necessary, we will deal with it endum, is the Cabinet considering the possibility but I do not envisage it being required at this of putting more than one question to the elect- stage. If there is a suggestion otherwise, we will orate to deal with the five propositions before us move quickly on it. for consideration? What is the current thinking on that following today’s Cabinet meeting? Has Ms McManus: The Taoiseach rather con- the Taoiseach considered the point made earlier veniently ignored another referendum relating to about having the referendum or referenda on the the rights of the unborn, which was passed but same day as the general election to enhance the had unforeseen consequences which led to two participation of the electorate in the referendum further referendum proposals. Surely the decision process? An examination of turnout for Taoiseach recognises the need to ensure proper stand-alone referenda will show that there is scrutiny, consultation and consensus when it greater participation in the poll when the refer- comes to the rights of the born children? He has endum is connected with another electoral pro- not explained to the House the reason we cannot cess. Would the general election not be the opti- have that space and time to ensure we have that mum opportunity to ensure maximum result and hold the referendum on the same day participation in the decision on these very as the general election. It does not make sense to important matters? say that somehow it would be politically used on On the Taoiseach’s legislative priorities, last the day of a general election but not on any other week he mentioned his enthusiasm for the estab- day. There is a much better chance of party poli- lishment of the all-Ireland civic forum. Is it a tics being taken out of the referendum campaign requirement that legislation will be introduced by if consensus could be reached, if time was given the Taoiseach’s Department or some other to it and it was held on the same day as the Department to establish the civic forum? If legis- general election. The Taoiseach’s argument lation is required, would it not be useful to com- against holding it on the same day as the general mence the preparation and publication of that election does not make much sense to me. legislation so that it could act as a spur for the establishment of the civic forum? Does the The Taoiseach: I did not conveniently forget Taoiseach expect that any further legislation will any referendum. I was referring to referendums be required in tandem with or following the re- establishment of the Executive, the Assembly and which have already been held and I tried to get the all-Ireland Ministerial Council, all of which, I consensus on that issue as well. The people will hope, will come into play in the not too distant make the final decision. If the Government and future? the Oireachtas agree on something and put it to the people, we have to accept their decision as The Taoiseach: The Deputy asked a number of the final arbiters. We should not be upset one questions. With regard to the referendum, there way or the other as to their decision. We should are merits in having more than one question to put our case to the people and fight it and see deal with the five issues; there will probably be whether they are against it. If the Deputy is of two questions. Subject to consultation, the the strong opinion that we should spend more Government would see merit in doing that again. time and achieve agreement by June at the time We will see what happens in the consultations but of the general election, I am open to that and I we have not ruled it out. As I said to Deputy will not stand in the way. If holding the refer- Higgins, it is not a good idea to hold the refer- endum in June is a compromise instead of March endum on the same day as the election. It would or the autumn, I will ask my colleagues to accept 1511 Legislative 6 February 2007. Programme 1512

[The Taoiseach.] debated or it would get confused with the general the Deputy’s suggestion to hold it on the same election. Neither outcome would be particularly day as the general election. good. If the Deputy were to ask what would be my choice, I would rather not have the refer- Mr. Rabbitte: If nothing else we have teased endum on the same day as the general election out the date of the general election and I suppose but if everybody else said it was a good idea, I we should be grateful for that. would not stand in the way. Was this item on the agenda of the Cabinet meeting today and was the format of what will be Mr. Kenny: Following on what Deputy put to the people agreed by the Cabinet today? Rabbitte said, in the short reflection that we had on the matter this morning we had to consider The Taoiseach: As I stated half an hour ago, it what was the intent of the Minister of State and was discussed at the Cabinet meeting today. The the Government. Did the Cabinet decide and format was put to the Cabinet and the Minister agree on a form of wording this morning? If so, of State, Deputy Brian Lenihan, is ready to will the Taoiseach inform the House of it? finalise his discussions with the parties. There is As the Taoiseach rightly pointed out, questions not much point in me asking the Minister, Deputy are always asked about these matters. In the Brian Lenihan to have discussions with the par- event that the Opposition parties are able to ties and then put forward proposals before that reflect on whatever form of wording is decided happens. If there is no progress in those dis- by the Cabinet and general agreement is reached cussions then the Government will issue its pro- on the matter, does the Cabinet intend that the posals. The Cabinet discussed and agreed the legislation dealing with the age of consent would manner in which the Government would wish to return to the House at a subsequent stage? Is that proceed if agreement between the parties was the intention from a legislative perspective in the achieved. event that the referendum proceeds, taking into account the other constraints outlined? Mr. Rabbitte: Is it the position that the Cabinet considered this today and agreed the format of The Taoiseach: I have no ulterior agenda other the referendum and having agreed it there will be further consultations with the Opposition? Does than to try to be helpful on the matter. If the this mean that what the Cabinet agreed today Opposition parties prefer that the Government may have to be reviewed in light of any view the brings forward its full proposals in public, we Opposition or organisations centrally concerned could do so. I would prefer if the Minister of might have? State, Deputy Brian Lenihan, had private consul- tations with the parties and we awaited their out- The Taoiseach: As I stated early on, the come. Otherwise we might as well make the Government has a preference but we would like entire proposals public and say this is the Govern- to get political agreement. The Government for- ment’s view and that we will listen to comments. I mat is based on our current thinking, subject to do not think we would gain time or secure proper the deliberations with the other parties. I empha- agreement and consultation if we did that. It sise it is open to amendment, based on those con- would not work. People should engage with the siderations. If it is clear that other parties are Minister of State and see if we can come to an unwilling to agree or want a longer period and agreement. If we cannot, I will publish our will not agree to a referendum this side of the proposals. election or on the same day as the election — which seems to be the preference of the Labour Mr. J. Higgins: Leaving aside that issue and Party — then the Government will put forward other legislative priorities for a moment, on the its own proposals. I will not be proceeding to Order of Business last week I tried to ask the create a division on this issue in the next few Ta´naiste about the 35 Bills the Government months. Having spent a long time on significant states it will publish between now and the end consultation in the past nine months I intend to of—— bring it to finality for the sake of those who have acted in good faith with the Government. It is An Ceann Comhairle: The question refers really a question of what the parties wish to do. specifically to the Taoiseach’s Department. It is If agreement can be reached then so be it. not an omnibus question on legislation. Oppor- I do not really care if we have the referendum tunities to ask questions on legislation arise on in April, May or at the same time as the election the Order of Business. but I have to say to Deputy McManus that I do not think it would be good to have it on the same Mr. J. Higgins: A general question would be in day as the general election. We would do so if order if—— everybody said we should but we would get into another sideshow with those opposed to the An Ceann Comhairle: No, the question refers amendment and either it would not be properly specifically to the Taoiseach’s Department. 1513 Priority 6 February 2007. Questions 1514

Mr. Rabbitte: Does it, Sir? of the direct payment regime following the intro- duction of the CAP mid-term review changes in An Ceann Comhairle: Yes. The relevant Stand- 2005. With the extension of cross-compliance to ing Order states questions refer to the Depart- a number of other scheme areas from this year, ment of the member of Government in including the disadvantaged areas scheme and possession. REPS, the delivery of annual payments to farm- ers of the order of \1.9 billion is now covered by Mr. Rabbitte: The question refers to the the requirements of cross-compliance. This Taoiseach’s legislative priorities as Head of involves two key elements. First, a requirement Government. The Ceann Comhairle always takes for farmers to comply with 18 statutory manage- the narrowest possible interpretation. ment requirements, SMRs, set down in EU legis- lation on the environment, food safety, animal An Ceann Comhairle: The Chair has allowed health and welfare and plant health. Second, a 45 minutes on one set of questions, whereas he requirement to maintain the farm in good agricul- should try to ensure the House discusses two tural and environmental condition, GAEC. questions. The rate of on-farm inspection required for Mr. Rabbitte: With all due respect, Sir, it was a cross-compliance is 1% of those farmers to whom very important question and nobody on this side the statutory management requirements or complained about the duration of the discussion. GAEC apply. However, at least 5% of producers The least the House can do if we are to amend must be inspected under the bovine animal the Constitution is to spend adequate time—— identification and registration requirements, as this level is prescribed under the new regulations. An Ceann Comhairle: The Deputy has had a My Department has published two information good innings. booklets on cross-compliance, which were issued to all farmers in early 2005 and also in August Mr. Rabbitte: It is not a question of a good 2006. These guides have detailed the cross-com- innings. I resent that language. pliance requirements under various EU regu- lations, as well as giving information on inspec- An Ceann Comhairle: The Deputy is entitled tion controls on farms. Information on cross- to resent it if he likes. The question refers specifi- compliance was also provided by my Department cally to the Taoiseach’s Department. at various single payment scheme meetings with farmers. Mr. Rabbitte: Deputies are trying to tease out In consultation with farming organisations in an important issue. The Ceann Comhairle the context of the charter of rights for farmers, appears to believe he is conferring some latitude on us because we want to query an important my Department has adopted a weighting system question on the Constitution. within the cross-compliance inspection regime whereby due account is taken of infringements of An Ceann Comhairle: The House has had a the cross-compliance requirements which are, on good debate on the matter for 45 minutes. their own, inadvertent and minor in nature, do not result from negligence of the farmer and are Mr. Rabbitte: Time and again the Ceann capable of occurring in practical farming Comhairle’s interpretation is as narrow as he can situations. In such circumstances, a certain level possibly make it. of tolerance is applied while, at the same time, the farmer is notified of the infringement. The An Ceann Comhairle: If the Deputy does not system that has been developed also ensures that like the Standing Order, he knows how to any penalties are applied in a standardised change it. fashion throughout the country. It should be noted that while 1,389 farmers were subject to Priority Questions. cross-compliance penalties under the 2006 single payment scheme, a further 977 farmers, while ———— technically in breach of the requirements, did not suffer any penalty because of the tolerance Direct Payment Schemes. regime applied by my Department. Breaches of 88. Mr. Naughten asked the Minister for Agri- cross-compliance in 2006 resulted in some \ culture and Food the practical steps she is taking 706,000 being withheld from farmers by way of to address the burden of cross-compliance on penalties representing 0.05% of Ireland’s national farmers; and if she will make a statement on the ceiling of \1.3 billion. matter. [4056/07] The vast bulk of penalties applied were for breaches of rules on the identification and regis- Minister for Agriculture and Food (Mary tration of bovine animals — for example, tagging Coughlan): Cross-compliance is an integral part and registration of births, movements and deaths. 1515 Priority 6 February 2007. Questions 1516

[Mary Coughlan.] result, some farmers are literally packing it in and Further consultations will now take place with reducing numbers. I will give the Minister an the farming organisations on arrangements for example. This morning, I met with farmers on the inspections under the new SMRs that have come Offaly-Westmeath border. They told me that on stream for 2007. I am committed to ensuring when 70 farmers recently held a meeting about the maximum level of integration of inspections the development of an airport in County Offaly, across all areas, including inspections under the there was only one objector. Five years ago, some disadvantaged areas scheme. On this basis, the 90% of farmers would have objected to such a overall number of annual inspections under the development but the situation has changed single payment scheme and the disadvantaged because farmers want to get out of farming. The areas scheme is unlikely to exceed 8,000. This is a Minister will be going to Brussels to try to over- significant reduction from the 18,000 inspections turn what she and her predecessor agreed at EU annually under the old coupled regime. level. Commissioner Fischer Boel has been The policy of my Department towards on-farm quoted extensively as saying there is no justifi- inspections has been to give advance notification cation for no-notice inspections. Is it not the case of up to 48 hours. However, this was that her German counterpart automatically gives unacceptable to the European Commission and notice to all farmers and that where standards of my Department was obliged to perform a number milk production meet basic quality requirements, of inspections without prior notification in 2006. no dairy inspections take place? The reality is The vast bulk of inspections — some 92% of the that we have a different set of rules here than total farms selected for single payment scheme/ that proposed by the Commission or that being disadvantaged areas scheme inspection in 2006 — implemented in other countries. On that basis, were all pre-notified to the farmer. will the Minister review the lack of notification with regard to inspections? Additional information not given on the floor of the House. Mary Coughlan: The Deputy’s suggestion that EU regulations governing the single payment we have instilled fear in farmers throughout the scheme would allow my Department to give pre- country is not true. notification of inspection in all cases where cer- Mr. Naughten: It is the position on the ground. tain elements of cross-compliance are involved, for example, the nitrates regulations. However, Mary Coughlan: To have people like the my Department is committed, in the Charter of Deputy raising harum-scarum ideas can instill Rights for Farmers 2005-07, to carrying out all fear in farmers. Since I was first appointed, I have single payment scheme and disadvantaged area implored the former Commissioner, Com- scheme checks during one single farm visit in missioner Fischler, and Commissioner Fischer most cases. This obliges my Department to Boel that we should have pre-notification. The respect the advance notice requirements applic- impression given by the media did not reflect able to the most stringent element of the inspec- what the Commissioner said in Germany. My col- tion regime, namely, a maximum of 48 hours league, the Minister of State, Deputy Brendan notice but with no advance notice in a proportion Smith, discussed the issue with her at Green of cases. Week, and I followed on from that meeting last My Department is in regular contact with the Monday week at European Council level. European Commission with a view to simplifi- The view among all of our colleagues is that the cation of single payment scheme requirements issue of cross-compliance needs to be simplified, with particular reference to advance notice of which is what the President would like to achieve inspections and tolerances. The Commission’s before the end of his term — I met him last year initiative on simplification of the CAP and the to discuss this. I will be vociferous in putting for- review of cross-compliance which is under way ward a number of issues within the cross-com- provides the opportunity for a fresh look at cross- pliance sector that I would like to see addressed. compliance and other single payment scheme The Commissioner has indicated she will bring issues. I am pressing for this, both in direct con- forward proposals in March to take on board a tact with Commissioner Fischer Boel and the number of the concerns expressed by all President of the Council, Minister Seehofer. I member states. raised the matter at the Council on Monday of It is important to note that Ireland was the first last week where several member states had country, on the basis of decoupling, to feel the similar problems to ours. It is not surprising then factors arising from cross-compliance, but these that simplification of the CAP and the cross-com- are now being experienced in other member pliance regime in particular are core issues for the states. It is on that basis that we can gather current German EU Presidency. greater momentum. However, it is incorrect to suggest we are trying to change what we agreed. Mr. Naughten: Many farmers are currently liv- Rather, we are trying to refine the system and I ing in fear of cross-compliance inspections. As a assure farmers my goal is to ensure there is pre- 1517 Priority 6 February 2007. Questions 1518 notification of inspections. There are a number of bound to ensure that farmers are within the other issues within the cross-compliance criteria frameworks of entitlements and eligibility. that I would like raised and addressed in the con- text of what the Commissioner will put forward An Leas-Cheann Comhairle: We must proceed in March and the health check of 2008. to Question No. 89.

Mr. Naughten: The Minister promised to issue Mary Coughlan: I will provide further infor- all farmers with a copy of the checklist the mation for farmers during the spring, early sum- Department of Agriculture and Food will use. It mer and autumn on the context of other aspects was not issued for the 2006 inspections. When will of cross-compliance that come to fruition in 2007. it be issued to farmers? If a person brings a car for an NCT, it is known what conditions and Mr. Naughten: When will they get the checkl- checks are required before the vehicle is ist? We need a date. brought in. Will the Minister ensure that when an inspector Mr. Crawford: It will be another 32 pages. carries out an on-farm inspection, the farmer gets a copy of the report on the day and does not have Food Labelling. to wait for it? When will farmers get clear and unambiguous information with regard to the 89. Dr. Upton asked the Minister for Agri- requirements under cross-compliance? A number culture and Food if she will report on the status, of public meetings have taken place where rep- including providing the dates of meetings, of the resentatives of the Department and of Teagasc interdepartmental or agency group set up to pro- have contradicted each other. There is serious gress implementation of the recommendations of confusion among the Department’s inspectors the consumer liaison panel in regard to food with regard to the interpretation of the rules and labelling and food prices; when the recom- regulations under cross-compliance. How are mendations of the panel in regard to food label- farmers supposed to understand the rules and ling will be implemented; the recommendations regulations when the officials cannot decipher of the panel in regard to food labelling that have them? yet to be implemented; the problems that need to be overcome before such recommendations are Mary Coughlan: First, the checklist will be implemented; and if she will make a statement on made available prior to the inspections this year. the matter. [3771/07]

Mr. Naughten: When? Minister of State at the Department of Agri- culture and Food (Mr. B. Smith): In 2002 the Mary Coughlan: Prior to inspections this year. Department’s consumer liaison panel highlighted Second, a copy of the inspection report was made consumer concerns about food labelling. Sub- available during the inspections in 2006 and, in sequently, the food labelling group was estab- any case, the farming organisations have had a lished in July 2002 to examine the matter and to copy of the checklist for a considerable period as come forward with recommendations by the end I made it available to them prior to negotiations. of the year. The group, which was widely rep- Third, Dr. Noel Cawley has been appointed by resentative of the major stakeholders in the food me to oversee a number of the issues on cross- chain, such as consumer interests, industry, compliance, most particularly the farmers’ char- Departments and agencies, presented its report ter. It is my intention to take his advice on board. to the Department in December 2002. An inter- departmental and agency committee to progress An Leas-Cheann Comhairle: We must proceed the recommendations contained in the report was to the next question. established in April 2003 and met on five occasions. At its final meeting on 3 February Mary Coughlan: We had this discussion during 2004, the committee agreed that there was no the last Question Time for the Department. The need for further meetings of that committee as Deputy will note from an agreement between substantial progress had been made on the imple- Teagasc and my Department that there is mentation of the food labelling group’s recom- absolute clarity on the matter. mendations and the remaining matters were being pursued by the appropriate agencies. Mr. Naughten: It is the same story. As regards the recommendations of the group, the position is that all recommendations except An Leas-Cheann Comhairle: We must move to two have been fully addressed. The outstanding Question No. 89. issues related to labelling of origin at certain out- lets and the definition of substantial transform- Mary Coughlan: It may not necessarily be what ation. As regards the former, all beef sold or Deputy Naughten likes to hear but I am duty served in the retail or catering sector is now 1519 Priority 6 February 2007. Questions 1520

[Mr. B. Smith.] I had asked previously. I am somewhat concerned required by law to carry an indication of country that when we raise issues such as traffic light food of origin. labelling, this kind of question is kicked back to The primary legislation enacted by the the Department of Health and Children although Oireachtas last year, under which our beef label- the Minister for Agriculture and Food has com- ling requirements on country of origin were mented on it. I am concerned about the interac- extended to the catering sector, also allows for tion between the Departments. Will the Mini- the extension of country of origin labelling to ster’s consumer liaison panel examine the traffic other meats. However, because different origin light issue as a specific aspect of food labelling, labelling requirements apply to other meats in the one that is relevant to the Department of Agri- retail sector under current EU legislation, and culture and Food as well as the Department of different systems of traceability are in operation, Health and Children? It has been passed back coupled with some import-export complexities, and forth. I know the Minister does not fully the situation is not as straightforward as it is for agree with my views or those of Deputy beef. The European Commission has opposed Naughten in this regard but I would like to hear member states introducing legislation in this area the views of the consumer liaison panel. As the that is in excess of common EU requirements. panel comes under the banner of the Department Nonetheless, my Department has been involved of Agriculture and Food, it might be appropriate in consultations with the Department of Health for it to examine this issue. and Children on draft new regulations to require operators in the retail and catering sectors to Mr. B. Smith: The dairy industry in my part of provide country of origin information on poultry- the country would not be enamoured of the idea meat, pigmeat and sheepmeat. It is intended to of traffic light labelling — I heard this directly submit these regulations, when they are finalised, from industry members, particularly with regard to the European Commission for approval, as to cheese and other dairy products. As issues required by EU legislation. arise they are considered by the different agen- Of course, the preferred way forward is that cies working in this area. Very quick action was the Commission would progress the question of taken following the consumer liaison panel’s country of origin labelling of all meat at EU level. highlighting of consumer concerns on the issue The Minister has been in regular contact with the and subsequently the food labelling group and an European Commissioner for Health and Con- interdepartmental agency implementation group sumer Protection on this subject and also raised were established. All except two of the 21 recom- the issue in the Agriculture Council, and she will mendations made by the food labelling group continue to take every opportunity to press for have been implemented. We want to see progress on this matter. The Minister has also additional progress on food labelling and this is used the opportunity provided by bilateral meet- an issue we highlight consistently at European ings with EU ministerial colleagues to seek their Union level. I have outlined our preferred support for EU action on country of origin label- method of dealing with the matter. With regard ling and so far has been encouraged by their to traffic light labelling, the recommended daily response. allowance is another suggestion put forward as a Last year the Health and Consumer Protection method suitable for labelling. Directorate of the European Commission under- took a consultative process on a wide range of We are determined to make progress within issues in this area, under a document entitled the European Union on this issue. The director- “Labelling: Competitiveness, Consumer Infor- ate dealing with health and consumer protection mation and Better Regulation for the EU”. I has held a consultation process on the issue to arranged for the Department to make a sub- which we submitted a strong submission through mission on food labelling and country of origin the Department of Health and Children. The labelling of meat through the Department of Minister for Agriculture and Food, Deputy Health and Children, which co-ordinated the Coughlan, can verify that we have received more Irish contribution to this process. This confirmed positive responses from Ministers of the other our strong preference for origin labelling of meat member states than we would have got some time and meat products, and the desirability of there ago with regard to the need for the European being common EU-wide legislation to support a Union to have better systems of food labelling. labelling regime. I also ensured that the second We are determined to make progress on the outstanding issue, namely, the definition of sub- issue. While some progress has been made, we stantial transformation, was raised in the sub- are determined to make further progress on mission to the Commission. issues such as substantial transformation and country of origin. There are serious obstacles, but Dr. Upton: I thank the Minister of State for the preferred route is to get European Union- that detailed response, which has answered many wide recognition of the need for country of of the questions in my original queries and some origin labelling. 1521 Priority 6 February 2007. Questions 1522

Company Closures. as holder of the public share in the company, to 90. Mr. Ferris asked the Minister for Agri- ensure Greencore does not receive one cent of culture and Food if she will make a statement on compensation until such time as it has honoured the recent statement by the European Com- its original commitment to the workers and has mission that Greencore is only entitled to full lived up to all the outstanding commitments to compensation on the basis it has fulfilled all its the workers in both factories? obligations to its former workers. [4169/07] Mary Coughlan: I must take into consideration Mary Coughlan: Under the relevant EU regu- that judicial proceedings are in progress on this lations, the restructuring aid for the sugar indus- issue. I am aware of the situation. I have met the try has to be drawn down on the basis of an aid workers twice and know the unions have met application submitted by the sugar processor. The Klaus-Dieter Borchardt the Deputy Chef de applications must contain a restructuring plan, Cabinet of Ms Fischer Boel who has outlined a including a social plan detailing the actions response similar to that provided to Mary Lou planned in particular with respect to re-training, McDonald, MEP. The Commission’s position redeployment and early retirement of the work- explains the relevant provisions of the EU regu- force concerned. In July 2006, Greencore duly lations which accords with the Department’s submitted such an application, which indicated understanding of the regulations. that the proposed redundancy payments for the Deputy Ferris mentioned the Labour Court. Mallow workers were in accordance with the While not a statutory matter, we would all like to ruling of the Labour Court. I am aware there is ensure that all companies with the financial an ongoing dispute between the company and the wherewithal to abide by Labour Court pro- workers over the interpretation of the Labour ceedings and decisions would do so. However, as Court recommendation and while I regret the has been said, the company has decided it is not parties have not yet resolved their differences, I prepared to alter its existing redundancy pro- have no function in that regard. The position visions. Similarly, the trade union has not regarding that dispute was fully explained by my changed its position and is not prepared to accept colleague the Minister of State with responsibility the company’s offer. We would like to bring this for labour affairs, Deputy Killeen, in reply to a matter to a finality. To reiterate, the services of parliamentary question last Wednesday. the Labour Court remain at the disposal of the The aid application submitted by Greencore parties if they wish to return to get clarity on was approved in September subject to the out- the matter. come of the judicial review proceedings instituted by Greencore in respect of the Government Mr. Ferris: I thank the Minister for her reply. decisions regarding the allocation of the aid. In The Minister is aware there was a disagreement view of these legal proceedings, it would not be between the union and Greencore with regard to appropriate for me to comment further. the interpretation of the Labour Court decision. This was subsequently clarified by the Labour Mr. Ferris: I thank the Minister for her reply. Court. However, because the clarification did not Is the Minister aware that a reply to a question suit it, Greencore has effectively ignored it. Not by Mary Lou McDonald, MEP, to the European alone that, the Minister is part of a Government Commission two weeks ago stated that compen- that retains a public share in the company and sation for the closure of the sugar plants at Mallow and Carlow would only be paid once all has allowed this to happen. The Labour Court is the members and actions defined in the restruc- there for a purpose, but its adjudication has been turing plan had been implemented by the under- totally ignored which is wrong. taking and verified by the member state? The reply further stated that this system enables the Mary Coughlan: The golden share has nothing member state to ensure that all obligations linked to do with the issue. It only refers to permission to the restructuring plan, such as redundancy to be given by the State in the disposal of the arrangements for the workers, are met. sugar assets and has nothing to do with the day Does the Minister accept, given that Greencore to day workings of Greencore or anything arising has refused to honour its original agreement with from the EU restructuring scheme. Therefore, I the Mallow workers, it is not entitled to draw cannot interfere, particularly when a judicial down the full amount awarded to it, particularly review is in the offing. We would love to bring in light of the fact that the \4.4 million owed to clarity to the matter and bring it to finality, partic- the workers pales in comparison to the \146 mil- ularly for the workers. The Labour Court is at the lion awarded to Greencore in compensation? disposal of both parties and willing to facilitate Does the Minister also agree that in refusing to an outcome. I regret there is a dispute between comply with an order of the Labour Court, the parties. All I can do is reiterate my call for Greencore has, in effect, admitted it is in the the matter to be brought to finality and for clarity wrong? Has the Government not an obligation, from both sides as to the best outcome. 1523 Priority 6 February 2007. Questions 1524

Mr. Ferris: Does the Minister intend to exercise payment. Farmers paid by the Department to the golden share with regard to the future of the date under the 2006 scheme account for almost property? 97% of all applicants. Any cases remaining to be paid are generally under query for one reason or Mary Coughlan: All the golden share allows another. The timely issue of payments to all farm- me to do is give permission for the sale of the ers, including young farmers, is a priority for the property, but we are not at that stage. Department. The introduction of the single payment scheme Mr. Ferris: Is the Minister prepared to exercise in 2005 brought the new concept of payment her rights in that regard? entitlements into the direct payments system. Payment entitlements are not attached to land Mary Coughlan: The matter is before a judicial but are the property of the farmer active during review and I am precluded from any public com- the reference period and in receipt of direct pay- ment on any aspect of it in case that process ments under one or more of the livestock pre- would be seen to lack independence and clarity, mium and arable aid schemes. which is what I want to pursue until the matter is Payment entitlements may now be sold with or brought to finality. without land, but can only be sold without land once 80% has been used in one calendar year. Grant Payments. On the other hand, entitlements may be leased to 91. Mr. Crawford asked the Minister for Agri- another farmer only if accompanied by an equiv- culture and Food the number of farmers who alent number of hectares of eligible land. Entitle- have not been paid their single farm payment in ments may also, of course, be transferred, with or each of the years 2005 and 2006 due to difficulties without land, by gift or through inheritance. The over inheritance issues or partnerships; her views registration details of entitlements may also be on whether young farmers should be given all the changed, for example, from one name to joint support necessary and payments made a priority; names or to partnerships. and if she will make a statement on the It is incumbent on the Department to maintain matter. [4082/07] a database of entitlements containing the name and herd number under which entitlements are Minister of State at the Department of Agri- registered with a view to ensuring that payment culture and Food (Ms M. Wallace): The position be issued to the correct holders of the entitle- in so far as payment under the 2005 single pay- ments for any year. When entitlements are trans- ment scheme is concerned is that some \1.199 ferred from one farmer to another or when the billion has been paid to over 128,200 applicants, registration details of the herd number are 99.9% of total eligible applicants, including \14.3 changed, the parties must complete an appli- million in refunding the modulation reduction on cation to have the registration details of the the first \5,000 paid to each applicant. entitlements changed. There are a small number of cases which have not yet been paid. In some instances, the Depart- Additional information not given on the floor of ment is awaiting legal documentation in the cases the House. involving inheritance applications. There are The application forms to be completed by other cases where farmers submitted 2005 single farmers engaged in transferring or changing the payment application forms but never submitted registration details of entitlements are available an application for the transfer of the single pay- through the Department’s website and local ment entitlements to them. The Department is offices, as well as at Teagasc offices. arranging to make direct contact with the persons The closing date for receipt of applications to involved requesting them to submit the transfer transfer entitlements for 2006 was 16 May 2006. application form immediately. The number of However, where an entire holding and entitle- cases involved at this stage is extremely small but ments are being transferred within the ten-month it is the Department’s intention to pursue all of period, such applications may be accepted at any these cases in order that the farmers involved time during the ten months. Some 6,000 appli- have an opportunity to apply for the transfer of cations have been received in the Department to entitlements. transfer entitlements for the 2006 single payment The Department will process these applications scheme. Approximately 2,300 of those appli- as soon as they are received. If they are in order, cations were received after the closing date and the entitlements will be transferred to the 2005 many have been received only in the past couple single payment scheme applicant and payment of months. Those late applications are, neverthe- for both 2005 and 2006 will be issued. Under the less, being processed. 2006 single payment scheme, \1.197 billion has The Department is making every effort to have been paid to 123,300 applicants. Full payment has all those applications processed as quickly as pos- been issued to 122,200 farmers, while a further sible. Applications for the sale of entitlements 1,100 farmers have received the 50% advance with land, the lease of entitlements, the transfer 1525 Priority 6 February 2007. Questions 1526 of entitlements by gift or inheritance, or the such as the copy of the deed of transfer or the transfer of entitlements to partnerships must be lease agreement. In over 50% of cases, the accompanied by appropriate documentation such required documentation was not furnished with as a copy of the deed of transfer or lease agree- the original application, thus necessitating further ment. In over 50% of cases, the required docu- contact with the parties involved. In fairness, mentation was not furnished with the original departmental officials are following people up to applications, thus necessitating further contact assist them in collating the documentation. with the parties involved. The closing date for 2006 was 16 May, but we received applications right up to Christmas. We Mr. Crawford: I thank the Minister of State were very flexible with the date and certain of profusely for giving so much information for those of whom the Deputy has spoken may have which I did not ask. applied to us quite late as a result. Some 6,000 people applied for transfers in 2006, but 2,300 of Mary Coughlan: It is always good to be them did so after the closing date, many of them informed in opposition. in the weeks before Christmas. The application forms are not only available on the website but Ms M. Wallace: Some things are useful. in our local offices and the Teagasc offices. If there is a Teagasc adviser who does not know Mr. Crawford: Absolutely. I have a certain that the forms are in its offices, perhaps we anxiety for what may be a small number of farm- should be told about that. ers, although I have still not found out how many If the Deputy wishes to raise particular cases, are owed moneys under the 2005 or 2006 we will be delighted to help as we wish to assist schemes. such people. From the Department’s perspective, it has been a great success story, with 99.9% of Ms M. Wallace: The figure for 2005 is approxi- people paid for 2005. Despite all I have said to mately 100. the Deputy regarding 2006, 97% of applicants have received their payments. It has been a great Mr. Crawford: I simply ask how many have not success and if there is an isolated case with which been paid. I have serious anxieties regarding the Deputy would like us to assist, we would those young people encouraged by their parents, appreciate his informing us. uncles or aunts to stay in farming through being granted use of the land by deed, transfer or part- Mary Coughlan: The Minister of State, Deputy nership. There seems to have been a dreadful Brendan Smith, will be more than happy to facili- breakdown in the operation of the scheme. In one tate the Deputy with his constituents. He will cer- recent case, a Teagasc adviser had never heard of tainly be in touch. the forms that had to be filled in and had to have them sent to him. Mr. B. Smith: I heard about it one night on the Adjournment. Ms M. Wallace: Teagasc—— Mr. Crawford: Absolutely. Those who went Mr. Crawford: It was a Teagasc adviser rather first to the Minister of State, Deputy Brendan than an ordinary farmer. Farmers are not getting Smith, and then came to me are still in trouble. a sympathetic hearing regarding such issues; they Those are the simple facts. are not being heard at all. They have been told There are people in grave difficulty and I wrote to send in material, but no matter how they try to the Minister directly before Christmas regard- to communicate with the relevant personnel, they ing at least two individuals in dire straits. It is not do not receive the required answers. The funny. While it may be gratifying to emphasise important fact is that they are certainly not get- that 99.9% of people have been paid, if the Mini- ting the money. For young farmers, money is the ster of State were among a small number of No. 1 issue and in many cases it is their total pro- Deputies not to have received last year’s salary, fit. I appreciate the Minister of State giving me she would not be happy either. I would like to all that information, but I want to know how and have elicited the figures for 2006. Will the Mini- when those young farmers caught in transfer ster consider making personnel available in such mode will be paid. difficult circumstances to deal with matters?

Ms M. Wallace: For 2005, approximately 100 Mr. Naughten: There are only 100 cases out- cases remain outstanding, 99.9% of applicants standing. already having received their entitlements. In those 100 cases, we await documentation. It is Mr. Crawford: There are only 100 for 2005, important to state that every effort is made to although we do not know how many there are for process applications as quickly as possible, but 2006. If we are sincere about young farmers, we when it comes to transfer, they must be should try to give them all the help we can rather accompanied by the appropriate documentation, than hindering them. 1527 Other 6 February 2007. Questions 1528

Ms M. Wallace: In 2006, 1,100 farmers received are now the subject of judicial review proceedings the 50% advance payment, although their cases instituted by Greencore in the High Court. Under are currently being queried, which is why they the EU regulations, the first instalment of aid have not yet received the balance. In some cases, would fall to be paid in June 2007. In view of the consolidation or stacking may have been involved legal proceedings, it would be inappropriate for and we just need the documentation. me to comment further. If those about whom the Deputy is concerned The third element of the compensation pack- have their documentation in order, they should age is the diversification aid, also provided for in furnish it. Some people have been genuinely Council Regulation (EC) 320/2006, worth almost delayed owing to inheritance issues and questions \44 million in Ireland’s case. A national restruc- being dealt with by their solicitors such as family turing programme has been prepared and submit- settlements. We must have the documentation, ted to the EU Commission, in accordance with but we are absolutely sincere in saying to the the EU regulations, with a view to drawing down Deputy that our doing so well regarding the pay- the diversification aid. The regulations provide ments has been a great success in European that payment of this aid would commence in terms. September 2007. We strongly desire to reach the stage where we have dealt with 100% of payments and will be Mr. Naughten: In reality, farmers are getting thrilled to assist farmers. We want to give them only approximately a quarter of the available the money rather than hold on to it, but at the compensation, a far cry from the 60% to 40% same time we must have documents such as the split from the sugar beet crop return. Every copy of the deed of transfer and the lease agree- farmer in Europe, whether he or she produces ment. I hope the Deputy understands that with beet, gets the single farm payment, so that does 50% of the necessary documentation absent and not form part of the compensation package. officials chasing it, we are doing our best and The restructuring fund falls due in June, but working very hard to ensure that we pay out. If does the legal action currently being taken thre- we get the documentation from the farmers, aten that due date? Could it be the case, particularly the small group outstanding for 2005, depending on how long the legal proceedings are we will deal with their applications immediately. ongoing, that the due date may occur later? Per- haps the Minister could clarify the matter. Mr. Naughten: I am sure the staff in Raphoe Is the diversification fund separate from the would like to go down and meet them. legal action taking place, and will it definitely be paid in September, subject to the European Com- Mary Coughlan: The staff in Raphoe are hard mission being satisfied with the proposals put for- at work, like all my departmental staff. ward? With regard to tax implications, the Mini- ster for Finance has stated that more than 80% Other Questions. of the compensation package is liable to tax. Has the Minister discussed the matter with the Mini- ———— ster for Finance, as it would have major impli- cations for farmers? Sugar Beet Industry. Mary Coughlan: With regard to the judicial 92. Ms O. Mitchell asked the Minister for Agri- review and restructuring aid, the case is due to be culture and Food when compensation will be heard on 1 May, and we all hope it can be issued to sugar beet producers; and if she will finalised soon so we can proceed with the June make a statement on the matter. [3556/07] date. We will have to await the outcome. The diversification aid of \44 million is separate from Mary Coughlan: The compensation package the disputed amount. The matter of tax impli- negotiated in the context of the reform of the EU cations is currently being assessed by the Depart- sugar regime is worth in excess of \310 million to ment of Finance and I have held initial dis- Ireland. It is comprised of three elements. cussions with its Minister. We await the The first is the sugar beet compensation which examination of the proposals forwarded by my has been incorporated into the single payment Department for further discussion. scheme with effect from 2006. It will be worth On the Deputy’s question regarding the single approximately \123 million to Irish beet growers farm payment and compensation, although over seven years. The second element is the EU people receive the single farm payment, they restructuring aid for the sugar industry, which in receive a differential in the single payment on the Ireland’s case is worth approximately \145 mil- basis of compensation for the reduction in the lion. In accordance with EU regulations, the price of sugar. Government made certain decisions last July regarding the implementation of the restructuring Mr. Naughten: I accept that, but everybody aid, in particular the percentage to be reserved involved in the beet industry in the past receives for beet growers and contractors. These decisions that single farm payment. Discussions have been 1529 Other 6 February 2007. Questions 1530 ongoing with Greencore and the Government has particular as regards the vertebral column. In July its golden share with regard to the disposal of 2005 the EU Commission adopted a reflection assets. Will the Government put forward the case paper, the TSE, transmissible spongiform that at the time the property was disposed of to encephalopathy, roadmap, looking at the next Greencore, it was undervalued because of the steps that could be taken with regard to BSE in impact of the golden share? It is now an the short, medium and long term. extremely valuable asset, which should be part of After consultation with member states and the case being put by the Government. stakeholders, Commission Regulation (EC) No. As a result of this issue, the growers and con- 1974/2005 was adopted in December 2005. This tractors were hard done by in only getting a quar- regulation provided that the age limit for remov- ter of the available compensation, when such a ing vertebral column, including dorsal root gang- very valuable land bank was being made available lia of bovine animals as SRM, could be increased to Greencore at a knock-down price. from 12 to 24 months. Provision is also made for further review of the age limit, which would have Mary Coughlan: It is important to reiterate that to be on the basis of scientific advice. the Government made a decision on the basis of an independent report by Indecon, which took The requirement for authorisation of retail into consideration all aspects of the EU regime. establishments such as butchers for the specific On the basis of that independent expert activity of handling and removing SRM is pre- appointed by the Government, it was decided to scribed in European and national regulations. reserve 32.38%, which was \47.1 million, for The environmental health officers service of the growers and contractors. This sum was made up Health Service Executive, under service contract of \40 million for growers and \7.1 million for to the Food Safety Authority of Ireland, machine contractors, relating to loss of special- implements these regulations in retail butchers ised machinery. shops. Butchers are required either to declare It is on the basis of this decision we are now non-handling of SRM or to comply with the stan- being challenged, and it is completely inap- dards for authorisation for handling of SRM. propriate for me to make any statement on the Authorisation ensures that this material is matter. Although the Deputies on the Opposition removed and disposed of in a manner that pro- side may smile, I am very aware of the impli- tects consumers. Butchers seeking authorisation cations of making any statement that could need to demonstrate the presence of systems to compromise the impartiality or independence of ensure adequate identification, separation, the decision made by the Government, even in removal, storage and disposal of SRM. the confines of the House. Although anyone Retail butchers who choose not to handle SRM would regret the dispute, that is the democracy in can handle all beef from animals under 24 which we live. People are entitled to express their months. In addition, unauthorised retail butchers view and I hope the matters arising from the can handle beef from animals over 24 months if judicial review proceedings will be dealt with as it has been boned out or has its vertebral column quickly as possible. removed prior to intake. The handling of SRM at Mr. Naughten: They got a very valuable asset retail level has been identified as a priority area for nothing. for protection of consumers. The Food Safety Authority of Ireland has consulted the trade on Mary Coughlan: The Deputy is a bit of an the approach to implementing these regulations asset himself. and it has published an extensive set of frequently asked questions to assist the trade in understand- Food Safety Standards. ing these requirements. The EU Commission has indicated that an 93. Ms Enright asked the Minister for Agri- opinion is awaited from the European Food culture and Food the reason butchers cannot Safety Authority that will determine whether an bone out bovine animals on their premises over increase in the age limit for the removal of ver- 24 months; and if she will make a statement on tebral column as SRM, from 24 months to 30 the matter. [3551/07] months, can be considered. However, it may still Mr. B. Smith: Regulation (EC) No. 999/2001 take some time for the European Food Safety designates certain bovine tissues as specified risk Authority to reach a definitive conclusion on material, SRM, and lays down rules for its this matter. removal as a public health protection measure in Any provision for a change in the age limit for the context of BSE controls. the removal of vertebral column would have to In its opinion of 28 April 2005, the European be on the basis of a proposal from the European Food Safety Authority concluded that a scientific Commission and approved within the framework basis existed to review the age limit for the of the standing committee on animal health and removal of certain SRM in bovine animals, in the food chain. 1531 Other 6 February 2007. Questions 1532

Mr. Naughten: I thank the Minister of State for Mr. B. Smith: Deputy Crawford probably will his response. The Minister of State will be aware be aware that a negative conclusion was reached that many family butchers are under significant in the European Parliament. The proposal now is financial pressures currently, and many are going that the Commission would give each member out of business. The loss of that sector of the state the competence to make the decision itself. market would be bad from a farmer’s point of Unfortunately, that will not happen tomorrow view as it provides some kind of competition to either. It is also an important issue on which there the big meat plants. It also gives variety to the has been some progress. We want to see further consumer, which is critically important. progress, as the Deputy rightly pointed out. Scientific advice is currently that animals under One important aspect of the specified risk 30 months do not need to be tested and there is material regarding BSE which would be wel- no risk associated with BSE for animals under comed by all sides of the House is that while the that age. Why is there a 24-month rule when a number of cases in 2002 stood at 333, that figure 30-month rule is already in place that considers had reduced to 41 by 2006. We hope to see even the matter from a scientific basis? further progress on such incidences this year. When will the European Food Safety Auth- ority make a decision on the issue? The difficulty Animal Diseases. is that with beef up to 24 months, the bone to 94. Mr. McEntee asked the Minister for Agri- meat ratio is quite high. As a result, there are culture and Food, further to Parliamentary Ques- significant additional costs on butchers boning tion No. 377 of 27 June 2006 regarding equine out animals themselves or having to pay a meat infectious anemia, if she will furnish a response \ plant or abattoir up to 500 for every four ani- to the issues raised; and if she will make a state- mals boned out. As this is putting considerable ment on the matter. [3585/07] financial pressure on the butchers, will the Mini- ster of State indicate a timetable on the matter? Ms M. Wallace: The issue raised in the Deputy’s question of 27 June 2006 continues to Mr. B. Smith: Deputy Naughten raised a be the subject of a thorough and comprehensive number of important points. All of us were investigation by our Department, as part of which delighted to see some new butcher establishments officials have travelled overseas to consult with open and we know the great service those tradit- international colleagues. ional butchers continue to give. We want them to An extensive amount of information has been be in as competitive a position as possible in the gathered as part of the investigation which is cur- supply of meat and other products. rently being assessed. It is not possible at this At political level, through the Minister, Deputy stage to state when the investigation will be con- Coughlan, and at senior chief veterinary officer cluded other than to say that it remains our posi- level at the Standing Committee on Animal tion that if sufficient evidence is gathered to sup- Health and the Food Chain, Ireland port a prosecution, we will seek to have the case 4 o’clock has argued strongly for an increase in prosecuted through the courts. I am sure the the time limits. We have argued this Deputy will appreciate, in view of the circum- consistently and strongly for some time. The stances, that it would be entirely inappropriate matter has been raised by the Minister and by for us to comment any further on the progress of me with the Commissioner. It has been raised at the investigation. Council of Ministers’ meeting level and it has also As regards the disease, the position is that since been argued vigorously by the chief veterinary the initial case was confirmed in June 2006, the officer. The position is that we will continue to Department has taken very significant steps to pursue that issue. contain the outbreak and progress its eradication We have not been given an indicative time- and to protect the valuable Irish bloodstock frame for when the European Food Safety Auth- industry. ority is likely to issue a further recommendation, To date, 28 cases have been confirmed, the but it is an issue that we have consistently kept on most recent on 10 December 2006 — over eight the agenda of the Standing Committee on Animal weeks ago. This is, by some considerable distance, Health and the Food Chain and of the Council of the longest interval between any two previous Ministers. We realise the issues involved on which cases and, with over 14,000 blood samples having we need to make progress. been tested last month, gives increasing confi- dence that the outbreak has been contained and Mr. Crawford: Has any progress been made on we are well on the way to its eradication. Moni- the other section, that 30 months is still being toring is continuing and the Department is cur- held as the time by which animals must be tested? rently following up a suspect case where there is It is clear that at least 36 months would be an inconclusive test result. realistic and would make a considerable differ- ence to the cattle trade. This change would have Mr. Naughten: I thank the Minister of State for implications right down the line. her response. I am concerned that seven months 1533 Other 6 February 2007. Questions 1534 after the initial outbreak was reported, the December last is important and we hope that the Department is still investigating it. We all know outlook is improving. what is circulating on the rumour machine. It is critically important if prosecutions are to be Mr. Naughten: Is the Department specifically taken that action is swift and the necessary evi- investigating the issue of the 57-day period? dence is garnered as quickly as possible. This Based on that period and on the history of the particular incident had the potential to decimate disease to date, it would seem that there may be the industry in this country. I acknowledge that some other reservoir at play. What is the Depart- the Department is doing everything in its power ment’s view in that regard? to fully investigate it, but it is critically important Some of the owners of these animals are small that its action is seen to be swift. operators who rely solely on the income from Second, will the Minister of State outline the them. They have been left without an income steps being taken to support owners of animals through no fault of their own. It is not acceptable which have been inadvertently infected by swamp that the Department, while paying part of the fever? There are a number of cases of which she costs of veterinary expenses, should leave these will be aware. What measures, such as financial people without an income when this was com- supports and scientific and veterinary expertise, pletely outside their control. This matter needs to are being provided to the owners? be addressed by the Department.

Ms M. Wallace: The Department is continuing Ms M. Wallace: I stress that the Department to progress the investigation into the circum- has made clear that it does not intend to make stances in which the disease was first introduced any contribution to horse owners in respect of to the country. The investigation is a comprehen- losses claimed to have occurred as a consequence sive one and the Department will, in the event of of being restricted. sufficient evidence being established, endeavour On vigilance, testing and the 57-day period of to pursue a prosecution. Due to the nature of the which I spoke, no doubt a great deal of testing investigation, the Department is not in a position has taken place in this area. There have been to comment further on its progress at this stage. 14,000 negative tests in January alone, we have On Deputy Naughten’s second question, the completed the targeted surveillance programme Department is paying for the testing. There has and a further 10,000 samples should be tested by been a comprehensive surveillance programme, the end of March. We are increasing confidence the cost of which was largely borne by the in this area and are working with the industry. Department. Separately, the Department pro- We continue to keep the industry updated and we vides a financial contribution for each visit by a acknowledge the work of the Irish Thoroughbred vet to take blood samples from horses, subject to Breeders Association and the stud masters. movement restrictions, and also covers the cost to Everyone is working together because of the the Irish Equine Centre of analysing the samples. importance of the industry. The lengthening intervals between cases is giv- Dr. Upton: As this is clearly of such signifi- ing comfort and reassurance that the situation is cance to the horse industry, are there any changes stable and the outbreak contained, but there is no in the protocol, quality control and quality assur- room for complacency. Despite the progress ance procedures arising that should be applied to made to date there is a need to maintain vigilance the importing of other batches of that product and continue testing. The Department and the and similar biological products? industry must continue to work together for the benefit of the Irish bloodstock industry and to Ms M. Wallace: The Veterinary Council is ensure the disease is finally eradicated from Ireland with all reasonable steps taken to prevent dealing with that and has introduced new proto- its introduction. cols. The Department has given advice to horse owners and in view of the veterinary association involvement in this matter, the Department is Rural Environment Protection Scheme. reiterating the advice consistently given over the 95. Mr. P. McGrath asked the Minister for past five months that veterinary practitioners Agriculture and Food when the REPS 4 will be should at all times observe the highest standards open to applicants; and if she will make a state- of hygiene and should ensure that in all circum- ment on the matter. [3546/07] stances contaminated veterinary instruments are either appropriately disposed of or thoroughly Ms M. Wallace: The rural environment protec- sterilised before reuse. tion scheme, REPS, 4 will form part of the new The most recent of the 28 cases was confirmed rural development programme for the period on 10 December 2006. That is over eight weeks 2007 to 2013. The programme was sent to the ago, or 57 days. Prior to this, the longest period European Commission in late December and has between cases had been 27 days, 25 days and 20 to go through its approval process. We cannot be days, respectively. This period of 57 days since 10 definite as to how long this process will take but 1535 Other 6 February 2007. Questions 1536

[Ms M. Wallace.] farmers for the first time and it will be such a we continue to pursue early approval. Our wonderful scheme it will be worth waiting for. officials are in ongoing contact about it with our counterparts in the Commission services. Mr. Naughten: Do not forget the forestry end of it. Mr. Naughten: Will the Minister give an edu- cated guess as to when this scheme will be in Mr. Durkan: As Joe Dolan said, “more and place? A number of farmers were on the REPS 2 more”. scheme, which lapsed on 31 December, and they cannot apply for a new scheme until REPS 4 Food Industry. becomes available. Will the Minister extend the REPS 2 scheme as an interim measure, either for 96. Mr. P. Breen asked the Minister for Agri- six or 12 months, to get over the anomaly that culture and Food if she will ensure that provision exists? Farmers who were in REPS 1 and con- is made under the new meat plant investment tinued into REPS 2 have found themselves in scheme to provide facilities for farmers to clearly limbo until the new scheme becomes available. Is view weighing scales in factories; and if she will it possible to facilitate a continuation of REPS 2 make a statement on the matter. [3543/07] in the interests of good environmental manage- ment and to maintain the income those farmers Mr. B. Smith: In keeping with commitments have had up to now? given in the Agri-Vision 2015 action plan, the Minister for Agriculture and Food, Deputy Ms M. Wallace: Last year we took advantage Coughlan, announced in November a beef and of the Commission’s transitional rules to make sheepmeat processing sector investment package \ special provision for REPS 2 contracts that totalling some 50 million. This grant assistance, \ expired up to 30 November 2006 to be extended which should trigger investment of some 120 for a further year. This option is no longer avail- million, is yet another clear indication of the able to us because the EU regulations governing Government’s commitment to the continued REPS 2 and REPS 3 expired on 31 December development of a modern, competitive, innov- 2006. It is now legally impossible to approve or ative and market-focused food industry. extend contracts under either of those schemes. Farmers whose REPS 2 contracts are expiring Mr. Rabbitte: The word processor is a great have had two opportunities to transform their thing. undertakings into new five-year contracts in REPS 3. We are doing our best to make sure Mr. B. Smith: The objective of the scheme is REPS 4 will be available for them as early as to make financial assistance available towards the possible. cost of the construction and acquisition of build- ings, new machinery and equipment and, conse- Mr. Naughten: In light of the funding they quently, assist the industry in improving received by the colleague of the Minister of State efficiency and competitiveness and, in so doing, at the Department of Agriculture and Food not only strengthen primary processing but also through the national development plan and in the underpin agricultural incomes. budget, surely a national scheme could be intro- As regards the operation of weighing scales, I duced to get over this issue until REPS 4 becomes would point out that officials of the Department available. We are talking about a small number of carry out regular inspections of meat plants to people but they should not be left high and dry. ensure that weighing equipment is operating efficiently and that weighing procedures are Ms M. Wallace: It would take far longer to do being correctly carried out in a consistent man- what the Deputy suggests than engage in the pro- ner. In some meat plants, farmers have a clear cess we are going through at the moment. There view of the scales read-out where the plant has will be a meeting next week. The Minister has installed a special viewing area specifically for raised the specific issues and we do not anticipate this purpose. In some instances it might not be problems regarding REPS 4 — we are doing all practical for the meat plant to install a viewing we can to progress it. Meetings have been under- area because of building design. In such cases it taken with the Commission on this matter and would be a matter for the plant to decide, taking further meetings are planned. account of hygiene and health and safety con- cerns, whether a farmer would be permitted Mr. Naughten: The Minister of State is doing access to the scales area during processing of his her best to announce it before the election. or her animals. Last year 94% of all beef produced was Ms M. Wallace: It is a great scheme and there exported and this amounts to 516,000 tonnes. will be more money for everybody. There will be better environmental returns and great choices Mr. Naughten: Is the Minister of State saying and options. The scheme will be open to intensive that there is to be a U-turn in February on the 1537 Leaders’ 6 February 2007. Questions 1538 commitment given by the Minister for Agri- services in Carlow-Kilkenny; (8) Deputy Cowley culture and Food before Christmas or is the — to ask the Minister if she will carry out an Department seriously considering providing urgent review of the delivering equality of oppor- viewing facilities for farmers as part of the \50 tunity in schools, DEIS, scheme situation for nine million meat processing development budget as Mayo schools which will be affected and if she indicated by the Minister? The difficulty with will agree that this is an inequitable situation and weights is the Department of Agriculture and is not in the spirit of helping the disadvantaged, Food cannot legally take a prosecution if there is and if she will confirm the affected Mayo second- an anomaly with them. Is it the case that officials ary schools will be reviewed immediately, with in the Department of Agriculture and Food funding guaranteed to avoid disastrous con- cannot take a prosecution because, owing to sequences for the affected students; (9) Deputy industrial action, officials in the Department of Cooper-Flynn — that the Da´il notes with concern Enterprise, Trade and Employment are not calib- the escalating cost of energy supply, its effect on rating the scales on a regular basis. the competitiveness of Irish industry, the announcement of further impending increases in Mr. B. Smith: The Metrology Act 1996 covers 2007 and the need to protect Irish jobs by bring- the last issues raised by Deputy Naughten, and ing energy costs back into line with those Enterprise Ireland will shortly announce the obtaining in competitor countries; (10) Deputy details of the major investment programme which Caoimhghı´nO´ Caola´in — the need for the Irish will trigger a total investment of \120 million in and British Governments to work together to this sector. Companies may apply for grant aid to combat the threat to human health and the Irish make their businesses more competitive and poultry industry from the H5N1 virus outbreak create greater efficiencies which will be for the in England; (11) Deputy Neville — A Vision in benefit of the farming community. Hindsight: One year progress report of a vision for change by the Irish Psychiatric Association; Mr. Naughten: Another U-turn. (12) Deputy Ferris — the proposed amalgama- tion of Scoil Mhuire de Lourdes — Roll No. Mr. B. Smith: There has been no U-turn. 10975B — and Scoil Mhuire Gan Sma´l — Roll No, 18084I — Lixnaw, County Kerry; and (13) Mr. Durkan: Things are in reverse gear. Deputy Fiona O’Malley — on this the Inter- national Awareness Day against Female Genital Mary Coughlan: We are in fifth gear. Mutilation, to discuss means to protect against its progression in Ireland. Written Answers follow Adjournment Debate. The matters raised by Deputies Neville, Fiona O’Malley, O´ Caola´in and O´ Fearghaı´l have been Adjournment Debate Matters. selected for discussion. An Ceann Comhairle: I wish to advise the Leaders’ Questions. House of the following matters in respect of which notice has been given under Standing Mr. Kenny: Since I raised the issue last week Order 21 and the name of the Member in each of operations being cancelled in St. James’s case: (1) Deputy McHugh — the need to provide Hospital my office has been inundated with the a new national school in Aughrim, Ballinasloe, reflections of people all over the country on other County Galway, to replace the existing St. operations being cancelled. It must be very dis- Catherine’s national school; (2) Deputy Gormley piriting for professionals to work in the health — improving the quality of maternity services services given the present position. which are under enormous strain; (3) Deputy O´ Ten years have passed, \60 billion of taxpayers’ Fearghaı´l — the need to expedite the design and money has been spent on the health service, there construction of a new waste water treatment have been three Ministers for Health and Chil- facility for Kildare town; (4) Deputy Burton — dren and the Government still does not seem to the need for the Minister to provide extra langu- realise that there is a serious shortage of acute age resource teachers in schools to cater for those beds in the country. Last week the Taoiseach said with limited or no understanding of the English there will always be waiting lists and the Ta´naiste language; (5) Deputy Gogarty — the need for the and Minister for Justice, Equality and Law Government to purchase the lands at St Reform, Deputy McDowell, said this is a manu- Edmundsbury-Woodville or to extend the special factured crisis, with people in white coats showing amenity area order as far as the Lucan Road so concern, and that the Government will not be that these lands can be preserved intact for future directed by such a situation. Last week it was St. generations, preferably as part of a Liffey Valley James’s Hospital that was involved and this week national or regional park; (6) Deputy Deenihan it is the Mater Hospital. — the urgent matter of the collapse of Ballina- BreastCheck was first rolled out in 2000 and gare Bridge, Lixnaw, County Kerry; (7) Deputy there was a specific guarantee that six beds in the McGuinness — the urgent need for orthodontic Mater Hospital would be left aside specifically for 1539 Leaders’ 6 February 2007. Questions 1540

[Mr. Kenny.] year. There was no screening programme at all women who required urgent medical attention until a few years ago. We are investing in new for cancer and that they would receive intensive cancer treatments and we have guaranteed capi- treatment from specialists within three weeks. I tal funding, including PPP funding, of over \400 understand those six beds are no longer available million for the radiotherapy network. The HSE to women who need urgent medical attention for will implement the programme over the coming cancer, which is appalling. The guarantee of six years; it cannot be done all at once. beds no longer applies because the figures for The new linear accelerators are being installed accident and emergency units are being mass- in St. Luke’s hospital and new facilities are being aged. It is all about the trolley count. It is either built at Beaumont and St. James’s Hospitals. a question of saving face or saving lives and in Patients are being treated in Limerick, services this case it appears the Government is more will be offered in Waterford Hospital, which is interested in saving face. Will the Taoiseach tell linked to the private hospital in Waterford, and the House that the six beds guaranteed to be ring- there is capacity in Cork and Galway. Patients in fenced for women who require urgent medical Donegal are being offered treatment in Belfast attention for cancer will be restored forthwith? and there are also arrangements with Galway. All those services are in operation. I have no inten- The Taoiseach: The Deputy raised two ques- tion of saying during Leaders’ Questions that if tions but I believe I answered the one on beds any hospital has a certain number of beds linked last week. In addition to the HSE’s own beds, the to anything, or to consultants, those beds should number of beds contracted by it this year have a certain configuration. amounts to approximately 1,300. Some 360 beds are being made available through the private sec- Mr. Kenny: Facts are one thing, statistics are tor, including 220 in the greater Dublin area, 100 another and human lives are yet another. The in the south and 40 in the western region. Taoiseach read out a list of facts and figures. I Another 1,050 have been taken from the other said we have spent \60 billion in the past ten sectors. The plan of the Minister for Health and years under three Ministers for Health and Chil- Children is to take approximately 1,000 beds out dren. The Taoiseach has not addressed the of “cohabiting” hospitals — private hospitals. human side of any aspect of this matter, bearing Progress is being made on all these issues, as I in mind that 40,000 operations have been can- explained at some length last week. Deputy celled and 29,000 people are still on waiting lists. Kenny does not want to acknowledge the enor- There seems to be no understanding any more of mous increase in numbers successfully achieved what is happening by members of the through the winter initiative in the accident and Government. emergency system. There has been a huge In 1997, Fianna Fa´il promised the full imple- reduction in respect of the accident and emer- mentation of the national cancer strategy, includ- gency waiting list. In October, there was a ing the creation of centres of excellence in reduction of over 30%, as was the case in Dublin, Cork and Galway and eight regional November. In December and January, there were centres. Ten years on, the programme is not even reductions of 50% and 57%, respectively. The half way towards completion. time people have been waiting has reduced In 2001, the Government promised in the dramatically. national health strategy that programmes for bre- I know about the St. James’s Hospital issue and ast and cervical cancer screening would be what arose therefrom, as Deputy Kenny probably extended nationally. Six years later, women, prin- does also. I acknowledge the pressures on staff in cipally, are discriminated against in the provision hospitals at this time of the year and also the of the service. More recently, a report on radi- work they do. ation oncology, produced by the HSE and We have invested enormously in cancer remarked upon by one of its officials, clearly services. Many thousands more people have stated the objectives in this area are unachievable received cancer care. There have been over in the timeframe set out. 40,000 more inpatient treatments and 55,000 The joint report, published in 2001, concludes more day care cases. The waiting lists for cancer that critically ill adults and children are routinely treatment of all kinds have dramatically denied intensive care services in Ireland. It states improved in the past decade. We have over 300 that the cancellation of major surgery and prema- cancer specialist posts and we are building cancer ture discharge are routine and that these practices services under the new cancer control strategy of are known to increase patient mortality. Never- last year, which was welcomed by everybody. theless, in the wake of three Ministers for Health BreastCheck cancer screening does not rep- and Children, the Taoiseach tells us things are resent the emergency cancer process, as Deputy well. Kenny should know. BreastCheck is being rolled The “NBSP Women’s Charter”, which deals out nationally. We are preparing a cervical scre- with emergency cases of women suffering from ening programme, which is due to start later this breast cancer, lists the following aim: “To arrange 1541 Leaders’ 6 February 2007. Questions 1542 for you to be admitted for treatment by special- accelerator unit is working and it is being used by ised trained staff within three weeks of diag- the National Treatment Purchase Fund—— nosis”. It is an emergency when a woman finds a lump in her breast only to discover that a guaran- Mr. O’Shea: They are not in Waterford tee made nationally that six beds would be avail- Hospital. able in the Mater Hospital is no longer being hon- oured. It is all about the trolley count and saving The Taoiseach: They are in Waterford, in face. Very little of what the Taoiseach read refers Whitfield. to saving lives. It is about time that the Govern- ment, in its remaining 100 days before it is voted An Ceann Comhairle: Allow the Taoiseach to out of office, decided to focus on the real issues speak without interruption. that exist rather than having the Minister for Mr. O’Shea: They are not in Waterford Health and Children tell us that the crises are Hospital. manufactured by professional personnel in white coats who look concerned about the people who An Ceann Comhairle: Deputy O’Shea is not are dying. the leader of Fine Gael. The House will hear the Taoiseach, without interruption. Deputies: Hear, hear. Ms Lynch: He is from Waterford and he Mr. Kehoe: Shame on the Government. knows. The Taoiseach: Deputy Kenny should at least Mr. Quinn: If I were the Taoiseach, I should research his facts. BreastCheck involves diagnos- not go there. tic work, mainly for women over 50. It is on a precautionary and preventative basis that it is The Taoiseach: If he knows, he was at the being rolled out. Deputy Kenny may refer to the opening with me, where we went down and saw charter but I launched the programme and am the accelerators. well aware of it. Mr. O’Shea: That is a private hospital. (Interruptions). The Taoiseach: I am talking about the Whit- Mr. J. O’Keeffe: He launched a thousand field Clinic, and there is a contract—— policies. Mr. O’Shea: It is not Waterford hospital. Mr. P. McGrath: He could have implemented it if he launched it. The Taoiseach: It is the Whitfield Clinic, which has a contract with the HSE, where women in Mr. J. O’Keeffe: “Bertie of Troy”. the south east and other parts of the country are receiving radiotherapy treatments on this day. Is Mr. Rabbitte: He launched more programmes that not true? than Cleopatra. Mr. D. Ahern: They are not listening. An Ceann Comhairle: Allow the Taoiseach without interruption. An Ceann Comhairle: The Taoiseach is reply- ing to Deputy Kenny’s question. The Taoiseach: That is what BreastCheck is and screening is being rolled out around the The Taoiseach: Is it not true that when I was country. there Deputy O’Shea and others said they would The treatment work is such that it is necessary see whether there was a contract signed with the to admit certain people on an inpatient basis or HSE for public patients? Is it not true that this to have them attend for further screening, tests, has been done and delivered and that one of the surgery or operations. Deputy Kenny confused best services in the country is in his constituency, the two areas. and that I played a part in that?

Mr. Durkan: Incredible. Deputies: Hear, hear.

The Taoiseach: The Deputy is correct that it Mr. O’Shea: It is not in Waterford hospital. has been said recently that the work cannot be completed by 2011. I cannot accept and have not Mr. D. Ahern: The Deputy should be serious accepted that additional time is needed to com- about it. plete the work. The radiotherapy hospitals in Waterford The Taoiseach: As regards the services I accept hospital, which only came on stream two years Deputy Kenny’s point that their roll-out in the ago, are fully built and operational. The second private sector, as in the Whitfield Clinic and in 1543 Leaders’ 6 February 2007. Questions 1544

[The Taoiseach.] on behalf of the auctioneers, a gentleman called Limerick, can be done at enormous speed. To say Mr. Fintan McNamara told the Irish Independent: at the start of 2007 that they cannot achieve a During the course of the boom it was very strategy by 2011 is just not acceptable. Given the huge resources and the staff they have been very easy to sell properties. Agents very often given, they should be able to do it by 2009. I do were just facilitators in the sale process. Now, not accept that and I have said so to the Minister however, as the market cools, agents are going for Health and Children, who in turn has to have to use their marketing skills and there repeated it. will be a lot more work involved. As regards the consultant posts and Will the Taoiseach permit a situation where, for BreastCheck in particular, the cancer screening example, the cost of the buying and selling pro- programme is being rolled out nationally this cess of an average house will rise from \5,250 to year. \7,000, on top of all the other charges young people have to pay? I do not recall auctioneers Dr. Cowley: What about cervical screening? reducing their commissions when prices were going up. It seems the same amount of selling is An Ceann Comhairle: I ask Deputy Cowley to involved whether the property is \1 million or is allow the Taoiseach, without interruption. an averaged price house. Houses went up by 12% and commercial property values rose in double Mr. D. Ahern: He is still getting the GMS. digits. I do not need to tell the Taoiseach how fraught and harrowing the business of buying a The Taoiseach: In reply to Deputy Kenny, we home is. How is it that his Government, however, are preparing a cervical screening programme will defend and protect the interests of devel- which will start later this year. It was not the case opers and anybody with money but not those of that we have not got a programme. There was no young people who are trying to buy a home? Why programme a few years ago. As regards the staff is the Taoiseach not calling in the Competition involved now, there are 110 new specialist posts Authority to deal with this issue? Why is he not in cancer treatment, giving 300 new cancer bringing forward the Bill that has been promised specialist posts. There is a cancer control strategy. for five years, to regulate estate agents and auc- It is neither reasonable nor fair to say that in this tioneers who can do and charge what they like? area we have not put in an enormous amount of resources. There are cases, such as the one we We have seen the malpractices some of them are saw a few weeks ago that was highlighted by engaged in highlighted in recent times. RTE, where I accept somebody had not been seen for months. I have not seen the full facts as The Taoiseach: I will not defend, condone or regards the case, but that should not happen. It stand over developers, auctioneers or agents of will be interesting to follow it through, but I have any type who engage in this. Regulation of the not seen the full details. However, we put in the property services sector, which is vested in the screening processes and we are rolling them out. new property regulator services authority, as We have improved services and massively already outlined in the House in the last session reduced waiting lists. I am not going to do a bed by the Minister for Justice, Equality and Law count as regards the Mater or any other hospital, Reform, will license and regulate management but we are genuinely and honestly putting the agents, who are often the source of problems as resources in and we shall continue to do that. It regards service charges and accountability. We is not all finished. The final date was 2011, and I had this debate in the House in the autumn. Sub- accept that. However, we have improved the ject to checking, the heads of the Bill were passed services dramatically for diagnostic work, radio- before Christmas and the legislation has gone for therapy — which is not fully completed, I admit, drafting. Issues that relate to local authority plan- but the programme is in place — and elective ning conditions, estates being taken in charge etc. work. Matters have improved dramatically. I are covered in that legislation. Changes are to be come across people on waiting lists too. However, made in company law to help avoid problems services, which were never in place hitherto have such as failure in any of these areas, including been resourced and enhanced around the what the legislation was particularly meant to country. deal with, namely, management companies. It was also intended to include all the other areas. Mr. Rabbitte: Let the record show that I meant The Office of the Director of Corporate Enforce- Helen of Troy. I was always beguiled by Liz ment has issued guidelines in the last few days as Taylor. regards the governance of these types of compan- Will the Taoiseach respond to recent news- ies which will help control the management of the paper statements to the effect that estate agents companies. The report points to certain measures and auctioneers propose to increase their fees by that should be taken as regards matters such as 33% as a result of the apparent slowdown of price charges, dealing, agents, contracts and manage- acceleration in the housing market? Specifically ment company structures. 1545 Leaders’ 6 February 2007. Questions 1546

Perhaps the Office of the Director of Corpor- Mr. Rabbitte: A very eminent Member of the ate Enforcement cannot do much about the legal other House wrote an article recently about how end. However, to answer the Deputy’s question, to become a member of the auctioneers’ associ- the heads of the property regulator services auth- ation. He is now trading, although I do not know ority legislation have been drafted and are if he is doing any business. He says that as long designed to deal with the point the Deputy has as one pays a bond of \12,700 and one does not raised. There is also—— have a police record, one can start out as an auc- tioneer. In his article, he states: Mr. O’Dowd: Let us move on to the next hope. Today I can advertise as an auctioneer; I can The Taoiseach: We have already got the heads buy and sell houses for commission; I can of the Bill in place. In terms of the matter raised advise on guide prices; I can conduct auctions by Deputy Rabbitte, it is the seller who pays the galore; I can gazump until the cows come auctioneer, not the buyer. For once I agree with home. Best of all, I can take in buckets of him that there is no argument whatsoever to be money from a gullible public. I am not subject made or any justifiable case for auctioneers to to the prying inspections of the financial regu- have any increase, having worked on the basis of lator, the Central Bank, any fig-leaf of an auc- 30,000 to 35,000 a year, while they are now selling tioneers’ body — or anyone else. in the range of 94,000 and that figure might drop to 88,000. There is a process involving the Com- An Ceann Comhairle: The Deputy’s time has petition Authority where one can get an auction- concluded. eer’s licence. It may be a bit cumbersome, but it must be regulated. The only way to deal with it Mr. Rabbitte: That is the actual situation. is by having more competition. There is no regulation and there is no licensing. Deputy Rabbitte asked me why I would con- Judging from what the Taoiseach has said, he has done this sort of thing. We are not condoning it. no intention of sending the Competition Auth- The heads of the property services regulatory ority after these guys. This is a disgrace. After all authority Bill went before the Government the money that has been creamed off in the last before Christmas. This Bill will licence and regu- 15 years, they are threatening to put up fees by late management agents, who are the source of 33% because the price of houses will not rise at these problems. That will hopefully help the the same rate as they have in the last ten years. costs. It is an outrage and the Government needs to act on it, rather than talking about planning and Mr. Rabbitte: Of all the rambling, meandering, development conditions, management companies irrelevant answers that the Taoiseach has ever and any other sand the Taoiseach thinks he can given in the House, that is the worst of them. throw in the eyes of the public.

Mr. Durkan: First prize. An Ceann Comhairle: I ask the Deputy to give way to the Taoiseach. The Taoiseach: The Deputy does not want me to legislate. Mr. F. McGrath: Do not buy a house from Senator Ross. Mr. Rabbitte: The Bill to deal with manage- ment companies, which we have raised on these The Taoiseach: If I give a long answer, the benches so many times, has got absolutely Deputy gets confused, so I will give a short nothing to do with the Taoiseach’s friends in the answer. auctioneering business. A Bill has been promised by the Minister for Justice, Equality and Law (Interruptions). Reform for five years to deal with the regulation and licensing of auctioneers. There is no sign of An Ceann Comhairle: Allow the Taoiseach to it and no prospect of it coming before this House. continue without interruption please. The Taoiseach saw the excellent “Prime Time” programme which exposed the practices that are The Taoiseach: I said to Deputy Rabbitte that going on in the industry, such as the practice of the heads of the property services regulatory inventing bids and ghost bidders which put up the authority Billwere published before Christmas. prices. The Taoiseach will have to point out to The Bill will be responsible for auctioneers, estate me the person who sells a home but who does not agencies and management agencies. That is pre- have to buy a home. Where I live, anybody who cisely the issue that the Deputy raised today. The sells a home must buy a home, so I do not know Minister for Justice, Equality and Law Reform what point the Taoiseach is making. set up a working group on the regulation of auc- tioneers. I understand that was a public group An Ceann Comhairle: The Deputy’s time has and the Labour Party made no submission to it. concluded. Under current competition rules, auctioneers are 1547 Leaders’ 6 February 2007. Questions 1548

[The Taoiseach.] soaked from ordinary people who have been not allowed to fix fees, so it is not the case that double taxed as they feel they must have private they can do anything, as the eminent Member of insurance due to the Government’s failure to the Upper House suggested. I thought Senator provide a just and equal health service. Ross was in another profession, but maybe he is The owners of Quinn Direct may know a lot an auctioneer as well. Auctioneers usually about mixing concrete but nothing about health arrange fees in agreement with the public, but care, yet they think they can walk away over the under competition rules they are not allowed to next three years with another \100 million. A fix fees. If Deputy Rabbitte thinks they are measure of the contempt which they have for the involved in that, they are breaking competition old, the sick and the handicapped can be seen in rules. one of today’s newspapers, in which they suggest It is inevitable that things move up and down that some of the VHI clients could be transferred as market forces come into play. If the houses are to them. A few old people can be thrown to them not being sold, auctioneers will not have the staff. to cover their backs and everything will be all We have proposed legislation and we have pub- right, as if our elderly patients were sacks of lished the heads of a Bill that is responsible for cement to be offloaded from one pick-up truck auctioneers and agents. The working group of the to another. Ta´naiste and Minister for Justice, Equality and What is the Government’s position on this Law Reform will examine and regulate auction- debacle? Did the Cabinet discuss this issue this eers and it is still in operation. Under competition morning? Will we have emergency legislation to rules, they are not allowed to fix fees. curb the greed of these private profiteers who are determined to trash any concept of equality in the Mr. Rabbitte: Where is the Bill on the list? health service? They are parasites because they are thriving on human necessity. What is the An Ceann Comhairle: The Taoiseach without Taoiseach’s position? interruption; there is no provision for a third sup- plementary question. The Taoiseach: I am not too sure what question the Deputy wants to ask me. If he wants the—— The Taoiseach: I commented on the manage- ment fees because that issue is also relevant. The Mr. J. Higgins: The question is very simple. I Bill will protect management companies that also can help the Taoiseach. affect young people, which was a part of these proposals. An Ceann Comhairle: Please allow the Taoiseach to answer. Mr. J. Higgins: Is the Government taking any emergency measures to rescue half of the popu- Mr. J. Higgins: He is not sure. lation of this State from the shocking debacle that the Taoiseach has allowed to develop in the area An Ceann Comhairle: We are two minutes of private health insurance? Is there the slightest over time. hint of embarrassment in his Government that the policy of privatisation he has pursued for ten Mr. J. Higgins: I could not be clearer. years has, in this particular instance, become a monster that is stalking the health needs of our An Ceann Comhairle: Please allow the people, thirsting for the maximisation of profit, Taoiseach to continue without interruption. threatening further sharp increases in the double Mr. J. Higgins: Will the Taoiseach introduce tax known as private health insurance and threat- emergency legislation to stop speculators walking ening to end the concept of community rating? all over ordinary people who wish to retain their The Minister for Health and Children was private health insurance? warned last July that speculators could drive a coach and six through the legislation in this area, Mr. Brennan: The Deputy wants to let 300 that big snouts were lining themselves up at the jobs go. trough to organise another smash and grab raid for a further three years, and then walk away with Mr. J. Higgins: Will he ensure speculators will the proceeds. Why was there not an immediate not walk away with a fortune, while smashing the response from the Minister for Health and Chil- concept of community rating? dren and from the Government? The Quinn Direct-BUPA Ireland wolf is not just at the door, Mr. N. Dempsey: That was a second question. but in the bed masquerading as a newborn babe. The Minister, Deputy Harney, is standing by like The Taoiseach: The Health Insurance Act 1994 a bemused Little Red Riding Hood, saying “Oh and the Health Insurance (Amendment) Act Mr. Quinn, what big teeth you have, what a big 2003 provide for the regulations, whereby new appetite for profits, tut tut”. Meanwhile, BUPA entrants can participate in the health insurance has walked away with up to \100 million in profit, sector. The Government wants to see Quinn 1549 Leaders’ 6 February 2007. Questions 1550

Direct’s proposals which will be examined by the Does the Taoiseach agree that ordinary work- Irish Financial Services Regulatory Authority. ing people who pay massive amounts of taxation We will have to see the arrangements in the con- should not feel pressurised to take out private tract drawn up when Quinn Direct purchased health insurance? They are under such pressure BUPA Ireland before we can make a decision. because the Government is incapable of provid- We are taking legal advice on how we should ing a health service in which they can be seen handle the position. We have to consider the immediately and efficiently. I ask the Taoiseach employment position and take into account again to tell the House, on foot of the advice BUPA’s 400,000 policyholders. We have to see given to the Cabinet this morning, what the most the structure that Quinn Direct will have for its likely outcome to this problem is. Will Quinn new corporate entity. The Barrington group has Direct be given a three-year period of grace, after been examining the proposals and the case made which some other so-called entrepreneur will be by a number of insurance companies, including able to move into the health insurance field in its VHI Healthcare. The Government hopes to com- place and walk away with another fortune? What plete this process as quickly as it can. The first will the Taoiseach do to stop this scandal? issue we will have to examine is that of the The Taoiseach: A number of important issues arrangement of the new corporate entity. We will arise in this regard. The 400,000 who use BUPA have to consider how it fits in with the 1994 and Ireland’s service want to continue to avail of 2003 Acts. It may be outside the scope of the Acts private health insurance and have their policies — it may not have been foreseen by them. While protected. We should consider the staff of BUPA that is what it looks like, we cannot be sure until Ireland and the position of VHI Healthcare we know the full position. For example, we will which expects to receive resources from the have to see the application that Quinn Direct will private health insurance operators under existing make to the Irish Financial Services Regulatory legislation which did not envisage the circum- Authority and the Health Insurance Authority. stances which have arisen. We will have to wait We cannot be certain until then. We will have to see what form the new corporate entity will to deal with a number of important issues. We take. It appears, on the face of it, that the under- discussed the matter earlier today. We have had writing company has been dealt with in a differ- a number of meetings. The Health Insurance ent way. It seems that it is outside the scope of Authority is also examining the issue. We will the legislation. We will have to take legal advice have to try to make some early decisions on it. on how to handle this. We will need to see whether Quinn Direct gets a licence from the Mr. J. Higgins: Why has this matter been left Irish Financial Services Regulatory Authority and until the eleventh hour, when the damage may the Health Insurance Authority. We will need to well already have been done? Why did the take account of the positions of the other private Government not react immediately when the health insurance companies such as VHI issue was flagged last July? It is clear that there Healthcare. The Barrington group which is is no urgency on this issue. Such negligence of already looking at that issue has been taking the highest kind reflects the Government’s bias account of—— in favour of those who see the human and health needs of people simply as a cold marketplace in Mr. J. Higgins: It has been doing so since last which business can be conducted and profit July. made. The big business interests which are mov- ing into the health care sector for private profit The Taoiseach: Actually, it has not been doing — I refer to speculators and beef barons, etc. — it since last July. The first I heard about Quinn do not take the Minister for Health and Children, Direct taking over was in the House last Deputy Harney, seriously in any sense as a Wednesday. It only came into the equation a few days before that, as I understand it. I did not defender of public health. Why should they, given know of its interest until last Wednesday. I have that she is robbing land from public hospitals and no brief for Quinn Direct which employs 6,500 giving it to private hospitals and then lecturing people. I do not know if it is right for Deputy the consultants because they want to moonlight Higgins to feel it necessary to describe a company in those private hospitals? How can they take her which employs 6,500 people in the economy as seriously in such circumstances? Community rat- the beast at the trough, or the wolf at the trough. ing is based on a concept of equality among It is disrespectful to describe the company, for human beings, but the Minister represents a party which I have no brief, in such a manner. which promotes inequality. I refer to the Pro- gressive Democrats, which advocates a system Deputies: Hear, hear. “red in tooth and claw”. The Minister is on the same wavelength as those who are poised to The Taoiseach: We have to resolve some issues make a killing on foot of people’s private health relating to the Health Insurance Act. The insurance needs. Attorney General is examining the matter and we 1551 Order of 6 February 2007. Business 1552

[The Taoiseach.] human health and the Irish poultry industry from are getting some outside advice. I do not think the H5N1 virus outbreak in England. we can resolve the matter before the ongoing work of the Barrington group has been com- Mr. Cuffe: I seek the adjournment of the Da´il pleted. We need to examine precisely how Quinn under Standing Order 31 to discuss the following Direct intends to compose its corporate entity. important matter, the Government’s ostrich-like We have to deal with such issues and will do so. stance and failure to reduce our greenhouse gas I do not think the matter can be dealt with in the emissions in line with our Kyoto Protocol com- next day or two. I do not want somebody to think mitments which have resulted in the reported 2% it can be resolved tomorrow. It is likely that rise in Ireland’s greenhouse gas emissions, the Quinn Direct will not apply for an IFSRA licence largest rise in our emissions since 2001, giving this for some time. The Health Insurance Authority country one of the highest rates of emissions per will have to deal with such an application. The head of population in the world. report of the Barrington commission is not due until next month. An Ceann Comhairle: Having given the matters raised full consideration, I do not con- Requests to move Adjournment of Da´il under sider them to be in order under Standing Order Standing Order 31. 31. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a Order of Business. number of notices under Standing Order 31. The Taoiseach: It is proposed to take No. 14, motion re withdrawal of Comhairle Dr. Cowley: I seek the adjournment of the Da´il (Amendment) Bill 2004; No. 15, motion re under Standing Order 31 to raise a matter of referral to select committee of proposed approval major national and local importance, namely, the by Da´il E´ ireann of agreements between the fact that while drift net fishermen in north-east European Communities and the Republic of England were given £70,000 a number of years Albania and the Republic of Tajikistan; No. 16, ago as part of a buy-out agreed in the interests of motion re technical amendments to Standing salmon conservation, and £110,000 is being Orders; No. 4, Finance Bill 2007 — Order for offered to the remaining drift net fishermen there Second Stage and Second Stage; No. 22, Foyle as part of a further buy-out, just \2,000 is being and Carlingford Fisheries Bill 2006 — Order for offered to Ireland’s 850 drift net fishermen as part Report, Report and Final Stages. It is proposed, of a similar buy-out. They are being offered \23 notwithstanding anything in Standing Orders, for each salmon caught in the last five years. A that the Da´il shall sit later than 8.30 p.m. and quota reduction of 75% is already operating. No business shall be interrupted not later than 10 provision has been made for the drift net crew p.m.; Nos. 14, 15 and 16 shall be decided without and no other option is being considered for them. debate; Private Members’ Business which shall be We need to consider whether this is equitable, No. 71, motion re health service reform, shall be considering the devastating effect it will have on taken for 90 minutes at 7 p.m. or on the con- the fishermen and their families in rural areas for clusion of the opening speeches on No. 4, which- the rest of their lives. ever is the later; the Report and Final Stages of No. 22 shall be taken on the adjournment of Dr. Upton: I seek the adjournment of the Da´il PrivateMembers’ Business tonight and the pro- under Standing Order 31 to raise a specific and ceedings thereon shall, if not previously con- important matter of public interest requiring cluded, be brought to a conclusion at 10 p.m. by urgent attention, namely, the serious one question which shall be put from the Chair implications for the Irish poultry 5 o’clock and which shall, with regard to amendments, industry and human health of the dis- include only those set down or accepted by the covery in England of an outbreak of the H5N1 strain of avian flu which has led to the slaughter Minister for Communications, Marine and of almost 160,000 turkeys at a farm in Suffolk, Natural Resources, and the order shall not and the need for the Minister for Agriculture and resume thereafter. Food to outline the steps she has taken or plans to take to prevent the spread of the virus to this An Ceann Comhairle: There are four proposals country. to be put to the House. Is the proposal for the late sitting agreed to? Agreed. Is the proposal for Caoimhghı´nO´ Caola´in: I seek the adjournment dealing with Nos. 14, 15 and 16, without debate, of the Da´il under Standing Order 31 to address agreed to? the urgent need for the Minister for Agriculture and Food to undertake additional measures, Mr. Rabbitte: I raised this matter with the including banning the import of all poultry and Ta´naiste last Thursday, when two Bills were to be poultry products into Ireland, in conjunction with withdrawn, the Comhairle (Amendment) Bill and the British Government to combat the threat to the Money Advice and Budgeting Service Bill, 1553 Order of 6 February 2007. Business 1554 which would assist very poor people in getting the proposal for dealing with No. 22 agreed to? access to credit and money advice. There is now Agreed. only one Bill to be withdrawn, although there were two on Thursday. Why is that? Overworked Mr. Kenny: On the previous list of Bills, the journalists have not had an opportunity to follow Pharmacy (No. 1) Bill and the Pharmacy (No. 2) up on the weekend commitments of the Minister Bill were listed together. I note it is intended to for Social and Family Affairs to cap interest rates publish the Pharmacy (No. 1) Bill but the second over a period. No doubt one of these days some- Bill is not yet approved. There is concern about body will find out why we are not capping interest patient safety, compliance with European law and rates and I suspect the Minister for Finance will compliance with the health and medical laws of tell them. the State. Will the Pharmacy (No. 1) Bill deal Presumably, the Money Advice and Budgeting with those? Why has the No. 2 Bill been dropped Service Bill is being kept on the list for window from the list? dressing purposes. Although the Minister could We are due to discuss the Moriarty tribunal not express acute enough concern about the report next Wednesday. Will there be an oppor- plight of poor people before Christmas, he is not tunity for questions and answers at the end of the at all upset now. This Bill is left on the list for series of statements? Some Members might wish blatant window dressing purposes. Is it not the to raise questions and the Taoiseach or somebody case that nothing will be brought forward in the else might wish to give answers. I have asked lifetime of this Government to help unfortunate questions a number of times about the Harris poor people who are in the grip of moneylenders report but there is still no indication that it will and who cannot access credit in the normal way? be debated in the House. The report, which was translated at a cost of \16,000, deals with the Caoimhghı´nO´ Caola´in: I refer to No. 16. It is decline of the Irish language in primary schools. not the difficulty with regard to the specific No. 38 on the list is the Education Ireland Bill, amendments and the transfer of additional which deals with the teaching of English to powers to the Houses of the Oireachtas Com- foreign students here. I visited a school in Dublin mission but the importance, when such matters West last week. The school has 150 children who come before the House, of highlighting the fact require support teaching in English but, due to that the Houses of the Oireachtas Commission is the inflexibility of the Department of Education not representative of all opinion in this Chamber. and Science, there are only two language support There are no places for Members of the compon- teachers. There is an all round drop in reading ent parts of the Technical Group. This continues skills as a consequence. to create a degree of vexation and must be The Taoiseach: The last Bill mentioned by the addressed. If additional powers are to be trans- Deputy is due to be introduced during the year. ferred to the Houses of the Oireachtas Com- The Pharmacy (No. 1) Bill, to provide for fitness mission, the first thing to be done is to try to to practise regulations and so forth, covers the make it representative of all strands of opinion in removal of restrictions on pharmacists educated the Chamber. in other EEA countries from managing or super- vising a pharmacy in this country that is less than The Taoiseach: No. 16 has been agreed by the three years old. The Bill covers issues relating to Committee on Procedure and Privileges. The the European Union, EEA countries, the phar- Comhairle (Amendment) Bill is being withdrawn macy review group and the fitness to practise because the Citizens Information Bill has been rules and should be before the House in this passed and is now before the Seanad. The Money session. The heads are completed and the Bill is Advice and Budgeting Service Bill has been on almost drafted. The second Bill was to provide the list for the last five years—— for regulatory services and other issues in the pharmacy review group report. I do not know if Mr. Rabbitte: It will be there for the next five. the two are being combined, and I do not have a date for the second Bill. Most of the big issues, The Taoiseach: ——but the Minister for Social however, are dealt with in the first Bill, although and Family Affairs has updated and changed the probably not all of them. structure of the Bill and a different Bill will be The Moriarty tribunal report is a report to the brought forward. That Bill is being left on the list House. There is no Minister responsible for until the Minister brings forward the other Bill. answering questions on it.

Mr. Rabbitte: He is certainly concerned about Mr. Kenny: The Taoiseach might want to it. loosen up.

An Ceann Comhairle: Is the proposal agreed The Taoiseach: I went down and gave my good to? Agreed. Is the proposal for dealing with time to the eminent gentleman and I enjoyed it Private Members’ Business agreed to? Agreed. Is no end. That is over and done with and I will 1555 Order of 6 February 2007. Business 1556

[The Taoiseach.] I stated the Government’s position on the ref- not answer any more questions because I have erendum today. The Government has finalised its answered enough questions about signing blank position, subject to the Minister of State, Deputy cheques and I am not doing it any more. Brian Lenihan’s discussions. It would be ridicu- lous for the Government to sign off on it and then Mr. Kehoe: Will the Taoiseach say if he did it? have a consultation process. This would be the wrong procedure. We will wait for the discussions The Taoiseach: Did I sign blank cheques? I to take place before we come to a final position, signed loads of them for all kinds of organisations which is the only fair way to ask for meaningful and clubs for years. I have given it up now. consultation.

Mr. Durkan: These are changing times. Mr. Rabbitte: That is an important matter. The Taoiseach certainly left the impression that the The Taoiseach: It cost the State a fortune to Government had dealt with this matter today—— find me guilty. Deputy Kenny asked about a debate on the An Ceann Comhairle: We cannot discuss on Harris report and the Government has commit- the Order of Business what happened earlier dur- ted itself to such a debate. ing Question Time. The Deputy will have to find another way of raising the matter. Mr. Kenny: I am sure the Chief Whip will arrange the debate in due course. Mr. Rabbitte: Is it the position now that the Government is contemplating running an omni- Mr. Rabbitte: Will the Taoiseach say whether bus referendum in all probability before the the Minister for Health and Children was aware general election, but the text is not yet agreed or of the loophole that has been revealed regarding approved by Government? health insurance and new entrants? An Ceann Comhairle: That matter has been An Ceann Comhairle: This does not arise on discussed for 45 minutes today. the Order of Business. If the Deputy has a ques- The Taoiseach: I do not understand why tion, I suggest he submit it to the line Minister. Deputy Rabbitte is being so mischievous on this issue. I spent 45 minutes today explaining the Mr. Rabbitte: When will the promised amend- situation in what I regard as a fair and even- ing legislation be brought before the House? handed manner. The Government has completed The matter we have just discussed, the regu- its work. We would like this to be agreed on an lation and licensing of auctioneers and estate all-party basis. For the Government to sign off agents, is not on the schedule of promised legis- and publish its work would be to ignore the lation for the current session. Will that legislation Opposition and we will not do so. be brought before the House before the Govern- ment goes on pension? Mr. Stagg: That is what the Government nor- My third question is about the referendum. mally does. The Taoiseach informed me during Question Time that the Cabinet today considered this The Taoiseach: The Minister of State, Deputy matter and agreed the format, subject to consul- Brian Lenihan, is engaging with the parties and tation with the Opposition parties. My colleague, then we will see where we are. This is an entirely Deputy Howlin, has since been in touch with the reasonable position for us to hold and I did not Minister of State with responsibility for children give any other impression today as was reported who said that no wording has been agreed. I outside the House. would be obliged if the Taoiseach clarified the position. Mr. Sargent: Following the Ceann Comhairle’s ruling regarding Deputy Cuffe’s request under The Taoiseach: The property services regulat- Standing Order 31, where the Deputy tried to ory authority Bill is to provide for the establish- raise the subject of climate change, will the ment of the property services regulatory auth- Carbon Fund Bill be brought before the House ority to give full effect to the report of the for amendment any time soon, given that \270 auctioneering and estate agency review group. It million allocated for this purpose in the budget is on the list of promised legislation and it is due will not be adequate for carbon credits? It has this year. been estimated that \750 million will be needed. The voluntary health legislation is on the list. I have asked on previous occasions about this In reply to Deputy Joe Higgins, I stated that the matter. I am still not sure if the promised legis- Government is awaiting its legal advice on the lation giving effect to the recommendations of the various issues. I have no further word until the Kenny report on the affordability of building land process I outlined is completed. and proper planning is promised legislation as the 1557 Order of 6 February 2007. Business 1558

Taoiseach informed me during Question Time. In before the general election. It does not appear to the case of various pieces of legislation, the be coming on stream before the election. House has been informed that publication is expected but that it is not possible to indicate An Ceann Comhairle: We cannot have a when at this stage. This includes important legis- debate. lation such as that concerning the register of per- sons who are considered unsafe to work with chil- Mr. Durkan: I will be quick. dren and the crimes Bill and so forth. Legislation which the Taoiseach has informed me on a The Taoiseach: It will be brought forward this number of occasions is promised by the Govern- year. ment does not appear on the list of promised legislation. Is there another list that we should Mr. Durkan: I know it is this year but, in view be consulting? of the importance of the subject matter, would it be possible to bring it forward to the early part An Ceann Comhairle: The Deputy has made of this year? his point. I call the Taoiseach. The Postal Services Bill fell off the wagon. If it was thought necessary to have this Bill before the The Taoiseach: The Carbon Fund Bill is before House two years’ ago, what happened in the the House. meantime to render that Bill obsolete?

Mr. Sargent: It seems to be buried. Is it coming An Ceann Comhairle: We cannot have a back to the House? debate on the Bill.

An Ceann Comhairle: Please allow the Mr. Durkan: The Taoiseach can tell me. Taoiseach to answer the question. The Taoiseach: As the Deputy said, it fell off (Interruptions). the wagon.

The Taoiseach: I will send a note to the Deputy Mr. Durkan: It is not the only thing that might about that legislation. fall off the wagon.

Mr. Quinn: From our calculations, the An Ceann Comhairle: Please allow Deputy Taoiseach probably has between 22 and 25 legis- Upton to speak without interruption. lative days remaining before he leaves office. Is it his intention to tidy up legislation currently on Dr. Upton: A number of local authority tenants the Order Paper, specifically the Building Control are very anxious to purchase the flats in which Bill which is now on Report Stage and whose they are living. When will the social housing Bill return to this floor is a matter for the Chief Whip be published? and the Minister for the Environment, Heritage and Local Government? What is the current state The Taoiseach: The Bill is due in the early part of play? of this year, before the summer.

The Taoiseach: This legislation should be Ms Lynch: Does the summer mean May or finalised and I will ask that it is brought back to June? the House. The Taoiseach: The summer ends on 1 August. Caoimhghı´nO´ Caola´in: Against the backdrop of the very worrying decision about industrial Mr. Rabbitte: It will be published with the action made by nurses and midwives at the end MABS Bill. of last week, does the Taoiseach believe that the nurses and midwives Bill can be brought forward An Ceann Comhairle: Please allow Deputy and addressed before the dissolution of this Da´il? Broughan to speak without interruption. I think the Taoiseach will agree there is a great urgency to do so. Mr. Broughan: Is there any possibility of the Indecon report on offshore licensing terms being The Taoiseach: The Bill is due this year. available before the general election? I do not think it will be incorporated in the Finance Bill. Caoimhghı´nO´ Caola´in: This year. Who will When will the Stardust Victims and Relatives bring it in when the Government is gone? Committee be given a response from the Taoiseach on the substantive—— Mr. Durkan: I refer to two items of legislation. The minerals development Bill is to do with an An Ceann Comhairle: I suggest the Deputy important issue which should be cleared up submit a question on that matter. 1559 Amendments to Standing Orders: 6 February 2007. Motion 1560

Mr. Broughan: It is my only chance to talk to Amendments to Standing Orders: Motion. the Taoiseach on the substantive issue. Minister of State at the Department of the Taoiseach (Mr. Kitt): I move: An Ceann Comhairle: The Deputy should sub- mit a question on the issue. That, pursuant to Standing Order 97(1)(a), the Committee on Procedure and Privileges Mr. Broughan: On the substantive issue, will a recommends that the Standing Orders of Da´il response be given in the next few days? E´ ireann relative to Public Business are hereby amended as follows: The Taoiseach: As regards the Indecon report, I do not know the position. As far as I know, I (a) STANDING ORDER 18 — PRO- have dealt with the other issue. CEEDINGS, ORDER PAPER, JOURNAL OF PROCEEDINGS AND DOCU- Mr. Broughan: Members of the committee will MENTS-LANGUAGE: TRANSLATION be outside the gate again tomorrow. OF LAWS. In Standing Order 18, by the deletion of paragraph (3). The Taoiseach: As I understand the substantive (b) STANDING ORDER 81 — issue, my officials talked to its legal rep- POWERS OF SELECT COMMITTEES. In resentatives. Standing Order 81, by the substitution of the following paragraphs for paragraphs (8) and Comhairle (Amendment) Bill 2004: Motion. (9): Minister for Social and Family Affairs (Mr. ‘(8) power to engage, subject to the con- Brennan): I move: sent of the Houses of the Oireachtas Com- That, notwithstanding anything in Standing mission, the services of persons with Orders, the Comhairle (Amendment) Bill 2004 specialist or technical knowledge, to assist be withdrawn. it or any of its sub-Committees in con- sidering particular matters; and Question put and agreed to. (9) power to undertake travel, subject to— International Agreements: Referral to Select (a) such recommendations as may be Committee. made by the Working Group of Com- Minister of State at the Department of the mittee Chairmen under Standing Order Taoiseach (Mr. Kitt): I move: 98(2)(a); and That the proposal that Da´il E´ ireann (b) the consent of the Houses of the approves the terms of the: Oireachtas Commission, and normal accounting procedures.’. (i) Stabilisation and Association Agree- ment between the European Communities (c) STANDING ORDER 89 — and their Member States, of the one part, RESPONSIBILITY OF CHAIRMEN and the Republic of Albania, of the other FOR COMPLIANCE WITH RULES. By part, signed at Luxembourg on 12th June, the adoption of the following in substi- 2006, which was laid before Da´il E´ ireann on tution for Standing Order 89: 3rd November, 2006; and ‘89. The Chairman of every Standing, (ii) Partnership and Co-operation Agree- Select or Special Committee shall have ment establishing a Partnership between the responsibility for ensuring compliance European Communities and their Member by his or her Committee with such rules States, of the one part, and the Republic of governing proposed expenditure as may Tajikistan, of the other part, signed at be determined from time to time by the Luxembourg on 11th October 2004, which Houses of the Oireachtas Commission.’. ´ was laid before Da´il Eireann on 17th (d) STANDING ORDER 97 — COM- January, 2006, MITTEE ON PROCEDURE AND be referred to the Select Committee on Foreign PRIVILEGES. By the adoption of the fol- Affairs, in accordance with paragraph (1) of lowing in substitution for Standing Order the Orders of Reference of that Committee, 97: which, not later than 27th February, 2007, shall ‘97. (1) There shall stand established, send a message to the Da´il in the manner pre- following the reassembly of the Da´il scribed in Standing Order 85, and Standing subsequent to a General Election, a Order 84(2) shall accordingly apply. Standing committee, to be known as the Committee on Procedure and Privil- Question put and agreed to. eges, to— 1561 Amendments to Standing Orders: 6 February 2007. Motion 1562

(a) consider matters of procedure tee as the Committee may decide, up to generally and to recommend any a maximum of five members) and three additions or amendments to Standing shall constitute a quorum. The sub- Orders that may be deemed Committee shall perform the functions necessary, set out at paragraphs (1)(a), (1)(b), (1)(c) and (1)(e) of this Standing Order (b) without prejudice to the gener- and may report directly to the Da´il. ality of paragraph (a), oversee the procedure in Standing, Select and (4) (a) There shall stand established, Special Committees (as the case may following the reassembly of the Da´il be), whether by request from the rel- subsequent to a General Election, a sub- evant Committee or otherwise, and to Committee, which shall be called the examine, where appropriate, the role sub-Committee on Members’ Services, of Committees as they evolve, to perform the functions set out at para- graph (1)(d) of this Standing Order and (c) consider and report, as and which may report directly to the Da´il. when requested to do so, as to the privileges attaching to members, (b) The sub-Committee shall consist of eight members, at least one of whom (d) consider, if it deems it advis- shall be a member of the Committee, able, any matter relating to the con- and the quorum of the sub-Committee ditions or premises in which members shall be three. The Chairman of the sub- carry out their duties and which are Committee shall be a member of the not specifically referred to any other Committee. Committee, and (c) A member of the sub-Committee (e) make recommendations, who is unable to attend a particular whether by request or otherwise, to meeting of the sub-Committee may the Joint Committee on Broadcasting nominate another member to take part and Parliamentary information on the in the proceedings and vote in his or rules of coverage for the televising of her stead. proceedings of Da´il E´ ireann and its Committees [See Standing Order (5) The Committee shall consist of the 101(1)(b).] Ceann Comhairle, who ex officio shall be Chairman and who shall have only (2) The Committee shall have the fol- one vote, and seventeen other members; lowing powers: and eight shall constitute a quorum. In (a) power to appoint sub-Commit- the unavoidable absence of the Ceann tees as defined in Standing Order Comhairle, the Leas-Cheann Comhairle 81(3); may act as Chairman in his or her stead. The Committee shall be constituted so (b) power to engage consultants as as to be impartially representative of defined in Standing Order 81(8); the Da´il.’. (c) power to travel as defined in (e) STANDING ORDER 98 — Standing Order 81(9) (other than sub- WORKING GROUP OF COMMITTEE paragraph (a) thereof); CHAIRMEN. (d) power to print and publish (i) By the substitution of the following reports and to authorise sub-Commit- paragraph for paragraph (2)(a)of tees to report directly to the Da´il as Standing Order 98: defined in Standing Order 84(1); and ‘(2) (a) apportionment of monies (e) power to act on behalf of Da´il available to Committees for con- E´ ireann and members of Da´il E´ ireann sultancy and travel, subject to the con- in relation to any legal proceedings or sent of the Houses of the Oireachtas other public hearing or inquiry. Commission;’. (3) There shall stand established, fol- (ii) By the substitution of the follow- lowing the reassembly of the Da´il sub- ing paragraph for paragraph (3) of sequent to a General Election, a sub- Standing Order 98: Committee, which shall be called the sub-Committee on Da´il Reform, and ‘(3) The Working Group may, sub- shall consist of the Party Whips who are ject to the provisions of the Staff of members of the Committee (or if they the Houses of the Oireachtas Act, number less than five, the Party Whips 1959, and the consent of the Houses and such other members of the Commit- of the Oireachtas Commission, also 1563 Finance Bill 2007: 6 February 2007. Order for Second Stage 1564

[Mr. Kitt.] (2) The Joint Committee shall be make recommendations on any responsible for:— matter relevant to the provision of (a) developing facilities to enable services to Committees falling within the general public to access live cover- its remit.’. age of parliamentary proceedings; and (f) STANDING ORDER 100 — JOINT (b) the development of radio HOUSE SERVICES COMMITTEE. In facilities. paragraph (1) of Standing Order 100, by the substitution of the following subparag- (3) The Joint Committee shall moni- raphs for subparagraphs (b) and (c): tor the operation, by the Public Relations Officer, of the Information ‘(b) assist and advise the Houses of and Public Relations service for the the Oireachtas Commission in the direc- Houses of the Oireachtas and their tion and control of the Oireachtas members collectively and shall recom- Library; mend to the Houses of the Oireachtas (c) regulate and supervise the oper- Commission any improvements in the ation of the research service for operation of the service which may members and to recommend to the appear to it to be desirable from time Houses of the Oireachtas Commission to time. any improvements in the operation of (4) The Committee shall consist of the service which may appear to it to be five members of Da´il E´ ireann. The quo- desirable from time to time;’. rum of the Joint Committee shall be (g) STANDING ORDER 101 — three, at least one of whom shall be a JOINT COMMITTEE ON BROAD- member of Da´il E´ ireann and one a CASTING AND PARLIAMENTARY member of Seanad E´ ireann. INFORMATION. By the adoption of the (5) The Joint Committee shall have following in substitution for Standing the following powers: Order 101: (a) power to appoint sub-Commit- ‘101. (1) There shall stand established, tees as defined in Standing Order following the reassembly of the Da´il 81(3); subsequent to a General Election, a Sel- ect Committee, which shall be joined (b) power to engage consultants as with a similar Select Committee of the defined in Standing Order 81(8); and Seanad to constitute the Joint Commit- (c) power to travel as defined in tee on Broadcasting and Parliamentary Standing Order 81(9). Information, to— (6) The Joint Committee shall have (a) discharge the necessary moni- power to nominate persons to assist it in toring and administrative arrange- its deliberations; and such persons shall ments for in-House televising and for attend such meetings as the Joint Com- sound and televised broadcasting of mittee may determine. Da´il E´ ireann and its Committees; (7) Every report which the Joint Com- (b) review and modify, whether mittee proposes to make shall, on adop- subject to any recommendations tion by the Joint Committee, be laid made by the sub-Committee on Da´il before both Houses forthwith.’. Reform under Standing Order 97(1)(e) or otherwise, the rules of coverage for the televising of pro- Question put and agreed to. ceedings of Da´il E´ ireann and its Committees; Finance Bill 2007: Order for Second Stage. (c) determine rules of access in Bill entitled an Act to provide for the impos- respect of the archive of proceedings ition, repeal, remission, alteration and regu- of Da´il E´ ireann and its Committees; lation of taxation, of stamp duties and of duties and relating to excise and otherwise to make further provision in connection with finance (d) determine, subject to the con- including the regulation of customs. sent of the Houses of the Oireachtas Commission, from time to time the Minister for Finance (Mr. Cowen): I move: fees to be payable in respect of broad- “That Second Stage be taken now.” casting of proceedings of Da´il E´ ireann and its Committees. Question put and agreed to. 1565 Finance Bill 2007: 6 February 2007. Second Stage 1566

Finance Bill 2007: Second Stage. Fourth, we have gone a long way to achieve an efficient and effective tax system. More tax is Minister for Finance (Mr. Cowen): I move: being paid by self-assessed taxpayers. More taxes “That the Bill be now read a Second Time.” are being paid on time. Modern IT systems mean I am glad to introduce this, my third, Finance Bill more on-line payments. Greater revenue powers to the House. In my first Bill I concentrated on achieve a better collection performance and com- reducing the tax burden on low and middle ear- plete change in the culture of paying one’s taxes. ners. In my second Bill I reformed and refocused Better IT facilitates the customer and a range of the structure of investment tax reliefs and set a measures in this Bill will help make claiming tax minimum tax which the well-off must pay. In this reliefs easier. It is important to appreciate these Bill I seek to ensure the benefit of strong econ- facts and acknowledge this perspective when omic growth is shared by all taxpayers and, in examining the contents of this Bill, as I will now particular, low and middle income earners. I also do. seek to ensure that the ordinary taxpayer can better access the full range of normal tax allow- The Bill is being presented against a backdrop ances by improving the way the tax system works. of continued strong economic performance and sound public finances. The economy is estimated The principal aims of the Bill are, therefore, to to have grown by 5.4% last year and is forecast reduce the income tax burden on the lower paid to grow by 5.3% this year. Our public finances by removing almost 40% of income earners from are healthy and we have recorded a general the tax net; deliver on our promise to middle income earners to ensure that 80% of all tax- Government surplus in nine of the past ten years payers in effect pay tax at no more than the stan- and reduced our debt to GDP ratio to the second dard rate; promote jobs, enterprise and invest- lowest in the euro area. ment, particularly in small firms through Good economic and fiscal performance does measures specifically aimed at that sector; pro- not happen on its own but is nurtured and sup- mote greater investment in research and develop- ported by sensible economic policies which ment and to retain our attractiveness as a prime reward hard work and enterprise through low location for foreign domestic investment; con- taxes on labour and business. Hand in hand with tinue to improve the efficiency and effectiveness this, a strategically balanced, prudent and stab- of the tax system and close off the loopholes that ility-orientated approach to the public finances are an unfortunate feature of all tax codes; and facilitates historically high levels of investment in use the tax system to promote environmental and the productive capacity of the economy, while at other socially desirable policy goals. the same time enhancing public services and pro- It is worthwhile at this point to set out a few tecting the most vulnerable in our society. In this basic facts about our tax code which will help dis- regard our record speaks for itself. pel a number of myths that might otherwise go Since 1997 the economy has been transformed, unchecked. First, the tax system has become growing at an annual average rate of more than incomparably fairer than the one we inherited in 7% in GDP terms. More than 600,000 more 1997. There will now be more than 845,000 low people working than in 1997. For the first time in income earners exempt from income tax com- our history more than 2 million people are pared with 380,000 in 1997. The average tax bur- employed in the State. With so many more jobs den on those on average incomes is less than half and people employed, more goods and services that in 1997. We have one of the lowest tax takes are being produced and the consequent increase in the world from persons on low and middle in tax receipts has allowed for a significant incomes. increase in the level of public services. Second, rather than extending tax reliefs to all Our approach of making work pay has proved sorts of projects, as happened in the past, we now hugely successful. We are not complacent about have a rational measured approach with appro- our success and must continue to work to create priate caps on how far those reliefs can be the conditions necessary to sustain economic pro- exploited. There is a case for targeted, pro- gress in the future. We recognise that Ireland is ductive, job giving reliefs where they can be a small and open economy especially exposed to shown to deliver for the taxpayer. The business changes in the global economic environment. As expansion scheme and regional relief schemes in such, we must address those domestic factors that the Bill pass this test and involve a degree of risk we can influence or control in order that we can taking by investors perhaps lacking in other tax ensure the economy is suitably prepared in the relief schemes. event that external difficulties arise. In these cir- Third, the system of indirect taxes under this cumstances, a key policy challenge will be to Government seeks to safeguard the lower paid. enhance our competitive position to ensure con- It is not regressive as some studies maintain, for tinued improvements in our living standards. example, VAT does not apply to a range of basic The Government is addressing the competi- foodstuffs — bread, butter, milk, meat, fruit and tiveness challenge in a number of ways. We are vegetables — children’s shoes or clothing and investing in infrastructure and people and oral medicines. improving the skills of the population, which will 1567 Finance Bill 2007: 6 February 2007. Second Stage 1568

[Mr. Cowen.] In each of the three Finance Bills I have intro- help us to compete by repositioning the economy duced to the House I have been able to introduce for the production of more knowledge based measures which make the tax system fairer. The goods and services. We are also committed to tax burden on the low and middle income earner enhancing the capacity of our economy and have has been significantly lightened. When this Bill illustrated this commitment in the recently has been enacted two out of every five income announced national development plan. We are earners will have been removed from the tax net. improving our infrastructure and moving towards The Bill delivers on our promise to middle a more knowledge based economy by investment income earners to ensure that 80% of all tax- in research and development, science and inno- payers in effect pay income tax at no more than vation. This will sustain our economic progress, the standard rate. improve our competitive position and create new The Bill runs to 118 sections and three Sched- and better jobs. ules. I will outline some of the main provisions in The planned total spend of \184 billion in the the time available to me, listen carefully to the national development plan is an investment for contributions of Deputies and try to respond to us all in the future, which serves to increase com- the points they make when I reply to the debate. petitiveness, enhance productivity, reduce con- The various income tax measures and reliefs gestion and improve services. The plan builds on announced in the budget are dealt with in the significant achievements of its three prede- sections 2 to 4, inclusive. These widen the tax cessors. In the 2000-06 period the previous bands and increase various credits, including the national development plan delivered: more than basic personal credit and employee tax credit, and 525 km of new national roads and 51,000 km of reduce the top rate by 1%. When this Bill has been enacted, almost two out of every five non-national road refurbishments; more than \10 income earners will have been removed from the billion in housing projects and almost 50,000 new tax net. The Bill delivers on our promise to homes built; more than 460 schemes under the middle income earners to ensure that, in effect, water services investment programme have been 80% of all taxpayers pay tax at no more than the completed to improve water quality and help the standard rate. environment; more than \500 million has been Section 5 provides for a 9% increase in rent invested under the rural water measure, with relief. Section 6 confirms the budget increases in more than 450,000 people benefiting from the the ceilings on mortgage interest relief. For first- upgraded group water and small sewerage time buyers the ceiling is doubled from \4,000 to schemes; 57 new primary schools and refur- \8,000 in the case of a single person and from bishment of almost 5,000 more; 19 new secondary \8,000 to \16,000 in the case of a married couple schools with a further 13 already in construction; or a widowed person. and 31,000 additional child care places. Section 8 provides that the foreign service These facts show that the previous NDP deliv- allowances of employees of certain agencies, ered for the people. We are fortunate to live in working in the overseas offices of those agencies, good times. The current plan seizes the potential are treated in an equivalent manner in terms of presented by current prosperity, strong financial the allowances paid to staff in the Civil Service standing and favourable demographics to position who are serving in foreign postings. the country for continuing progress if the envir- Section 9 provides the necessary legislative onment becomes less benign in future. While con- changes to allow the Revenue Commissioners, tinuing the good work of the previous develop- where possible, to credit and repay automatically ment plans, the new NDP necessarily has a reliefs such as age-related tax credits, health different focus in that it is designed to secure the expenses, tuition fees and trade union sub- gains made, sustain our prosperity into the future, scriptions. balance growth across our country and do all this Section 10 extends indefinitely the special tax in a way which protects and enhances our exemption for unemployment benefit paid to sys- environment. tematic short-time workers. This had previously A vibrant economy underpinned by the reward been renewed from year to year. of enterprise and work, strong and stability orien- Section 11 amends the provisions exempting tated public finances and the ambition of the from income tax income arising on the invest- national development plan are strategic corner- ment of certain compensation payments. This will stones of the Government’s economic and social exempt returns from offshore funds from tax in policy. The Finance Bill I present to the House the same way as returns on domestic investments. today, focusing as it does on ensuring the benefit Section 13 closes off an abuse of the rent-a- of strong economic growth, is shared by all tax- room exemption scheme in order that the exemp- payers, and in particular low and middle income tion will not apply where an adult child pays the earners will further enhance the solid under- rent to a parent for staying in the parental home. pinning for future economic growth and the Section 14 increases the child-minding tax exemp- broader well-being of our society. tion limit of \10,000 per year set in last year’s 1569 Finance Bill 2007: 6 February 2007. Second Stage 1570 budget to \15,000 per year to encourage a greater ance with the European Commission under State uptake. Section 15 introduces an additional thres- aid rules. The educational qualifications for the hold of relief of \20,000 per year for qualifying special 100% relief are being aligned with rules long-term leases of farmland exceeding ten governing stamp duty relief for young trained years’ duration. farmers. The scheme of capital allowances for Section 16 amends the tax treatment of various milk quota is being amended to ensure this relief pension products and approved retirement funds is available for quota purchased under the new in a number of respects. The main changes are milk quota trading system. I will bring forward that: first, Revenue will in future be able to further tax relief measures for farmers on Com- approve, subject to conditions, generic pension mittee Stage. products such as those under which single- Section 24 sets out proposed new tax arrange- member retirement benefits are marketed with- ments for stallion stud fees, which will come into out the need for individual Revenue approval for effect on 1 August 2008 with the present regime each case and, second, an amendment to the ending from 31 July 2008. These will replace the legislation is being made to clarify that the oper- present tax arrangements which had been ation of the pension fund limits is not affected as objected to by the European Commission. The a consequence of pension adjustment orders bloodstock industry and the wider racing industry made by the courts in circumstances of judicial are important economic drivers in rural Ireland. separation or divorce. Despite its small size, Ireland is now the third Section 18 confirms changes to the business largest producer of thoroughbreds in the world expansion and seed capital schemes. Both and accounts for 42% of total EU output. The schemes are being extended for a further seven existing exemption was key to the development years until 31 December 2013. The company limit of the sector and in recent years up to 70% of the is being increased from \1 million to \2 million, world’s top stallions have been located in Ireland. subject to a maximum of \1.5 million to be raised A recent survey estimated that the total in a 12-month period. The investor limit is being number directly employed in the stallion breed- increased from \31,750 to \150,000 in the case of ing sector is 2,400. An additional 2,300 are the business expansion scheme and to \100,000 employed in the brood mare sector with estimates in the case of the seed capital scheme. Recycling of up to 16,500 employed in directly associated companies are being added to the list of qualify- activities in the economy. In addition, the avail- ing trades. These changes to the schemes, with ability of good stallions, together with the high some additional alterations to the operation of reputation of Irish breeders, has led to more the schemes provided for in this section, are sub- foreign owners boarding their mares here. In the ject to a commencement order being made on past 30 years or so, the number of foals born here foot of approval by the European Commission. has tripled and thoroughbred foal output now The Government is firmly of the view that this stands at more than 12,000 per year. relief is important to the creation of jobs in The key measure in this new arrangement is Ireland and for the development of the small the provision of a deduction for the purchase cost business sector and that the European Union will of the stallion, which will allow the cost to be recognise this also. In this general context, the written off over a useful economic life of four film investment relief is due for renewal next year years. This four-year writing down allowance, and before we renew it we will have it fully which the Bill provides for, is in step with the reviewed, as before, to ensure that it is delivering existing accounting practices in the industry the desired effect. which have evolved over time to deal with the Section 19 proposes a number of changes to reality in this business, that in the majority of income tax appeal provisions to provide that cases investing in thoroughbred stallions is where a determination of the appeal commis- inherently risky and is often a loss-making sioners is to be reheard by a Circuit Court judge venture. or a case is to be stated for the opinion of the Overall, the measures contained in this section High Court, the inspector will not be obliged to of the Bill will mean that the same broad prin- amend the assessment under appeal until the ciples will apply to the stallion breeding industry appeal process has been fully completed. In such as for other businesses. These tax arrangements a case, a refund of tax paid or the collection of are subject to clearance by the European tax levied will not proceed until final judgment. Commission. Sections 21 to 23 amend the tax code concern- Section 25 amends the tax relief for donations ing farmers as follows. Certain farmers who were to approved bodies to remove a number of refer- in receipt of Feoga and single farm payments in ences to the requirement that various educational the calendar year 2005 can qualify under the bodies must be established in the State. A income averaging scheme. The 25% stock relief number of named bodies are also removed either for farmers and the special incentive stock relief because they are defunct or are already estab- of 100% for certain young trained farmers is lished charities to which the donations scheme extended for a further two years, subject to clear- applies. 1571 Finance Bill 2007: 6 February 2007. Second Stage 1572

[Mr. Cowen.] Section 27 closes a loophole concerning unallo- Section 26 introduces a scheme aimed at cated partnership profits by clarifying the posi- encouraging the development of tourism infra- tion that the tax-adjusted profits of a partnership structure in the mid-Shannon area. Such a scheme must, for tax purposes, be fully apportioned has been under consideration for some time. In between the individual partners each year. This the lead-up to budget 2006, a submission pro- will close off a potentially large tax loss in some posing such a scheme was received from Shannon major partnership firms. Development. This was the subject of an ex ante Section 28 makes various amendments to rel- evaluation by Goodbody Economic Consultants evant contract tax which applies to payments last year. The review was followed by the com- made by principal contractors to subcontractors pletion of Fa´ilte Ireland’s tourism product under relevant contracts in the construction, meat development strategy 2007-13. In addition, in the processing and forestry industries, including a lead-up to this year’s budget a follow-up proposal number of amendments to meet commitments, was received from the Department of Arts, Sport contained in the partnership programme Towards and Tourism. Accordingly, I have decided to pro- 2016, to strengthen the RCT system. ceed with such a scheme on a pilot basis. In doing Sections 29 and 30 amend the current tax laws so, I point out that in their report Goodbody on SSIAs and the pensions incentive tax credits recommended that if any such scheme was to be scheme so as to empower Revenue to seek var- implemented: the scope of the scheme should be ious information returns from SSIA managers strictly limited; the scheme should only allow for and to require SSIA moneys invested in pension accommodation where it is integral to the resort; funds under the pensions incentive tax credits it should not apply to cabin cruisers; it should scheme to be held for at least one year to avoid only operate for a limited term; and there should a claw-back of credits given under the scheme. be an independent certification body. All these Section 31 provides for DIRT-free interest to recommendations have been met in the design of be paid automatically by financial institutions to this scheme. taxpayers of 65 years of age or over, whose total A certification body will be established to vet income does not exceed the relevant income tax proposed developments so as to provide quality exemption limit. This will also apply to perma- assurance for the scheme. Such certification is nently incapacitated people in receipt of such aimed at establishing eligibility under the scheme interest in defined circumstances. It will ensure before proceeding with any project. The qualify- that relief is given without the need to apply to ing period for expenditure under the scheme will Revenue for a refund each year. be three years from the date of its commence- In section 32 I seek to afford relief to persons ment, which will be done by way of ministerial who may suffer double taxation arising from capi- order. It will not cover stand-alone hotel or tal gains in countries with which we have a double holiday cottage developments and the accom- taxation treaty but where the treaty itself pre- modation content of any qualifying development dates the introduction of capital gains tax in cannot be more than 50%. Ireland. The section also removes an element of The designated areas involved are in a corridor double taxation on the profits of a foreign branch of about 12 kilometres on either side of the river, or agency of an Irish company, where such a stretching roughly from the bottom of Lough branch or agency is located in a country with Derg to Lough Ree. The tax relief will consist of which we do not have a double taxation treaty. accelerated capital allowances over seven years Section 34 provides for a number of amend- for qualifying construction and refurbishment ments to the scheme of dividend withholding tax expenditure incurred in the qualifying three-year to deal with the introduction of electronic divi- period. This is aimed at assisting the development dend vouchers, the application of the general of a critical mass of the type of tourism projects four-year time limit that applies to other tax needed in the area, such as marinas, leisure repayments to refunds of dividend withholding centres, equestrian centres, adventure sport facili- tax, and an extension of the existing exemption ties, sailing schools, interpretative centres, health from dividend withholding tax available to non- farms and spas, heritage houses and gardens. resident subsidiaries. Section 36 is an anti-avoid- It is envisaged that following the passing of the ance provision which makes a number of changes Finance Bill 2007 at the end March, the scheme to provide special rules for the taxation of per- will be immediately notified to the European sonal portfolio investment undertakings in regard Commission at which stage work will commence to payments made to unit holders. This will on the drawing up of guidelines and establish- prevent the exploitation by some wealthy individ- ment of the certification board with a view to uals of the lower exit tax rate on certain invest- signing the commencement order in June, ment funds. assuming there are no problems with the Euro- Sections 38 and 39 amend taxation procedures pean Commission. The scheme will be oper- in regard to life insurance policies in order that ational for three years after this date — that is, the investment proceeds of all life insurance poli- to approximately June 2010. cies will become chargeable to income tax after 1573 Finance Bill 2007: 6 February 2007. Second Stage 1574 an eight-year period. Section 40 strengthens cer- Parts 2 and 3 deal with indirect taxes, namely, tain anti-avoidance provisions in regard to the excise and VAT. These include sections 52 to 67, transfer of assets abroad. inclusive, which set out a range of changes in Section 41 extends the application for a further regard to excise duties, including confirming the three years to 2009 of the base year 2003 expendi- budget day reduction to zero of excise duty on ture on research and development against which kerosene and LPG used for heating, the increase incremental expenditure will be measured for the in excise on tobacco and the introduction of a purpose of the research and development tax cre- VRT relief of 50% for electric cars. Existing pro- dit. In addition, expenditure by companies on visions relating to substitute fuels are being subcontracting research and development work amended so that such fuels, including biofuels, to unconnected parties will qualify under the tax will in future be taxed at the rate applicable to credit scheme up to a limit of 10% of qualifying the fuel for which they can be substituted. The research and development expenditure in any definition of “mechanically propelled vehicle” is one year. amended to exclude vehicles that do not meet Section 42 confirms the budget day announce- EU-type approval standards for entry into service ment that the preliminary corporation tax liability on the State’s roads. Arising from the Criminal threshold for treatment as a small company is Justice Act 2006, excise duties are being adjusted being increased from \50,000 to \150,000. New or or imposed in regard to firearms. start-up companies with a corporation tax liability In response to rulings by the European Court of \150,000 or less for their first accounting of Justice relating to other member states, the Bill period will not be required to pay preliminary tax provides that company cars driven by Irish resi- in respect of that first accounting period. In dents on behalf of firms based outside Ireland will addition, provisions are being introduced under be exempt from VRT subject to certain con- which large companies in a group will be allowed ditions. Provision is also being made for the late offset their preliminary tax payments between opening of betting shops on days on which an group members for the purpose of working out evening race meeting is taking place in Ireland, the adequacy of such payments for interest pur- regardless of the time of year. Currently, late poses. This will assist in minimising interest opening is allowable when daylight hours facili- charges on the group. tate evening race meetings — from April through Section 43 deals with group relief for compan- to August. This change is in response to the ies, the provisions for which are being amended advent of floodlit night-time horse racing in mainly to comply with a ruling of the European Ireland from the latter half of the year. Court of Justice in the Marks & Spencer case on Sections 68 to 89, inclusive, contain a number the use of foreign tax losses. Section 45 intro- of important revisions to the VAT code, as fol- duces a measure that provides an option to com- lows. They confirm the budget increases to the panies not to have interest payments made to VAT registration thresholds for small businesses associated companies in countries with which we from \27,500 to \35,000 in the case of services do not have a double taxation agreement deemed and from \55,000 to \70,000 in the case of goods as a distribution of their profits. This removes an with effect from 1 March, the increase in the element of double taxation in the tax code and farmers’ flat-rate VAT addition from 4.8% to will help the IFSC. 5.2% with effect from 1 January, and the Section 46 extends the qualifying period for the reduction of the VAT rate on child car seats from scheme of tax relief for corporate investment in 21% to 13.5% with effect from 1 May. certain renewable energy projects from 31 Section 71 provides for the removal of the December 2006 to 31 December 2011, subject to option for landlords to waive their right to clearance by the European Commission from a exemption from VAT on short-term letting of state aid perspective. Sections 47 to 51 amend the residential property to remove an anomaly tax code in regard to capital gains tax in a number whereby the landlord can claim VAT on the of ways. They increase the retirement exemption assets of the property in year one but the equiv- threshold from \500,000 to \750,000, amend the alent VAT on rents from the property will only site to child relief to limit the size of the site to 1 be received by the Exchequer over a prolonged acre, exclusive of the house, and make a technical period. This currently acts as an unintended change to the exemption for sports bodies to Exchequer subsidy to private letting. The change ensure the full value of the existing asset must be will apply to properties acquired or developed applied for approved purposes. There is a techni- after the passing of the Finance Bill 2007 and will cal amendment in the offshore income gains pro- not affect lettings in existence prior to that date. visions to update a reference to resident individ- Sections 76 and 81 provide for the deductibility uals and, where a capital gains tax clearance is of VAT on conference-related accommodation not produced on the closing of a sale, an amend- expenses from 1 July to help Irish hotels compete ment will ensure that any consideration withheld more favourably on the global stage for con- must be paid to the Revenue Commissioners ference business. This change is in line with the within 30 days. recommendations of the tourism action plan 1575 Finance Bill 2007: 6 February 2007. Second Stage 1576

[Mr. Cowen.] provides for a reduction from six months or 183 implementation group and was announced in the days to 93 days in the period which must elapse budget. Other VAT changes relate to hire pur- after the receipt of a valid claim before Revenue chase transactions in cases where the customer is required to pay interest on overpayments. The defaults on repayments and where finance houses shorter period applies for repayments made after are involved in the transactions, the taxation of the passing of the Bill. certain services received by public bodies, for Section 112 provides for a once-off increase example, consultancy services from abroad, and this year in the ceiling for donations to the Irish the application of the open market value to cer- Heritage Trust from \6 million to \10 million. tain transactions between connected parties in This would allow for the donation of a collection determining the amount on which VAT is of fine Irish paintings and furniture for display in chargeable. Fota House. Sections 91 to 102 introduce changes to the Section 113 amends the existing requirements stamp duty code to achieve the following: abolish that Departments, the HSE and local authorities the head of charge for mortgages; simplify the and similar statutory bodies that make any pay- code; amend the relief available for young trained ment in the nature of rent or for the purposes of farmers; extend the relief for farm consolidation rent subsidy in regard to any premises to make a for a further two years to 30 June 2009 and allow return containing details of the premises, its relief where only one farmer is consolidating; owner and payments made. The amendment will introduce a new exemption from stamp duty for extend this provision so that these bodies will also sports bodies which are already entitled to relief be required to obtain the PPS number of the from income tax and capital gains tax — this landlord concerned. exemption will relate to purchases of land for the Section 114 amends the tax law to clarify and purposes of promoting games or sports; limit the confirm the search powers of Revenue to assist in transfer of a site from a parent to a child to build investigations with a view to prosecutions. a house to 1 acre, exclusive of the house; provide Section 115 creates a new offence of imper- for an exemption from stamp duty on certain sonating a Revenue officer. There have been a intra-family transfers of farmland; and extend the number of instances in recent years of persons existing first-time buyer stamp duty exemption to impersonating a Revenue officer. persons who have undergone a judicial separation I hope the House has benefited from this expla- or divorce where certain conditions are fulfilled. nation of the measures in the Bill. There are still I am currently considering further changes to the some matters under consideration that I may stamp duty code which may be introduced on bring forward on Committee Stage, should they Committee Stage. These relate to the application receive Cabinet approval. I will also give con- of the code to the development of land. sideration to any constructive suggestions made Sections 103 and 104 are technical amendments during our debate today and tomorrow. I com- which arise as a result of a High Court case mend the Bill to the House and look forward to decided last year in regard to when a discretion- a constructive debate on it. ary trust created will come into existence. Section 104 changes the date on which the tax becomes Mr. Bruton: This is the last chapter in what the payable where a trust is created following death. Minister’s predecessor described as something of This follows a High Court decision earlier this a great epic, which, like the works of Charles Dickens, he decided would be issued in serial year. The tax will now apply from the date of form. Like the work of Dickens, this epic started appointment to the trust instead of the date of with great expectations, but much of it for many death, as before. ended in fairly hard times, which is part of the Section 105 alters the date from which interest mark of the Government in its approach to public becomes payable in the context of a clawback of finances. It has been very much the tale of two agricultural or business relief where the assets are Irelands, with many doing well, but, unfortu- sold within the specified period. The interest will nately, many more left in the margins. Many of now apply from the date the clawback arises. those in the margins are people waiting for public Section 107 deals with capital acquisitions tax services that should have been delivered con- agricultural relief and amends existing provisions sidering the wealth available to the country. in order that an individual may offset borrowings on an off-farm principal private residence against Mr. Cowen: Deputy Bruton is the Nicholas the property’s value, for the purpose of the 80% Nickleby of Ireland. farmer test. On tax administration, section 110 amends the Mr. Bruton: Is the Minister Little Dorrit? tax code so the need for a person who holds a fixed charge on the book debts of a company to Mr. Boyle: Perhaps Uriah Heep. send to Revenue a copy of all the papers lodged with the Companies Registration Office is Mr. Bruton: That is the background to the Fin- replaced with a simplified return. Section 111 ance Bill. People look on this country as one with 1577 Finance Bill 2007: 6 February 2007. Second Stage 1578 a tremendously successful economy which has 40 or 50 times this amount? Similarly, someone yielded extraordinary wealth to the Government. out of work would get 40 or 50 times, while some- However, we have not achieved what should have one purchasing a home gets five or six times that been achieved and this will be the core issue on amount. Why do we apply these significant dis- which we will go to the country in the election. tinctions to the many families forced to go into Much money has been spent, but too much has private rented accommodation? We must focus been left undone. People will look at the alterna- more clearly on what we want to do to support tives and decide whether we should have another families and this should inspire our tax and wel- five or ten years of what we have had or whether fare system. it is time to look afresh at the appetite for change. Let us look too at the welfare system. Many of Unfortunately, the Bill comes from the same the means tests, for example for higher education stable as so many before it. It is disappointing on grants, medical cards etc., do not take account of many fronts. It reinforces the strong bias against the fact that two people trying to cope on one families, which is contrary to the sort of social income have higher expenses. This fact is air- policy we should see; it fails to square up to the brushed out of the equation. However, that is the environmental challenge, the urgency of which reality. We want to promote a family policy we become more aware daily; and it continues to where people stay together and share the glide along with public spending which is growing responsibilities of rearing families, but we pro- 50% faster than the growth of national income. mote the very opposite through our welfare and It does so on the basis of an increasing depen- tax codes. We must get our minds around this and dence on a property boom which we all know is deal with the challenge to create a successful unsustainable. The main problem is the Bill does environment for parents. We see ever increasing not address fundamental issues at this time of problems of young people going astray in various great opportunity. ways and to deal with this we must try and sup- I would like to develop some of these themes, port family policy in a more coherent way. Tax beginning with the issue of families and the way and welfare policy can contribute to this. in which we inadvertently, not just through the Environmental strategy is another area needing finance and tax system, pursue policies that make attention. If we look honestly at the Government life difficult for them. If families at work want to record, we see the Government has failed to push put a child into child care, even if they put all of the need to change if we are to comply with the their child benefit and the new under-six payment Kyoto Protocol and use scarce resources more into child care, they will still have to meet another effectively. We have a most dysfunctional plan- \145 per week. The cost of that in gross income ning strategy which has continued. We continu- is \13,500. Therefore, they must find that amount ally force development further into green spaces for each child in child care. If a family has two leaving people with long commutes and areas children, the cost of that child care wipes out the without any traffic infrastructure support. This entire industrial wage. pattern has been passed as coherent development As a result of this, people have to opt out of in the past, particularly in the past decade when the workforce for a few years to care for their we have built 500,000 extra homes and increased children at home, but the result is they are penal- our housing stock by 50%. This was a significant ised further tax-wise, first by losing the PAYE opportunity to lay out or cement a coherent way tax credit, a whammy of \990 or approximately of using resources, but it was let pass. We did not \1,000, and then up to \5,250 as a result of the reform the planning system, impose the proper individualisation bands. What sort of policy is it building standards on those homes or try to that has the effect that if people decide to opt out create compact systems of development. of work for a few years to engage in home care, The strategic development zone, SDZ, pro- they are penalised to that level? This inadver- posal was the right way forward, but as far as I tently creates an environment where parents find know, Adamstown is the only area where the it hard to cope. It is even deeper than this. If system has been applied. This is only one case out people separate, the tax system decides they of 500,000 houses. This is not good enough and should have four tax credits, whereas if they stay does not demonstrate coherent, joined-up think- together, they should have two. If they happen to ing. There is scope within the tax code, even in cohabit, are not married and only one is working, one Finance Bill, to be more ambitious about try- they are reduced to just one tax credit. Some ing to promote sound decisions about the type crazy concepts underpin the way we treat and location of houses etc. Development levies, families. VRT and other such duties could be used as lev- The situation is similar in other sectors, for ers to encourage this. Stamp duty could provide example, housing. Many families now have to go an opportunity when houses change hands to do into private rented accommodation. Why is it we something about energy standards in houses. We decide these families only deserve \14 a week of could create vehicles that would promote the sort total subvention support towards their housing of change we need, but this has not been high on expenses, while someone in a council tenancy gets the agenda. 1579 Finance Bill 2007: 6 February 2007. Second Stage 1580

[Mr. Bruton.] I will make some more specific points about I am baffled that we do not have an intercon- the Bill. I know the tourism scheme concerns the nector. I was spokesman on energy many years midlands, and the Minister for Finance, coming ago when the issue of an interconnector to the from the area, will understand its benefits. I agree United Kingdom or beyond was mooted in order we need better tourism products; except in cer- to open our electricity system to the use of more tain regions, we do not need much more accom- alternative sources and to provide a more modation. I cannot see that the lessons of the past efficient and competitive electricity system. Here have been internalised by those who designed the we are, a decade on and billions spent on infra- scheme. We were told that the first thing to do structure, but the opportunity to achieve that core when introducing such a scheme is to assess its element, which should have been part of a strong cost and benefits. There is no mention of what environmental change in trying to achieve more the cost or benefits might be, however, despite it balanced use of energy where we would be more being a prerequisite. It was at the core of all the reliant on renewable sources, has been missed. consultants’ reports, which were a foot thick. We must have much more strategic thinking in They looked back at such schemes, and after government on these challenges, but we come in many years of their operation, found that we had here and deal with the issues piecemeal. The Fin- procured only small benefits and that the cost of ance Bill results from all the various financial tax reliefs had been excessive. We had not pressures and from the input of accountants and designed or thought them through at the lobbyists, but it does not create a strategic picture beginning. about how we treat families or the environment. I am disappointed there has been no attempt We have unwittingly created in recent years a at a cost-benefit analysis of this tourism scheme, bonanza in property revenue where approxi- which may be wonderful for all I know since I do mately \100,000 plus from every new house built not know the area. However, I do not see any goes to the Exchequer. Stamp duty on an average such attempt. One thing that has been taken on house in Dublin is \41,000. For an apartment, the board is the need for certification, but we have figure is now \30,000. Massive sums are being not yet been told what the eligibility criteria will borrowed in the private sector. Everyone is agh- be. Somewhere in the Bill it states that they must ast at how people could get themselves so deeply have regard to a great many factors. Having to into debt, and the Central Bank has been wring- have regard to something is not a very rigorous ing its hands. Let us not forget that at least test criterion, and we must beef that up. \100,000 goes to the Exchequer for every new Before we vote this through, we should see house built in Dublin, with another \41,000 if it very firm criteria set out in order that we know is second-hand. The figures are obviously lower exactly what will be included. We cannot leave in other parts of the country. Even first-time buy- that question to some large group established ers are putting in a great deal, and in Dublin they afterwards by a Minister for Arts, Sport and pay \33,000, even after the Minister for Tourism who, with the best will in the world, will Finance’s reform. wish to use the scheme to maximise investment. Stamp duty receipts have trebled in the last He will not think of the taxpayers or the benefit- four years. The Central Bank is worried that bor- to-cost ratio. For him, it is a tool given him by the rowers are fuelling spending, and one cannot Minister for Finance that he intends to pump for escape the fact that the level of everything possible; anyone else in his position 6 o’clock Government spending seen in the would do the same. last five years will not be sustainable We must see such controls put in place, since in the longer term. One cannot increase spending this is the last time we will see the Bill, and the 50 times faster than the growth in the economy relief will continue for seven or eight years. Many other than for very short periods such as at of us present will no longer be in the Da´il at a present, with a massive property boom allowing time when the benefits are still accruing. We must such largesse in the absence of tax rises. take a more rigorous approach, since it is tax- That is not a sustainable basis on which to build payers’ money rather than funds from some pool spending programmes, and we must return to a separate from what we spend on health, for much tougher value-for-money approach to example. We are deciding that tourism projects squeeze value from public spending. When one in certain areas are more important than invest- invests new resources, one gets real targets deliv- ment in plant and machinery in a factory or in an ered. That is at the heart of the programme that industrial building. We are deciding that certain the Labour Party and we have put together, The things are more desirable than others and that we Buck Stops Here, in which we try to set out how will use taxpayers’ money to make them happen. we might squeeze extra value from public spend- We must take that rather more seriously than ing. In that manner, even in a more constrained hitherto. I am not saying that the pattern has environment such as we face in future, we can been such, and I have always recognised the deliver in those key areas in which people have benefits of what the Minister has done. However, been so disappointed. he has allowed cost-benefit analyses to slip into 1581 Finance Bill 2007: 6 February 2007. Second Stage 1582 the past, when he must instead carry them into has consolidated the limits from \250 and \125 to the future with equal rigour. That is missing, a single \125 instead of simply abolishing it as he although it should be part of such schemes. should have done. I am still concerned at the level of tax write- Another matter thrown into sharp relief is the offs that we allow certain individuals who can limit on retrospection. People who have overpaid manage the various schemes. The Minister for tax may reclaim it only for the preceding four Finance is increasing the threshold for the busi- years. That minimisation is a running sore, the ness expansion scheme which is probably among Minister having decided to reduce it from ten the better examples in that it is based on risk years. The Statute of Limitations period has been rather than property. However, the Minister still reduced to four years. He has underlined that allows someone, depending on his or her age, to sore point by saying that only three months after put up to \100,000 into a pension scheme, with a they make the claim may they accrue any interest tax subsidy of \40,000 or so provided on that pen- on money owed them for many years. I am not sion each year. Then the person receives \250,000 arguing that we should have limitless retrospec- from various reliefs if his or her tax affairs are tion, with interest paid. The Revenue Commis- managed properly. It is only thereafter that cer- sioners regard it as a great concession to move tain caps begin to take effect. from six months to three but it seems that the It all ends up with such people paying tax at a clock should start to tick straightaway. rate of 20%. If they are over the \500,000 mark, There has been much debate about the busi- the Minister says they will pay 20%. Let us not ness expansion scheme and the Irish Congress of forget that an ordinary person pays 41% on Trade Unions is of the view that it is the wrong income earned above a threshold of \34,000. That way to go. I would be better disposed to it as it is the reality, and these schemes would have to tends to involve genuine risk capital. Successive be extremely good to justify some paying 41% Ministers tried to weed out the mortgage-based after \34,000 and others 20% on \500,000. That investment that was low risk and one might is the structure we have allowed, however, and instinctively think this ought to involve higher the financial caps should be set at much lower risk capital. Some \16 million has passed through levels than at present. The Minister did not intro- the BES, with \1.2 million in seed capital. It is duce proper restrictions on such schemes. It is not a huge amount and probably worth it. To be very hard to justify why someone on \34,000 consistent, we ought to see a cost-benefit analysis. should pay the same marginal tax rate as a multi- It was not assessed in the Department’s last batch millionaire, and certain such millionaires will be of investments and I have not seen any cost- asked to pay tax at only 20%. It ought to be dealt benefit assessment. Nevertheless, we are deciding with in a more clearcut fashion than in the vehicle to significantly expand it. I note from the Depart- invented last year as a first step. ment’s website that a survey was carried out, but I will take some credit for reclaimed tax. There this concerned beneficiaries. It was not exactly a is growing momentum on the part of the Depart- rigorous cost-benefit analysis in which the views ment of Finance, Revenue and the Minister to of beneficiaries were sought. take seriously reimbursing those who have over- There is interesting information on those who paid. In a back-of-the-envelope calculation, I esti- benefited from the scheme such as many start-up mated that the total was \350 million a year for companies. It is disappointing that many of them each of the four years on which one may reclaim were not involved in exporting, with 44% not money. That is a great deal, worth some \1.5 exporting anything. I believed the scheme would billion in total. involve more leading edge exporting activity but The Minister should ask Revenue to conduct a this does not appear so. study, since it has access to the full figures for An element which could act as a warning to money spent on medication, doctors and fees. taxpayers is that 90% of companies report that From its own returns, it could tell the Minister investors are satisfied or very satisfied with the how much ought to attract tax relief. While there returns. This suggests the number who are dissat- is now a welcome commitment to opening tax isfied is very small. Perhaps the risk involved is relief at source, there are still signs of niggardli- not great and the scheme is not getting to the ness in how it is approached. For example, the areas of capital shortages for start-up and devel- Minister is leaving intact the \125 figure as a opmental companies. The returns for investors hand-trip on medical expenses claims. It is appear to be very comfortable; a very low designed to do nothing other than cut the number number of investors are going wrong. The effort of people making such claims. involved in making a proper assessment of the The Minister should forget about the \125 and scheme, in the same way as others, would be simply make medical expenses tax-allowable. repaid. That would be much more clearcut, and one We need to hear from the Minister’s Depart- would not then have to depend on people apply- ment on patent income relief. This avenue was ing. The tax-relief-at-source vehicle is much more opened up last year but the Minister was very effective, but it has not been implemented. He agnostic in the end, deciding to do nothing. 1583 Finance Bill 2007: 6 February 2007. Second Stage 1584

[Mr. Bruton.] named after James Connolly by the late Dr. Noel Nothing appears to be coming from official circles Browne, does not have an adequate supply of hot on what will happen. I also have concerns about water. Speaking about a sum of \184 billion and the different ceilings for individuals who have tens of millions of euro in tax breaks, somebody earned income compared to those with rental such as the Minister in a leadership position income who appear to be able to roll money over should be able to consider why we are like kids into other schemes one after the other, yet indi- in a sweet shop. Although we have so much viduals with earned income have sharp caps to money, we do not have an adequate supply of deal with of approximately \31,000. I find it hard hot water for patients suffering from Alzheimer’s to understand why much more generous terms of disease. That is possibly one of the reasons the relief should be offered in these schemes for per- electorate wants a change of Government. The sons who have rental income as opposed to those people yearn to see all the money being put to who earn. This issue should be considered. good use. The strong economy of which we are The Government is still redefining the goal- understandably all proud does not mean much if posts on what was actually promised in the last patients suffering from Alzheimer’s disease general election, which intrigues me. There was cannot be washed with hot water. an absolutely clear promise that 80% of the In previous discussions on the Finance Bill I population would only be paying at the 20% tax proposed a standing tax reform commission to rate, which implied that 20% of the population address the anomalies in the tax system on an would pay at the higher rate of 42%, as it was, ongoing basis to ensure we could understand the now 41%. The Department has come up with the purpose of an incentive; if it met its goal; and new idea of effective rates of tax and the Minister whether it could be continued indefinitely, is pretending that this is what was promised. changed or renewed. These are complex issues There were no references to effective rates of tax and there are not always easy yes or no answers. in the Fianna Fa´il or joint manifesto. This is I wish to highlight an issue of which many are purely a post-hoc rationalising of the failure to strongly aware, the challenges presented by honour one of the key promises made to tax- climate change and global warming and the dan- payers. The people will not be taken in, although gers posed or opportunities provided in dealing this is now rolled out of the word processor every with the issue from an economic perspective. The time the Minister makes a speech. It comes very Minister is Minister Bigfoot in terms of the high in the litany of achievements and amounts carbon footprint stamped by the Department on spent under the NDP, etc. behalf of Ireland. The Government has a pollute The Government has the unique distinction of now and pay later policy. Our children and grand- increasing taxes in proportion to GNP faster than children will be bequeathed this legacy, for which any of its predecessors. For a Government which they will pay dearly. Just as most Irish people are talks about keeping taxes down, it may be surpris- aware that this is one of the critical issues facing ing. It is not so surprising, however, when one us, we understand that this week the EPA will takes into account the spending side of the report on Ireland’s position on climate change equation. and that its report will leave us hanging our I look forward to the debate on Committee heads, particularly on the issue of transport emis- Stage. Thankfully, the Bill is shorter than some sions. In our great cities and towns we really only of its predecessors. This takes into consideration have a skeleton public transport system in place the times pressure on some of the individuals who to show for the Government’s ten years in power will have to listen to the debate on Committee and all the money in the sweet shop. Stage, the Minister most of all. I will not be sup- The Minister’s attempts to meet the Govern- porting the Bill. ment’s Kyoto Protocol commitments will be exposed as a complete failure of action. He has Ms Burton: The Finance Bill is the product of set aside in the budget \270 million to pay for a budget which promised the biggest bonanza in carbon credits. Most do not understand that history. As the Minister delivers his Bill, it is clear carbon credits are really fines that the Minister that the anomalies, uncertainties and inequalities will pay through the Kyoto Protocol mechanism which pepper the whole tax system remain unad- for our failure to reduce our carbon emissions to dressed by him. He began the year with the \184 the level promised. The taxpayers, when they billion national development plan. When figures hear that the Government is lining up to pay \270 are that large, they tend to become meaningless million — many analysts have suggested that fig- for people who work and do not earn more than ure will possibly double — in carbon credit fines \50,000 or \60,000 a year. The Minister for Fin- will see this is a failure of leadership which will ance is a former Minister for Health and Children cost the country dearly. The old style public and I would like to focus his attention on a con- service would never have dreamed of lashing out crete issue. \270 million in fines. We all would have been so The Alzheimer’s disease ward in my local shocked we would not have allowed it to happen hospital, James Connolly Memorial Hospital, and would have sought ways to reduce our emis- 1585 Finance Bill 2007: 6 February 2007. Second Stage 1586 sions rather than pay the fines. It is one reason million which the Minister, according to his the electorate is considering, and I think will vote budget speech, plans to pay. There is much that for, an alternative Government because the Mini- can be done, but the Minister is avoiding leader- ster has not addressed this issue by giving any ship on this issue and one of the reasons we need meaningful leadership. a change of Government is that we need fresh The Finance Bill is an attempt to long-finger leadership to address these important issues. getting to grips with climate change until the There are a number of areas which affect hard- general election is safely out of the way, even in working families which I want to address in some the case of large car emissions where the Minister detail in this Bill. My party has also called for and sent a postcard to his colleague, the Minister for tabled amendments to create an office of tax- the Environment, Heritage and Local Govern- payers’ advocate or ombudsman to ensure PAYE ment to let people offer their insights, or “ideas workers get the tax breaks and refunds due in on a postcard, please”, as to whether polluting respect of health expenses, bin charges, etc. This SUVs or other cars which are heavy polluters is my fifth year to put this forward. I acknowledge ought to pay a little more tax. Talk about aban- that the Revenue Commissioners have taken doning any concept of leadership in this booming steps to improve people’s access to information economy; there is no hot water for Alzheimer’s about collecting various tax refunds and breaks disease sufferers in hospital and he sends a post- to which they are entitled. The Minister is more card to the Minister for the Environment, Heri- than willing to give the hand to the stallion tage and Local Government about vehicle emis- owners and those in the construction industry sions just when the EPA will announce, who need their bit of a break, but he is far behind apparently later this week, that Ireland has far when it comes to PAYE workers getting the tax exceeded the commitments to which the Govern- allowances and breaks to which they are entitled. ment signed up. Perhaps it will appear in the Fianna Fa´il mani- Other countries can provide public service festo. Perhaps the Minister is saving the tax- vehicles, including buses, which run on biofuel payers’ advocate and ombudsman and the stand- mixes. In many major cities all over the world ing tax commission for this. Perhaps we will young Irish people see signs stating the bus is run- convert him yet. ning on a clean fuel source. Our young people are I want to mention individualisation. There is used to taking metro systems. They are accus- now a gap of more than \5,000, whereby single tomed to taking public transport, not the train income families face a significant tax disadvan- from Clonsilla, popularly known as the Calcutta tage compared to families where both parents are express, which has only a small number of car- working. In a country where child care is so riages and on which people regularly faint as it expensive and where housing is now so dispersed, is so crowded. This is the Minister’s answer to particularly in the greater Dublin area and Leins- problems of climate change. ter, many parents have no option but for one of The Minister seems to be unwilling to offer any them to give up work when their children are leadership. Most countries operate wind energy young, particularly if they have two or more chil- regimes which provide small, but significant, dren, never mind that the family may decide that alternative energy sources to carbon. Incidentally, doing so is in the best interests of the family. That countries such as Denmark have grown a vibrant is not addressed at all in the Finance Bill. The economic sector out of the development of alter- Minister has allowed the gap to widen. native fuel strategies, both in building com- The Minister has proposals in the Bill for some ponents for capturing wind energy and in all the stamp duty reforms, including a confirmation that design elements involved. Denmark, like Ireland, families may gift a site up to \254,000 or up to is a small country with a critical urban-rural mix. one acre to a child or children free of stamp duty It tries to balance this mix and is doing so some- and capital tax. While the Minister argues, under- what successfully. standably, that these measures are a tightening of Much of our carbon usage literally goes up in existing schemes which have emerged as being far smoke. Where is the imagination to insulate the too generous, as valuable lands of as much as ten tens of thousands of inadequately insulated acres including quarries, etc., have been gifted to homes, many of which were built in the construc- children who have avoided stamp duty and, pre- tion boom in recent years? Could the Govern- sumably, other capital taxes, this is startling news ment not even look after the inadequately insu- to ordinary PAYE workers who do not own lands lated homes of older people? Pollute now and or sites to gift to their children. Their children pay later is the underlying message of this Fin- must pay stamp duty on a second-hand house ance Bill on climate change. costing over \317,500, even if he or she is a first- In recent days Chambers Ireland produced an time buyer, or if he or she is trading up from a interesting idea, that there should be a shadow first home to a modest family home when they carbon tax to give a sense of what it would cost have children. In the long run, we want families to rebalance the tax system to take account of to be successful in Ireland. Much of our future climate change and reduce that fine of over \270 economic prospects are built on this. 1587 Finance Bill 2007: 6 February 2007. Second Stage 1588

[Ms Burton.] sioners’ pre-budget analysis. The purpose of the New tax breaks for property-based develop- policy was to incentivise, as far as possible, both ment were included by the Minister in the Bill. parents in a family to go out to work, regardless Last year the Minister, the Taoiseach and even of circumstances. the Ta´naiste agreed with me that it was scandal- It is important to note that there are as many ous that millionaires paid no tax, and that most single income, married households in Ireland as of the people who got away with paying little or there are dual income. According to the Revenue no tax received tax breaks. A single person pays Commissioners’ annual statistical survey up to 31 tax at the rate of 41% once his or her earnings December 2005 there were approximately exceed \34,000. The Minister must contrast this 307,000 of each type of household. There are with a person who will now receive a whole new approximately 75,000 single income households set of tax breaks for developments related to earning between 150% and 250% of average tourism, particularly hotel and holiday cottage national earnings. Most of these families are com- building in the mid-Shannon region. mitted to caring for their children themselves or to looking after aged relatives. This is now one Mr. Cowen: They are excluded. of the most expensive countries in the European Union and the policy of individualisation is cost- Ms Burton: It is limited to 50% and also ing them dearly. includes a restaurant, but not a pub. I am used to Most of the earners in these single income accountants and tax advisers and it does not take families are employees, not owners of businesses, much ingenuity to create attractive tax avoidance because spouses and children of owners of busi- schemes. Previously, in less politically correct nesses and family companies can go on the books times, one could have used the back of a cigarette of that business as employees or directors, as the packet and now all it would take is half a page. \ Minister knows. More than 80% of these 75,000 The point is, a person on 34,000 with some over- middle income households fall into this category. time will pay tax at 41%. The Minister for Fin- They are people who cannot afford cre`che and ance, Deputy Cowen, promised he was phasing travel fees and have had the decision made for out these schemes last year but now he has a new them in many cases. They are people with sick or one, much of which relates to his own political disabled children in need of special care that has backyard. The schemes are a vote getting been denied them. They are people who have eld- measure for the property industry to ensure the erly parents or relatives who require additional situation continues, whereby some very privi- care. They are the people who choose to care for leged individuals pay little or no tax. family members at home for long periods rather The former Minister for Finance, Mr. than use nursing homes either because they are McCreevy, introduced individualisation as a way not available or they cannot afford them. to get more women to join the workforce. He acknowledged this himself but the country is This discrimination was introduced to make more complex today in terms of spatial strategy work a more palatable choice. However, this is and where couples can afford to buy a house. not possible without the provision of many The gap between taxes on single income services at a community level, which the Govern- families and families with two working spouses ment never had any intention of providing. continues to widen as a result of the changes the My colleague from the Kerry South constitu- Minister for Finance made this year. A single ency, Deputy Moynihan-Cronin, pointed out that income family can now pay up to \5,250 more in the home care package for one elderly man in her tax than its double income counterpart, compared area, as set out by the Health Service Executive, \ \ to \5,060 last year. The gap relating to allowances HSE, came to 60 per week. What will 60 buy has been widened by several hundred euro. The in terms of a home care package? standard PAYE, tax credit for each working Individualisation continues to widen the gap spouse is \1,760. The home carer’s allowance has between single and dual income families and remained fixed at \770. Therefore, the gap has ignores the reality that people’s lives change widened, potentially, to \990. As mentioned, the more than once during their lifetimes and that single parent’s tax credit in the Bill has gone up many people will need or want to take time out from \1,630 to \1,760. The single income family a various stages, particularly relating to child care has been left standing in this Finance Bill. or care of the elderly. How many of us have This is not an easy issue but we must, as a already taken time out to look after our parents society, give it consideration. The budget for 2007 in their old age or will want to do so in the has exaggerated the discrimination in taxation future? Is it right that we should suffer a double between these two types of family by continuing penalty for doing so? Loss of income is a choice the policies initially introduced by Mr. McCreevy that people who care make, but to pay more tax, through individualisation. The cost of these at the rate they are paying, is a choice that has measures to families is now close to \700 million been forced upon people by the Government for per annum, based on the Revenue Commis- the past eight years. 1589 Finance Bill 2007: 6 February 2007. Second Stage 1590

If one works in Dublin and moves to Kinnegad, deals that each netted the movers and shakers Gorey or Tullamore to get an affordable family involved savings of \30 million plus. The Minister home and have two children, cre`che fees could is silent on this issue. cost up to \300 per week, with commuting times I welcome the provision exempting sports of four hours and more per day. Small wonder bodies from stamp duty. While discussing the past that in this situation many families decide that it two Finance Bills, I referred to GAA clubs hav- is better for one parent, usually the mum, to opt ing to pay stamp duty on fields they buy rather out of work or reduce working hours while the than availing of the exemption that applies to children are very young. The alternative of get- charities. I am glad the Minister has listened to ting children up as early as 6.30 a.m., taking them my proposal in this regard. to minders and then doing the long commute is The Labour Party has proposed a number of so hard that many families do it for a year or two reforms concerning stamp duty. We have talked but, particularly when the second baby comes about the introduction of a stamp duty allowance, along, decide that one parent has to take time or tax credit, attaching to the family home or the out. principal private personal residence such that Children need time with their parents. Parents duty would not apply to second homes or invest- need time with each other and with their children. ment properties. The stamp duty regime would The burden on families of our current develop- be reformed in order that it would only be pay- ment policies on housing and commuting are not able on amounts over the threshold. That good for relationships and we all know this. Any- measure could be introduced either singularly or one who has had a child or cared for a child over a period of years, as resources permit. knows that the early years fly by rapidly and do Stamp duty thresholds should be indexed on an not come back. When one adds a \6,000 tax pen- annual basis. If indexation were applied annually, alty for the decision to opt for home care it makes it would reduce the risk of spikes in house prices one wonder how family friendly the Government when the threshold is raised on a once-off basis. really is. This is what happened the last time the former It is almost as though the policy of individualis- Minister for Finance, Mr. McCreevy, increased ation continued like an unchecked juggernaut the threshold significantly. It was clawed back after Charlie McCreevy introduced it. It grew and within a couple of months by the property grew and nobody has examined it to see if what industry. was appropriate seven or eight years ago is still The Labour Party also wants to examine a appropriate now, in its expanded and hugely system of relief for older people who are downsiz- costly phase. I find it problematic that the ing to a smaller family home or arranging per- Government considers things gone, done and sonal retirement care facilities. dusted and considers that we must merely live Let me turn to the new scheme the Minister with the consequences. has introduced in respect of the Shannon region. This policy of individualisation has led to dra- His constituency is one of approximately six or matic transfers from families with children and seven, all within a 12 km radius of the mid- dependants to two income households, many Shannon area, to benefit from his proposals. He without dependants. This is the reality of Govern- needs to show us what his scheme involves to ment policy towards the family and care in the ensure it is not a vehicle for the high flyers and community and it provides a startling contradic- very well heeled to avoid paying their fair share tion to some of the rhetoric we heard this week of tax, as is the case with the other property- and last week about the \184 billion in the based schemes. national development plan. It is time we debated Goodbody Economic Consultants, in a report this matter. published during the passage of the Finance Bill The Minister for Finance made a number of last year, stated the cost of area-based tax incen- changes relating to stamp duty in the Bill. They tives to the Exchequer was very high and that the are unlikely to benefit the first-time buyer or the area-based schemes already in existence were and person trading up from a first to a family home. would cost the Exchequer many tens of millions The scheme for gifting an acre, or a \254,000 of euro. In its review of the schemes it stated: site, is well and good for those who have such These tax costs are high relative to the out- sites. As the Minister stated, the provision in this puts achieved. For example, the present value regard tightens a loophole that was obviously of tax costs represent up to 43% of the building open to abuse. In the course of discussing the Bill costs associated with developments undertaken will the Minister outline the instances and costs as part of the schemes. of the abuses in the structure? He did not address the issue of large property deals in Dublin such as The fact is that the Minister has decided to blat- that concerning the Irish Glass Bottle site which antly fly in the face of his expensively com- seemed to escape stamp duty or property tax missioned consultants’ report and the statement through an arrangement for a transfer of shares of the Taoiseach and others that the property- rather than property. I have spoken before about based tax schemes would be wound down, partic- 1591 Finance Bill 2007: 6 February 2007. Second Stage 1592

[Ms Burton.] more realistic \150,000 and by doubling the figure ularly in the context of the construction boom for each company from \1 million to \2 million. which we are still experiencing and the inflation- In particular, I was very disappointed that there ary impact of such schemes on property prices in was a failure to countenance any real reform of the designated areas. It is particularly worrying the stamp duty system and no joy for first-time that the scheme has been announced without any buyers of second-hand homes. There was much evidence, cost-benefit analysis or consideration hope there would be real reform in this area but for the overall environmental impact on the it is regretted that it did not occur. First-time buy- beautiful Shannon region. We need to learn from ers are placed on the horns of a dilemma in that earlier schemes which resulted in certain mass there is no change to the threshold of \317,500, developments of apartment blocks and holiday despite the fact that the average price of a home homes in parts of the upper Shannon region that is in the region of \350,000. This is a weakness. simply do not appear to be sustainable in the long Estate agents have indicated that house prices run. Where is the environmental audit of such have risen by upwards of 12% in the past year. schemes? When the former Minister for Finance, County Leitrim has topped the league with an Mr. McCreevy, announced the upper Shannon increase of approximately 28%. Nevertheless, the relief scheme some years ago, he said it would stamp duty threshold remains static, at \317,500, make a Klondike of the region. The Klondike and any prospect of stamp duty reform appears made the gold miners and others who could get to be a distant dream, as prices continue to reach there rich. However, one must question the cur- astronomical levels. Families anxious to trade up rent position of the Klondike and its economic will be hit with a double or triple whammy, as activity. they will have to factor an extra \40,000 to We want long-term sustainable investment and \60,000 into their calculations. development in beautiful areas such as the One of the most punitive aspects of the unfair Shannon region. We want quality employment stamp duty system is that house buyers are forced rather than quick bucks for property developers to pay the higher rates for the full value of their who build and then leave the locals to play catch- property, not merely on the small excess above up forever afterwards, which practice is not sus- \317,500. If they were to pay the difference tainable. One should bear in mind that those who between \317,000 and \350,000, the system would will benefit from the schemes are not the ordinary be a lot fairer. Joe Soaps. They are earning incomes of millions Section 97 of the Bill provides a stamp duty tax of euro and pay little or no tax, even under the break for parents who transfer sites up to one arrangements the Minister introduced last year, acre, or with a value not exceeding \254,000, to compared to the single person on an income of each of their children to construct a private resi- \34,000. If the latter is offered overtime, a bonus, dence. I do not know how many “regular” or “or- a second job or extra work, he must pay tax at a dinary” families would be in a position to do this rate of 41%. This is not fair. for their children. The relief is aimed at wealthier families who will benefit a little more as a result. Mr. Connolly: I propose to share my time with One stamp duty adjustment that is to be wel- Deputies Cowley, Boyle and O´ Caola´in. comed is the exemption for amateur sports bodies, a matter referred to by Deputy Burton. An Leas-Cheann Comhairle: Is that agreed? The Independents have lobbied for such a Agreed. measure. These voluntary bodies provide many facilities, which is to be welcomed. No doubt the Mr. Connolly: I welcome the opportunity to initiative will be very popular throughout Ireland speak on the Bill. It is characterised by an because the vast majority of sports activity is approach of tweaking and tidying up by the amateur and most clubs strive to have their own Government prior to the adjudication of its stew- premises. ardship in a few months. The Bill’s main function The Bill provides a new set of generous prop- will cover the implementation of the tax changes erty-linked tax breaks for tourism in a number in the budget and make adjustments to tax credits of midland counties. Known as the mid-Shannon and bands. It will make a rather tentative effort corridor tourism investment scheme, it is at tax reform. designed to stimulate investment in the area. I In recent years foreign property has been have no doubt it is an ambitious plan, but there attracting Irish investors who have ploughed huge are parts of the BMW region that have been sums into holiday homes in locations as far-flung starved of investment. There has been an under- as Shanghai and the Bahamas. The revamp of the spend in large tracts of the region. I should like business expansion scheme would appear to be an to see that type of imaginative initiative being effort to counter this major outflow of investment examined for the wider region. There are many funds in that it improves incentives for investors borderline examples between the standard in the scheme. This is to be achieved by raising income tax and the 42% rates. Many would wel- the upper limit for investments from \31,000 to a come the opportunity to have their pension fund 1593 Finance Bill 2007: 6 February 2007. Second Stage 1594 topped by the \2,500 under a transfer of \7,500 to pay rent were lying empty. Now they are being from their SSIA account. An alarming figure was sold. Therefore, this cannot be said any more. released recently by the CSO which showed that The alarm bells are ringing because of the over- 50% of the population does not have any pension development along the east coast. If Ireland were cover. There is an opportunity here for us to do afloat, the east coast would be well under water. something about this. In fact, more than half of It would, therefore, make great sense to get away SSIA account holders were not regular savers. If from the ass and cart pace at which people have the Government matched the pension schemes to move in Dublin, as compared to the oppor- on a euro for euro basis, many new savers would tunities on offer in the underpopulated and find this very attractive. underdeveloped west. It would have made much sense for the Minister to have allowed this special Dr. Cowley: I am more worried by what is not scheme for manufacturing in the region, along the in this Bill. I was very pleased that the Minister lines of that in Shannon Airport. This would be for Finance looked after a number of constituenc- of major use because we are still trying to catch ies, his own included, on the River Shannon. I up. The Minister is well aware of the \3.75 billion welcome this. Since I entered the Da´il I have underspend in the national development plan in been anxious to see such an initiative taken as the BMW area. That shows there is a serious regards my own area. I am speaking in particular problem. about Ireland West Airport at Knock. This is a Ballina is an area which does not even have an wonderful catalyst for the development of the industrial park. IDA officials paid something like west which has come on in leaps and bounds five visits since 2000 in the company of industrial- under Mr. Liam Scollan, its CEO, and chairman, ists. However, there is no industrial park to bring Mr. Joe Kennedy and his board. It is a wonderful them to. That fiasco is ongoing, and it must be success story and it is vitally important for the realised that there is a great need for some type area that this international airport has a special of tax incentivisation scheme for County Mayo provision. They are working on a 65-acre business and, above all, for Ireland West Airport, Knock. park at present to facilitate knowledge-based The Minister has looked after the horses as industries and hi-tech manufacturing in inter- regards allowances for the equine industry, but nationally traded companies. They will be mar- how about the homo sapiens? They deserve some keting this programme at the end of the second recognition too. The west is still the most econ- quarter this year. I ask the Minister to think omically deprived area of Ireland. I am glad to about this in the future because it is badly see the Minister preaching balanced regional needed. There is a great need for some positive development but I wish he would practise what discrimination. The Minister has proven himself he preaches. Where there is a will there is a way, in this regard. I have raised this in the Da´il on as I have said to him before. However, the will at several occasions, and I have been disappointed this time was for the Shannon basin. I only wish because there never has been any positive it were there for the industrial zone at Ireland response. West Airport. This is why I was pleasantly surprised that the Ballina has an unemployment rate of 11%, Minister had introduced the Shannon-based equivalent to twice the national average. There scheme, and I had hoped he would do the same are more people on the live register in Ballina for Ireland West Airport, Knock. It dealt with than in the entire county of Roscommon. We 35,000 passengers in December. When one con- have lost a net total of 1,000 jobs net in the past siders the enormous numbers coming into Dublin nine years. All told, there is a great need for a Airport, it is certainly in everyone’s interest to proper road into Ballina. The N26 is an absolute have balanced regional development. This is one disgrace. I thank the Minister for his attention way the Minister might have done this, through and ask him to bear in mind what I have just said. the Finance Bill. I am very disappointed that such provision is not made. There is a \45.9 million Mr. Boyle: I congratulate the Minister for Fin- investment programme in Knock airport, which ance on introducing his third Finance Bill. This is has started. It is looking for dedicated funding of his third set of budgets and Finance Bills to come \30 million to extend the apron and for a number before the House, a trilogy. It is something not of other matters that need to be dealt with. There many of his predecessors achieved and it gives us must be some positive discrimination, however. the opportunity to assess over a three-year period Banks will not invest in the west as they should. the Minister’s medium-term plan and how it has They say there is an insufficient footfall there for succeeded. industry as regards projects and so on. It is On the positive side the Minister has achieved strongly rumoured that the agencies are telling to a certain extent a degree of redistribution that manufacturers in the west of Ireland to go to was quite beyond the ability or willingness of his China and elsewhere. Already IDA factories are immediate predecessor. That said, such redistri- being used as car showrooms. It was a scandal bution was quite modest and has been achieved that IDA factories on which the Government had at a time when the opportunity for wide scale 1595 Finance Bill 2007: 6 February 2007. Second Stage 1596

[Mr. Boyle.] the Residential Institutions Redress Board seem reform could have been taken, but was not. I like a hiccup. We could be talking about sums appreciate the Minister operates under a certain that reach \1 billion or \1.5 billion, owing to the number of constraints, including the fact that he measures the Government has chosen not to put has a coalition partner who apparently believes in place and its decision to underestimate the that a little inequality is no bad thing. However, scale of the problem. as we approach the general election it is not what I see little or no reference in the Bill to the Government is promising in the recently environmental measures. The Minister states announced national development plan but rather some measures need the approval of the Euro- what it has achieved, particularly in its second pean Union. Some of his much vaunted measures term in office, that it will be judged on. On those have taken 18 months to arrive, having been grounds there are scores of missed opportunities announced in previous budget speeches and Fin- and this Finance Bill in particular highlights the ance Bills. At a time when the EPA informs us mix and gather approach the Minister has taken that the position on carbon will get far worse, the to what may be achieved in the course of his brief. Minister and the Department have chosen to say The Minister has closed a number of tax loop- nothing. The three pages on environmental policy holes and that is to be commended. However, it in a 30 page speech count for nothing in terms of must be asked what the procedure was that the Government’s credibility. allowed these loopholes to be created in the first What is so special about the horse breeding instance. Why was there not enough consider- industry? Why has the Minister decided that this ation at departmental level or why was this House industry, above all others, should be paying little not allowed to debate at committee level and or no tax? It effectively pays no tax. The identify these loopholes? One particular loophole measures introduced in this Finance Bill mean he has identified is the exemption for people who that there can be a carry-over from the current have been gifted property residences in which arrangement into the new one which will be put they lived for more than three years. That has in place in August 2008. The expenses incurred been a tax loophole since 1999 and he is closing in running a stud farm can be counted twice, both it off now because he and his Department have to assess profit and against the tax liability. The discovered there is widespread abuse. There is Minister is creating a capital allowance for the also an onus on the Minister to say, now that this purchase of stallions that can be written off over loophole has been identified, how much it has a four-year period. This invites comparisons with cost in tax forgone, not just in terms of tax relief, the old “Scrap Saturday” sketch of the cow that but in its abuse. The loophole was created by was transported back and forth over the Border. I people who have exploited it and another, per- can see a future satire involving Sinbad the super haps on a smaller scale, concerns the children of stallion who will be sold every four years to property owning parents renting accommodation different studs, with the amounts written off. This in their own homes. This seems to have been is just like the loophole in risk equalisation which exploited at another level. The fact that his the Minister for Health and Children failed to Government has introduced tax reliefs, budget spot. If the Bill provides loopholes that allow after budget, on an unthought and costly basis for measures to be changed after four years, such the taxpayer is again something on which it will loopholes will be exploited. The Minister has to be judged. explain why he has created this one. The second area is of particular interest to the The Minister might be surprised to find that Green Party and something to which the Minister the Green Party supports business expansion devoted a great deal of attention in his budget schemes. The net result of increasing indigenous speech. Some three pages of the 30- industries is badly needed. The difficulty we have 7 o’clock page speech were devoted to with the Minister’s proposed changes is that we environmental matters. He did not have not properly assessed the effects of the cur- say much in those three pages. The end result is rent scheme. The recent study which only that of the \300 he promised to put aside, \270 million will leave the country because we must affected 35% of those availing of BES schemes pay Kyoto Protocol credits. However, we now does not give us enough information to make know that the Minister vastly underestimated the decisions. The Minister needs to be forthcoming, figure. The EPA will soon announce figures be it through the Revenue Commissioners or the showing that our carbon emission levels are actu- Department, in releasing more detailed infor- ally rising. The Minister based his figure of \270 mation on the people applying to participate in million on the premise that the cost of carbon cre- BES schemes. We can then make a proper assess- dits and the amount needed would be much lower ment of their real worth, which must be to than is now the case. Deputy Burton was of the increase the number of businesses and jobs in view that the amount would double, but given the Irish indigenous businesses. Minister’s budget speech and his failure to take The measures supposed to encourage environ- action in the Finance Bill, he is likely to make an mental initiatives are almost insulting. The Mini- underestimate that will make that in respect of ster mentioned one category — recycling. As it is 1597 Finance Bill 2007: 6 February 2007. Second Stage 1598 not specified in the Bill, I suspect it will be open benefit of the increase in personal tax credits and to abuse and that waste management companies the widening of the standard tax band. They are will avail of the measure, rather than recycling the beneficiaries of the 1% cut in the top rate. companies. Contrary to the Minister’s claims, those just below the average industrial wage of \30,000 per Mr. Cowen: A stud recycling scheme. annum gained least per week from the budget. I pointed out during the debate on the budget that Mr. Boyle: The Minister does his own workers on such a wage gained \8 per week, com- recycling, but I would not say it is environmen- pared with gains of at least twice as much per tally sustainable. We hear too much of it in this week for those earning above \35,000. High House. income individuals were granted the highest It was leaked beforehand that sustainable increases in weekly pay as a result of the budget. energy sources would be recognised in the Bill for These are the facts. BES schemes, yet they have not been specified. The Government has attempted to justify the Another opportunity could have been provided cut in the top rate of tax by linking it to the cur- for in the area of regional development. Deputy rent buoyant tax take. It is true that more Cowley mentioned County Mayo, but the revenue than ever is flowing into the Exchequer, situation in the Cork docklands is very much up but from where is it coming? As the Central Bank in the air. As an opportunity, the Finance Bill notes in its most recent quarterly bulletin pub- fails to tick many of the boxes. lished last month, “a substantial factor in this has There are eight sections in the Bill dealing with been the exceptionally large revenues derived the financial aspects of the Criminal Justice Act. from the property sector”. The Government has They seem to be the only ones included in the become ever more dependent on consumption Bill at the behest of the Ta´naiste. The Bill refers taxes, particularly VAT. The revenue generated to licence fees for the purchase of dangerous wea- from such taxes is far more open to fluctuation pons and the three-year period for their achieve- and contraction than that from other sources. The ment. It seems there is a high degree of detail in unpredictability of the amount of revenue gener- one specific area. The licence fees are very mod- ated from these taxes has contributed largely to est and the Government seems to be encouraging the Government’s poor ability to project tax take. a tourist trade in crossbows and firearms. Given The Central Bank report states: the resources available to the Minister, why does he choose to seek such detail about such a small While these have increased much more rap- area? He has ignored so many other areas, idly than forecast from one year to the next, it especially those about which he spoke at length is clear that such strong increases in revenue in his budget speech. He will not be surprised to from this source cannot continue indefinitely. learn that I will attempt to make amendments to It is prudent to provide for some perhaps sig- the Bill insofar as Standing Orders allow me to nificant easing in revenue from this source. do so. Ultimately, my party cannot support the focus of the Bill. The Central Bank is looking ahead. The entirely wrong and imprudent thing to do in this context Caoimhghı´nO´ Caola´in: When he launched the is to cut the top rate of income tax and narrow Finance Bill last week, I was astonished that the the tax base, thereby making the Government Minister for Finance had the audacity to claim ever more dependent on taxes related to con- that the Government was trying to use the tax sumption and the property sector. It needs to be system to ensure those on low and middle in a position to ensure it has the revenue to incomes benefited from the economic boom. The provide public services, to fund social protection evidence contradicts that claim absolutely. Under and to address infrastructural deficiencies, the Government’s tenure, successive income tax especially when the current rate of consumption cuts have benefited high income individuals more and construction slows down, as it certainly will. in real terms than those on low incomes. Mean- As I have limited time in which to speak, I will while, tax expenditures have redistributed wealth focus on a small number of issues. I will discuss regressively in favour of the already better off. many others during the Committee Stage debate. This trend is reinforced in the Bill. If the Minister I would like to welcome a number of measures tried to use the tax system to ensure those on low in the legislation. While Sinn Fe´in welcomes the and middle incomes benefited from the economic decision to keep those on the minimum wage out boom, he would eliminate unfair tax advantages of the tax net, it would have preferred it to apply for the better-off, review VAT charges which hit in circumstances in which the minimum wage was low income families hardest and increase the increased to 60% of gross average industrial earn- restrictions on the use of specified tax reliefs for ings. This has also been sought by the Irish Con- high income individuals. gress of Trade Unions. Sinn Fe´in welcomes the The Bill gives effect to the budget announce- fact that those on the average industrial wage are ment of a cut of 1% in the top rate of income tax. to be kept within the standard tax band. In Those on high incomes received the cumulative addition, I welcome the increase in mortgage 1599 Health Service Reform: 6 February 2007. Motion 1600

´ [Caoimhghı´nOCaola´in.] As the finance spokesman of my party, I have interest relief. Sinn Fe´in had argued for such a made clear on numerous occasions Sinn Fe´in’s measure in its pre-budget submission. As we are position that all tax exemption schemes should be enduring high interest rates following the five ended, except when the economic and social European Central Bank tax hikes in 2006, more value of such schemes outweighs their cost to the could and should be done under this heading. Exchequer. The Indecon review of property- Today’s newspapers have reported that the based tax incentives, already mentioned in the State’s emissions output has again accelerated. It debate, recommended that any “decision to intro- is now heading for a level 25% higher than that duce any new tax incentives should be informed of 1990 and 12% higher than the level set out in by a formal assessment of the likely costs and the Kyoto Protocol target. This further acceler- benefits”. I ask the Minister to tell the House ation is apparently being driven by increases in whether a formal assessment of the likely costs emissions from the transport sector, which brings and benefits has taken place in this case. What is me to one of the most bizarre aspects of the the projected cost of the scheme? Indecon also budget. I refer to the need to introduce a higher recommended that “where there is justification rate of motor tax for vehicles which produce large for government incentives the option of direct emission levels, which should have been public expenditure as an alternative to tax incen- addressed in this legislation. I tabled a parliamen- tives should be considered”. Was such an alterna- tary question on the matter to the Minister, tive considered? I urge the Minister to answer Deputy Cowen, but it was kicked to one of his these extremely important questions. colleagues for answer later this month. In his We have been presented with no clear case for Budget Statement the Minister announced that the introduction of the scheme for the mid- the introduction of a high rate of motor tax for Shannon region. Does the Government have a high emitting vehicles was to be delayed. It seems vision of what is ultimately lying ahead for the that it will not come into effect until this time region and other parts of the country? There next year, and then only in relation to vehicles must be a serious justification before new tax registered after January 2008. Why did the Mini- incentives can be introduced because such ster and his Government colleagues purposely measures reduce the overall tax base and thereby give people a year’s notice of this measure? It impose higher tax burdens on average households amounts to an incentive to purchase high emitting which are not in a position to avail of many tax vehicles throughout this year, which is exactly relief schemes. Such incentives provide many what is happening. Sales of sports utility vehicles people, especially high income earners, with and similar vehicles soared in January, which is opportunities to avoid paying their fair share. contrary to international trends in this regard. In While I wish the mid-Shannon region well, I need many countries a clear slowdown in the sale of to get certain answers from the Minister. Why has high emitting vehicles is evident as a consequence the line been drawn 12 km either side of this great of the actions of governments. national resource? Similarly, the Government announced that it would consider changing the rate of VRT in order Debate adjourned. that it would be based on the level of output of emissions. Such a change is not actually being Private Members’ Business. introduced, however. For some inexplicable reason the Government has merely signalled that ———— it will engage in a process of consultation in this regard. While I welcome any form of consultation Health Service Reform: Motion. on the part of the Government, I wonder about the merits of such a process in this instance. As Dr. Twomey: I move: other governments face the reality of climate “That Da´il E´ ireann, change and move to implement measures to reduce emissions, the Government is long-finger- aware of: ing even these minor measures which would — the fall in the number of acute hospital receive substantial support from the public. I beds in Ireland up to 2001; have to say its approach is unacceptable. I question a number of other aspects of the Bill. — the fact that over 40,000 elective oper- One of the more highly publicised aspects of the ations have been cancelled in the past legislation is the proposed tourism investment two and a half years; scheme of property-based tax reliefs in the mid- — the cancellation of emergency surgery Shannon corridor. As a Sinn Fe´in Deputy, I want due to lack of ICU and HDU bed the Shannon region to be developed to its highest capacity at St. James’s Hospital; potential in tourism. It is highly questionable whether the proposed scheme can go any way — the fall in the percentage of people eli- towards achieving that objective. gible for medical cards; 1601 Health Service Reform: 6 February 2007. Motion 1602

— the shortage of consultant, specialist of the health service. It is clear that the policies and general practice doctors; and published by the Government in the past have not been implemented to any significant degree. — deploring the Government’s failure to The Government’s amendment to the motion reform the health service to enhance before the House demonstrates that the health the quality of services and achieve service continues to be poorly structured, after better value for money; ten years of this Fianna Fa´il-Progressive Demo- calls on the Government to commit to excel- crats Administration. The national review of lence in the quality of care, fair access on the acute hospital bed needs under way will identify basis of medical need, and efficient use of the number of acute beds which will be needed resources by inter alia: up to 2020. That the review will tell us the — beginning immediate planning for an number of beds we will require in 13 years’ time additional 2,300 hospital beds; is a demonstration of the Government’s crazy attitude to the health service. — scrapping the Ministers plan to build Another part of the amendment that deserves private hospitals on public land; comment states: “regrets that some patients have — extending medical card coverage to their operations postponed when priority is 40% of the population; extending GP- necessarily given to emergency cases; recognises only cards to all children under five, that postponements cause upset and incon- who are not covered by a medical venience for patients and their families...”. “In- card; convenience” is not a word I would apply to Rosie. This postponement did not cause incon- — introducing health insurance for all venience but a delayed diagnosis of her cancer. children up to the age of 16 — includ- As a result of the delayed diagnosis, she has more ing an element of free GP care for or less been handed a death sentence by the children from 5 years upwards; Government. — beginning reform of health funding so During the debate on Private Members’ Busi- that the money follows the patient; ness last week the Minister said the HSE had — making progress on the appointment been instructed to provide an urgent colonoscopy of 1,500 new consultants, with a corre- within two weeks for those who require it. I asked sponding reduction in the number of the Minister to define what was meant by an junior doctors in general specialties, “urgent colonoscopy”. If a patient presents to me until a better balance is achieved; with signs and symptoms of what could possibly be bowel cancer, an urgent colonoscopy is — implementing the Fottrell report on required. A number of my patients had pro- medical training to expand the cedures cancelled and they were subsequently number of doctors in training; diagnosed with bowel cancer. They do not have — expanding community support the disease to the extent suffered by Rosie and services for elderly people to live inde- received treatment within a certain timeframe but pendent lives as far as is practicable; it had a significant effect on their quality of life because they required more aggressive treatment — providing at least 1,500 additional con- because of the significant delay in receiving it. I valescence, rehabilitation and long am a qualified doctor and do not send a patient stay community beds to meet current for a colonoscopy unless I consider it urgent. and future needs with 600 of these Every person who needs a colonoscopy should be beds based in Dublin; and seen as urgently as possible. In Britain a great — increasing the number of home help deal was made of the fact that in the NHS hours.” patients had to wait six weeks. In this country one I wish to share time with Deputies McManus, would not even get on the waiting list for a colon- Crawford and Enright. oscopy in six weeks. The amendment “notes the significant increase An Ceann Comhairle: Is that agreed? Agreed. in intensive care and general bed capacity at St. James’s Hospital”. This gets around the com- Dr. Twomey: As the Da´il will sit for just eight ments by the Ta´naiste about crises being taken more weeks before the general election, it is down from a shelf. His insensitive remarks about important that the Opposition should continue to the way patients are treated in St. James’s highlight its concerns about the health service, Hospital shows an unbelievable arrogance. When while outlining its solutions to such problems. commentators from the back benches try to spin The Government’s failure to reform the health their way out of this problem, they say there has service, after ten years in office, has landed us been a 50% increase in the number of intensive with an awful legacy. As I said last week, the care beds in St. James’s Hospital. In actual Government has no clear policies for the future numbers, one new intensive care bed has been 1603 Health Service Reform: 6 February 2007. Motion 1604

[Dr. Twomey.] number of other crises. The Taoiseach should provided in St. James’s Hospital in every year for have fired him or one of his Ministers of State for the last five. In a hospital which carries out such what happened with the illegal nursing home complex surgery one new intensive care bed per charges. year can hardly be considered a record achieve- As a result of the Taoiseach blinking on that ment by the Government. It is time to put real issue, political accountability in the Government doctors in our hospitals, get rid of the spin has gone into freefall. One need only consider the doctors from the Government benches and issues that have arisen in the past 12 months. deliver these services. It is a 50% increase on very There was the failure to act in the Leas Cross little. St. James’s Hospital should have a massive crisis, for which we still do not know if anybody intensive care unit in view of the complex surgery will bear responsibility. Tonight we saw on the carried out there. “Six One News” that a lady who worked in the There is also the Minister’s co-location plan to blood laboratory will become a scapegoat for the provide new facilities on the campuses of public huge hepatitis C crisis. We have seen what hap- hospitals. It was interesting to hear on the news pened in Leas Cross and to a number of patients this evening that she intends to sign these con- in the nursing home sector during the Minister’s tracts in May but that she will also insist that the term of office but nobody is taking responsibility consultants’ contract is renegotiated in the next for it. What will happen in that case? Will a junior seven weeks. I am glad there is some reality in clerk in some department in north County Dublin the Department. An investor would be mad to take the rap in five or six years? It is a shocking sign a contract for the new private hospitals with- disgrace in respect of how the health service is out seeing what the new consultants’ contract will being run. offer. The success of these hospitals depends on What happened with BUPA and with regard to a new private consultants’ contract, and there is the loophole that will impact on the private none. patients of VHI? A total of 1.6 million customers Patient care is another issue, and the Minister of VHI will see their premiums go through the has been extremely evasive when I have asked roof. Much of this is related to Government questions about it. If consultants are taken out of policy and the fact that the Minister is trying to the public hospitals, patients will be exposed to build co-location hospitals and increasing charges the care of less senior doctors. The Minister will for private beds. A former colleague of the Mini- make the current situation worse. In the private ster, Mr. Charlie McCreevy, is trying to impose hospital one will see the consultants going home sanctions from elsewhere in Europe. In addition, at 5 p.m. and the patients there will be under the the usual health inflation issues will impact on care of doctors who are not in training and are premiums. What happened with regard to the unsupervised. Both private and public patients, BUPA loophole, of which the Minister was therefore, will get an extremely raw deal from informed a year ago? what the Minister is offering. The amendment asks us to support the Mini- Ms Harney: I was not. That is not correct, as ster in negotiating the consultants’ contract. This the HIA has confirmed. time last year I offered her my full support when she said she would introduce public-only con- Dr. Twomey: The Minister has failed to deliver tracts if the negotiations did not get under way an implementation plan for the cancer strategy. quickly. At the time I asked her to put a time- This means the policy guiding Government frame on the negotiations and suggested that it cancer services is the one produced by Deputy be the end of March. Nothing was done. Why did Noonan in 1996. I studied the Minister’s response the Minister do nothing throughout 2006 to push to the Private Members’ motion last week. Of the the consultants’ contract talks forward? There are eight issues she raised, five related to what she eight weeks of the Da´il session remaining. If would do in the future. Only three related to what there is any delay, we will be in the middle of an had been done over ten years in power. That is a election campaign with no new consultants’ con- hopeless record. tract. The Minister should be more honest about It is difficult to find out the truth. The Minister, why this process fell apart. for example, says a sum of \44 million has been The best way forward is for the Minister to provided for primary care teams. There are no chair the talks. At least then we would know such teams in County Wexford. I welcome the whether the talks collapsed because of what the Minister’s visit to the county next week and hope consultants or the Department and the HSE were that, like the Scarlet Pimpernel, she might—— doing. The consultants’ contract talks of the last three years have been the most unbelievable non- Ms Harney: The Deputy is welcome to attend sense and I am surprised the Minister allowed it the conference. to continue under her stewardship of the Depart- ment. I would not mind if it was the former Mini- Dr. Twomey: ——be able to find some of these ster, Deputy Martin, given his failure to act in a primary care teams. 1605 Health Service Reform: 6 February 2007. Motion 1606

Ms Harney: The Deputy, with Deputy interference in the HSE and stated I would like McManus, could listen to the health debate. to see the HSE reined in. The report demon- strates what I mean by the need to rein it in. In Dr. Twomey: I have searched high and low the days of the former health boards there was across County Wexford and still cannot find political interference but also political responsi- them. There should be at least three in the county bility to some degree. Now we are left with the by now. political interference and no political responsi- The Government gave a commitment to bility. The Minister constantly tells us that these provide 800 long-term beds in the public sector are issues for the HSE to deal with but there is this year. However, in a response to a parliamen- evidence of significant political interference in tary question about the programme for additional the health service, a matter about which we will publicly-owned extended care beds, the Minister question Professor Drumm in time to come. The said an additional 446 beds would be provided response of the board of the HSE to this alle- this year. The other 400 will be provided in 2008. gation is a clear indication of how it occurs. This is simply spin that she is doing something for Fine Gael will improve access to primary care the health service. The reality is different. For for both young and old. We will provide a doctor- that reason it is difficult to know whether the only medical card for every child under the age \400 million provided for care of the elderly of five years. Both my wife and I are general prac- services is actually spent there. titioners but we have often had to weigh up The former director of primary care services in whether to give one of our children an antibiotic. the HSE once attended a meeting of the health We have three young children under the age of committee. When he was questioned about the six years. The financial element in a parent’s number of home help hours being provided by decision on whether his or her young child the HSE, he said he did not know the number, as requires a medical opinion needs to be taken the HSE had no way of measuring the total away. This is the reason for the Fine Gael pro- number. We do not know if the services the Mini- posal. It proposes to provide health insurance for ster says are being provided for care of the eld- every child under the age of 16 as a way of mak- erly in the community are being delivered by ing all children equal, rather than simply paying the HSE. lip service by means of a referendum on chil- It is not the only area of the health service dren’s rights as proposed by the Government. where everything appears to be disjointed and I will allow other colleagues to speak on the out of kilter. It is possible the nurses will go on other Fine Gael policy proposals. Reform is strike, although the Minister and the Taoiseach about matching resources such as manpower, do not have much to say about it. The Minister beds, theatre space and occupational therapy places a great deal of emphasis on what the services and dealing with industrial relations general practitioner and primary care can do in issues. It is about time the Government showed the community. real leadership in delivering services for the From next year no doctors will be trained in people. Cork because all those who train young doctors there have pulled out owing to the protracted Ms McManus: I thank Fine Gael for ensuring negotiations with the HSE. A successful training this motion was jointly proposed by the Labour system for young doctors has collapsed and is Party and Fine Gael. The motion sets out a road imploding. Significant numbers of qualifying map for a Government that has lost its way. physiotherapists are not being employed by the Instead of consistency, Fianna Fa´il and the Pro- HSE, even though they are badly needed. Occu- gressive Democrats have lurched alarmingly in pational therapists play a significant and different directions on health policy. Instead of important role in defining services for those with commitments made honourably, the two Govern- disabilities and the elderly who need facilities to ment parties spewed out promises that were dis- make it possible for them to live in their own honoured within months of the last election. home. The Minister constantly refers to people There were to be no cutbacks, an end to waiting living in their own home and the care of people lists, 200,000 medical cards, 200,000 GP-only with disabilities, yet one of the key factors in the cards and 3,000 acute hospital beds. The reality is delivery of such services — occupational thera- a shameful record. In 2002 the Government pists — are not available. It is unacceptable that health strategy promised “immediate benefits for the waiting time to see an occupational therapist substantial numbers of people and the construc- is six months. tion of a health system which in little more than The sham report on radiotherapy services pro- half a decade will be immeasurably improved”. I duced in July 2005 shows that the Minister has remind the Minister that we have reached that contempt for those who require radiotherapy. It half decade and no one believes that the prom- is also a sign of arrogance and a pointer to the ised improvements have materialised. way the HSE works. I stated I have my own con- On the contrary there is a low level of morale cerns about political accountability and political among staff and a high level of anxiety among 1607 Health Service Reform: 6 February 2007. Motion 1608

[Ms McManus.] seen by a doctor. That woman will never appear patients about many aspects of the health service. on a HSE bulletin because only people who have More than anything there is an aching need for been seen by a doctor and are waiting for a bed reassurance in the public psyche. Many people will be counted on the trolley watch. have simply lost faith that the immeasurable Those working in accident and emergency improvements will ever be made. The Govern- departments face considerable pressures. Speak- ment has clearly failed in the task it set itself but ing on “Prime Time” last month, Dr. John those on this side of the House have not. For the McInerney, emergency medicine consultant at first time well in advance of an election, two the Mater hospital, said, “Over recent months major political parties in opposition have engaged there has been a regression to the same problem in the preparation of a major health plan. It is a as last year”. A new trend has emerged as a result significant initiative which provides the spring- of the concentration on shortening the time of board for a new and better Government capable accident and emergency patients on trolleys. The of meeting the needs of patients and those who cancellation of elective procedures is escalating. care for them. The Taoiseach, when asked, refuses to counten- I remind the House of the record: of Our Lady ance the word “cancellation”, but for anybody of Lourdes Hospital inquiry report, the report on being told to wait for cancer care or a heart oper- the death of Mr. Pat Joe Walsh, the report on the ation there is no other description that matches death of Mr. Peter McKenna, the report on the their experience of finding that all the intensive death of Ro´ isı´n Ruddle and the Leas Cross care beds are full. At a time when St. James’s report. These are only some of the reports that Hospital did not have enough intensive care beds have examined the institutional abuse of elderly, to meet its needs and major procedures were can- frail people, the surgical mutilation of young celled, intensive care beds in another Dublin women and the death of a middle-aged man who hospital were lying idle. They had not been com- bled to death in a ward of a modern Irish hospital. missioned owing to a lack of staff and resources. There is also the anecdotal evidence that arrives on our desks on a regular basis. I refer to Ms Harney: To which hospital is the Deputy the patient who was not informed he had contrac- referring? ted MRSA and whose family only discovered the fact when it appeared on the death certificate, the Ms McManus: I will tell the Minister after- patient who had been waiting more than five wards. I am more cautious than the Minister months for open heart surgery because he did not when I make statements but I am quite happy to have private health insurance and the case with give that information to her. which we are all familiar, the tragic case of Rosie from Kilkenny whose life has been so tragically Ms Harney: Is it a public hospital? foreshortened. The evening news today was full of stories about health. One of the issues not Ms McManus: Yes, it is a public hospital. I referred to by Deputy Twomey is the problem of would have thought the Minister would have nursing shortages in Our Lady of Lourdes heard about it. However, I will be happy to give Hospital. I refer to paediatric nurses not in place, her the information. accident and emergency patients on trolleys and With regard to the situation in Our Lady of staff members concerned about the risk to Lourdes Hospital, we hear from the Minister that patients. we have too many nurses but time and again Last March, the Minister was forced into facilities cannot be used because there is a declaring a national emergency with regard to the shortage of nurses. This raises issues regarding accident and emergency departments around the the consultants’ contract. While I want the con- country when it emerged that 500 people were tract renegotiated — it is a scandal that it has on trolleys. There has been ongoing disagreement persisted for so long — I also want to ensure it about the accurate and exact number of people does not become inoperable and the current non- on trolleys. Last night I telephoned the person in sensical problem, whereby hospital consultants charge of the accident and emergency depart- are unable to work due to shortages of staff, beds ment in a major Dublin hospital. She painted a or operating theatres, is not prolonged. Regard- picture which is radically different from the bull- less of what one thinks of hospital consultants, etins issued by the HSE on a regular basis which most of them work hard, like to work and feel state that things are getting much better. A man- frustrated when prevented from performing oper- ager of an accident and emergency department is ations or procedures because the Government, under fierce pressure because some patients on despite the unprecedented level of resources at trolleys never appear in the HSE statements as its disposal, has failed to provide the necessary they have not been seen by a doctor. I refer to infrastructure. Overlaying this scenario with the case of one old lady who was there from additional consultants without first providing an morning to night, with no food and sitting in a infrastructure will create problems. The Minister wheelchair, and at 11 p.m. she still had not been must be honest about what she proposes. 1609 Health Service Reform: 6 February 2007. Motion 1610

While it is popular to take on the consultants, of the population with a medical card has what does it mean in reality? Resolving problems declined from approximately 34% to roughly in the health service requires much more expla- 29% since 1997, this statement is not true. The nation, thought, investment and reform. While it rules of the game require that the Official Record is easy to have a populist catch cry, it is difficult reflect the truth. to rectify the problem. The Minister will have my The GP-only medical card, of which 38,000 party’s support if she takes the correct approach have been issued, is a joke. but we will be quick to point out any flimflam should she engage in it on this issue. Ms Harney: The figure is 60,000. It is worth reiterating the proposals outlined in the motion because they address a number of the Ms McManus: On 17 January I received a reply core problems in the health service, not all of from the Minister indicating that 38,000 GP-only which occur at hospital level. The Labour Party cards had been delivered. She now claims the fig- recognises that a rebalancing towards primary ure is 60,000. care is critical because too many of those who end up in hospital do not need to be there. We must Ms Harney: I am pleased to note the figure has shift many patients towards accessing care at increased rapidly. The publicity campaign is community and primary care levels. Serious working. reform of health service management is also required. We propose a major drive towards pre- Ms McManus: I ask the Minister to provide ventative medicine and children’s health through accurate information in her replies to parliamen- the provision of medical cards to 40% of the tary questions. In many cases, Deputies do not population and free general practitioner cards for receive any information. I am perfectly justified all children under five years of age. The develop- in citing information included in a reply to a ment of an insurance-based system for those aged parliamentary question, dated 17 January, which under 16 years is a first step towards a truly inte- indicated that 38,000 GP-only medical cards had grated service, to which both the Labour Party been delivered. and Fine Gael Party are committed. The Government side has produced a daft pro- Ms Harney: The House was in recess on 17 posal to build private, for-profit hospitals on January. public lands. It tries to sell the notion that these facilities will result in the delivery of 1,000 Ms McManus: That is correct. additional public beds. The Government’s approach will not deliver 1,000 beds because it is Ms Enright: The Health Service Executive not a case of substituting like for like. In addition, rather than the Minister replies to parliamentary the proposal does not enjoy broad support either questions. on the medical side or at political level. Interestingly, Professor Drumm implied criti- Ms Harney: The correct figure is 60,000. cism of the Minister’s proposal when he expressed the fear that, having entered a Ms McManus: Let us not quibble about a dif- hospital’s grounds through the same gate, private ference of a few thousand. The figure will and public patients will go their separate ways, undoubtedly continue to increase but I must with the former accessing a nice hospital with depend on the latest information provided in hanging baskets and the latter accessing an reply to parliamentary questions. Even if the under-resourced and inadequate public hospital. Minister’s figure is correct, she gave a commit- Anyone examining the Minister’s approach of ment that 200,000 GP-only medical cards would developing for-profit hospitals at the expense of be issued. building public capacity would have major con- cerns. I sincerely hope the Minister, who has no Ms Harney: The programme for Government mandate to go down this route, will fail in her does not include any such commitment. endeavour and will not reach her target of signing a large number of contracts. Parties on this side Ms McManus: In that case, the Minister’s word are committed to ending this policy, which is bad is not her bond. for the health service, to ensure we secure best value for money and optimum patient care in Ms Harney: A different party made a commit- future. ment in its election manifesto. The Deputy It is important to consider the content of the should get the facts right. Government amendment. While amendments tabled by all Governments are self-congratulatory Ms McManus: I find it odd that a senior in tone, the amendment before us is dishonest. It Cabinet Minister should continually interrupt states, for example, that there are more medical during Private Members’ business. She promised cards now than in 1997. Given that the proportion 200,000 GP-only medical cards. 1611 Health Service Reform: 6 February 2007. Motion 1612

Ms Harney: I am sorry, I thought the Deputy who finished their final examinations last year got was referring to medical cards. employment in the HSE. People in the north-east will not forget that the Ms McManus: I suggest the Minister thinks Minister and her Fianna Fa´il colleagues have before she speaks and I will try to do likewise. failed to deliver the services they guaranteed five We are approaching the end of the Government’s years ago. They knew in their hearts that they term in office. Its failure to meet a commitment had no intention of getting involved. I was glad it made on GP-only medical cards is but one to hear the Minister is going to Wexford this example from a litany of broken promises with week. We would be glad to see her coming up to which patients must cope daily. Monaghan also. I know it is a long journey of 80 miles but it would be worthwhile. Mr. Crawford: I welcome the opportunity to speak on this vital motion on the health service. Ms Harney: Would I be welcome? Once again, people living in the Cavan- Mr. Crawford: The Minister would have been Monaghan region are the victims of bed shortages welcome if she had come on time. in the main Dublin hospitals. In one case a pati- ent has been waiting in Monaghan General Ms McManus: And the Ceann Comhairle. Hospital since before Christmas to have urgent, life-saving heart surgery. If it were not for the Mr. Crawford: Fine Gael played a major role high care unit in the hospital, which the Health in getting services brought back on stream at Service Executive wants to close, I have no doubt Monaghan General Hospital. Both our party the man in question would not be alive today. He leader and Deputy Twomey were up there two was ready to travel yesterday morning but it tran- days in a row trying to do something about the spired that a bed was not available. This morning situation. No doubt, they will provide the extra he was given special medication to prepare him beds, extra medical cards, the 1,500 consultants for the operation but, again, a bed was not avail- needed and an additional 1,500 convalescent able. Others are clearly being given priority. beds. In their short two and a half years in It is unacceptable to right-thinking people that Government, Fine Gael and Labour left a proud a state-of-the-art theatre in Monaghan General record of achievement in the health services and Hospital is lying idle when more than 40,000 elec- the economy generally. I have no doubt that they tive operations have been cancelled in the past will do the same again, if given the mandate. two and half years. Only this week, I received a We hear a great deal about primary care teams six-page report detailing the trauma a man from and home help packages, but when one seeks County Monaghan experienced in a private such services in the Cavan-Monaghan region one hospital on the outskirts of Mullingar. Although does not find them. All areas have a right to fair its services are covered by the VHI and the play and no services, including hospital services, Government’s National Treatment Purchase should be withdrawn from a region until a work- Fund, it has not been inspected or subject to the able alternative is available. That is not hap- same type of reports or inquiries as Monaghan pening, however, and it is a disgrace. General Hospital or other hospitals in the north east. The private hospital answered in writing the Ms Enright: I welcome the opportunity to litany of complaints received without any denial, speak on this motion, which has been proposed by my colleagues Deputies Twomey and accepting that the complaints were justified. McManus. I am disappointed by the Taoiseach’s Surely, the first thing the Health Service Execu- remarks earlier in response to questions posed by tive should do is fully to utilise the equipment, Deputy Kenny concerning the roll-out of the facilities and personnel it has in place in its own BreastCheck service and cervical screening. The units before throwing away money to services Taoiseach deliberately tried to throw sand in our that are unacceptable. I know the Minister got faces by attempting to give the House the that six-page letter. impression that Deputy Kenny was mixing up the For the past ten years, it has been clearly issues of diagnosis and treatment. It is clear that accepted that we have a shortage of consultants, both BreastCheck and cervical screening are specialists and general practitioners. It is nothing designed to see if there are difficulties and to short of a joke, however, to see the present make diagnoses. There is no disagreement on the Government and especially the Minister for fact that treatment is the next issue that comes Health and Children, becoming so active in an into play. I do not believe these services will be effort to solve, or be seen to solve, all these prob- rolled out by the end of this year, which is the lems weeks before an election. new time-frame that has been announced. The Patients who desperately need physiotherapy slow pace of delivery on these services has been cannot obtain such services in the south evident to women around the country. It is Monaghan region because none is available in nothing short of disgraceful. I raised this matter Drogheda. However, none of the physiotherapists in the House last week. Some 16 nurses in the 1613 Health Service Reform: 6 February 2007. Motion 1614 midlands area have been trained for the past two alternative for such people is to attend an acci- years to carry out cervical screening. They are dent and emergency unit. The lack of an ambul- ready, willing and able to do it but they must get ance service in a town such as Edenderry causes the HSE’s consent to proceed. There is no good its own difficulties. These matters have to be excuse as to why this has not happened. examined. Last year, 1,199 operations were cancelled in the Midlands Regional Hospital in Tullamore. An Ceann Comhairle: The Deputy’s time has The Minister for Health and Children’s colleague concluded. in my constituency tried to say that if we have a problem with this we are just against the staff Ms Enright: On the issue of therapies, some of involved, but that is not the case. That this which were mentioned by Deputy Twomey, while number of operations was cancelled in one year some physiotherapists, speech and language is symptomatic of the serious problems facing the therapists, occupational therapists and psychol- entire health service. The hospital services only ogists can gain employment, they are still not four counties so that indicates a huge number of available locally, particularly for children who cancelled operations for that region. It proves need such services. The waiting lists for the vast that we need urgent investment in step-down majority of those therapies are disgraceful, if facilities and the establishment of urgent care people can get on them at all. Giving a child a centres to free up extra beds. few hours of speech and language therapy for a Hospitals should operate on a full-time basis. year is insufficient. At weekends, one sees empty beds in hospitals and in my constituency I frequently hear of Minister for Health and Children (Ms Harney): people being sent home on Friday evenings and I move amendment No. 1: asked to return on Monday mornings. That To delete all words after “Da´il E´ ireann” and should not happen. I realise that extra capacity is substitute the following: required for emergencies but hospitals should not send sick people home at weekends, as is often — welcomes the increase of 1,200 in the the case. That matter needs to be addressed. number of in-patient beds and day I wish to highlight the dangers faced by hospital treatment places since the publication staff in accident and emergency units. I have of the Health Strategy in 2001 and the spoken to nursing staff and the Garda about an plans to open new acute hospital units; incident in Tullamore last week. Gardaı´ had to be — welcomes the unprecedented rate of called to put somebody into an ambulance and expansion of acute hospital bed capa- then had to follow the patient to the hospital’s city since 1997; accident and emergency room where they spent much of the evening keeping a woman under con- — notes the national review of acute trol at great risk to others, including themselves. hospital bed needs currently under way Had those gardaı´ not been available due to which will identify the number of acute another crisis in the town, with the limited hospital beds needed up to 2020; number of gardaı´ on duty, hospital staff would — notes the annual increase in acute have suffered the consequences. We should hospital activity with the result that in examine others proposals and in this context I excess of 1 million patients receive support my colleague’s idea of wet rooms to treatment in public hospitals each year; ensure that safety for hospital staff and other patients is a priority. — supports management actions to I reiterate my opposition to the Minister’s pro- improve the efficiency of use of acute posals to build private hospitals on public hospital hospital beds in order to shorten lengths sites. It is accepted that, by their very nature, of stay for patients and bring average private hospitals want to make money, so they length of stay closer to international will cherrypick the most profitable and least care- norms; intensive procedures. They are there to make — regrets that some patients have their money. However, public hospitals’ land is a dim- operations postponed when priority is inishing resource, especially in our major towns, necessarily given to emergency cases; so it should be kept for public use. recognises that postponement causes I also question the facilities available in the upset and inconvenience for patients community because they are putting pressure on and their families; and supports all man- our hospital system. For example, Edenderry agement actions to free up hospital beds with a population of 9,000 has only four GPs. and keep postponement to a minimum; Over one weekend last year, two of the GPs were sick and a third was on holidays so one GP was — notes the significant increase in inten- left to cover 9,000 people. There is still no out-of- sive care and general bed capacity at St. hours patient service in the midlands, so the only James’s Hospital; 1615 Health Service Reform: 6 February 2007. Motion 1616

[Ms Harney.] — commends the Government on pub- — supports the success of the National lishing and accepting the broad thrust Treatment Purchase Fund in providing of the recommendations from the treatment for 55,000 patients, achieving Working Group on Undergraduate major reductions in waiting times for Medical Education and Training public patients and providing a service (Fottrell) and the Postgraduate Medical that is directly responsive to patients; Education and Training Group (Buttimer); — supports the initiative to encourage private investment in new facilities on — acknowledges the measures taken by the campuses of public hospitals with the Government to provide funding and the central purpose of freeing 1,000 support for the integrated implemen- beds currently reserved for private tation of the reforms in medical edu- patients for use by public patients in a cation and training across the health most cost effective way; and education sectors from undergrad- uate through to specialist training; — commends the Minister for: — supports the Government’s proposals to — the fact that there are now more increase the numbers of EU student medical cards in issue than in 1997; places in medicine at undergraduate — the fact that substantially more level; introduce a graduate entry stream people can now visit their GP free of into medical education; reform the charge than in 1997 due to the intro- entry mechanisms into medical edu- duction of the GP visit card; cation; strengthen governance and accountability, improve graduate reten- — the substantial increases in the medi- tion and phase out non-consultant cal card and GP visit card assess- hospital doctor (NCHD) posts of lim- ment guidelines; ited training value; — the considerable easing in the means — acknowledges the significant increase of test income assessment now based on 66% in both the number of consultants disposable income after tax and cer- and junior hospital doctors over the tain living expenses; past ten years; and — the investment in the development of — supports the Minister in the conduct of GP out of hours services and the negotiations with medical consultants recent commencement in GP out of on a new contract within a specific, hours service in north Dublin city; urgent timeframe, to allow for the and beginning of the recruitment of 1,500 new consultants on new contractual — funding additional GP vocational terms and a corresponding reduction in training places; NCHD numbers. — commends the Government on the \ I wish to share time with the Minister of State, funding of 44 million provided to date Deputy Tim O’Malley. for the establishment of primary care teams and networks and acknowledges An Ceann Comhairle: Is that agreed? Agreed. the commitment in the Towards 2016 partnership agreement to the further Ms Harney: It would be a good idea if I were expansion of the primary care system; to respond to the Opposition’s arguments, rather — strongly commends the Government for than delivering any prepared comments. It would the largest expansion in services for be a more useful debate from every perspective. older people over the two recent I do not think that anyone in the House is more budgets, with additional funding of \400 motivated than anyone else concerning health million provided, bringing in major care. Everybody here, on both sides of the House, expansions in home help packages, is motivated by trying to have the best possible home help hours, palliative care and health care system for all our citizens. We may differ on some matters as to how that should be nursing home subventions; provided, but that is the motivation. Arguments — commends the Government and the about who may be more outraged do not serve Health Service Executive for securing any purpose. It is important to put some facts on 1,000 new long-term care beds in 2006 the record and to confront some myths that are and for the planned addition of 800 constantly being peddled. First, in relation to—— long-term beds this year, the majority in the public sector; Ms McManus: I wonder if we could have—— 1617 Health Service Reform: 6 February 2007. Motion 1618

An Ceann Comhairle: Please allow the Mini- Dr. Twomey: I am speaking from my experi- ster to continue. It is too early in her contribution ence and it is not the case. There is no way any for the Minister to give way. of my patients are being seen in two to five months for procedures. Ms McManus: I want to know if we are going to get a copy of the Minister’s speech. It might An Ceann Comhairle: Allow the Minister to be useful for us and I am sure we would learn speak without interruption. from it. Ms Harney: It is the case. Ms Harney: I am not going to deliver a script. Dr. Twomey: That is false. Ms McManus: So there is no script. An Ceann Comhairle: Sorry, Deputy—— Ms Harney: There is a script but I am not going to deliver it. Dr. Twomey: It is not true. What goes on the record should be true. Dr. Twomey: That is great. An Ceann Comhairle: There is no provision Ms Harney: I will respond to what was said. for interruptions.

Ms McManus: I am asking if we can have the Mr. Crawford: People do not get on the wait- script anyway. It might be useful to us to have it. ing lists.

Ms Harney: I am not going to deliver a script. I Ms Harney: That is the data verified by the want to respond to the arguments that have been National Treatment Purchase Fund and it is fact. made, rather than making prepared comments There is great debate about hospital beds. which may be out of context, given what was said. Since the health strategy was introduced, 1,200 We all acknowledge that, from the taxpayer’s hospital beds, both day and inpatient beds, have perspective, expenditure on health has increased been put into the public hospital system. On aver- four-fold in ten years. We also know that in 2006, age, we have invested in 170 new beds per year more than 1 million patients were whereas in the three years preceding 1997, there 8 o’clock treated in our public hospitals, either were 30 new beds per year. The debate is not on an inpatient or day-case basis. We about the number of beds; it is about ensuring know 2.5 million patients were seen in our out- we use whatever beds we have as effectively and patient departments, 1.3 million arrived at acci- efficiently as possible. dent and emergency units and there were 65,000 Patients in this country spend 50% more time births. By any standards, for a country with popu- in an acute hospital bed for the top 20 procedures lation of 4.3 million, that is a considerable output than they do in Australia, for example. They of activity, which was performed by the approxi- spend between 3.5 and 5.5 days in an acute bed mately 120,000 staff working in the health for an appendix operation whereas in many coun- services, not including those working in primary tries they would go home the day after such a care, community care or continuing care. procedure. For a hip replacement, the period in The purpose of the health reform agenda is to hospital is 11.5 days. There is no point in having ensure that as we invest more money in new the taxpayer constantly invest in more facilities if facilities and treatments, we also change the way we do not also deal with the length of stay of we do business so we can have a better and patients in the acute hospital system. Central to speedier experience for patients. Many of the the length of stay is the new consultant contract initiatives pursued by Government in the past ten of employment. years had this aim, in particular the establishment of the National Treatment Purchase Fund, which Dr. Twomey: That is wrong. sought to use the facilities available in this juris- diction or, in the case of some treatments, in An Ceann Comhairle: The Deputy will have an other jurisdictions to treat those waiting longest opportunity to reply. on the public hospital waiting lists. I am happy to say almost 60,000 patients have been treated to Ms Harney: I am talking about the average stay date. Instead of people waiting two to five years in Irish hospitals in 2005. Central to appropriate for 17 of the top 20 procedures, they wait on aver- discharge policy is having a consultant in the age two to five months, which is a huge hospital whenever one is required, and certainly improvement. to have 24-7 cover for the main specialties. The reality is that if this does not happen, daily ward Dr. Twomey: That is not correct. rounds and daily discharges cannot happen. We all know that doctors who are not at consultant Ms Harney: For the top 17 procedures, it is a level tend to admit people more frequently and fact. do not tend to make decisions on discharges 1619 Health Service Reform: 6 February 2007. Motion 1620

[Ms Harney.] in the public hospital system when they require except when the consultant is away on holidays them. It is not good enough and must end. or otherwise. There are 2,500 private beds out of 13,500 beds Above all else, with this new consultant con- in our public hospitals. I want to move 1,000 of tract we want to ensure consultants work on a 24- those beds from the private system to the public 7 basis and as part of a team, not as single oper- system. I want to convert them into public beds ators. We want to ensure a clinical director is in so all patients can have access to them so the charge of that team because everybody will nurses, the administration, the management and acknowledge that having administration and all of the radiology and pathology facilities, which management interface with clinicians does not are paid for by the taxpayers, are available to all deliver positive outcomes as far as best practice patients, not just some. I want to replace those is concerned. That is how the best hospitals in the beds by having a private facility built, invested in world are organised — indeed, Ireland has some and managed by private individuals and compan- small examples of hospitals organised on the ies. The land will not be given away, it will be clinical directorate model. That is the essence of either sold or leased. the contract of employment the Government wants for new consultants, hopefully with as Dr. Twomey: Does the Minister foresee any many of the current consultants as possible work- problems? ing in our health care system. With regard to the public private mix, the Ms Harney: Deputy Twomey suggests there Deputies opposite talk about co-location as if we will be clinical issues. Is he suggesting there are had no private activity in our public hospitals. clinical issues at St. Vincent’s hospital in Dublin, Governments for many years, certainly since the which is a co-location hospital, or at the Mater 1970s, have ensured that when a hospital is built, hospital? I do not believe that is the case. 20% of the beds are private beds. In our major hospitals, the situation is as outlined by Deputy Dr. Twomey: The Minister is making a bigger McManus, namely, there is a private wing or issue. Significantly sicker patients are being private wards and the beds in those wards are moved out of a hospital. Serious clinical issues only available to private patients, insured could arise. patients. No matter what public patient case arrives, no matter how urgent, the patient cannot Ms Harney: I am simply converting private access those beds, and that is wrong. beds to public beds, a policy I would have thought would win fairly universal support in this country. Ms McManus: That is not true. It is not correct to suggest there is not much sup- port. For example, the medical teams in eight of Ms Harney: I beg the Deputy’s pardon. our biggest hospitals are involved in co-location Private patients—— projects throughout the country.

Ms McManus: Emergency patients have access Ms McManus: They make money from them. to private beds. Ms Harney: There is huge interest in co- An Ceann Comhairle: The Minister, without location because people see it as an effective way interruption. of achieving additional capacity. It is effective because we will get the beds for no more than Ms Harney: The private beds are ring-fenced 48% of the cost of providing them in the tradit- for private patients. There may be an occasional ional way. That is a fact. They will be provided exception, but that is the reality. quicker and cheaper through this model than through any other. I do not believe a private Ms McManus: It is not true. facility within a public hospital should have nurses and all other facilities paid for by the tax- Ms Harney: Furthermore, if a private patient, payers. No company would tolerate a situation insured patient arrives in a public hospital, no where a core group of its workers were working matter what bed that patient is in, the consultant within its operations for one of its competitors, gets a fee for that patient. I have described it pre- using its computers, diagnostics and equipment. viously as being akin to having an airline where the pilots got paid for all the business class pass- Dr. Twomey: The Minister gave them that con- engers, even if they sat in the economy seats. It tract. That is the problem. is ludicrous. Ms Harney: The current contract was finalised Dr. Twomey: Who gave them that contract? in the mid-1990s and I was not around for it.

Ms Harney: These are the factors that mitigate Ms Enright: The Minister’s partners in govern- against public patients getting access to services ment were around. 1621 Health Service Reform: 6 February 2007. Motion 1622

Ms Harney: Deputy McManus raised the issue by health insurance taken out by their parents, of medical cards. For the Deputy to compare the but Deputy Twomey now proposes that taxpayers number of medical cards in terms of a percentage should pay for that. of the population given the situation in 1997 does not stand up. In 1997 there was 11% unemploy- Dr. Twomey: I am looking after the children. ment and 6% long-term unemployment and take- home pay was 45% lower. There is no An Ceann Comhairle: Please allow the Mini- comparison. ster continue.

Ms Enright: People could afford to buy a Ms Harney: Will those young people be able house. to access private hospitals or what hospitals and services will they be able to access? What will Ms Harney: I understand the Labour Party happen when they are 17? Will Deputy Twomey’s used to have a policy to provide medical cards proposal be compulsory and will the service be and universal insurance to the whole population. provided free to all of them? These are signifi- cant issues. Ms McManus: That is not true. The Minister I must be honest about this. Twenty years ago, would want to get her facts right. We did not sug- it was Progressive Democrats policy to ensure gest medical cards for the entire population. The universal insurance for everybody. However, Minister does not even do her homework before when analysed and studied, the proposal caused she comes to the House. serious problems. First, it is a compulsory tax on some and second, the insurance companies decide An Ceann Comhairle: The Deputy will have an what health facilities are kept open and what opportunity to reply. We must have an orderly hospitals to do business with depending on debate. whether they like their rates. In such a scenario, the insurers drive where the activity happens. In Ms McManus: She hides her script so we a system like ours, where we are committed to cannot read it and then she tells us—— paying the salaries of those we have employed for the rest of their working lives and their pensions, Ms Harney: I am not using a script. there are serious issues with universal coverage. Ms McManus: The Minister should get her facts right. Dr. Twomey: That is an interesting issue I will take up with the Minister any time. Ms Harney: I want to answer the points made by the Deputy. Any target set must be for X% of Ms Harney: It is. the population, regardless of prosperity or income. These are not appropriate to target An Ceann Comhairle: Deputy, please allow the setting. Minister, without interruption. The Deputy will With regard to children under five, the have an opportunity tomorrow evening. Government has often been criticised by the Opposition for universal coverage for the over- Ms Harney: Let the Deputy look at what 70s on the basis that well-off people —— insurers are doing all over the world with regard to closing hospitals. Dr. Twomey: No it has not; that is a lie. Ms O. Mitchell: We are talking about the Ms Harney: Deputy Twomey said to me that system for which the Minister is responsible well-off people were getting medical cards, but tonight. now he suggests that children under five, regard- less of the circumstances of their parents, should Ms Harney: I am dealing with that. be covered. What should happen when the child is six, seven or eight? Ms McManus: The people of Monaghan would enjoy listening to this. Dr. Twomey: Get it from health insurance. In the lifetime of a Fine Gael-Labour Government, Ms Harney: On the issue of nurses, they make they would be much better off than the Minister up the largest number in the health care system thinks. at 35% of the workforce. We have the highest ratio of nurses in the health system, not just regis- An Ceann Comhairle: Allow the Minister, tered nurses, with 15.5 per 1,000, the highest in without interruption. The Minister should the OECD. In the workforce there are 12.2 address her remarks through the Chair. nurses per 1,000. In Canada that figure is seven, across the EU it is approximately 8.5 and in the Ms Harney: There are 900,000 young people UK it is eight. We have a lot of nurses in the under the age of 16, 400,000 of whom are covered health care system. 1623 Health Service Reform: 6 February 2007. Motion 1624

[Ms Harney.] facilities that sprang up over a two-year period in As I have said previously and not just with Whitfield in Waterford, I cannot accept that we regard to nurses and other allied professions, we cannot roll out radiotherapy facilities over the need different patterns of working and different next four years. Last week, the board of the HSE skill mixes. We need people working as part of confirmed the facilities will be provided in that teams and longer days from some of the allied kind of timeframe. We must all, myself included, professionals because patients do not just get sick think outside the box to find speedier responses between the hours of 9 a.m. and 5 p.m. All of to issues confronting patients in our health care these issues must be addressed in the context of system. reform of work practices in the health care Patient safety must govern where services hap- system. Otherwise the reform will not work. pen at hospital level. Up to recently, 35 hospitals in the country performed breast surgery. This Ms Enright: When will the Minister address number has been reduced and must be reduced them? further. International evidence, which has been Ms O. Mitchell: We know the problems, we backed up by what I have been told here, shows want answers. that where surgery is performed by a unit that does not carry out at least 100 similar surgical Ms Harney: Within the health system I meet procedures a year the outcome is not good. Our well motivated individuals from different special- outcomes across a number of cancers do not com- ties and each one tells me we need so many beds pare favourably with other European countries. for each specialty. If I added them all up, we The one area where we perform extraordi- would need to double the number of beds we narily well is that of children’s cancer. When we have in the system. We cannot adopt a piecemeal moved children’s cancer haematology from approach. We must work on the basis that every- Tallaght Hospital to Crumlin Hospital and cen- body works together to deliver the service and tralised it, the outcomes improved by 70%, which that the system responds to patients when proves when we bring the expertise together and needed. This is particularly the case at weekends, centralise the planning of the service for delivery for example, with regard to care of the elderly. on a more localised basis, we get better outcomes. The focus now is on trying to strengthen We must have the courage to do the same in primary, community and continuing care, which other areas throughout the country where inter- gets 65% of the health budget, despite the fact national evidence and best practice dictate this that hospitals tend to form the biggest part of should be the case. public debate. Primary, community and continu- ing care must remain the emphasis as we move Minister of State at the Department of Health forward. I am pleased that the new out-of-hours and Children (Mr. T. O’Malley): I would like to service on the northside of Dublin, which serves deal with a number of issues raised in the motion 500,000 people, has been successful. There has before the House. been a positive response to the service and it is The development of primary care services is an incredible we did not have it until recently and essential component of the health service reform that three doctors were expected to cover the on- process. In a developed primary care system, 90% call service for that population base. It is for that to 95% of people’s day-to-day health and social reason significant pressures were placed on care needs can be met in the primary care setting. hospitals on the northside of Dublin. The emphasis is on keeping people well and sup- I accept there are gaps in the out-of-hours porting them so they can live in the community service — Deputy Enright mentioned Tullamore rather than in institutional care. — but over 80% of the population is covered by The key objective is to give people direct access an out-of-hours service. Generally, where the service operates, it works well and is responsive to integrated multidisciplinary teams of general to the needs of patients. The service has experi- practitioners, nurses, physiotherapists, occu- enced doctors, general practitioners, dealing with pational therapists, speech and language thera- patients that require services after 5 p.m. and pists, home helps and others. These teams will be over the weekend. able to provide people with integrated, compre- I want to deal with the issue of the cancer hensive services to meet their health and social report and radiotherapy strategy. On behalf of care needs in the communities where they live. the Government I issued a policy directive to the This has been characterised as providing the right HSE to provide this facility in a number of care, in the right place, at the right time. centres around the country and two satellite Funding totalling \32 million has been pro- centres in Waterford and Limerick, and to do so vided in 2006 and 2007 for the establishment of on the basis of a public private partnership by 200 primary care teams involving 600 new front- 2011. The management of the HSE felt this was line professionals. Approximately 450 general not deliverable, but the board of the HSE did not practitioners are currently involved in teams, with accept that and neither do I. When we see the a further 700 projected to join teams in 2007. 1625 Health Service Reform: 6 February 2007. Motion 1626

In November 2004, as part of the health Esti- as required, be seen at a treatment centre or at mate the Government set a number of priorities home by a GP. including the provision of an additional 30,000 The Government accepts that we must ensure medical cards and the introduction of a new that sufficient general practitioners are trained to benefit, the GP visit card which would be avail- meet the future needs of the population. Agree- able for up to a further 200,000 people. The ment has been reached with the Irish College of Government provided the HSE with an General Practitioners, ICGP, and the HSE on an additional \60 million for these measures. Last increase of 66 GP vocational trainee places, on a month 1.221 million people held a medical card, phased basis. To date the Government has almost 77,000 more people than two years ago. funded 44 such places in line with that phasing. On 25 January, almost 58,000 people held GP I now come to the vexed topic of postponed visit cards. Since their introduction, an average of operations. The public acute hospital system 4,000 people have received a GP visit card each admits over 1 million patients overnight or as day month. Approximately 30% of the population cases annually. The number of operations post- now has free access to the services of a GP under poned represents a small percentage of the over- the general medical services scheme. all activity of acute hospitals. The Minister for Health and Children intro- Ms O. Mitchell: It was 40,000. duced the GP visit card as an innovative measure to provide a graduated benefit so that people on Mr.T.O’Malley:I stress that it is a very small moderate incomes, and especially parents with percentage of the total. young children who do not qualify for a medical card, would not be deterred from visiting their Ms O. Mitchell: It is a great many people. GP on cost grounds. Significant changes have been made to the way Mr.T.O’Malley:It is regrettable that some in which people’s eligibility is assessed. Those patients have their operations postponed, and measures now mean that income is assessed after everyone recognises that it can cause upset and income tax and PRSI. The income guidelines, inconvenience to them and their families. The including allowances made for children, were public hospital system endeavours to keep post- increased by a cumulative 29% in 2005. In ponements to a minimum and to have postponed addition, allowance is now made for reasonable operations rescheduled as soon as possible. expenses incurred in respect of mortgage or rent, However, owing to the nature of the demands on child care and cost of travelling to work. In June the acute hospital system, in some instances it is 2006, the Minister agreed to a further adjustment necessary to reschedule planned treatment when in the assessment guidelines for GP visit cards. priority must be given to emergency cases or for a They are now 50% higher than those in respect variety of other reasons, such as infection control. of ordinary medical cards. The issue of postponing elective admissions to With the increased number of people in hospital was highlighted last week in the case of employment, the continuing bright economic St. James’s Hospital. The HSE, having been made situation nationally, and people on higher wages, aware of recent pressure on ICU capacity at St. a greater proportion of the population can access James’s Hospital, has offered full support to services using their own means. hospital management to fast-track post-acute patients to other settings and free ICU beds. Dis- In making policy changes, the Minister sought cussions have also begun with hospital manage- to address the needs of people on low and moder- ment with a view to increasing the number of ate incomes by ensuring that they were not high-dependency beds at St. James’s Hospital. deterred on cost grounds from accessing GP The HSE has advised me that intensive care services. \ capacity at the hospital has increased over the Between 2000 and 2006, approximately 139 past three years, with an additional five intensive million was allocated to the HSE to develop out- care beds now available on top of the existing of-hours GP co-operatives. Those figures do not nine. It is also worth noting that overall bed include the fees of participating doctors. In 2007, numbers at St. James’s Hospital have increased \ the Government provided a further 3 million to by 140 in recent years. meet the full-year cost of co-operative devel- The Minister has already mentioned the opments commenced in 2006. GP co-operative increase in consultant numbers in 2006. Of the services are now available in all HSE areas, pro- 125 additional consultants approved in 2006, the viding part or full coverage in all counties. In late greatest number last year was in psychiatry, November 2006, the north Dublin GP out-of- owing in part to the implementation of the Men- hours service commenced providing services to a tal Health Act 2001. In 2006, as part of the growth population of approximately 500,000 people. As in mental health services to improve capacity and with other GP out-of-hours co-operative services, fulfil the requirements of the Mental Health Act patients can contact the service using a lo-call 2001, the HSE established an additional 18 multi- telephone number to receive medical advice and, disciplinary teams in adult psychiatry. In 2006, 1627 Health Service Reform: 6 February 2007. Motion 1628

[Mr. T. O’Malley.] consultants will have retired, and we will have some 383 new posts were created in mental only public consultants in them. health. This year, the HSE will have 254 extra Surely the best use of that land would be for posts. An additional 1,800 posts are envisaged community beds, which do not exist in Dublin. during the seven-year lifetime of A Vision for That way, people in acute hospitals, when they Change. are ready to leave, could receive relevant therap- The Government is taking measures to ensure ies, medical care, rehabilitation and opportunities that Ireland produces enough suitably trained to convalesce before returning home. That facility doctors to meet the needs of the Irish health simply does not exist in Dublin, and it would cer- service by implementing the reforms in medical tainly relieve pressure on the expensive acute education and training outlined in the Fottrell beds from which the Minister is so anxious to and Buttimer reports. move people, not to mention delivering better A co-ordinated approach to policy-making care to patients. undertaken in the area across the education and If private beds are taken out of public health sectors includes stronger workforce plan- hospitals, as the Minister is promising, all she will ning. A legislative and structural framework will achieve is a two-tier system. Perhaps this is what also be put in place to improve the governance the Minister wants but it is not in anybody’s and delivery of medical education and training. interest to do this, be they private or public Associated initiatives include curriculum reform, patients. Insurance costs for private patients will doubling the number of medical places for Irish go through the roof, whether VHI, Vivas or any- and EU students, the introduction of a new body else provides it. Money will be taken from graduate entry system and implementation of public hospitals and such action will ultimately graduate retention policies. result in lower standards in public hospitals. The Government is committed to investment There will be one service for private patients and and reform in the health services. We are confi- a lesser service for public patients. This is the only dent that there are gains to be made from a rad- result from that type of two-tier system. I believe ical restructuring of the system in efficiency, in and support private hospitals, but only when effectiveness and value for money. I will not services are being provided to both public understate the scale of the task before us. There patients paid for by the State and private patients are no quick fixes, and many challenges lie ahead. through health insurance. If we create a two-tier However, the system’s potential will be realised system we will live to regret it, and I ask the Mini- only through a combination of continuing invest- ster to go back to the drawing board on that ment and reform. matter. In the short time available, I want to raise Ms O. Mitchell: I wish to share time with another matter against the backdrop of the Mini- Deputies Naughten, McEntee and Deenihan. ster’s promise to provide additional beds within the system. There is a gross and widely-accepted Acting Chairman (Mr. Sherlock): Agreed. shortage of beds throughout the system. I refer to the plan to close the paediatric beds in Tallaght Ms O. Mitchell: There is no doubt that the Hospital and concentrate a tertiary service in the Minister of State can talk the good talk with Mater Hospital. I support the development of a regard to health issues. If talking were all that tertiary paediatric hospital but I do not support was required, we would probably have the best the removal of beds from Tallaght, where expert- service in the world, with more consultants, more ise and experience has been built up over many beds, more doctors in training, and public-only years. There is also a very large catchment area contracts for doctors and consultants. Owing to of children. that good talk, we all bought into this agenda, Last year, some 65,000 children passed through which we have now supported for ten years. The accident and emergency departments in Tallaght problem is that we never got anything promised and Crumlin, which is also to close. The vast regarding the health service, and that is why this majority of these were not acute cases from motion has been tabled. around the country requiring tertiary services for On the other hand, we are getting things not very complex illnesses. They were children local promised to us, which have emerged like rabbits to the Minister’s constituency, from my constitu- pulled from a hat, for instance, the use of land ency and the burgeoning adjoining constituencies adjacent to public hospitals for private hospitals. in Kildare, Wicklow and in south and west Where did that originate? Why, if the Minister Dublin. These children had normal childhood ill- for Health and Children is as serious as she says nesses or injuries from accidents. about doing away with public private contracts If the Mater plan goes ahead these children will and moving to public-only ones, do we need have nowhere to go, despite the Minister’s claims private hospitals beside the public ones? A con- they will go to a quality hospital. There are issues sultant’s working life is roughly 15 to 20 years. By surrounding access and it is hard to see anywhere the time the hospitals have been built, all those more difficult to physically access than the Mater 1629 Health Service Reform: 6 February 2007. Motion 1630 site. My problem is with the medical access. I checked this again today as I thought I might Where will these children end up? The Mater have dreamed that an Irish citizen had to get on Hospital is smaller than the hospitals being an aeroplane and fly to Lithuania, paying \30 for closed, so there will be fewer beds. However, it an operation before being able to go back to will have to deal with the really complex medical work. That is what is wrong with this country’s cases from around the country. health service. When I was growing up, the Inevitably, a tertiary hospital must deal with hospital in Navan was one of the finest hospitals the more acute and complex cases first, which is in the country. I was a patient several times correct. This leaves local children competing at myself, sometimes through my own fault and the bottom of the queue for beds and facilities. I sometimes when I could do nothing about it. One ask the Minister to rethink the matter as it is folly could access basic services and almost any oper- against the background of a burgeoning popu- ation could be performed. lation. In other cases we have seen hospitals clos- I spent 17 hours in the same hospital two weeks ing because we do not have the population to sus- ago with my own child and I eventually had to tain them or the critical mass, but it is certainly take her out of it at 8.30 a.m. because nobody there in Dublin. could provide a diagnosis for her. Monaghan General Hospital has an operating table and Mr. McEntee: I thank Deputy Olivia Mitchell there are hospitals in Cavan and Drogheda. It is for sharing time. The health service changes by like a refugee camp in Our Lady of Lourdes the day so, like the Minister, I will not be speak- Hospital in Drogheda because it is the only bit of ing from a script. I have been in this House for a comfort we have. year and a half in which we have had many This has nothing to do with consultants, most debates on the health service. The Minister cor- of whom are finished work at 2.30 p.m. because rectly stated there is no Deputy in the Da´il for there are no operating tables or beds available. I whom the health issue is not the biggest one on blame nobody but this Government. Why did it the doorsteps or in the office. not assess what was going on? It had the neces- In my time in the House, GPs and nurses have sary money and people, and it knows how many been blamed for the problems in the health extra people are entering the country on a daily services and cleaning staff have been blamed for basis. We now have a system where if a person is the diseases within hospitals. Last week was the sick, he or she does not know where to turn. It final straw when consultants were being blamed. will not be sorted out in two or three months. Tonight the Minister has stated that patients are Blaming others will not help and we must go staying in hospitals too long, so it is now the back to the basics, where every Deputy will look patients’ fault. after his own hospital, ensure the operating tables The issue was simpler 20 years ago when every are opened again and that consultants — Irish or area had its own hospital, and 95% of sickness otherwise — are put in place. There is no point could be dealt with therein. Complications have in putting in place 1,500 extra consultants and set in and now 95% of incidents cannot be dealt paying them over \30 million a year if they are with in a local hospital like that in Navan now, finished work at 11 a.m. Under this Govern- from where a person would have to be trans- ment’s plan that will happen. ferred to Drogheda or Dublin and then go on a Every hospital and operating room in Ireland waiting list. should be reopened. The issue should not be In my time in the House, I have heard how we complicated as too much money is already being spent billions on the health service but people spent on consulting on what should not be done. feel they are worse off. Nobody in this House I realise elections are approaching but it is not would disagree that people are worse off. time for playing politics with people’s lives. The Mr. Broughan: Hear, hear. Minister for Health and Children did so last week and I am glad that the proper answer will be Mr. McEntee: I do not know why the issue given by the people in three months. cannot be kept simple. Last week one of my con- stituents, married to a Lithuanian girl, had a Mr. Naughten: I welcome the opportunity to serious sinus problem. He went to a consultant speak in this debate. Over the past ten years we and was told he needed an operation. The pro- have seen significant spending on our health cedure could not happen for three weeks because service, yet last year the then Ta´naiste and Mini- no bed was available, and the man would have to ster for Health and Children, Deputy Harney, give up work. His wife booked a flight and handed back \300 million to the Department of brought her husband to Lithuania. He had an Finance because she could not spend the money. operation that evening, paid a fee of \30 and was That money could have been used to provide given medicines worth \65. He was sent back to additional home-help hours, operations, medical Ireland and was back to work within a week. He cards or orthodontic treatment. received treatment in a basic hospital with a top- The \300 million, on a per capita basis in my class operating service. own constituency, would have had a serious 1631 Health Service Reform: 6 February 2007. Motion 1632

[Mr. Naughten.] based in Ballinasloe, that is where the surgery will impact on problems we have to deal with every be carried out and that involves the effective clos- day. It would have provided an extra 4,300 ure of the county hospital in Roscommon. The families with a medical card, an extra 400 threat looming over the people of Roscommon is inpatient elective surgeries in local hospitals and that if they do not agree to this, the HSE will an extra 76,000 home-help hours could have been not appoint the third consultant physician on a provided in every parish in the Longford- permanent basis. We are seeing smoke and mir- Roscommon or Sligo-Leitrim constituencies. rors used on this issue. There is a lack of clarity Some 400 additional children could have been from the Government, which wants to postpone called for orthodontic treatment rather than its inevitable plan under the Hanly report to close being bullied in school because they have low small effective hospitals like the county hospital self-esteem and cannot get access to treatment. in Roscommon. Last week the Taoiseach stated that operations The hospice service is also affected. There has were not being cancelled; they were being post- been a state-of-the-art hospice bed in Boyle in poned. There were 8,300 operations cancelled in County Roscommon for the past number of the past two and a half years in the west. It is a years. The nurses have been appointed to run serious symptom of what is happening in the that service, and yet that bed has not been in use health service, where it is failing to deliver for due to industrial relations difficulties. Anyone who saw the television programme about St. patients. We need significant investment in step- Francis’s Hospice in Raheny during the week down facilities and urgent care centres which would understand the importance of providing would provide extra beds and take pressure off such a base in the community of north accident and emergency services. Roscommon, and yet due to industrial relations On emergency services, a decision was taken in problems that bed still remains closed. the dying days of the last millennium to locate a ambulance base in west Roscommon, the single Mr. Deenihan: The Government will be leaving biggest blackspot in ambulance services in the office in a few months having presided over the west. For some reason that base was moved from greatest chaos in the health service since the west Roscommon to Knock, County Mayo. foundation of the State. When people look back Tenders are being sought for that ambulance on the legacy of the Government, it will stand base. I plead with the Minister at this late stage indicted for not providing the people with a to postpone that decision and re-evaluate the decent health service, spanning both the public location of that ambulance base. When I quest- and private sectors. ioned the Minister in the House on a number of What is happening at Tralee General Hospital, occasions about the timetable for the delivery of or Kerry General Hospital as it is now called, is a microcosm of the rest of the country and I will the ambulance base to west Roscommon, she refer to it briefly. Kerry General Hospital is always responded on the development of the seriously understaffed by comparison with service in west Roscommon, not east Mayo, but hospitals of its size in the rest of the country. It is for political reasons it was diverted to Knock, now regarded as a band 1 hospital and it is really County Mayo which happens to be the home staffed and equipped to meet the needs of people town of one of the Members on the far side of 25 years ago. The population of Kerry is growing, the House. That is disgraceful. Last summer when people are getting older, there are more cases of the Government spoke of taking the surgery cancer and more bones broken, and there are less services out of the county hospital in services available for those people. Roscommon, the Health Service Executive stated Kerry General Hospital depends considerably it would evaluate relocating that proposed ambul- on student nurses. As a result the regular staff ance base to west Roscommon. When it suited are suffering from stress and losing time through them they could move it to west Roscommon and sickness etc., and they are very fed up at this when it did not they could move it to Knock. point. There has been a stay of execution in the clos- I am informed that in the ongoing review the ure of the surgery services in the county hospital nursing staffing levels of Tralee hospital will be in Roscommon. The Health Service Executive is found to be down by between 60 and 80 nurses. still not prepared to give clarity on where the sur- That is a really serious indictment. It is affecting the service that the hospital and the nurses them- geons will be based in the new reconfigured selves would like to provide the population of hospital service between Roscommon hospital Kerry. and Portiuncula Hospital in Ballinasloe. If the The accident and emergency department in surgeons are based in Portiuncula Hospital, that Tralee hospital was built to provide for a is where the surgery will take place and, in effect, throughput of approximately 15,000 patients and the surgery services will be closed in Roscommon. currently the throughput is approximately 31,000. It will be the same as what happened in It has a temporary locum consultant. He will be Monaghan Hospital. That is what is being leaving at the end of March and there will be no planned. The decision is being postponed until consultant left. There is no registrar in the acci- after the general election. If the services are dent and emergency department in Tralee 1633 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1634 hospital. There are five senior house doctors who “6. (1) (a) One senior and one junior are trainees. The locum is there for only 33 hours member shall be elected by stakeholders a week. There is no one present to guide these in each jurisdiction for a period of five young trainees, who are making serious decisions. years. If there is not a consultant upstairs, they have no (b) If a casual vacancy occurs among the one with whom to consult. As a result, I under- members there shall be a by-election in the stand that one of the senior house doctor has jurisdiction which elected the outgoing written to the Health Service Executive outlining member to fill the vacancy.“.”. his concern for his position in case anything would go wrong. I will make three brief points before coming to Tullamore Hospital, which is the same size as the amendments. This is the first occasion the Kerry General Hospital, has an accident and House has a chance to discuss fishing and coastal emergency consultant, who left Kerry to take up issues since the terrible tragedies of the Pere that post, and six registrars. In Kerry General Charles and Honeydew II. At the outset, I express Hospital, there are five senior house doctors. the condolences of the Labour Party to the That speaks for itself. The service can not be families and communities involved in those great given in Kerry as it is given in other parts of the tragedies, and also sympathise with the crew of country. In any case there should be two consult- the Discovery from Castletownbere for the ordeal ants in Kerry General Hospital. I understand an suffered more recently. The pressure on coastal accident and emergency department was opened communities is such that workers felt it necessary recently in Cashel, where two consultants were to go out in inclement January weather to try to make a living. That is a heavy responsibility for appointed. the Government. I refer to the cleaning staff issue in the accident Since we last met in a full session in this House and emergency department at Kerry General the Government’s new marine strategy report, Hospital. Currently the department has a tempor- Steering a New Course, has been produced. It ary cleaner who works three hours a day. She is was launched a couple of weeks ago by the Mini- shared with other departments in the hospital. ster of State at the Department of Agriculture With the MRSA bug, it is not acceptable that the and Food, Deputy Browne, and the Taoiseach, accident and emergency department has a cleaner and I hope we get a chance to debate it fully for just three hours a day. If there is a spillage or before the session ends because there are some somebody gets sick overnight, they call on staff important issues in it that are related to the busi- from the rest of the hospital and the nurses them- ness before us today and to the difficult time selves do the cleaning. Morale is low at present. being experienced by many coastal communities. I welcome this Bill on Second Stage. The Debate adjourned. Labour Party was very supportive of moving the legislation through this House in the speediest Foyle and Carlingford Fisheries Bill 2006: Order and easiest way possible and is committed to for Report Stage. doing so again this evening. The three amendments in my name, on behalf Minister of State at the Department of of the Labour Party, sum up one of the outstand- Communications, Marine and Natural Resources ing concerns we still have and that is why I resub- (Mr. Browne): I move: mitted the amendments. Amendment No. 1 seeks “That Report Stage be taken now.” to ensure that the Foyle Fisheries Act 1952 is amended so that there will be an election to decide the board of stakeholders for a period of Question put and agreed to. five years. Amendment No. 2 seeks to amend the Fourth Schedule of the Foyle Fisheries Act 1952, Foyle and Carlingford Fisheries Bill 2006: suggesting the advisory council should consist of Report and Final Stages. members elected directly by stakeholders in the Acting Chairman: Amendments Nos. 1 to 3, Foyle fisheries. Amendment No. 3 states that in inclusive, are related and will be discussed the Fourth Schedule of the Foyle Fisheries Act together. 1952 the members should consult, liaise and advise directly the members of the advisory Mr. Broughan: I move amendment No. 1: forum. We met the Foyle fishermen while carrying out In page 5, between lines 24 and 25, to insert the preparatory work for this Bill and these the following: amendments arose from the fact that there was a “PART 2 strong feeling among the stakeholders on Lough Foyle, in Greencastle and other ports in Foyle, Carlingford and Irish Lights Inishowen that there had not been sufficient con- Commission & Advisory Forum sultation regarding the Bill. The key stake- 4.—(1) The Act of 1952 is amended in the holders, including, we heard, people employing Third Schedule by the deletion of paragraph more than 20 members of staff and investing per- 6(1) and the insertion of the following: haps \2 million, were not adequately consulted 1635 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1636

[Mr. Broughan.] issues we wish to see addressed regarding the and there was a feeling that the Loughs Agency fishermen should be reflected in this Bill. In a implementation plan, based on a Centre for previous discussion on amendment No. 1 the Marine Resources and Mariculture, CMAR, Minister for Communications, Marine and study, was considered flawed as many of the Natural Resources, Deputy Noel Dempsey, stakeholders refused to participate in that survey. informed us of this. I think that amendments Nos. Others who were surveyed were not involved in 2 and 3 are valid if we are to have fully demo- shellfish activities. Issues were also raised relating cratic control of the commission and the Loughs to security of tenure for existing operators on Agency. Lough Foyle and the fact that people who had spent years and millions of euro developing the Cecilia Keaveney: I think amendments Nos. 1 mussel fishery or pursuing the wild oyster fishery to 3 are akin to amendment No. 17. The stake- were let down and ignored by the legislation. holders, the people who fish the area, should be There was a general feeling that the Foyle, central to this and should have a significant voice. Carlingford and Irish Lights Commission and There should be as much gender equality as pos- advisory forum should be made more democratic sible or practicable. I understand the value in and transparent. In particular it was felt the com- hearing outside voices on the matter but, in the mission should have elections in a more trans- context of the agency in question, the history of parent and democratic way. The Minister told distrust means people who know the area best me, in response on Committee Stage, that the should have a voice. I do not wish to detract from Foyle Fisheries Act 1952 had been superseded, people currently on the advisory board. with regard to the Third and Fourth Schedules, I want the Minister to know that people in by the Belfast agreement of 1999. This matter Inishowen and the Foyle region generally are affects the jurisdictions of both Northern Ireland anxious to have their voices heard with regard to and the Republic of Ireland, and the Foyle, the Bill and how it is formulated. A key concern Carlingford and Irish Lights Commission was the is that it should not mean a hand-over of all superseding body. As a result the advisory forum power to any particular agency but that the Mini- was set up with 48 members but there was a feel- ster and the Department should have as much ing among stakeholders who came to see me that interest after this Bill is passed as they had during some members represented very few stakeholders the weeks spent putting it through Committee and, effectively, represented only themselves. and Report Stages. The Minister gave an assurance, which I would like him to address this evening, that the North- Mr. Perry: I second Deputy Broughan’s vote of South Ministerial Council, which referred to this sympathy on the loss of life of the people off the project under the St. Andrews Agreement, would south-east coast. Our hearts are with them and I give some degree of accountability and demo- hope, in the not too distant future, there will be cratic control of the commission and advisory closure on this appalling tragedy that demon- forum to us. There is a Deputy here tonight from strates the perils of the sea and the risks people the area in question. have to take. It has been an extraordinarily diffi- Stakeholders told us that the commission, on cult time for all the families concerned and we the Northern side, was governed by the hunt sincerely hope that the matter will be brought to system relating to the agreement in Northern a conclusion. Ireland. This seemed to be a very democratic While it is recognised by all that this Bill is very system whereby all parties and all stakeholders important as it contributes to the Good Friday would be represented. I seek assurances from the Agreement, we cannot ignore the fact that it also Minister that there will be an ongoing, high level contains many flaws. As it stands it of consultation in this area. In particular the 9 o’clock could cause problems for and div- Minister might comment on the proposal the isions between stakeholders on the Taoiseach made last week regarding the new Da´il Foyle and Carlingford Lough. I was in north-east committee for North-South business and the Donegal last weekend and the lack of concen- North-South Ministerial Council. When will it be tration in the Department of Communications, up and running? What activities will it engage in? Marine and Natural Resources, as mentioned by Will this legislation and the similar legislation we Deputy Broughan, was brought to my attention. will cover this time next week on the all-island The study on which the implementation plan for electricity Bill come within its remit? this Bill is based has been cast in doubt by the I seek to reflect the views of stakeholders as stakeholders. Clearly adequate consultation they were put to me, the fact that the mussel fish- would have prevented much difficulty. ery, the oyster fishery and aquaculture are long One of the concerns expressed to me related to established in the lough and that people felt, at the level of driftnetting that will be allowed on the very least, they should have received the same Lough Foyle. The ban on the driftnetting of rights and guarantees under this legislation as salmon is contentious in terms of the cutting back those applied in Wexford harbour. I have in the number of licences to 35. Will the Minister referred to this in a forthcoming amendment. of State explain the position on the operation of From our point of view, in the current jurisdiction driftnets on the Foyle? Although there are coun- on the Donegal side of Lough Foyle, the key ters available, there is no quota system operating 1637 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1638 on the lough. People are concerned about the does not enshrine these assurances in law. The effects of the implementation plan on driftnetting Loughs Agency has great responsibility with on the Foyle. regard to appointments to the board. It is equally Security of tenure for existing operators on the important that there be sufficient accountability Foyle was brought to my attention. The Minister and that consultation takes place. There is much has accepted the advice of the Office of the uncertainty regarding accountability and Deputy Attorney General on the definition of “shellfish”, Keaveney is more aware than me of the uncer- for which I am thankful. However, he has given tainty over public consultation on the salmon, advice on several other areas that impinge mussel and oyster industries. directly on the future implementation of the Bill. The success of aquaculture development on What thoughts has the Minister of State given to Lough Foyle and Carlingford Lough was brought this? The Bill refuses to recognise adequately the to my attention last week. It is dependent on work and millions of euro invested by existing access to sufficient seed mussel. At present operators in aquaculture sites. They took risks to neither lough has sufficient natural seed to sus- create sustainable jobs in an area of high unem- tain the industry and it must therefore must be ployment and used their own money without obtained from sources outside the loughs. This is assistance from any Government. inequitable in that any UK-registered vessel can Deputy Keaveney raised issues concerning the enter Irish waters to fish mussel seed but an Irish mussel and oyster industries. Unfortunately I was boat does not have similar rights. It can only gain not present for the committee hearing on the access to Northern Irish waters and thus the matter but I read its note on duplication in the system is open to abuse by UK operators. This area of licensing. This is also a very contentious issue ought to be discussed. issue. Neither the Government nor its prede- There is no Northern Ireland register of fishing cessor would accede to the operators’ request for vessels; rather, there is only a UK register. The licences for their aquaculture sites. It is not the United Kingdom’s single register does not differ- operators fault they are deemed unlicensed. Had entiate between Belfast, Liverpool, Cardiff or the two Governments applied the same logic to London as ports of registration. Thus, mussel the Foyle as they did in Carlingford, licences dredgers and non-fishing vessels beneficially would have been issued. The operators on owned in Wales or England, can access seed mus- Carlingford Lough will have their work and risk sel off Wexford, but Irish boats cannot access capital recognised but their colleagues on Lough seed off Wales. Irish mussel dredgers have no Foyle will not. reciprocal access to mussel seed in Welsh waters, Targeting social need is a declared objective of where there is currently a vast untapped seed this Bill but, by not recognising the investment of resource. There is no restriction on where the the operators, over 100 jobs are being put at risk seed may be re-laid. This means UK-registered in an area with one of the highest unemployment boats beneficially owned outside Northern levels in Ireland. Those who know most about Ireland could continue to harvest seed in the developing a sustainable fishery are not being Republic and simply leave their native seed given a proper opportunity to continue their untouched for future use. Any UK-registered ves- work. sel can access a Belfast fishing identification Perhaps the Minister of State will refer to the number that allows that vessel to fish in the suggestion by local fishermen based on the waters of the Republic. Does the Minister pro- Wexford Harbour experience, as indicated by pose to revisit the inequitable voisinage agree- Deputy Broughan. Like Lough Foyle fishery, the ment to secure an even playing field? Irish vessels one in Wexford developed over many years should either have fully reciprocal rights to access through a lot of hard work. There have been suc- UK seed or the Irish seed resource should be cesses in many areas. When the Department pro- accessible to Irish beneficially-owned boats only. posed to introduce a licensing regime, the status quo regarding the existing sites was accepted. A Minister of State at the Department of time period and methodology were introduced to Communications, Marine and Natural Resources allow existing issues regarding site boundaries, (Mr. Browne): I join Deputy Broughan in area designation, etc., to be resolved. When this expressing sympathy to the families of those lost process was completed, legislation was intro- at sea. I visited the families on a number of duced that accepted the status quo as a starting occasions and witnessed at first hand the grief suf- point and covered future plans for enhancing the fered as a result of the tragedies along our coast, sustainability of the resource. The Foyle situation particularly at Dunmore East. is very similar to that in Wexford and the lessons I have no problem debating the Cawley report learned from the Wexford experience should not in the House given that it contains good news. If be dismissed summarily. the Whips can arrange the debate, we will cer- The Minister has reassured fishermen that an tainly facilitate it. appropriate weighting will be given to existing Amendments Nos. 1 to 3, inclusive, concern the track records when applying for aquaculture composition of the former Foyle Fishery Com- licences for the Foyle. He pins his faith on the mission and Foyle Advisory Council, as provided Loughs Agency taking his view on board, but in the Third and Fourth Schedules, respectively, 1639 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1640

[Mr. Browne.] State give the House any assurances in that to the Foyle Fisheries Act 1952. The amendments regard? are concerned with ensuring stakeholders or rep- resentatives are consulted on issues of concern to Mr. Browne: The Taoiseach referred to this them. The provisions of the Third and Fourth committee. I am sure that all issues will be dis- Schedules were repealed by the British-Irish cussed but I shall get more details on it for the Agreement Act 1999, which established the Deputy. Foyle, Carlingford and Irish Lights Commission. The 1999 Act provides for the composition of Mr. Broughan: Will it sit in the lifetime of this the commission. Da´il? The principle informing the Deputy’s proposed amendments, which is that stakeholders should Mr. Browne: I am not sure about that, but I be consulted on issues of concern to them, was can get the details for the Deputy. shared by the North-South Ministerial Council, which directed that the Foyle and Carlingford Amendment, by leave, withdrawn. Area Advisory Forum be established. The cur- Amendments Nos. 2 and 3 not moved. rent forum has 48 members, including rec- reational and commercial salmon fishermen, wild Acting Chairman: Amendments Nos. 4, 5 and shellfish fishermen, aquaculturalists, environmen- 11 are related and will be taken together, by talists and hospitality providers. There are three agreement. working groups working on the agency’s pro- posals in respect of the salmon fisheries for 2007, Mr. Ferris: I move amendment No. 4: the agency’s proposals for a marine and water- based leisure strategy, and the roll-out of aquac- In page 6, line 8, after “area’).” to insert the ulture licensing and its interface with the loughs’ following: wild fisheries. “All existing licences granted for specific The Deputy wants to ensure that people’s Lough sites by the Department of Communi- views, including those of the stakeholders, are cations, Marine and Natural Resources will considered in the development of future plans for be recognised.”. the area. His concerns are addressed adequately by the arrangements I have outlined and, accord- Before I begin, I should like also to be associated ingly, I do not propose to accept his amendments. with the message of sympathy for the crew and As the advisory forum was established under the skipper of the Pere Charles and also the Honey- direction of the North-South Ministerial Council, dew. I knew both Toma´isı´n and Pat Hennessy, it is open to the latter to consider how it is work- personally, over the years. I fished in Tralee Bay ing. Creating a body comprising elected represen- with them and they were highly experienced people. The circumstances where fishermen find tatives would require new legislation. themselves having to meet a quota by the end of The Loughs Agency has published its proposals the week — if not, there is no carryover — is to end indiscriminate mixed-stock salmon fishing, creating enormous problems for the whole fishing as required by the habitats directive. This issue industry as people believe they must take chances was raised by Deputy Perry. No decisions have in order to make a living. It is a terrible tragedy been made on the number of licences or the for the entire coastal area and particularly in the criteria to be applied in allocating them. The south east, in the Minister of State’s constituency. North-South Ministerial Council will have to I want to address amendments Nos. 4 and 11. approve any regulations to implement changes in As regards amendment No. 4, after line 8, I want the licensing regime. I am well aware of the vois- the following inserted: “All existing licences inage agreement the Deputy mentions, but this is granted for specific Lough sites by the Depart- sub judice, as it is the subject of court pro- ment of Communications, Marine and Natural ceedings, so I cannot comment on that. Resources will be recognised.” I find amendment No. 5, as put by Deputy Broughan on behalf of Mr. Broughan: I wanted to try to ventilate as the Labour Party, however, to be far more sub- many of the amendments as possible. I wanted to stantial and I will be supporting this and with- ask the Minister of State about that Oireachtas drawing amendment No. 4. committee, which should be helpful to Members Amendment No. 11 seeks, in page 8, line 36, of the 30th Da´il, hopefully most of us. What is after “licence).” to insert the following: “The the plan in that respect? Has the Taoiseach given position and limits of existing licensed areas will any indication that the business such as tonight’s be retained by the existing licence holder.”. I could continue to be monitored, as regards this have met with the fishermen from the Foyle. very important commission on the Loughs Having listened intently to them and given that Agency so that our people on both sides of many of them have long-standing stakes in that Loughs Foyle and Carlingford could be they have been involved in aquaculture in that adequately represented in their business and area for quite a time, built up a small industry livelihood in this House? Can the Minister of and invested considerable time and money in it, 1641 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1642 it is only right and proper that the right of tenure boundaries, area destinations etc. to be resolved they have established over the years be protected. was put in place in Wexford. When the process It is somewhat similar to what happened in was completed and the legislation passed, the suc- Wexford Harbour where the licensees in that cessful status quo there served as a useful model. area had their rights protected for the future. In As I mentioned earlier, the Foyle fishery has the circumstances it is only right and proper that been built up with the investment of much blood, their efforts, given the work they have put in, be sweat and tears from the people of Inishowen. On maintained. Amendment No. 11 refers mainly to the exploitation of that fishery, there are some the sites on which people have lived and worked impressive operators and decent employers who in that area. They have developed them and have presented a very strong case here in the established sites, from the very fact that they have Oireachtas for Opposition spokespersons and been working there consistently, many of them their own local Deputies as well as for the Mini- for more than ten years. I hope the Minister of ster of State. I believe this is a reasonable amend- State will take on board amendments Nos. 5 and ment that seeks to give proper standing in this 11. Amendment No. 4 has been overtaken by legislation to existing and historic rights of ten- Deputy Broughan’s amendment. ure. The Minister, Deputy Noel Dempsey, responded the last day on Committee Stage to Amendment, by leave, withdrawn. the effect that this was a public fishery and there could be no recognition of the status quo. The Mr. Broughan: I move amendment No. 5: historic standing provided that people operated In page 6, between lines 8 and 9, to insert among themselves but this could not be estab- the following: lished on a legislative basis, he said. However, as I rightly pointed out, and as my colleague, Deputy “(2) In granting licences the Commission Perry has mentioned, there is at least one other must recognise existing and historic rights of precedent on the Irish coastline where this has tenure for current long-standing operators happened. We know that a large section of the on Lough Foyle. The allocation of such lough has been mapped, where people were able licences on Lough Foyle should follow pre- to operate with ease outside Red Castle and other cedent established at Wexford Harbour.”. areas, in agreement. In respect of aquaculture licences, the amend- I again urge the Minister of State to give some ment seeks to provide that in granting them, the consideration to this argument. Even if he does commission must recognise existing and historic not accept this amendment he could still, even at rights of tenure for current long-standing oper- this late stage of the night, frame one of his own ators on Lough Foyle and that the allocation of which would provide security and ease people’s such licences should follow the precedent estab- worries. My colleague mentioned a very lished at Wexford Harbour. As I mentioned on important issue about the seed management Committee Stage the stakeholders believe that advisory committee and the whole situation with this section of the Bill is badly framed and is UK operators chasing our scarce seed resources based on a false premise. The experience of in Lough Foyle. I asked on Committee Stage Wexford Harbour in this regard should provide whether this was an issue we could address. We the way forward for the legislation on Lough are moving to some extent into uncharted waters Foyle. In Wexford a very substantial unlicensed in that these are the two great waterways we fishery developed over many years and operators share with our sister jurisdiction, which all in the area continued the successful development Members of the House hope will be a single juris- there, as in the Foyle, without a legislative diction in time to come. We are all citizens and regime. There were some inherent problems with people of this country on both sides. We have boundaries and so on, but stakeholders in the concerns about operators from other jurisdictions south east seemed to be able to resolve these on who did not look after their own resources a local basis. When the Department eventually sufficiently well. It is reminiscent of the discussion introduced a licensing regime, as is proposed for we had about the white fish regime in the north- Lough Foyle and Carlingford in this legislation, east Atlantic. Our first duty should be to protect the status quo on the sites of existing operators our people. The concerns put to us by the stake- was accepted. On meeting some of the fishermen holders should be reflected back to the Minister from the area I recall them referring to one of of State’s colleagues in Belfast in the North-South the historic fisheries off Red Castle, for example, Ministerial Council. We should come up with where there was a short season where people had some system which would ensure the protection operated for perhaps, 15 or 20 years. A sus- of the seed resources of our operators in the tainable type of aquaculture has developed in the Republic. Foyle, and in some ways is a very interesting model, as I mentioned on Committee Stage. By Cecilia Keaveney: I extend my sympathy to comparisons with other forms of aquaculture it those who were lost at sea. Greencastle and seems to be very sustainable environmentally. It Inishowen have had their share of very sad losses. was felt that a similar time period and method- It is one of the worst tragedies for people not to ology to allow for existing issues relating to site be able to find their loved ones. It occurred with 1643 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1644

[Cecilia Keaveney.] Mr. Perry: I support the amendments tabled by the loss of the Carrickatine in Greencastle and we Deputy Ferris and Deputy Broughan. I was in have heartfelt sympathy for those people who lost Inishowen last weekend and the debate is very loved ones. sensitive, particularly in regard to salmon. The If I had realised that there was a certain fact that a tag will cost \7 is contentious, as will amount of latitude, apart from the fact that I be the fact that the number of drift netting would have declared my interest that I live by licences will be cut from 100 to 35. The politics of the Foyle, I would have asked about the salmon this is different from that of inland fisheries. fishery as well. Whatever decision is to be taken, The Farrell Grant Sparks report commissioned it must be taken quickly. This time last year, by the Government has not been debated in this people had already applied for the licences and House, but it should be discussed. The manage- were certain as to what would happen in the sum- ment of the Foyle is different from the manage- mer. People want certainty. ment of fisheries within our jurisdiction. With the If an Irish or British boat can be registered in differences between oyster, mussel and salmon Belfast and thus can fish all waters in the UK and fishermen, there is a great lack of trust up there. Ireland, it is too bad that a boat registered in The oyster fishermen were at loggerheads with Greencastle does not have the reciprocal arrange- the mussel fishermen regarding the duplication of ment. However, I know that the Minister of State licences. People have invested heavily and as this cannot comment on that because there is a court Bill updates the 1952 Act, it is very important. case pending. There is a huge element of trust involved. Amendments Nos. 4 and 11 will probably not Will the Minister of State indicate the level of be accepted on the basis that there is no existing accountability involved in the appointment of licensed areas, which is what the Minister stated those from the South? There has been a lack of on Committee Stage. However, I follow the spirit consultation with the stakeholders. Deputy of amendment No. 5. We are not starting from a Keaveney pointed out that there is a huge situation where people have been licensed, but demand for mussels, but if that industry is to be neither are we starting from a greenfield site. We grown, we must get the seed. That is a very con- are starting from a situation in which we are try- tentious issue up there. People with oyster beds ing to legitimise the people who are there. We feel that mussels are to the detriment of oysters. would not have aquaculture licensing if we did Salmon fishermen are annoyed that drift netting not have aquaculture. We have both wild and is being allowed. We have spoken about banning farmed aquaculture and we must recognise the drift netting, but the Foyle is a huge stretch of reality. There is strong recognition of the history water. Only 35 licences are being issued for drift of the people there. Had we started from a green- nets, which is down from 100 licences. Last year, field site, nobody would put in a greater claim 20 licences were apparently not reissued. than anyone else. However, the mussel fishermen Having met a number of people there last would say that about 40% of the Foyle is mapped weekend, I felt that the politics of this are diffi- out for mussels, yet only 10% has been occupied cult. Different people have different concerns and because of the lack of seed. The oyster fishermen many of them are uncertain as to who is in would say that they have mapped out about 49% charge. With the joint authority, very few people for oysters, although whether it is all used is knew who was effectively in charge. Very few another question. The environmental studies that public meetings were called with the stakeholders were mentioned on Committee Stage might yield and their contributions were not taken on board. results on this issue. It is important that we assure people that there There must be strong emphasis from the will be accountability under this new agency. If Department and the Minister of State that the the vested interests have a grievance they must people who have invested their time, energy and be able to approach somebody. It is important money in this are recognised. One cannot make that the Minister of State indicates that those an omelette without breaking eggs, and many of appointed on this side have the resources to deal these people had to invest money that went with complaints. There must also be complete nowhere. They had to make mistakes to achieve transparency. Until now, this has not taken place. success. It was not a great honey pot for anybody. What has happened in the Foyle is quite extra- I would like to see not only the rights of tenure ordinary when compared to the inaction within for those who are currently there, but also some the seven fisheries boards in this State. There are opportunity for new entrants. However, I worry fish counters in all the rivers going into the Foyle about too many licences being given out for a and the authorities know exactly the number of scarce resource. Unless we can solve the problem salmon there. There is no quota whatsoever and of seed, it will be unrealistic for the Department the whole thing is based on the assessment of the to think that aquaculture can be the bright new availability of salmon. However, there is now talk dawn for the Foyle area. A cake can only be div- about charging \7 per tag for salmon. Perhaps the ided in so many parts so it must be done in a Minister of State has some information on that. sensible manner. Access to the seed is a golden I ask him to explain. It is quite different to the goose, but it cannot lay the eggs to match its management of the inland fisheries within the potential at the moment. Minister of State’s jurisdiction. 1645 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1646

While this legislation is welcome in some these licences will be treated as if they were respects, many questions have not been granted under this legislation. A similar provision answered. Many people are unhappy because is contained in the draft Northern Ireland order they lack confidence in the ability of management for licences issued by the Northern Ireland auth- to ensure the future survival of those working in orities in respect of Carlingford Lough. The Bill the oyster, mussel and salmon fisheries and to also provides that the Loughs Agency will be develop aquaculture businesses and wild aquacul- empowered to vary licences in the public interest, ture. I ask the Minister of State to outline the and where appropriate at the request of the appli- level of accountability that is in place to protect cant. In such circumstances, this amendment is taxpayers who are investing a considerable not required because the Bill does not affect the amount of money in the management and fund- provisions of existing licences. Moreover, the ing of our fisheries resources. amendment would not be compatible with the need to ensure that the Loughs Agency has the Mr. Browne: Deputy Broughan proposes in necessary discretion to act in the public interest amendment No. 5 that when the commission if required. grants licences, it must recognise the existing and On an issue that was raised by Deputy Perry, historic rights of tenure of current long-standing the environmental studies will facilitate the desig- operators in Lough Foyle. I understand that exist- nation of wild oyster and mussel fisheries, as well ing operators do not have any legal right to as areas suitable for aquaculture and special areas operate in any particular area. It is important to of conservation. bear in mind that as the Lough Foyle area is a public fishery, individuals cannot have exclusive Mr. Broughan: The Minister of State referred rights. This situation will change when this legis- to the proposed new section 53B, which relates to lation is enacted, as aquaculture activities in the Carlingford Lough and the southern side of area will be licensed. Individual licence holders Lough Foyle, which is in Northern Ireland. Is will have exclusive rights in the licensed area to there not a discrepancy between the licences, in cultivate that area. The ownership of any fish that the sense that the operators on the Southern side is farmed will be vested in the licensees. of Lough Foyle are being treated differently to The aquaculture implementation plan for the operators on the Northern side of the lough Lough Foyle sets out how the agency proposes to and the operators on both sides of Carlingford regulate aquaculture activities in that area. The Lough? While the implementation plan sounds plan provides that consideration be given to fair and interesting, was it not possible to include applicants’ history, commitment and experience a reference to it somewhere in the Bill, for in the aquaculture sector, including previous fin- example in one of the Schedules? ancial investment. The circumstances in the Foyle area are different to the circumstances that per- Mr. Browne: The Minister, Deputy Noel tained in the Wexford area prior to the licensing Dempsey, gave serious consideration to the issues of aquaculture activities there, as there are some raised by Deputy Broughan following the Com- special areas of conservation in the Foyle area, as mittee Stage debate. He felt it was not appro- well as wild mussels and oyster fisheries. The priate or suitable to introduce an amendment to agency will conduct a strategic environmental deal with the issues in question. assessment, followed by an environmental impact assessment or an appropriate assessment under Mr. Perry: I would like the Minister of State to Article 6 of the habitats directive. The assess- comment on the salmon issue. Is he aware of the ments will enable the agency to determine which payment of £7 per tag? areas are suitable for aquaculture. They will iden- tify sites that are unsuitable, or protected under An Leas-Cheann Comhairle: The Minister of environmental legislation. Consequently, some State has spoken twice on this amendment. operations may not be permitted to continue in their present location. The details of the suitable Amendment, by leave, withdrawn. sites and protected areas will not be available until the studies have been completed. In the cir- Mr. Broughan: I move amendment No. 5: cumstances, having seriously considered the In page 6, between lines 8 and 9, to insert views of the Deputies, it is not possible to incor- the following: porate an amendment of this nature. However, following the Wexford analogy there will be full “(2) In granting licences the Commission consultation. The various studies will be pub- must recognise existing and historic rights of lished for consideration by interested parties. tenure for current long-standing operators I will now speak about amendment No. 11. on Lough Foyle. The allocation of such Section 53 of the 1952 Act provides that aquacul- licences on Lough Foyle should follow the ture licences shall define the position and limits precedent established at Wexford Harbour.”. of the licence area. Current licences in Carlingford Lough are covered by section 53B, Mr. Browne: In reference to an issue raised by which provides that when the Bill is enacted, Deputy Broughan, the 1959 Act and the sub- 1647 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1648

[Mr. Browne.] credibility that will attach to the board will sequent legislation does not apply in the Foyle depend on the people who are appointed to it by area. the Minister. The public will be reassured by the level of transparency and consultation with the Mr. Perry: It does not apply. stakeholders. I have no doubt the tenure and investment of the licence holders in the past will Cecilia Keaveney: No. be taken on board in the future issuing of licences to them and new entrants. It is possible there will Amendment put and declared lost. not be many new entrants; it will probably be the same stakeholders. An Leas-Cheann Comhairle: As amendments The Minister has been frank that this does not Nos. 7 and 8 are related to amendment No. 6, encompass everything but I believe he is taking amendments Nos. 6 to 8, inclusive, may be dis- account of the concerns of people who have cussed together, by agreement. invested heavily up to now. It is regrettable there was not more public consultation about this Bill. Mr. Perry: I move amendment No. 6: People might have been given a level of reassur- ance which they have not received to date. In page 6, line 19, after “sea” to insert “or an oyster bed,”. Cecilia Keaveney: I understand what was said These amendments relate to aquaculture licences, on Committee Stage. It is the same as the argu- which I have spoken about previously. I am keen ment regarding mussels. We need legislation to ensure that oyster fisheries be included in this because there is no ownership and there are no section. It is unfortunate that this legislation neg- licences. That is the reason this Bill is necessary. lects to refer to the protection of wild oyster beds. Amendment No. 8 provides that the commission I hope these amendments will be accepted. The shall not license a person to engage in aquacul- Fisheries (Amendment) Act 1997, which states ture within the limits of an oyster fishery that is that an aquaculture licence should not interfere the property of a private person. That is what the with oyster beds, is the only protection given to legislation is about; there is no ownership of wild oyster beds in the Republic. I am not sure either mussel or oyster fisheries in the Foyle area. why this protection is not included in the Bill. However, there is a traditional element of oyster Wild oyster fisheries provide employment. fishing and people have invested in the oyster Careers in this area have been handed down fishery in the same way as there has been invest- through the generations. I was disappointed with ment in the mussel fishery. the response to this amendment on Committee I hope the mapping that will be done by each Stage, when the Minister, Deputy Noel Dempsey, sector and by the Department in the context of said that “oyster fisheries in Lough Foyle are examining special areas of conservation and other public fisheries — they are not owned by any environmental matters will take account of all the individual or body” and, therefore, “it is not different interests. I do not know enough about necessary to seek consent”. It may not be neces- the science to know whether it will form a neat sary to hold discussions with the parties involved package that will discriminate one area from in this area. It is shocking simply to ignore the another. The Minister spoke on Committee Stage many years of hard work done by fishermen in about sanitary areas between mussels and oysters. Lough Foyle to develop the oyster fisheries there. I hope that can be worked out and that it will not This issue affects those who work in the mussel, cause major arguments. I am told by most of the oyster and salmon fisheries. There is a great deal fishermen I have talked to that there is room in of uncertainty within the industry. the Foyle for everyone. In that context, I hope I fully recognise that this Bill forms part of the those who have invested in oyster and mussel implementation of the Good Friday Agreement. fisheries will be given adequate recognition so However, I have referred to many issues that they can become the owners of licences and cannot be ignored. When one examines the become the real owners and stakeholders. The development of the industry over recent years, it Department, through the Loughs Agency, should is obvious that a great deal of funding has been recognise the investment they have made. allocated to it. Updating of the relevant legis- lation has also played a part in the satisfactory Mr. Broughan: I support the amendments. development of the sector. The lack of develop- Deputy Perry correctly raised the rights of people ment of the State’s inland fisheries over the years who have been involved in the oyster fishery in contrasts with the astute management in this area. particular and seeks to ensure that their historical It is clear that great progress has been made with entitlements are recognised. As Deputy wild aquaculture and farm aquaculture. This Bill Keaveney said, the rights of all the stakeholders will regulate aquaculture to a fair degree. There is should have a place in the implementation plan. a great deal of uncertainty in the industry. While I It appears we must wait for that plan. The Mini- do not doubt what the Minister of State has said, ster does not seem to be of the view that we can it is important that assurances are adhered to, in insert a protective amendment for the oyster fish- line with the spirit of the Bill. The degree of ery. The argument for it has been well made by 1649 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1650 my colleagues and I ask him to reconsider Amendment put and declared lost. accepting these amendments. Mr. Perry: I move amendment No. 7: Mr. Ferris: I support Deputy Perry’s amend- In page 6, line 27, after “fishery” to insert ment regarding the oyster fishery. The traditional “(including an oyster fishery)”. right to fishing has existed there over the years and it would be an awful injustice if the fisher- men’s rights and entitlements were not protected Amendment put and declared lost. in the future. Mr. Perry: I move amendment No. 8: Mr. Browne: Oyster fisheries in the Foyle are In page 6, between lines 30 and 31, to insert public fisheries. As they are not owned by any the following: individual or body, it is not necessary to seek such consents as requested by Deputy Perry in the “(5) The Commission shall not license a amendment. Regional fisheries boards may issue person to engage in aquaculture within the oyster licences in the jurisdiction under the Fish- limits of an oyster bed or oyster fishery eries (Consolidation) Act 1959. However, this which is the property of any private person or to which an oyster bed licence or oyster Act does not apply in the Moville area and no fishery order relates, without the consent of such licences have been issued with regard to the that private person or of the person who for Foyle. Oyster fishery orders may be made under the time being is beneficially entitled to the the 1959 Act but such orders do not apply in the oyster bed or oyster fishery.”. Moville area. Wild oyster fisheries will be regulated under section 13 of the 1952 Act if this Bill is enacted. Amendment put and declared lost. The environmental study will identify the differ- ent fisheries and aquaculture interests. The An Leas-Cheann Comhairle: Amendment No. amendment of the definition of “fish” on Com- 10 is related to amendment No. 9. Amendments mittee Stage will greatly facilitate the fair and Nos. 9 and 10 will be discussed together. transparent regulation of aquaculture and fisher- ies, mussels and oysters, in the interests of all the Mr. Broughan: I move amendment No. 9: stakeholders. In these circumstances, the pro- In page 7, line 14, to delete “may” and sub- posed amendments are not necessary. stitute “shall”.

Mr. Perry: It is regrettable that the 1959 Act This relates to subsection (2) of section 53B of does not apply to Moville. I respect Deputy the 1952 Act which states: Keaveney’s remarks because she knows better Without prejudice to any other provision of than anybody how sensitive the issue is there. The this Part, regulations under subsection (1)(a) derogation in the 1959 Act does not give the may contain provisions similar to the pro- Minister many powers with regard to the imple- visions of Directive 85/337/EEC and may, in mentation of what would apply elsewhere in the particular, require the Commission, when con- State. As Deputy Keaveney stated, there should sidering whether to grant an aquaculture be enough for everybody in the Foyle but it will licence, to take account of any information depend a great deal on the science. Given the received by, or representations made to, the huge scientific resources available, it should be Commission which relate to the impact of possible to identify areas to ensure there is not aquaculture on the environment. an overlap of mussel and oyster fisheries. The amendment seeks to change “may” to It is a huge area. I do not know the size of the “shall”. The requirement should be mandatory. body of water but it looks huge when one drives The provision I quoted seems to contradict the into the peninsula. Obviously, the concern is that revised section 53C which follows it. That states: there would be an intensity of licensing in one “In determining any application for an aquacul- area. It is important that the mussel and oyster ture licence, the Commission should consider any fisheries are clearly and separately marked out. written representations relating to the application Apparently, the people who fish for oysters do which are received by the Commission within the not fish for mussels. period of 28 days...”. This was discussed on Com- mittee Stage. I welcome the Minister’s amend- Cecilia Keaveney: It is mainly separate. ment. He has stated that he would consider my amendment even though he had some doubts Mr. Perry: The same operator would not fish about it. He has extended the provision to include for both mussels and oysters. I accept the Mini- any representation made to the commission ster’s comments. However, it is important that which relates to the impact of aquaculture on the the scientific survey of the waters would indicate environment. At the Government’s presentation what capacity there should be for each licence to on seafood a few weeks ago there seemed to be be granted. If there is public consultation with all a view held by the Taoiseach, the Minister and vested interests, the lack of trust could diminish. the Minister of State, that aquaculture must be 1651 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1652

[Mr. Broughan.] 10 be accepted and that amendment No. 9 need the way forward in the long term if there is to be not be accepted in these circumstances. a sustainable seafood industry which could meet the challenge of the massive requirements for An Leas-Cheann Comhairle: Is amendment nutrition, given the benefits of seafood. The No. 9 being pressed? environmental impact is critical. One of my first contributions in the House and in the Joint Com- Mr. Broughan: In the context of the Minister of mittee on Communications, Marine and Natural State’s response, I will withdraw the amendment. Resources, was to do with complaints I received regarding Lough Swilly and the environmental Amendment, by leave, withdrawn. impact of aquaculture in that waterway on the other side of Inishowen which is very beautiful Mr. Browne: I move amendment No. 10: and famed. The environmental impact is critical In page 7, line 41, after “application” to to the issue of the sustainability of aquaculture if insert the following: this is the way forward in increasing the supply of seafood. The Labour Party and my colleagues in “(including any representations made to the Fine Gael and Sinn Fe´in have our own views Commission which relate to the impact of about the targets put forward in the Govern- aquaculture on the environment)”. ment’s seafood strategy and the question of fund- ing. The Minister put forward a proposal for 3.5% Amendment agreed to. of the total national development plan budget for his Department to be put into fisheries. This Amendment No. 11 not moved. amount should be revisited by the next Govern- ment, whatever its composition. An Leas-Cheann Comhairle: Amendments I do not see why the Minister should not make Nos. 12 and 13 are related and may be discussed it mandatory that there be a requirement for sub- together. missions on environmental impact on our coastal waterways because we all have to live in the Mr. Broughan: I move amendment No. 12: environment. These waterways must be protected at all costs while encouraging coastal communi- In page 16, line 50, after “available” to insert ties to develop sustainable seafood industries. “electronically and”. I note that as in the case of amendment No. 9 the Mr. Browne: Section 53 of the Bill is an Minister has inserted the words, “where practi- enabling provision empowering the Loughs cable”. We are becoming used to doing our busi- Agency to make regulations concerning appli- ness by electronic means and it would be good to cations for aquacultural licences. As an enabling be able to see the register on-line, just like other provision it is written in discretionary terms. The registers and the planning lists. I would not put amendment proposed by the Deputy is manda- in the words, “where practicable” but I accept the tory in nature and as such is not compatible with Minister’s proposal. I will withdraw amendment an enabling provision such as this. Any regu- No. 12 in the context of what the Minister has lations made by the agency will require the prior done in amendment No. 13. approval of the North-South Ministerial Council. Members will recall that the Minister, Deputy Amendment, by leave, withdrawn. Noel Dempsey, shared Deputy Broughan’s con- cerns on Committee Stage and undertook to Mr. Browne: I move amendment No. 13: obtain legal advice on the matter to see how best In page 17, line 1, to delete “inspection by these concerns might be addressed. My officials the public” and substitute the following: have discussed the position with their Northern counterparts and the legal advisers in the two “inspection (including, where practicable, jurisdictions. On foot of the agreement reached inspection by electronic means, by the in the course of these discussions, I am proposing public)”. amendment No. 10 which I believe meets the con- cerns expressed on Committee Stage. One of the Amendment agreed to. points made on Committee Stage was that obli- gation on the Loughs Agency in respect of the An Leas-Cheann Comhairle: Amendments consideration of representations on the environ- Nos. 14 and 22 are related and may be discussed mental matters in section 53B is discretionary together. whereas section 53C imposes a mandatory obli- gation on the Loughs Agency to consider any Mr. Broughan: I move amendment No. 14: written representations made in respect of an In page 17, between lines 26 and 27, to insert aquacultural licence application. The amendment the following: I have proposed ensures that this mandatory obli- gation in section 53C will apply to representations “(2) Regulations under subsection (1) will made in respect of the impact of aquaculture on provide that the level of fees to be charged the environment. I propose that amendment No. shall be indexed to the general level of aqua- 1653 Foyle and Carlingford Fisheries 6 February 2007. Bill 2006: Report and Final Stages 1654

culture and fisheries licensing fees in the in accordance with an order of the Da´il of this Republic of Ireland.”. day: “That the amendments set down by the Minister for Communications, Marine and This amendment is a plea to the Minister. These Natural Resources and not disposed of, are amendments refer to the concerns of stake- hereby made to the Bill, Fourth Stage is hereby holders about the level of fees that would be util- completed and the Bill is hereby passed.” ised, given the context of the earlier salmon dis- cussion in which colleagues were engaged and the Minister of State at the Department of commission’s need for revenue. Stakeholders Communications, Marine and Natural Resources were gravely concerned that licences and fees (Mr. Browne): This Bill is an important measure would tend to be higher than equivalent fees in in the delivery of services by the North-South the Republic. It was the view that they should be Body as envisaged in the Good Friday Agree- indexed to the level of fees in this jurisdiction. ment. I thank Deputies, particularly Opposition We have become accustomed to this with the drift Members, for their co-operation on progressing and draft licences. They came before the House the legislation and for recognising the importance and we were able to invigilate them. Our stake- of its enactment in tandem with the equivalent holders on the two loughs should not be dis- legislation in Westminster. advantaged as against those in other parts of I also thank Deputy Keaveney, who comes Ireland, and they should not be treated harshly. from one of the areas covered by the legislation, for her valuable contribution. I also acknowledge Cecilia Keaveney: On the same point, in my the commitment and good will constituency the same people are fishing both in 10 o’clock officials, particularly those in the the Foyle and the Swilly. There has always been Office of the Parliamentary Counsel a stricter regime in the Foyle than in the Swilly. I and the Office of the Attorney General, have ask that the assurances given previously by the shown in progressing the legislation over a Minister with regard to indexing and an equal number of years. I thank officials from the North, playing field with regard to fees be considered. I particularly those in the Department of Agri- am not sure if it needs to be included in the legis- culture and Rural Development, the Office of the lation but the assurances were given before by the Minister and I want to reiterate my concerns Legislative Counsel and the Loughs Agency, who that my constituents can be treated in two differ- have made a major contribution to advancing the ent ways on the same peninsula. Bill. I thank officials from my Department for their contribution over the years and the advice Mr. Browne: Aquacultural licence fees are cal- they gave the Minister for Communications, culated differently in the two jurisdictions. In this Marine and Natural Resources, Deputy Noel jurisdiction the same Minister has responsibility Dempsey, and myself in recent weeks. for licensing aquaculture and the foreshore. The bulk of the fees are levied through the aquacultu- Mr. Perry: I thank the Minister of State and his ral licence, having regard to the productivity of officials for the briefing provided to Deputies on the licensed site. In Northern Ireland the bulk of this complex legislation. The Fine Gael Party was the licence fees relate to the foreshore and are pleased to co-operate with him on progressing levied by the Crown Estates Commission. In this important cross-Border legislation. I under- terms of aquaculture operating in the Foyle, it has stand the reason clarification cannot be given in been agreed that the fees in respect of the fore- certain areas. The new cross-Border body will set shore will be shared between the Crown Estates an example for future management of inland fish- Commission and my Department. The scale of eries. I compliment the Minister of State on his the fees is the subject of ongoing negotiations openness and frankness as regards the legislation. between my Department and the Crown Estates I am certain the commitments given but not Commission. It is intended that as far as possible enshrined in the legislation will be taken on board the fees applicable to the Foyle should be consist- by the secretariat which is given responsibility for ent with the fees applicable in Ireland and its implementation. Northern Ireland. Fees in respect of fishing licences are calculated by the Loughs Agency, Cecilia Keaveney: People in the Foyle region having due regard for the existing policy in the have waited 13 years for the legislation. On 2 two jurisdictions. Any regulation that the agency April 2007 it will be 11 years since I was elected may make in respect of fees will have to be to the House. Promises were given in the run-up approved by the North-South Ministerial to every new legislative programme that it would Council. Deputies will appreciate that as this is a include this Bill. I thank the Minister and Mini- North-South Body, it is not possible to index its ster of State and their officials. I also thank fees to those applicable in Ireland. Any decision Opposition Deputies for working with the relating to the North-South Bodies must be Government. agreed jointly. Accordingly, it is not appropriate The most significant element of the Bill was the to make these type of amendments. change in the definition of shellfish and ensuring its provisions extend to the fish the legislation An Leas-Cheann Comhairle: As it is now 10 must cover. This issue was missed by many in the p.m. I am required to put the following question media who appeared to find it too complicated to 1655 Mental Health 6 February 2007. Services 1656

[Cecilia Keaveney.] opments since A Vision for Change was launched understand. I note the interest of members of the a year ago to great fanfare as the bible for the media today. development and modernisation of psychiatric We did not want legislation to touch a cap to services. the concept of North-South bodies. Fishermen The Irish Psychiatric Association has been sca- will have to implement the provisions. The issue thing about the work completed over the past 12 has not been fully addressed by any stretch of the months. Its public relations officer, Siobha´n imagination and difficulties will arise in the Barry, stated that experience at the coalface has implementation phase. However, if the imple- been so disappointing that the enthusiasm felt by menting plan is made as clear as possible, these service providers 12 months ago has dissipated difficulties will be minimised. The Bill provides a and been replaced by a feeling of betrayal. After badly needed framework which we will be able one year, structures should have been established to work. and there is disappointment and dismay at devel- I thank everyone involved in the Bill and I do opments. Dr. E´ amonn Moloney stated that one not underestimate the difficulties involved in third of community-based psychiatric teams, the bringing it to this point. I ask Ministers and their establishment of which is a key proposal in the officials to maintain their interest in the Foyle new policy, have fewer than 50% of staff. He fisheries, which are as much a part of this country noted that at the current rate of appointments — as any of the Ministers’ constituencies. 24 posts were filled last year — it will take 25 years to implement the recommendations on staff Mr. Broughan: I thank officials for their assist- requirements set out in A Vision for Change. ance and the briefing they provided which Siobha´n Barry described the approach to capital informed this discussion. I thank the Minister of development as “shameful, shabby and shoddy”. State, Deputy Browne, who, in his usual affable The national mental health directive, she added, manner, completed the passage of the Bill which is cost neutral, has not been implemented. through the House. I am also grateful to him and The Government is not serious about imple- the Minister for accepting a number of Labour menting A Vision for Change. A Vision in Hind- Party amendments. sight states: As Deputy Keaveney noted, this is an important Bill for people on either side of Lough There has been little evidence that the task Foyle and Carlingford Lough. Its enactment will of implementing A Vision for Change has been constitute a practical realisation of the work seriously tackled by the HSE to date. The HSE under way since the British-Irish Agreement Implementation and Expert Advisory Groups entered into force in 1999. A similar Bill will took almost 6 months to be established and come before the House next week. Developments they have each met only 3 times since. No for- such as these offer hope. Close co-operation mal geo-mapping exercise has yet been conduc- between the two jurisdictions, working in tandem, ted by the HSE and this would, in our view, be are the way forward for this country. a fundamental task.

Mr. Ferris: I thank the Minister of State and Insufficient funding has been allocated to imple- his officials. I am also grateful to Deputy menting the recommendations of A Vision for Keaveney and members of other Opposition par- Change. A Vision in Hindsight notes that \ ties for the responsible manner in which they although 26 million was committed nationally to approached this debate. The cross-Border dimen- the development of new mental health services in sion of the legislation is of fundamental import- 2006, at the time of commencement of A Vision ance and marks the Bill as historic. I thank every- for Change, the level of funding received by indi- one associated with it. vidual services has been small, with none of the services receiving more than \500,000. This fund- Question put and agreed to. ing has been insufficient to create the new multi- disciplinary teams the report recommended, and Adjournment Debate. for which it was allocated. Last week, the Minister of State was unable to ———— provide information I sought in a parliamentary question concerning the percentage of health Mental Health Services. expenditure allocated for psychiatric services. He indicated the figures were being calculated and Mr. Neville: I thank the Ceann Comhairle for would be forwarded to me later this month. The the opportunity to raise this important issue and Irish Psychiatric Association has calculated the welcome my fellow Limerick man, the Minister of figure. Its report states: State at the Department of Health and Children, Deputy Tim O’Malley, to the House. The Irish An unprecedented increase of \1.1bn in the Psychiatric Association has published an eval- health spend was announced in the 2007 budget uation of the first 12 months of the national men- — bringing the total to \14 billion. Of that, tal health policy, A Vision for Change. Entitled \800m is allocated to mental health as revenue A Vision in Hindsight, its report examines devel- funding and \25m to new service devel- 1657 Mental Health 6 February 2007. Services 1658

opments. A Vision for Change advised that An Leas-Cheann Comhairle: The Minister of implementing their recommendations would State without interruption. require the mental health percentage of the health budget to increase from its previous Mr. Neville: This is not political, it is 6.9% to 8.24% — the meagre increased fund- independent. ing for mental health in 2007 brings that per- centage down to below 6%, indicating clearly Mr.T.O’Malley:I suggest to the Deputy that that we are moving in the opposite direction! other people have views, as well as the con- \ sultants. Almost one third of the 25 million development The past year has been one of great change funding the Minister of State committed to men- within mental health in Ireland with the launch tal health services in 2007 has been earmarked for of A Vision for Change, the report of the expert child and adolescent mental health services. More group on mental health policy in January 2006, than one fifth of this funding has been committed the full implementation of the Mental Health Act to contingencies brought about by the commence- 2001 from 1 November 2006, growing service ments, as required by the Government, of the capacity and additional investment. I assure the Mental Health Act 2001 and the Criminal Law Deputy that the Government is committed to the (Insanity) Act 2006. This leaves little funding to full implementation of A Vision for Change and be shared out among disparate areas of need. has accepted the report as the basis for the future \ Only 1.8 million of the money for new services development of our mental health services. has been allocated to generic adult mental health Implementation of the individual recom- services in 2007. It is clear from those sums that a mendations of A Vision for Change is a matter continuation of the expanded community services primarily for the Health Service Executive. In that began in 2006, at the time of the launch of July 2006, the HSE established an implemen- A Vision for Change, has not been incorporated tation group to ensure that mental health services within this year’s budgeted programme. develop in a synchronised and consistent manner One year after the document’s publication, the across the country and to guide and resource Irish Psychiatric Association says that at the most service managers and clinicians in making the senior level little thought appears to have been recommendations in A Vision for Change a given to organisational development, financial or reality. otherwise, to enable its implementation. If the Some of the work carried out to date includes funding issue is being debated at all, it is being informing all relevant stakeholders, including done in the abstract. The Irish Psychiatric Associ- staff, voluntary agencies, service user representa- ation states: tives and media, of the recommendations in the report; developing additional capacity in child The vision is vanishing and with it the oppor- and adolescent services to reduce the dependency tunity and goodwill to make it possible. Those on adult services for this client group; commen- affected by mental ill health are close to yet cing the establishment of 18 additional multi-dis- another political betrayal. The public service ciplinary adult psychiatric teams; preparing for users and carers in our organisation are ang- eight additional child and adolescent multi-dis- ered, disappointed and cannot accept this lack ciplinary psychiatry teams; developing a popu- of progress. We, together with service users lation based resource allocation model; pro- and providers, now demand urgent political cessing the full economic value of psychiatric and administrative action or, failing that, seek hospital buildings and lands for reinvestment in electoral accountability. the mental health services; training for 5,300 staff employed in the service; establishing the interim Minister of State at the Department of Health national service users executive, which I launched and Children (Mr. T. O’Malley): I thank Deputy last week together with a mental health resource Neville for raising this matter on the Adjourn- pack for use in primary care; and establishing the ment. I am intrigued by his statement that this is project team to develop the new Central Mental an independent report. Hospital. In March 2006, I appointed an independent Mr. Neville: It is not a political report. monitoring group to monitor progress on the implementation of the recommendations of A Mr. T. O’Malley: Not at all. Consultants are Vision for Change. The group will monitor and never political. assess progress on the implementation of all the recommendations, including those which fall Mr. Neville: This is an independent evaluation. under the responsibility of the Health Service Executive, Government Departments and other Mr.T.O’Malley:I understand what the Deputy relevant agencies. The group is to submit its first is saying. annual report in mid 2007. The chairpersons of the implementation group Mr. Neville: It is not my report. I have said and the monitoring group will meet in the near much of this in the past in a political context. future. Following that meeting, the Health 1659 Female Genital 6 February 2007. Mutilation 1660

[Mr. T. O’Malley.] ures result in women fleeing the country with Service Executive will publish a progress report their children, leaving behind other family and will outline the proposed implementation members, including husbands and older children, programme over the ten-year life of A Vision for to ensure their own daughters are not cut. Change. Both these groups will play an important Agencies such as the UNFPA and UNICEF role in ensuring that the recommendations are estimate that at least 130 million women have implemented in a co-ordinated and timely been forced to undergo female genital mutilation. manner. Another 2 million are at risk each year from this The Government has almost trebled expendi- degrading and dangerous practice. We have a ture on mental health from \326 million in 1997 responsibility to ensure the elimination of this to \835 million in 2006. We have already allo- practice wherever it occurs. In many ways we are cated a total of \51 million additional funding for working towards that goal. I applaud the Minister 2006 and 2007 to implement A Vision for of State at the Department of Foreign Affairs, Change. This is one third of the total funding esti- Deputy Conor Lenihan, whose initiative allowed mated by the expert group to implement fully the Irish Aid to become involved in preventing and mental health strategy over seven years. responding to gender-based violence, particularly A Vision for Change outlines a comprehensive in conflict situations. Our leadership in high- model for mental health service provision for lighting the issue has earned the country great Ireland. It describes a framework for building and kudos. fostering positive mental health across the entire Our support of UNFPA is also vital in this community and for providing accessible, com- respect. UNFPA supports women’s groups and munity-based, specialist services for people with parliamentarians in promoting laws to protect mental illness. This Government is committed to women and girls against female genital muti- the further development of our mental health lation. The agency recognises that legal action services throughout the country and to ensuring alone is often not enough to deal with such tra- that they will continue to be improved and ditions. Therefore, it takes a culturally sensitive enhanced in the coming years. approach, working with local power structures to mobilise communities and undertake broad advo- cacy campaigns to offer alternative rituals. Female Genital Mutilation. We need to have the courage to recognise that these practices are beginning to permeate our Ms F. O’Malley: I am grateful to have an society. In September 2006 the UN Committee opportunity to discuss this important issue today, on the Rights of the Child urged the State to con- the date chosen to focus attention on the eradi- tinue its efforts to implement targeted prog- cation of female genital mutilation. I feel it is rammes which sensitise all segments of the popu- incumbent upon me to raise this issue. The lation as to its extremely harmful effects. We are United Nations Family Planning Association and not doing enough. Rather than merely continue UNICEF estimate that every day approximately as we have done, we should make stronger efforts 6,000 girls are subjected to this cruel fate. The to prevent the practice taking root in Ireland. practice is continuing and it says much about the I welcome the opportunity afforded to me to role of women. It is incumbent on Deputies to highlight the issue. I look forward to the response raise this matter. I note that over 20 Members of of the Minister of State. the House are women. Female genital mutilation is a violation of the Mr. T. O’Malley: I thank Deputy Fiona basic rights of women and girls. It is a dangerous O’Malley for the opportunity to speak on this and irreversible procedure that negatively important matter. I apologise on behalf of my col- impacts on the general health, child-bearing capa- league, the Minister for Health and Children, bility and educational opportunities of girls and Deputy Harney, who cannot be present. women. There is anecdotal evidence that this Female genital mutilation is a barbaric act practice is being carried out in Ireland. Health which constitutes an assault causing serious harm workers and voluntary sector groups have been to the girls and women on whom it is performed. approached by women querying how they can get It is a deeply-rooted traditional practice which the procedure done to their daughters in Ireland. continues in countries in Africa, the Middle East This reflects the fact that we have not made it and Asia. The age at which it is performed varies clear that such a practice is illegal. We should from area to area. It may be performed on take every opportunity to make it perfectly clear infants, female children and adolescents or, to people that it is against the law and not some- occasionally, on mature women. It is not only thing we would countenance. When we get the extremely painful but results in serious mutilation opportunity to highlight the matter on a day like and may cause infection and death. It exposes today — the international day for the eradication young girls and women to high health risks and of female genital mutilation — we should do so. seriously affects the quality of the rest of their We know of parents who are seeking refuge lives. in Ireland to ensure that their daughters are not The Minister for Health and Children has circumcised. Intolerable societal and family press- obtained legal advice from the Attorney General 1661 Avian 6 February 2007. Flu 1662 that female genital mutilation is an offence under believe more stringent precautionary measures the Non-Fatal Offences Against the Person Act are needed in the face of this threat. 1997. The advice states, inter alia, that it is likely The decision of the Minister for Agriculture that performing an act of female genital muti- and Food, Deputy Coughlan, to ban imports of lation would comprise an intentional act which birds from Britain for shows and gatherings is not causes serious harm and would thus be an offence enough. Four states — Hong Kong, Japan, Russia under section 4 of that Act. If the act of female and South Korea — have already banned all genital mutilation was not found to have resulted poultry imports from Britain. While I note the in “serious” harm, it would still be open to the European Commission has today criticised this Garda to prosecute for the similar, though less move, it nonetheless underlines the seriousness serious, offence of assaulting a person causing with which this threat is viewed. In that context, harm, provided for by section 3 of the 1997 Act. the Minister should not limit her reaction to the The Department of Health and Children wrote extent that she has already announced. to the then health boards in 2001, and again in Our priority must be to safeguard human 2004, drawing their attention to the issue of health and the poultry industry on the island of female genital mutilation and requesting that per- Ireland. For that reason, the import of all poultry sonnel working with immigrant populations take and poultry products from Britain to any part of opportunities to educate them about the dangers Ireland, north or south of the Border, should be and unacceptability of the practice. The Depart- stopped until the all-clear is given. This will be ment also wrote to the Department of Justice, objected to on the grounds that it is excessive and Equality and Law Reform in 2004 with regard to would damage trade. However, such a short-term the issue. It asked that staff under the aegis of — I emphasise it would be short-term — disrup- that Department whose work brings them into tion to trade would be negligible if it helped to contact with persons from regions where female ensure this virus did not spread to Ireland, devas- genital mutilation is practised should be made tating the poultry industry and posing a real aware of the issue and should educate and inform threat to human health. such communities about the illegality and unac- The Department of the Environment, Food ceptability of female genital mutilation. The and Rural Affairs in Britain has been unable to Department will be writing to the Health Service confirm whether eggs may have been imported to Executive on the matter again shortly to ensure the infected Bernard Matthews plant in Britain female genital mutilation continues to be the sub- from its plant in Hungary, where there was ject of appropriate awareness and attention another outbreak of H5N1 last month. One of the within the health services. possible ways in which birds at the Bernard I thank the Deputy for raising this important Matthews plant were infected was if one of the issue. Female genital mutilation is a barbaric eggs in the hatchery was already infected from practice and the Government will of course take its mother, perhaps because hatching eggs were any further steps which may be necessary to pro- imported. The British Health Secretary, Ms mote awareness of its illegality and unac- Patricia Hewitt MP, has said that while the risk ceptability in our society. to human health is remote, the British Govern- ment is preparing “very, very seriously and Avian Flu. thoroughly for the possibility of a pandemic flu”. Should we prepare any less? The United Nations Caoimhghı´nO´ Caola´in: I thank the Minister, co-ordinator for human influenza and avian flu, Deputy Coughlan, for attending. I also thank the David Nabarro, has highlighted the high number Ceann Comhairle for the opportunity to raise this of cases of the disease throughout the world at very important matter. I do so both as a spokes- present. He stated that everybody needs to be person on health and children and as a Deputy anxious about the situation. representing Cavan-Monaghan, a constituency All of this emphasises the need for more strin- where the poultry industry is one of the corner- gent measures here. I respectfully urge the Mini- stones of the local economy. Hundreds of people ster to immediately review and revisit her are employed in the industry, which has thriving approach and to return with a revised programme businesses in a region which has not benefited of more strict precautions in order to protect from industrial development to the extent experi- human health and the very important poultry enced in the east and south. For that reason, any industry. damage to this vital sector would be catastrophic for the region. Minister for Agriculture and Food (Mary The confirmation of the outbreak of the H5N1 Coughlan): I thank the Deputy for raising this virus among poultry on the Bernard Matthews issue and for allowing me the opportunity to give plant in Suffolk, England is a cause of very grave the response of my Department to the confirmed concern. This is the strain that when contracted outbreak of highly pathogenic H5N1 avian flu on by human beings can prove fatal. The first confir- a turkey farm in Suffolk. As the House will be mation of such an outbreak in Britain brings the aware, this case was confirmed on Saturday danger right to our doorstep and it requires the morning last, by which time the management most vigorous response from the Government. I committee of my Department’s National Disease 1663 Avian 6 February 2007. Flu 1664

[Mary Coughlan.] Trade in poultry and poultry products is gov- Control Centre, NDCC, had met. One of the key erned by EU Single Market rules. Specific lessons learned, following confirmation of a case measures on avian flu were transposed into Irish of avian flu in a swan last April in Scotland, was law last year, providing for regional restrictions the need to assess the level of risk posed before where an outbreak occurs. I am entirely satisfied taking any action and then to respond accordingly that the measures put in place in England will and, most importantly, appropriately. fulfil their purpose and I am satisfied also that On Saturday last my officials concluded that the rest of Britain should be allowed to trade the very fact of a case in England increased the freely. In the unfortunate event that we were to risk to Ireland but also concluded this was pre- be affected by avian flu, such a regional approach cisely the type of event our contingency arrange- would be of great value to the Irish poultry indus- ments would have anticipated and were designed try with which the Deputy is more than familiar. to cater for. On that basis, I was satisfied as to I share the view expressed by Commissioner the adequacy of the measures in place and con- Kyprianou that restrictions to trade should affect cluded that no immediate further measures were regions or areas and not whole countries as an necessary other than to place our veterinary and entity. My officials have been maintaining close laboratory staff on a higher state of readiness and daily contact with colleagues in London and to ensure the Department’s helpline was Belfast since the outbreak was confirmed and, sufficiently staffed. this morning, officials attended a meeting in The situation was kept under constant review Brussels at which UK officials made a presen- over the weekend and I was in constant contact tation on the outbreak. Tomorrow the issue will with my officials, who were themselves in contact be further considered at a meeting of chief veter- with colleagues in the Department of the Envir- inary officers in Brussels. onment, Food and Rural Affairs, DEFRA, in Earlier today, I spoke to the Secretary of State, London, the Department of Agriculture and David Miliband MP, and wished him well in his Rural Development, DARD, in Belfast and the stated aim of stamping out the disease, protecting European Commission in Brussels. I did not con- public health, protecting animal health and wel- sider that additional measures were merited over fare and regaining the UK’s disease-free status. I also reiterated the value of the close contacts the weekend. between our respective Departments and empha- On Monday morning, DEFRA introduced a sised the need to maintain constant and immedi- ban on shows and bird gatherings in Britain. ate contact between us. After the situation had been reviewed by the Based on the information available to me and NDCC management committee and officials had my Department, I share the assessment of the consulted with colleagues in DARD in Belfast, I European Commission spokesman yesterday that took the decision to ban the importation of birds the UK measures are in place and are working from Britain for shows and gatherings in Ireland. well. Given the manner in which DEFRA The Northern Ireland authorities introduced an appears to have responded to the outbreak and identical ban and, in maintaining the all-island the manner which, to date, it appears to have approach to this issue, neither ban extended to been contained, I am of the view that additional the movement of birds on the island of Ireland protective measures are not warranted at this and shows and bird gatherings continue to be per- time. The situation will continue to be kept under mitted on both sides of the Border. constant review and should circumstances change This measure is a natural extension to what such that additional measures would be appro- DEFRA has done and is entirely proportional to priate, I will not hesitate to introduce such the increased risk posed by the case in Suffolk. measures. At no time was a ban on the importation of poul- Earlier this afternoon, the avian influenza try or poultry products contemplated. Such a expert group, which I established under the chair- measure would have been entirely dispro- manship of Professor Michael Monaghan last portionate and, under Community law, illegal. year, met to review events since the weekend and, Contrary to the Deputy’s suggestion, the British in particular, to assess the response of my Depart- Government is not imposing any such ban. ment. It was the group’s conclusion that the steps It is important to understand what happens we have taken are entirely appropriate. when a case of highly pathogenic H5N1 avian flu I am particularly anxious to maintain an all- is confirmed. A 3 km protection zone and a 10 island approach to this issue. It has worked very km zone are put in place and where considered well over the past 18 months or so and the man- necessary a further restricted zone can be applied. ner in which the two Departments, North and In this case, the UK authorities did so, comprising South of the Border, announced similar measures an area of some 2,000 sq. km. Trade of poultry virtually simultaneously yesterday is clear evi- and poultry products from these areas is restric- dence of the close working relationship between ted. The idea of a further restricted zone is to act the Departments. The commitment of DARD to as a buffer between the affected areas and the working together with my Department to mini- rest of the country and to facilitate trade from the mise the risk to the island of Ireland is recognit- rest of the country. ion of the value of an all-island approach. 1665 Water and 6 February 2007. Sewerage Schemes 1666

Deputy O´ Caola´in referred to the threat to build and operate option which it had previously human health. There is little or no human health ignored. aspect associated with this outbreak and it has The protracted delay which has surrounded the little or no human implications for this country. delivery of this vital infrastructure for Kildare There are no recorded cases of workers in the town has had serious consequences for the local poultry industry contracting avian flu and, as the community and the local economy. All construc- Deputy well knows, there are no dangers associ- tion work, other than that being undertaken by ated with consuming properly cooked poultry the local authority itself, is at a standstill and busi- meat, a point emphasised time and again by the nesses have already moved out of the area as the Food Safety Authority of Ireland, Safefood, the council has operated a policy of refusing practi- European Food Safety Authority, the Food Stan- cally all planning applications until recently, when dards Authority in the UK, etc. development proposals were permitted with the I wish to comment briefly on suggestions in the proviso that no construction take place until con- media and from Members of the House that there tract documents are signed for the new treat- is an inevitability about Ireland being affected by ment works. avian flu. Let me be clear, there is no such inevi- Kildare town was long regarded as one of the tability. Of course, there is a possibility and as worst bottlenecks on the N7, until its bypass was the most likely source of introduction is through completed at the end of 2003. It was generally migrating wild birds, the Department and I are expected that in returning the town to its people, limited in what we can do to prevent such a possi- a new development dynamic would be released bility. Our focus, therefore, is on ensuring that all which would see the town grow and prosper. This the necessary means are in place to ensure the has been the experience in many other towns early detection of any case or outbreak, the throughout the country, but has not yet come to efficient control and management of such a case pass in Kildare, because of the sewage treatment and the speedy eradication of the disease and the plant logjam. restoration of the country’s disease-free status. I am extremely disappointed with the lack of priority which the council has given to this vital Water and Sewerage Schemes. project over the past five years and with the lack of progress on a number of other important waste Mr. O´ Fearghaı´l: I thank the Leas-Cheann water projects in County Kildare. It has recently Comhairle for the opportunity to raise this emerged that the major mid-Kildare waste water important issue for Kildare on the Adjournment facility at Osberstown is near capacity and that it of the House and I thank the Minister for the may be 2008 before a contract is in place for its Environment, Heritage and Local Government, extension. This situation is already beginning to Deputy Roche, for being here at this late hour to impact negatively on developments in Naas and address the issue. Newbridge. Kildare town, with a population of approxi- When one looks at the lack of progress by the mately 9,000 people, is serviced by an antiquated council on a variety of such projects across the waste water treatment plant which discharges county, one wonders whether the council, con- into the Tully River. The treatment plant is over- trary to the provisions of its development plans, loaded, with just about 9,000 person equivalents seeks to suppress the growth in the county’s and, in any event, the Tully River is incapable of population by allowing these infrastructure defi- absorbing any further discharge. cits to prevail. The need for a new sewage treatment works In terms of the current proposal for Kildare was highlighted in the mid-1990s and the objec- town, what is envisaged by Kildare County tive was firmly written into the 2002-08 develop- Council is a modular plant discharging via a leng- ment plan for Kildare town. Despite this, it was thy pipeline to the River Barrow. The initial not until late 2005 that Kildare County Council package would have a capacity for 14,000 person completed its environmental impact statement on equivalents, which I suggest is wholly inadequate. the waste water treatment plant. This was duly As the lack of sewerage capacity has rendered the approved by An Bord Pleana´la on 10 March 2002 area plan for Kildare town totally redun- 2006. Considerable documentation and corre- dant, we can expect an explosion of development spondence passed back and forth between the on long-zoned lands as soon as treatment facili- Department of the Environment, Heritage and ties are in place. It would be completely irrespon- Local Government and Kildare County Council sible to disregard this fact. between May and November 2006, when the I urge the Minister for the Environment, Heri- Department rejected the council’s procurement tage and Local Government to issue the speediest strategy for the waste water treatment plant. possible approval for the Kildare waste water I understand that following discussions treatment facility, which should have a minimum between the council and Department officials, capacity for 25,000 person equivalents. I further Kildare County Council will now consider request the Minister to review the delivery by delivering the treatment plant by way of a public Kildare County Council of water and sewerage private partnership arrangement or the design, schemes in the county. 1667 The 6 February 2007. Adjournment 1668

Minister for the Environment, Heritage and development. The new infrastructure will also, of Local Government (Mr. Roche): I thank the course, improve water quality in the Tully stream, Deputy for the opportunity to clarify the position the Finnery river and, in turn, the River Barrow. on this important issue. I admire the forthright All the multi-million euro projects being and candid submission he has made to the House. funded by the taxpayer must undergo detailed I appreciate fully the Deputy’s concerns about planning and assessment to ensure that they meet the negative impact on Kildare town of the leth- their objectives and are designed and constructed argic approach adopted on this matter to date. in as economical a manner as possible. However, The Kildare town sewerage scheme is one of a I am glad to report that the Department’s exam- total of 19 water services projects being pro- ination of Kildare County Council’s preliminary gressed in County Kildare at present, with the report on the Kildare scheme is now very close to support of unprecedented Exchequer funding being finalised. I once again accept the Deputy’s points regarding issues that have delayed the from my Department under the national develop- scheme; he is quite right in his analysis. ment plan. The investment in new water services I also fully agree that this project is vitally infrastructure all around the country has made a important to the development of Kildare town as key contribution to economic growth that has a whole. In particular, I am anxious to ensure that benefited every part of Ireland. I am therefore as ´ it be advanced as expeditiously as possible to impatient as Deputy O Fearghaı´l with any facilitate redevelopment of the former Magee unnecessary bureaucracy, red tape or delay in barracks under the affordable housing initiative. introducing proposals of local environmental The Magee project offers an exciting opportunity, importance. not just to deliver affordable housing but to The range of new water and sewerage schemes secure a major regeneration covering a large area planned or in progress in Kildare provides strong close to the heart of the town. The Department evidence of the Government’s determination to will work closely with the council towards that safeguard the environment while making pro- end. vision for new housing and jobs, and all the other The Department is fully committed to starting requirements of a successful and growing econ- the scheme as quickly as possible. I expect and omy. The Department’s current water services will accept nothing less in terms of local ambition. investment programme covering 2005 to 2007 I assure Deputy O´ Fearghaı´l that we will com- commits over \220 million to water and sewerage plete the assessment of Kildare County Council’s schemes in County Kildare. All those should be report very shortly, with a view to putting the in place as soon as possible. Many towns and vil- scheme out to tender as soon as possible. I have lages around the county can look forward to a taken very careful note of the Deputy’s points new or upgraded water supply and sewerage and will bring them to the attention of the rel- facilities. Those projects should be approached evant departmental personnel. I will request that with ambition locally. the various serious observations made be fully examined. I reiterate the extraordinary work he The \20 million Kildare scheme involves a has put into achieving this scheme and the con- major expansion and overhaul of the waste-water tacts he has made with me and locally to see that treatment plant, with capacity almost to treble it is delivered for the people of Kildare town as from the current population equivalent of 9,700 expeditiously as possible. I assure him that no to above 28,000. The scheme also provides for the effort will be spared on my part or that of the rehabilitation of the existing collection system Department to get the scheme up and running as and the construction of new sewers to the west early as possible. and south west of the town. It is, therefore, very important to the residential, commercial and The Da´il adjourned at 10.45 p.m. until 10.30 industrial life of Kildare and its growth and a.m. on Wednesday, 7 February 2007. 1669 Questions— 6 February 2007. Written Answers 1670

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 5, inclusive, answered the European Commission in relation to Ireland’s orally. take-up of EU funding specifically intended by the European Commission to help small food Questions Nos. 6 to 87, inclusive, resubmitted. producers meet such higher standards; the steps she has taken to advertise to small food producers Questions Nos. 88 to 96, inclusive, answered here the existence of funding made available by orally. the European Commission to Member States to ensure that small food producers are made aware Milk Quota. that EU funding is available to small food pro- ducers to assist them in meeting such higher stan- 97. Mr. Penrose asked the Minister for Agri- dards; and the amount of such funding drawn culture and Food the date on which the first milk down by Ireland specifically for the benefit of quota exchange took place; if it was after mid- small food producers under the EU regulation January 2007, the reason for that delay; if it has meeting standards measure introduced under the not happened, when will it happen; and if it has 2003 CAP Reform. [3753/07] not happened, the reason it has not yet hap- pened. [3754/07] Minister for Agriculture and Food (Mary Coughlan): In the context of the 2000-2006 EU Minister for Agriculture and Food (Mary rural development framework, amendments Coughlan): The first Milk Quota Trading Scheme introduced in 2003 extended possible support was successfully launched on Wednesday last, 31 options. The additional options included support January. The first exchange resulted in a total of for food companies and farmers in respect of 73 million litres of quota being traded at prices compliance with EU standards. The 2003 amend- ranging from 11 cent to 23 cent per litre. ments did not, however, provide additional A second exchange will take place later in the funding. spring. My Department is currently reviewing the While funding later arose through the modu- operation of the first exchange in consultation lation process, support for small food companies with the main farming organisations and ICOS, was excluded. I decided to target the modulated and the closing date for applications for the funds at farmers in the disadvantaged areas. That second exchange will be announced at the end of decision took account of the relative priorities, that review. the outcome of a well-publicised consultative pro- cess and the then limitations on the use of modu- EU Funding. lated funds. 98. Mr. Penrose asked the Minister for Agri- The support options related to EU standards culture and Food the steps she has taken to were carried forward to the 2007-2013 EU rural ensure that funding announced in Commissioner development framework. In the case of food com- Byrne’s 2003 speech (details supplied) to help panies, however, the relevant option is now lim- small food producers meet EU standards and to ited to micro-enterprises. My Department con- adapt to the introduction of higher standards ducted an extensive consultative process on the regarding the environment, public health, animal strategy and measures that should be pursued in health and animal welfare has been properly line with the EU framework. That process exploited here; if she will provide this Deputy included press advertisements seeking sub- with copies of reports prepared or submitted to missions, information on the Department’s web- 1671 Questions— 6 February 2007. Written Answers 1672

[Mary Coughlan.] I also intend to introduce a new Bioenergy site and seminars. The consultative process was Scheme for a limited period to encourage farmers completed in December and a rural development to plant willow and miscanthus for use a renew- programme was sent for EU Commission able source of energy. The Scheme will provide approval before the end of 2006. establishment grants to farmers for up to 50% of The new rural development programme the costs associated with establishing miscanthus addresses three priorities — competitiveness, and willow on set-aside land and on areas, which environment and quality of life/diversification. It have been subject to an application for the EU bears in mind the outcome of the consultative premium of \45 per hectare. \8 million is being process, the relative priorities and the available allocated to this Scheme over the period 2007- funding. While it does not envisage support for 2009. The scheme details are being finalised and compliance with or upgrading to EU standards, will be announced shortly. the relevant environmental, hygiene and animal On the demand side, the recently announced welfare issues are addressed through other Mineral Oil Tax Relief Scheme valued at \205m measures such as on-farm investment and agri- will provide an additional stimulus for the pro- environment. For food companies classified as duction of energy crops. When fully operational micro-enterprises — having fewer than 10 in 2008, it will deliver some 163 million litres of employees and a turnover/balance sheet of less biofuels per year and provide farmers with a than \10million — the programme offers support stable market to supply feedstock for production options under its quality of life/diversification of biofuels. priority. When EU approval for Ireland’s new I am confident that these measures will rural development programme has been secured increase the production of energy crops in Ireland I will, together with my colleague the Minister for and encourage farmers to consider energy crops Community, Rural and Gaeltacht Affairs, who as an alternative land use options. has responsibility for the quality of life/diversification priority, ensure that small food Rural Environment Protection Scheme. producers will be well briefed on all the oppor- tunities for support under the programme. 100. Mr. Kenny asked the Minister for Agri- In the meantime, in the new decoupled support culture and Food if she will provide a 12 month environment, small food producers need a deep extension to the REP scheme two to allow farm- understanding of changing consumer require- ers to avail of the REP scheme four without a ments and routes to market to secure a sus- break in order to protect the environment and tainable return for their produce. Bord Bia has farmers incomes; and if she will make a statement introduced a range of measures to assist small on the matter. [3536/07] food producers to adapt to emerging market opportunities. Minister for Agriculture and Food (Mary Coughlan): Last year, I took advantage of the Alternative Farm Enterprises. Commission’s transitional rules to make special provision for REPS 2 contracts expiring up to 30 99. Mr. Andrews asked the Minister for Agri- November 2006 to be extended for a further year. culture and Food the action she is taking to pro- However this option is no longer available to me. mote energy crops; and if she will make a state- The EU Regulations governing REPS 2 and ment on the matter. [3694/07] REPS 3 expired on 31 December 2006. It is now legally impossible to approve or extend contracts Minister for Agriculture and Food (Mary under either of those Schemes. Coughlan): Under the EU Energy Crops Scheme, Farmers whose REPS 2 contracts are now \ aid of 45 per hectare is available for areas sown expiring have already had two opportunities to under energy crops provided they are intended transform their undertakings into new five-year primarily for use in the production of biofuels and contracts in REPS 3. I am doing my best to make electric and thermal energy produced from sure that REPS 4 will be available for them at the biomass. I intend to introduce an additional earliest possible date. national payment of \80 per hectare in 2007 as a further incentive for farmers to grow energy EU Directives. crops. The \80 payment will be paid as a top-up to the EU premium of \45 per hectare, bringing 101. Mr. Sherlock asked the Minister for Agri- the overall payment to \125 per hectare. It is culture and Food the number of nitrates infor- intended that the \80 additional payment will mation meetings held for farmers in County apply for three years and will be subject to a Dublin; when such meetings were held; if no maximum ceiling per producer over the three meetings have taken place, when they will take years. The current maximum area per producer is place; and if they have not taken place, the reason 37.5 hectares. they have not. [3755/07] Set aside land can also be used for a variety of non-food uses including the growing of crops for Minister for Agriculture and Food (Mary energy purpose and will therefore qualify to acti- Coughlan): My Department has produced an vate set-aside entitlements under the Single Pay- Explanatory Handbook for farmers that sets out ment Scheme. in clear terms their obligations under the Nitrates 1673 Questions— 6 February 2007. Written Answers 1674

Regulations. This Handbook, together with a To date, twenty-eight cases have been con- copy of the Regulations, was sent to all farmers firmed, the most recent on 10 December 2006, in October 2006. Following this, a series of open over eight weeks ago. This is, by some consider- information meetings took place during the able distance, the longest interval between any period 20 November to 4 December 2006, con- two previous cases and, with over 14,000 blood ducted by my Department in conjunction with samples having been tested last month, gives Teagasc. increasing confidence that the outbreak has been There were 35 meetings in all, which required contained and very significant progress made a very significant investment of time by expert towards its eradication. personnel from my own Department and from Following confirmation of the first case, my Teagasc. The dates and venues of these meetings Department put in place a strict control regime were widely publicised by way of advertisements aimed at containing and eradicating the disease, in the farming press. Although no meeting took which involved the restriction on the movement place in County Dublin, there were meetings in of horses and an extensive surveillance prog- Louth, Meath, Kildare and Wicklow. I am satis- ramme, including all of those horses which were fied, therefore, that all interested farmers in subject to movement restriction. Dublin could attend a meeting in a location that As well as restrictions on the movements of was convenient to them. individual horses from their home premises, the Department placed restrictions on the movement Genetically Modified Organisms. of horses on to or from fifty-three premises, other than under permit. Of the fifty-three premises 102. Mr. Gogarty asked the Minister for Agri- restrictions, only seven remain in place. In all, culture and Food her views on whether EU or over 1200 horses have, at one time or another, national legislation prohibits the declaration of been subject to movement restrictions and, at this genetically modified free regions or states; and if time, almost ninety per cent of those restrictions she will make a statement on the matter. have been lifted. Assuming no further cases are [3718/07] confirmed, all movement restrictions should be lifted by mid-March. Minister for Agriculture and Food (Mary My Department did meet recently with rep- Coughlan): The rules governing the production resentatives of a number of horse owners whose and use of GM crops within the Community are premises were subject to movement restriction to set down in EU legislation which has been jointly discuss the issue of financial assistance in respect adopted by the European Parliament and the of losses claimed to have been incurred as a con- Council. This legislation is binding on all Member sequence of their having been restricted. My States and does not provide for the declaration of officials made clear at that meeting that the a GM free country or region. There are, however, Department does not intend to make any such options available to restrict the growing of GM payments and that remains my position. crops within regions of a country. One option is The Department’s principal aim, since the out- the concept of voluntarily developed GM free break was confirmed, has been to contain and regions, where there is a voluntary agreement eradicate the disease and the current situation among all growers in a region not to grow a GM would indicate that the outbreak has been con- crop or crops. Another option is to seek a dero- tained and that we are well on the way to ensur- gation from the Commission that, on the basis of ing its eradication. All of the measures taken, sound scientific evidence, coexistence of GM including the introduction of appropriate legis- crops with non-GM crops is not possible in cer- lation, the imposition of movement restrictions tain regions in respect of certain named crops. and the introduction of surveillance programmes, The cultivation of these crops can then be legit- were taken to achieve that aim and to protect imately prohibited if the case made is accepted the industry. by the Commission. In recognition of the financial burden, associ- ated with the cost of testing restricted horses, I Animal Diseases. introduced a package of financial measures in 103. Mr. McGinley asked the Minister for August 2006 to support those owners whose Agriculture and Food the steps her Department horses had been restricted and subject to a sur- is taking to support owners of animals which were veillance programme of at least ninety days. This inadvertently infected with swamp fever; and if included a financial contribution for each visit by she will make a statement on the matter. a veterinarian to take blood samples as well as [3586/07] the cost of testing those samples. To date, the cost of this package to the Department has been in Minister for Agriculture and Food (Mary excess of \100,000. In addition, veterinary inspec- Coughlan): Since the initial outbreak of Equine tors from my own Department have taken several Infectious Anaemia, or ‘swamp fever’, in June thousand blood samples as part of a specifically 2006, my Department has taken significant steps targeted surveillance programme in Counties to contain the outbreak and progress its eradi- Meath, Dublin and Kildare, a significant pro- cation and to protect the very valuable Irish portion of which were subsequently tested at my bloodstock industry. Department’s Central Veterinary Research Lab- 1675 Questions— 6 February 2007. Written Answers 1676

[Mary Coughlan.] For the Deputy’s information a list of all land oratory. The entire cost of this phase of the exten- sold by Coillte in Co. Wicklow by townland in sive surveillance programme is being met by my 2005 and 2006 is set out in the following tables. Department. Similar information in respect of the years from The most practical help that I and my Depart- 2002 to 2004 is not readily available but is being ment can provide to any horse owner in this compiled and will be forwarded to the Deputy as country is to take such measures as are appro- soon as possible. priate to ensure that this outbreak is contained and eradicated. We are determined to do that Land sold by Coillte in County Wicklow in 2005 and 2006 and, in doing so, it is incumbent on me to express 2005 my gratitude to the Irish bloodstock industry, both thoroughbred and non-throughbred sectors, Townland Area (ha) for the responsibility they have shown and for the cooperation and assistance that they have given Fauna 0.40 my Department in our shared aim of ridding the country of equine infectious anemia. Ballinastoe 0.40 Tomriland 0.40 EU Directives. Ballycullen 0.13 Tiglin 0.40 104. Mr. P. McGrath asked the Minister for Agriculture and Food the procedure involved for Tiglin 0.80 farmers to avail of the 250 kilogramme dero- Sleanaglough 0.10 gation under the Nitrates Directive; and if she Clarabeg North 0.40 will make a statement on the matter. [3563/07] Ballard 0.01 Macreddin 30.30 Minister for Agriculture and Food (Mary Larragh East 4.65 Coughlan): Although Ireland’s application for a derogation has been approved by the EU Nitrates Mucklagh 0.15 Committee, the European Commission has not Fauna 0.05 yet issued its formal decision. Until it does so, Coolballintaggart 0.05 the Minister for the Environment, Heritage and Local Government cannot make the necessary Total 38.24 amendments to the Regulations. However my officials are actively making preparations to implement the derogation; and full information, 2006 including the detailed conditions and application procedures, will be published by my Department Townland Area (ha) once the Regulations have been amended. Kilnamanagh 0.40 Forestry Industry. Lockstown lower 0.40 Ballinameesda Upper 5.06 105. Ms McManus asked the Minister for Agri- culture and Food the number of separate sites Shelton 6.43 owned or managed by Coillte in County Wicklow Stump of Castle 0.40 that have been offered for sale, lease or rent dur- Bahana 0.80 ing each of the past five years; the size of each Ballyteigue 0.40 such site; the location of each such site offered Tomriland 0.40 for sale or lease; the amount each such site sold or leased for; the date each such site was offered Glasnarget North 0.74 for sale or lease; the dates on which offers were Sheeanabeg 2.08 accepted by Coillte or on their behalf in respect Tinnakilly Lower 0.10 of each such site offered for sale or lease; the Ballinameesda Upper 7.17 dates on which each such site went into contract; Garryduff 0.40 the dates on which sales or leases of each such Mullinaveigh 0.36 site were completed; and the reason for the sale or lease of each such site. [3735/07] Ballinastraw 4.00 Ballyraine Upper 3.70 Minister for Agriculture and Food (Mary Croneybyrne 32.48 Coughlan): Coillte Teoranta was established as a Glenwood 11.13 private commercial company under the Forestry Act, 1988. Day-to-day operational matters such Total 76.45 as the sale of land and issues concerning such sales are the responsibility of the company. The details requested by the Deputy concerning those Farm Household Incomes. sales come within the ambit of Coillte’s oper- ational responsibilities. 106. Mr. Kirk asked the Minister for Agri- 1677 Questions— 6 February 2007. Written Answers 1678 culture and Food her plans to help the incomes used in measuring somatic cell levels in milk of hill sheep farmers; and if she will make a state- delivered to processors. ment on the matter. [3691/07] The Department also conducts random admin- istrative checks to ensure that the results of butter Minister for Agriculture and Food (Mary fat and protein tests are correctly transcribed into Coughlan): The Sheep Industry Development the calculation of the milk price paid to the pro- Strategy Group issued its report in June 2006. ducer. As part of the partnership agreement This is a comprehensive study of the sheep indus- Towards 2016 my Department will extend its try which sets out a Development Plan for the monitoring and cross checking of the milk testing sector contained in 37 recommendations. I regime to include all constituents used for pay- decided that the best way to implement these ment purposes and, in consultation with the part- recommendations was to set up an implemen- ners, shall ensure transparency in the milk analy- tation body comprised of representatives of all sis regime. sectors in the industry, including the relevant state bodies. It is chaired by Mr. John Malone, National Climate Change Strategy. former Secretary General of my Department, who was also the author of the Strategy Group 109. Mr. Cuffe asked the Minister for Agri- report. culture and Food the way her Department’s com- The recommendations address the issue of hill mitments under the National Development Plan sheep farming. The Implementation Group is will combat climate change; and if she will make nearing the completion of its work and I look for- a statement on the matter. [3715/07] ward to its final report in the near future. Minister for Agriculture and Food (Mary Coughlan): Climate change has serious impli- Sheepmeat Industry. cations not just for agriculture but for all sectors 107. Dr. Twomey asked the Minister for Agri- of the economy. The Government is committed culture and Food the action she is taking to to cutting greenhouse gas emissions in accord- implement the recommendations of the Sheep ance with the Kyoto Protocol and the National Strategy Group report; and if she will make a Climate Change Strategy published in 2000 sets statement on the matter. [3565/07] the framework for Ireland to achieve its targets under the Protocol, i.e. to limit greenhouse gas Minister for Agriculture and Food (Mary emissions to 13% above 1990 levels over the com- Coughlan): The Sheep Industry Development mitment period of 2008–2012. The target set for Strategy Group issued its report in June 2006. agriculture to reduce emissions is 10% below the This is a comprehensive study of the sheep indus- projected “business as usual” levels for 2010. In try which sets out a Development Plan for the fact, the agriculture and forestry sectors look sector contained in 37 recommendations. I likely to exceed this target and to achieve a decided that the best way to implement these reduction of 12%. recommendations was to set up an implemen- Furthermore it is these sectors that are making tation body comprised of representatives of all the largest contribution to meeting Ireland’s com- sectors in the industry, including the relevant mitments under the Kyoto Protocol. An indepen- state bodies. It is chaired by Mr. John Malone, dent assessment in March 2006 found that the former Secretary General of my Department, total projected annual reduction in emissions who was also the author of the Strategy Group would come to 7.95 million tonnes of carbon report. dioxide equivalent. Over 56% of this would come The Implementation Group is nearing the com- as a direct result of policies, measures and actions pletion of its work and I look forward to its final in the agriculture and forestry sectors — 2.4 mil- report in the near future. lion tonnes from agriculture and 2.1 million tonnes from changes in land use from agriculture to forestry. Dairy Sector. The decoupling of direct payments from pro- 108. Mr. O’Dowd asked the Minister for Agri- duction plays a very significant part in the culture and Food the steps she is taking to reduction of methane emissions from agriculture provide for independent milk testing; and if she because of the projected fall in livestock numbers. will make a statement on the matter. [3564/07] The results of the latest Teagasc National Farm Survey indicate that these numbers will remain at Minister for Agriculture and Food (Mary their reduced levels in the medium term. Coughlan): My Department already conducts The environment is central to the agriculture regular checks on the results of butter fat testing and forestry measures in the National Develop- carried out by milk processors. It also checks the ment Plan. The forestry measures are the princi- calibration of the instruments used in milk pro- pal instrument designed to mitigate climate cessing establishments for measuring the fat and change, but the new REP Scheme will also protein levels in milk collected from producers. include elements that will reduce emissions. My Department also monitors the instruments Environmental sustainability will also be pro- 1679 Questions— 6 February 2007. Written Answers 1680

[Mary Coughlan.] samples of mushrooms taken and analysed in moted through agricultural education and 2005 and 2006 was 10 and 13 respectively. All training. were found to be free of illegal residues. My Department closely monitors ongoing Penalties involving fines of up to \5,000 and research programme both on climate change in or 6 months imprisonment can be imposed where Ireland and its likely impact. I am aware that evidence of misuse is uncovered, at the discretion increased precipitation and water shortages are of the courts. major issues for agriculture worldwide and it has been suggested that such changes in our own Agrifood Industry. climate may have both positive and negative long-term effects on Irish agriculture. Accord- 111. Mr. Stagg asked the Minister for Agri- ingly, my Department is funding various research culture and Food if she will report on recent agri- projects to assist in identifying sustainable green- vision action committee meetings; when the most house gas emission reduction measures. Amongst recent three meetings were held; the agenda of these are studies focused on reducing methane each meeting; and if she will make a statement emissions in ruminants and an examination of on the matter. [3757/07] nitrous oxide emissions from grasslands. I am conscious of the commitments made in Minister for Agriculture and Food (Mary the National Development Plan to combat Coughlan): There is no “Agri-Vision Action climate change and I intend, through my Depart- Committee”. The Agri Vision Action Plan was ment’s network of local offices, the offices of launched in March 2006 and is the Government’s Teagasc and by providing support to relevant response to the report of the Agri Vision 2015 NGOs, to pursue a campaign to increase aware- Committee, chaired by Mr. Alan Dukes which ness of, and the need for adaptation to, the completed its work in December 2004. impacts of climate change in the agriculture and Reports on the progress achieved in imple- forestry sectors. menting the action points laid down in the Plan were considered at the Management Advisory Mushroom Industry. Committee (MAC) and the Ministerial-MAC 110. Mr. G. Mitchell asked the Minister for meetings of May, July and September 2006 and Agriculture and Food the inspection regimes the matter is also on the agenda for the forth- administered by her Department in relation to coming MAC meeting. The first formal imple- the mushroom growing industry; the frequency mentation report will be produced by the end of with which such inspections take place; the penal- next month, a year following publication of the ties in place for failure to comply with these Action Plan, and will outline the progress made Departmental regulations; the number of such to date. Progress will also be outlined in the establishments found to be in breach of existing Department’s 2006 Annual Report. regulations in 2005 and 2006; and if she will make In addition, the Action Plan made provision for a statement on the matter. [3549/07] the establishment of two high level groups to put in place a fully consolidated approach by the food Minister for Agriculture and Food (Mary industry. The Agency Chief Executive Officer Coughlan): The regulatory framework governing Group and the Food Industry Committee met in plant protection products in Ireland which is set July and November 2006 respectively to discuss out in SI 83 of 2003 is designed to ensure a very the challenges and impediments facing the food high standard of protection for human health and the environment. Enforcement of the legislation industry and the means to overcome them. Both involves inspections to ensure that only approved groups are scheduled to meet again this month. products are present in the market and are used A group representing the artisan sector met by farmers and growers. Inspections normally under the chairmanship of a senior official of my take place at wholesale/distribution level. Department in June and September 2006. However where there is evidence of possible mis- I am satisfied with the level of coordination use of plant protection products generated achieved to date in implementing the Agri Vision through the residue monitoring programme at 2015 Action Plan and look forward to launching wholesale/distribution level or from any other the annual progress report next month at the first source, specific inspections at end-user level Agri-Vision Stakeholders Forum, which will con- take place. sider key issues for the medium term future of The pesticide residue monitoring programme the agriculture, food and drinks industries. conducted by my Department on behalf of the Food Safety Authority of Ireland (FSAI), is World Trade Negotiations. agreed on an annual basis with the FSAI. This programme is risk-based and involved the analy- 112. Mr. Noonan asked the Minister for Agri- sis of some 1,350 samples of agricultural produce culture and Food the status of the World Trade in each of the years 2005 and 2006 for up to 150 Organisation talks; and if she will make a state- different pesticide compounds. The number of ment on the matter. [3587/07] 1681 Questions— 6 February 2007. Written Answers 1682

176. Mr. Quinn asked the Minister for Agri- Minister for Agriculture and Food (Mary culture and Food the status of the World Trade Coughlan): I travelled to the Kingdom of Saudi Organisation talks; and if she will make a state- Arabia and the United Arab Emirates as part of ment on the matter. [3741/07] the recent trade delegation there led by An Taoiseach. Minister for Agriculture and Food (Mary Saudi Arabia imposed a ban on the import- Coughlan): I propose to take Questions Nos. 112 ation of beef from Ireland and other EU coun- and 176 together. tries in December 2000, due to concern about The negotiations on a new WTO agreement BSE. In the years preceding the ban, a substantial were launched at Doha in November 2001. While trade had developed in the export of Irish beef to significant progress has been made towards con- Saudi Arabia which was worth some \34m in cluding an agreement, most notably in the frame- 2000. To put this in context, Irish food and drink work agreement which was reached in Geneva in exports to Saudi Arabia were valued at \140m August 2004 and at the WTO Ministerial Con- in 2005. ference in Hong Kong in December 2005, the The UAE was also a good market for Irish beef negotiations broke down and were suspended in until it was banned in January 2001. In 2000, Irish July 2006. Following a period of inactivity, they beef, worth an estimated \17, was exported to the resumed again in December 2006 in a low-key UAE. In 2005 Irish food and drink exports there manner based on discussions in Geneva at official were valued at \25.4m. rather than Ministerial level. No significant new The Saudi Arabian and UAE markets are proposals have been made by any of the key therefore very valuable markets for Irish food negotiating partners. exports and potentially for beef, if the current An informal meeting of WTO Ministers from restrictions were relaxed. I made a strong case the main negotiating partners took place in the during the visit for the full re opening of the beef margins of the World Economic Forum in Davos markets in both countries. on 28 January at which there was a general com- The visit was very successful and I had very mitment to resumption of more formal nego- positive discussions in Saudi Arabia on the ques- tiations. Accordingly, I expect that there will be tion of Irish food exports in general and beef a full resumption of the negotiations in Geneva exports in particular. As a result of these dis- with a view to making early progress in the next cussions, the Saudi authorities have now offered few months. to send a team of experts to Ireland to inspect I am committed to an ambitious and balanced our food safety and animal health controls. I trust outcome to the negotiations. As an open econ- that the proposed visit will be successful and lead omy dependent on trade Ireland has much to gain to the re-opening of the market there for Irish from a successful deal. I am concerned that the beef in due course. Commission has indicated recently that it is pre- pared to consider making an improved offer on I also had fruitful talks during my visit to the the EU position, especially in relation to market UAE. Although that market is open, only beef access or tariff cuts. I remain determined that from animals under 12 months is eligible and my agriculture must not be sacrificed for the sake of aim is to have this age limit raised to at least 30 an overall agreement and that, in accordance with months. I am pursuing this issue with the auth- the agreed EU negotiating mandate, a new WTO orities in the UAE and would be hopeful of posi- agreement will not necessitate further reform of tive reaction. the CAP. The EU has undertaken CAP reform in preparation for the negotiations and I believe Sheepmeat Industry. that it has already made a generous offer to 114. Mr. Allen asked the Minister for Agri- reduce trade distorting subsidies and to provide culture and Food if she will implement the recom- substantial Special and Differential Treatment for mendations of the strategy report for the Irish developing countries. sheep sector; and if she will make a statement on I have consistently outlined my position in the the matter. [3554/07] clearest possible terms in the Council of Agri- culture Ministers, most recently on 29 January, Minister for Agriculture and Food (Mary and I have emphasised the absolute necessity that Coughlan): The Sheep Industry Development the Commission remain within the terms of the Strategy Group issued its report in June 2006. negotiating mandate. I will continue to work This is a comprehensive study of the sheep indus- closely with like-minded Ministers in other try which sets out a Development Plan for the Member States to seek support for my position. sector contained in 37 recommendations. I decided that the best way to implement these Official Travel. recommendations was to set up an implemen- 113. Mr. Gormley asked the Minister for Agri- tation body comprised of representatives of all culture and Food if she will report on her recent sectors in the industry, including the relevant visit to the Middle East; and if she will make a state bodies. It is chaired by Mr John Malone, statement on the matter. [3719/07] former Secretary General of my Department, 1683 Questions— 6 February 2007. Written Answers 1684

[Mary Coughlan.] emissions to 13% above 1990 levels over the com- who was also the author of the Strategy Group mitment period of 2008–2012. The target set for report. agriculture to reduce emissions is 10% below the The Implementation Group is nearing the com- projected “business as usual” levels for 2010. In pletion of its work and I look forward to its final fact, the agriculture and forestry sectors look report in the near future. likely to exceed this target and to achieve a reduction of 12%. Genetically Modified Organisms. Furthermore it is these sectors that are making the largest contribution to meeting Ireland’s com- 115. Mr. Hayes asked the Minister for Agri- mitments under the Kyoto Protocol. An indepen- culture and Food her views on the release of gen- dent assessment in March 2006 found that the etically modified crops; and if she will make a total projected annual reduction in emissions statement on the matter. [3590/07] would come to 7.95 million tonnes of carbon dioxide equivalent. Over 56% of this would come Minister for Agriculture and Food (Mary as a direct result of policies, measures and actions Coughlan): The deliberate release of genetically in the agriculture and forestry sectors — 2.4 mil- modified crops into the environment is legislated lion tonnes from agriculture and 2.1 million for under EU Directive 2001/18/EC which pro- tonnes from changes in land use from agriculture vides, inter alia, for controls governing the assess- to forestry. ment and authorisation procedures for GM crop The decoupling of direct payments from pro- cultivation. The EPA is the competent authority duction plays a very significant part in the for the implementation of this Directive in reduction of methane emissions from agriculture, Ireland. because of the projected fall in livestock numbers. This Directive is part of a suite of GM legis- The results of the latest Teagasc National Farm lation, adopted by the Council of Ministers and Survey indicate that these numbers will remain at the European Parliament which is binding on all their reduced levels in the medium term. Member States and is aimed at achieving the highest possible degree of human health and As regards the likely impact of changes to environmental protection for the citizens of the climate on Irish agriculture, my Department EU. closely monitors ongoing research programmes both on climate change in Ireland and on its Ireland’s general position in developing and implementing this legislation is informed by the likely impact. I am aware that increased precipi- Government’s acceptance of the recommend- tation and water shortages are major issues for ation set out in the Report of the Inter-Depart- agriculture worldwide and it has been suggested mental Group on Modern Biotechnology that such changes in our own climate may have (October 2000) that Ireland’s stand at EU level both positive and negative long-term effects on and in international fora should be one of positive Irish agriculture. but precautionary — a position which acknowl- My Department is funding various research edges the benefits of genetic engineering, while projects to assist in identifying sustainable green- maintaining a fundamental commitment to safety house gas emission reduction measures. Amongst and environmental sustainability based on scien- these are studies focused on reducing methane tific risk assessment and management. emissions in ruminants and an examination of I am satisfied these authorisation procedures, nitrous oxide emissions from grasslands. Under coupled with effective coexistence measures, can the Stimulus Research Programme, my Depart- adequately safeguard the environment and ment has set aside funding for research designed human health in the context of authorised GM to improve the understanding of the impacts of crop cultivation. climate change on agricultural production at the farm level. The outputs from this modelling will be used by the Teagasc Rural Economy Research National Climate Change Strategy. Centre (RERC) to further investigate impacts of 116. Mr. Quinn asked the Minister for Agri- climate change and identify sustainable alterna- culture and Food the steps she is taking to ensure tives at farm scale. These programmes are in that agriculture here can thrive in a climate addition to agricultural-related research under- changed world. [3761/07] taken by the EPA under the ERTDI programme which we continue to monitor closely so as to Minister for Agriculture and Food (Mary identify what areas of agriculture are vulnerable Coughlan): Climate change has serious impli- to climate change and how farming systems are cations not just for agriculture but for all sectors likely to be adapted in response. of the economy. The Government is committed A review of the National Climate Change to cutting greenhouse gas emissions in accord- Strategy is currently under way. My Department ance with the Kyoto Protocol and the National along with the other Departments on the inter- Climate Change Strategy published in 2000 sets departmental climate change team, is considering the framework for Ireland to achieve its targets the stakeholder submissions received as part of under the Protocol, i.e. to limit greenhouse gas the public consultation process on the review of 1685 Questions— 6 February 2007. Written Answers 1686

Ireland’s National Climate Change Strategy, Safety Authority of Ireland (FSAI), was the first which was first published in 2000. study to benchmark dietary intakes of a nationally representative sample of Irish children. Farm Retirement Scheme. The work was carried out by researchers in Trin- ity College, Dublin and University College, Cork 117. Mr. O’Dowd asked the Minister for Agri- who surveyed 600 children aged 5-12 years from culture and Food the reason she did not backdate primary schools throughout Ireland during 2003 the top up payment under the farm retirement and 2004. The researchers collected information scheme; and if she will make a statement on the matter. [3542/07] on diet, physical activity and body measurements on each child in addition to lifestyle information for both the children and their parents. 138. Mr. McCormack asked the Minister for Agriculture and Food if she will backdate the top In relation to diet, the Scientific Study iden- up payment under the farm retirement scheme; tified inadequate consumption of milk, fresh meat and if she will make a statement on the and fruit and vegetables among the young. matter. [3541/07] Responding to this study and to the recommend- ation of the Obesity Task Force, last August I Minister for Agriculture and Food (Mary launched a new school milk scheme. The new Coughlan): I propose to take Questions Nos. 117 revamped scheme has a broader range of milk and 138 together. products on offer including flavoured milk, low- I decided to increase the maximum in the fat and fortified options and the improved pack- 1994–99 Scheme from \12,075 to \14,075 per aging will I believe encourage more milk con- annum and the maximum in the 2000-2006 sumption among schoolchildren. Scheme from \13,515 to \15,000 per annum with In addition my Department in conjunction with effect from 1st November 2006. the European Commission and Wholesale These increases formed part of the under- Produce Ireland is funding a pilot healthy eating takings in the social partnership agreement, initiative (known as the Food Dude Programme) Towards 2016. They will add some \33 million to to encourage fruit and vegetable consumption the cost of the Schemes over the time they have among primary schoolchildren. Managed by An left to run, and will be funded entirely from the Bord Bia it is now in its second year in operation Exchequer. and will, on completion, have been introduced to 120 primary schools over 3 years. This prog- Health Promotion Policy. ramme was developed by the University of Wales, Bangor and is based on positive role mod- 118. Mr. Finneran asked the Minister for Agri- culture and Food the measures she is taking to els (the Food Dudes characters), repeated tasting promote healthy diet and nutritional habits and rewards. Studies show that it can deliver amongst school children; and if she will make a long-lasting results across the primary age range, statement on the matter. [3687/07] regardless of gender, school size, geographic and socio-economic factors. It is designed to enable 122. Mr. Andrews asked the Minister for Agri- children enjoy healthy diets, and to create a culture and Food the efforts she is making to pro- healthy eating culture within schools. mote healthy eating amongst school children; and In fact, the results of the first year were so very if she will make a statement on the matter. encouraging and the activity so well received by [3695/07] pupils, parent and teachers that I have decided to extend the Food Dude programme to more Minister for Agriculture and Food (Mary primary schools on a fully exchequer funded Coughlan): I propose to take Questions Nos. 118 basis. An amount of \4million is being provided and 122 together. for this purpose in 2007 and, subject to evaluation I am very aware of the need to promote further funding will be provided in following sensible and healthy eating habits among our years. EU state aid approval has recently been young people. Not alone do health, diet and received for the extended programme. nutrition impact on societal well-being, mental health and life expectancy, it pervades into every National Genotyping Programme. area of our economy, from lost work days to increased healthcare costs. The case for targeting 119. Mr. M. Higgins asked the Minister for the dietary habits of young people in their forma- Agriculture and Food her plans to introduce tive years is compelling. That is why I have intro- legislation to prevent the importation of embryos duced a range of measures in the area of research from cloned animals of any description; the time- and in the area of promotion, all of which recog- frame in relation to same; if she has no such nise the need for a collaborative, multi-stake- plans, the reason she does not; the scope that holder approach. exists within the EU constitutional framework to The Scientific Study on Children’s Diet, which do so; and if she will make a statement on the was co-funded by my Department and the Food matter. [3748/07] 1687 Questions— 6 February 2007. Written Answers 1688

Minister for Agriculture and Food (Mary costs of the organisation. Until 2004, these ex Coughlan): The emergence of cloned animals and gratia payments were made from residual funds embryos from these animals raise issues on a available in the Department’s Vote at the end of number of fronts, which need to be addressed. the year. From 2004, specific provisions for this I have taken this matter up with the EU Com- purpose have been included in and published as missioner for Health and Consumer Protection, part of the Department’s estimates. These con- as it is preferable, I believe, that such issues are tinue to be ex gratia payments which are sanc- dealt with on a community-wide basis. tioned annually by the Department of Finance. Breeding legislation relating to the trade of ani- In relation to the protection and welfare of ani- mals and their semen, ova and embryos within mals, my Department has statutory responsibility the EU and into the EU from third countries is for the welfare and protection of farmed animals governed through a number of legal instruments under the Protection of Animals Kept for Farm- originating from the EU Commission. Currently ing Purposes Act 1984, and the European Com- this legislation does not specifically refer to munities (Protection of Animals Kept for Farm- cloned animals or their embryos. ing Purposes) Regulations 2006 (SI No 705 of 2006). It does not have statutory responsibility for Grant Payments. the care and welfare of other animals such as domestic pets or exotic animals. 120. Mr. Gilmore asked the Minister for Agri- culture and Food the number of applicants for Question No. 122 answered with Question payments under the energy crops scheme that No. 118. have been paid under the 2006 energy crops scheme; the number still outstanding; and the Alternative Farm Enterprises. reason for outstanding payments. [3737/07] 123. Mr. Gormley asked the Minister for Agri- Minister for Agriculture and Food (Mary culture and Food the supports her Department Coughlan): My Department received a total of is providing for the establishment of co-operative 249 applications under the 2006 Energy Crops energy supply companies by farmers; her contacts Scheme. To date, payment has issued to 141 with an association (details supplied) on this applicants. Under the governing EU regulations, matter; and if she will make a statement on the payments are required to be made by 30 June of matter. [3716/07] the year following. Of the 108 applicants as yet unpaid, 48 have not yet submitted the required Minister for Agriculture and Food (Mary delivery documentation, 21 have furnished insuf- Coughlan): I am not aware of any specific pro- ficient documentation, while in the remaining 39 posal on supports for the establishment of co- cases, there are outstanding queries on the appli- operative energy supply companies by farmers. cant’s Single Payment application. My Depart- A number of initiatives are underway to sup- ment has been in regular contact with all pro- port renewable energy deployment across the ducers and processors whose records have not electricity, heat and transport sectors. As been in order or not submitted. Payments con- announced in Budget 2007, my Department is tinue to issue as individual cases are finalised. providing \14 million in the period 2007-2009 to incentivise farmers to grow energy crops. The \ Animal Welfare Bodies. measures include a new national payment of 80 per hectare to top-up the existing EU premium 121. Dr. Upton asked the Minister for Agri- of \45 per hectare available under the EU Energy culture and Food the legal basis on which she has Crops Scheme, bringing the overall payment to provided funding to animal health and welfare \125 per hectare. It is intended the \80 additional organisations which are not involved in issues payment will apply for three years and will be relating to farm animals; if in view of her Depart- subject to a maximum ceiling per producer over ment’s announcement in December 2006 of fund- the three years. The current maximum area per ing to many such organisations, she would accept producer is 37.5 hectares. \6m is being made responsibility for ensuring Ireland’s signature and available for this measure over the period 2007- ratification of the European Convention on the 2009. Protection of Pet Animals; and if she will make a I also intend to introduce a new Bioenergy statement on the matter. [3740/07] Scheme for a limited period to encourage farmers to plant willow and miscanthus for use a renew- Minister for Agriculture and Food (Mary able source of energy. The Scheme will provide Coughlan): Since 1995, my Department has made establishment grants to farmers for up to 50% of ex gratia payments to a number of organisations the costs associated with establishing miscanthus directly involved in the delivery of animal care and willow on set-aside land and on areas, which and welfare services. The funding available to any have been subject to an application for the EU individual organisation is dependent on resources premium of \45 per hectare. \8 million is being available and the level of demand and is therefore allocated to this Scheme over the period 2007- intended only as a contribution to the overall 2009. 1689 Questions— 6 February 2007. Written Answers 1690

In the past year, my colleague, the Minister for entitlements and lease them to their transferees. Communications, Marine and Natural Resources, If the transferee did not wish to use the entitle- Noel Dempsey, TD, has launched a number of ments, a transferor has until 2007 to lease the grant schemes in the renewable energy sector. entitlements with land to another farmer. Once These include a \24m grants scheme for commer- at least 80% of the entitlements have been used cial wood chip and pellet boilers which is being by the lessee, the transferor has the option to sell extended to include other renewable technologies the entitlements with or without land; otherwise and encompass community and voluntary groups. he can continue to lease the entitlements with Other Schemes include the \47m Greener Homes land. domestic grants programme, the Biofuels Mineral The second issue the Joint Committee focused Oil Tax Relief programmes valued at over particularly on was the levels of payment under \200m, and the Renewable Energy Feed in Tariff the two Schemes. In the course of discussions on programme (REFIT). this issue, the European Commission had pointed out that the rate in the earlier Scheme was set Farm Retirement Scheme. at the maximum amount for co-funding that the Regulation allowed, and that it would not be pos- 124. Mr. Timmins asked the Minister for Agri- sible to secure co-funding for an increase in the culture and Food if she will implement the recom- rate of pension for existing participants in the mendations of the Joint Committee on Agri- 2000–2006 Scheme. The Commission, however, culture and Food report on the farm retirement agreed to increases for existing participants in scheme; and if she will make a statement on the both schemes, funded entirely from the national matter. [3568/07] exchequer as a State aid. I therefore announced substantial increases in the maximum pension Minister for Agriculture and Food (Mary rates payable under both Schemes which took Coughlan): The Joint Oireachtas Committee on effect from 1 November 2006. I increased the Agriculture published its report on the Early maximum pension rate payable under the Retirement Schemes in February 2005. The 1994–99 Scheme from \12,075 to \14,075 per report dealt with a range of issues and I annum and the maximum pension rate payable responded to it in detail in September 2005. As I under the 2000–2006 Scheme from \13,515 to explained in my response, certain of the Commit- \15,000 per annum. These increases will cost tee’s recommendations were precluded by the some \33 million extra over the remaining period EU Regulations under which the Scheme and its of the two Schemes, and over 5,000 retired farm- predecessor were operated. The Scheme closed ers will benefit from them. to new entrants on 31 December 2006. I saw some merit in other aspects of the Com- Sugar Beet Industry. mittee’s report, specifically those relating to income limits and in line with the Joint Commit- 125. Mr. Eamon Ryan asked the Minister for tee’s recommendations, I increased the off-farm Agriculture and Food if she has formed an income limit for transferees in the Scheme from opinion or if she has made representations to \25,400 to \40,000 and abolished the income limit councillors in Counties Carlow or Cork in for transferors with effect from 1 September 2006. relation to rezonings sought by Greencore; her The Committee paid particular attention to views on whether conditions with regard to the two further issues. One was the implication of full payment of redundancy payments to former decoupling for retired farmers who had leased workers should be in place before such rezoning out land and quota to transferees before or dur- takes place; and if she will make a statement on ing the Single Payment Scheme reference period. the matter. [3712/07] I believe we secured the best deal that we could for people in this situation, in spite of the reluc- 134. Mr. Boyle asked the Minister for Agri- tance of the Commission at the outset. A specific culture and Food her recent contacts with Green- mandatory category was included in the National core and former Greencore workers; and if she Reserve arrangements under the Single Payment will make a statement on the matter. [3710/07] Scheme. This category caters for farmers who inherited or otherwise received a holding free of 146. Mr. Boyle asked the Minister for Agri- charge or for a nominal amount from a farmer culture and Food if she will withhold restructur- who retired or died before 16 May 2005 where ing funds from Greencore, in view of the fact that the land in question was leased out to a third they are in breach of their terms of the social party during the reference period. Under these aspect of the restructuring plan; and if she will arrangements, where a farm reverted to the make a statement on the matter. [3711/07] retired farmer at the end of a lease without any entitlements, the farmer taking it over will have Minister for Agriculture and Food (Mary access to the National Reserve. Retired farmers Coughlan): I propose to take Questions Nos. 125, in the Early Retirement Scheme who farmed dur- 134 and 146 together. ing part or all of the reference period and who Under the relevant EU regulations, the restruc- held Single Payment entitlements could activate turing aid for the sugar industry has to be drawn 1691 Questions— 6 February 2007. Written Answers 1692

[Mary Coughlan.] culture and Food her plans to evaluate the econ- down on the basis of an aid application submitted omic implications of the use of genetically modi- by the sugar processor. The applications must fied organisms; and if she will make a statement contain a restructuring plan, including a social on the matter. [3588/07] plan detailing the actions planned in particular with respect to re-training, redeployment and Minister for Agriculture and Food (Mary early retirement of the workforce concerned. In Coughlan): I wish to inform the Deputy that I July 2006, Greencore duly submitted such an have no plans at present to commission any application, which indicated that the proposed further evaluations on the economic implications redundancy payments were in accordance with of the use of genetically modified organisms. The the ruling of the Labour Court. Deputy will recall that Teagasc, at my request, I have met representatives of the workers on a carried out in 2006, a study on evaluation of the number of occasions and I am aware that there is possible national economic implications for the an ongoing dispute between the company and the Agri-Food industry from the use of GMOs in workers over the interpretation of the Labour crop and livestock production. Teagasc based Court recommendation. I regret that the parties their study on the following scenarios: have not yet resolved their differences but I have (i) The economic implications of only no function in that regard. The position regarding allowing the importation into Ireland of certi- that dispute was fully explained by my colleague fied GM-free soyabean and maize livestock the Minister for Labour Affairs, Mr Tony Killeen feed ingredients; and TD, in reply to a Parliamentary Question last Wednesday. (ii) The economic implications of GM-free The aid application submitted by Greencore crop cultivation in Ireland. was approved in September subject to the out- In the first scenario the study showed that sub- come of the Judicial Review proceedings stantial additional costs would be placed on the instituted by Greencore in respect of the Govern- livestock sector, particularly on specialist dairy ment decisions regarding the allocation of the aid. and beef farmers, if they were to use certified GM In view of these legal proceedings, it would not free soya and maize only in feedingstuffs. In the be appropriate for me to comment further. second scenario the study examined five hypo- I have no function in relation to any planning thetical GM crops which could be grown here — applications by Greencore. herbicide tolerant sugar beet, Septoria resistant winter wheat, Fusarium resistant winter wheat, Animal Welfare. Rhyncosporium resistant spring barley and blight resistant potatoes. This study showed that 126. Mr. Eamon Ryan asked the Minister for increased profits could be generated for growers Agriculture and Food if officials from her of these crops compared to their conventional Department carried out inspections of laborator- equivalent. However, the study showed that there ies used for animal experimentation in 2006; and is a significant cost in relation to Identity Preser- if she will make a statement on the matter. vation for conventional growers in a coexistence [3713/07] arrangement. Minister for Agriculture and Food (Mary Farm Waste Management. Coughlan): Statutory responsibility for legislation on the use of animals for experimental or other 128. Mr. Finneran asked the Minister for Agri- scientific purposes as regulated under EU and culture and Food the position regarding devel- national legislation (respectively Council opments under the farm waste management Directive 86/609/EEC and the European Com- scheme; and if she will make a statement on the munities (Amendment to Cruelty to Animals matter. [3686/07] Act, 1876) Regulations, 1994) falls within the remit of my colleague the Minister for Health 195. Mr. Kelly asked the Minister for Agri- and Children. culture and Food the progress under the farm In the past, current and recently retired waste management scheme; and if she will make members of my Department’s veterinary staff a statement on the matter. [3693/07] carried out inspection visits on behalf of the Department of Health and Children. Following Minister for Agriculture and Food (Mary recent discussions between my Department and Coughlan): I propose to take Questions Nos. 128 the Department of Health and Children, inspec- and 195 together. tions of some of these facilities have been under- The revised Farm Waste Management Scheme, taken by officers from my Department in recent which was launched by my Department in March months. 2006, closed for applications at the end of December 2006. A total of 48,580 applications have been received by my Department under the Genetically Modified Organisms. Scheme and these applications are currently 127. Dr. Twomey asked the Minister for Agri- being processed. It is my intention to process 1693 Questions— 6 February 2007. Written Answers 1694 these applications as soon as possible and I am free range systems in line with the good demand currently examining various ways of speeding up for free range poultry meat and my Department the approval process. is assisting them in this transition. In view of the short time-limit for receipt of applications, I also agreed that applications would Alternative Farm Enterprises. be accepted by my Department under the Scheme up to the end of 2006 provided that, by 130. Mr. McCormack asked the Minister for end-March 2007— Agriculture and Food the action she is taking to develop the biofuel sector; and if she will make a (i) all required technical drawings etc. were statement on the matter. [3566/07] submitted to my Department, and (ii) where planning permission was required 132. Mr. Durkan asked the Minister for Agri- for the proposed works, confirmation was culture and Food her plans for the future received by my Department from the agricul- development of the bio-energy sector with part- tural planner that such planning permission icular reference to the variety of bio-energy crops had been applied for. currently planted and required; her proposals for Of course, Departmental approval to proceed expansion; the degree to which it is intended to with the proposed works cannot issue until evi- incentivise such crop production; the plans in dence of the grant of full planning permission has respect of crop rotation and management; the been lodged with my Department. I would take extent to which sustainability and viability in this opportunity to urge applicants and their con- commercial terms can be improved in the future; sultants to ensure that this further deadline of and if she will make a statement on the end-March 2007 is respected. matter. [3684/07] My Department’s Standard Costings used to calculate grants under the Scheme are being Minister for Agriculture and Food (Mary revised at present. In accordance with the com- Coughlan): I propose to take Questions Nos. 130 mitments contained in the Charter of Rights for and 132 together. Farmers, the revised Costings will be applicable I am participating in a Ministerial Taskforce on to all approvals to commence work issued by my Bioenergy, chaired by the Minister for Communi- Department under the Scheme since 1 January cations, Marine and Natural Resources, Noel 2007. Dempsey, TD to develop a strategy on Ireland’s bioenergy resources to 2020. The Government Poultry Industry. has already announced a number of initiatives both on the supply and demand side to develop 129. Mr. Hogan asked the Minister for Agri- the biofuels sector and a National Bioenergy culture and Food her plans to support the poultry Action Plan will be published shortly. industry due to the lack of adequate processing Developing an indigenous biofuel industry facilities; and if she will make a statement on the from native raw materials depends on a number matter. [3576/07] of factors including the availability and suitability of land for the various crops, taking account of Minister for Agriculture and Food (Mary Coughlan): There are adequate poultry pro- rotation restrictions and current area in tillage. cessing facilities in this country having regard to Other factors such as geographical location and such criteria as the overall volume of poultry small farm size will probably limit the potential being reared and produced here. Poultry pro- area that could be devoted to growing energy cessing plants must strive to compete efficiently crops. The main possibilities for growing energy with operators in other countries and volume crops in Ireland are rape-seed, wheat, (annual throughput is essential to this efficiency. Our crops) and willow, miscanthus, reed canary grass poultry slaughter plants are small by comparison (perennial crops). with the main players in other countries and The reform of the Common Agricultural Policy increasing the number of processing plants would (CAP), which was agreed in 2003 gives farmers not serve the interests of the Irish poultry indus- the freedom to exploit new farming oppor- try. The need to seek economies through ration- tunities, including agricultural production for alisation and reduction in the number of poultry non-food uses. At present, production of energy plants was identified in the Agri Food 2010 crops in Ireland is relatively undeveloped, with report. some 4,000 hectares of oilseed rape grown in Poultry processors have faced major challenges 2006. Some trial plots for growing miscanthus and over the last couple of years. A number of the willow for biomass are also in place. Profitability remaining plants have increased their throughput for growers and others in the sector is marginal to make up in part for the void created by plant as energy crops compare unfavourably with con- closures. I am aware that many suppliers to now- ventional crop tillage. Farmers will only produce closed plants have entered into contracts with energy crops if returns are greater than those new processing outlets. Others are converting offered by more traditional uses. However, as their production facilities from conventional to yields increase through better varieties and tech- 1695 Questions— 6 February 2007. Written Answers 1696

[Mary Coughlan.] water meters on farms; and if she will make a niques the profitability of growing energy crops statement on the matter. [3738/07] should improve. As announced in the Budget, I will be introduc- Minister for Agriculture and Food (Mary ing an national payment of \80 per hectare in Coughlan): I am aware of the concerns expressed 2007 as an incentive for farmers to grow energy by the farming organizations in regard to this crops. The \80 payment will be paid as a top-up issue and am conscious of the need to ensure that to the existing EU premium of \45 per hectare usage of metered water on farms for agricultural available under the EU Energy Crops Scheme purposes is kept to a minimum. Thus, for and increases the overall payment to \125 per example, the technical specifications for farm hectare. It is intended the \80 additional payment buildings operated by my Department for the will apply for three years and will be subject to a purposes of the Farm Waste Management maximum ceiling per producer over the three Scheme require the installation of adequate years. The current maximum area per producer is arrangements for the separation of clean and 37.5 hectares. dirty water as part of the conditions of any new It is also intended to introduce a new investment. In addition, I extended the terms of Bioenergy Scheme for a limited period to encour- that Scheme in March 2006 to include the pro- age farmers to plant willow and miscanthus for vision of grant-aid for the installation of guttering use a renewable source of energy. The Scheme on existing buildings as a further new eligible will provide establishment grants to farmers for item. up to 50% of the costs associated with estab- As far as the new 2007-2013 Rural Develop- lishing miscanthus and willow on set-aside land ment Programme is concerned, I have provided and on areas, which have been subject to an that grant-aid will be available under the new application for the EU premium of \45 per hec- Farm Investment Scheme for, the installation of tare. \8 million is being allocated to this Scheme water retention equipment on farms. This over the period 2007-2009. The scheme details are Scheme will be introduced as soon as EU being finalised and will be announced shortly. approval is received for the Programme. Set-aside land can also be used for a variety of non-food uses including the growing of crops for Question No. 132 answered with Question energy purpose and will therefore qualify to acti- No. 130. vate set-aside entitlements under the Single Pay- ment Scheme. Organic Farming. On the demand side, the excise relief prog- 133. Dr. Upton asked the Minister for Agri- ramme announced by Minister Noel Dempsey, culture and Food the action she will take to facili- TD, will help drive additional demand for pro- tate the substitution of imports of organic food, duction of energy crops for the manufacture of both processed and non-processed, with indigen- liquid biofuels. When fully operational in 2008, ously produced and grown organic foods; and if the scheme will deliver some 163 million litres of she will make a statement on the matter. biofuels per year. [3739/07] I have also expanded the scope of the Research Stimulus Fund to provide for consideration of Minister for Agriculture and Food (Mary projects dealing with biofuels. Five of the projects Coughlan): The main deficits in the supply of selected under the 2005 and 2006 calls for pro- Irish-produced organic food are in fruit and veg- posals directly relate to biofuels and energy crops etables and in cereals. Whether to convert to and were awarded total grant assistance of some organic production, or to step up existing pro- \1.5m. Projects supported under this Programme duction, is ultimately a business decision for food will complement the research work being done by producers themselves. However I am strongly Teagasc and others in this area. committed to the development of the organic sec- Teagasc provides a range of advisory services tor in Ireland and my Department supports it in to farmers to maximise profits at farm level and several ways which, I am satisfied, offer strong to exploit new opportunities in the marketplace, encouragement to producers. including agricultural production for non-food My Department provides substantial financial uses. Teagasc research programmes are aimed at supports through the Rural Environment Protec- developing more efficient production systems and tion Scheme (REPS) and the Scheme of Grant improving crop yields. Aid for the development of the organic sector. Since REPS began in 1994, it has delivered some \ Water Meters. 37 million to the sector. The draft Rural Development Programme for the period 131. Mr. Gilmore asked the Minister for Agri- 2007–2013 includes measures designed partic- culture and Food the informal discussions she has ularly to encourage development in the organic had with the Department of the Environment, tillage and horticulture areas. It is proposed, for Heritage and Local Government, the IFA and example, to allow organic farmers to obtain other farming organisations on the installation of organic support payments without having to be in 1697 Questions— 6 February 2007. Written Answers 1698

REPS, and the payments themselves will be The criteria governing the sale or lease of for- increased. estry land by Coillte is a matter for the company Lack of technical expertise has been recognised itself. However a procedure for informing the as a barrier to progress in both the organic tillage Minister of Coillte’s annual programme of sales and horticultural areas. To address this infor- under section 14 of the Forestry Act 1988 is in mation deficit, my Department, in conjunction place and, while no particular criteria governing with Teagasc, arranged last year to bring in two the sale or lease of land are established, the specialist agronomists from the UK on a pilot annual programme must be agreed by the basis. Through farm visits and workshops, they Minister. shared their experiences with producers and this has been of immense value. Grant Payments. Another successful initiative has been the dem- onstration farm programme. It continued during 136. Ms Shortall asked the Minister for Agri- 2006 and a total of 14 farms were used through- culture and Food the number of single farm pay- out the country to promote organic farming ments that have to be made to farmers in respect systems. My Department will continue to expand of the 2006 single payment scheme; the reason for and improve this programme, which is a major the delay in paying farmers in respect of the 2006 instrument in encouraging conventional growers single payment scheme; and if she will make a to switch to organic. statement on the matter. [3756/07] Substantial progress has also been made on the implementation of the recommendations in the Minister for Agriculture and Food (Mary Organic Development Committee report, pub- Coughlan): Under the 2006 Single Payment lished in 2002. The three additional structures Scheme, payments worth \1.197 billion have been recommended are now into their second three- made to 123,300 applicants, who have declared year terms. The National Steering Group advises eligible hectares and have Entitlements under the me on all policy issues relating to the sector. The Scheme, representing over 97% of applicants. Steering Group is supported by two sub-Groups, Full payment has issued to some 122,200 farmers, the Partnership Expert Working Group and the while a further 1,100 farmers have received the Organic Market Development Group. The Part- 50% Advance Payment. nership Expert Working Group is responsible for Delays in processing can be caused by many training, education, advice and research. The factors, including incomplete application forms, Organic Market Development Group has overall errors on applications and discrepancies high- responsibility for developing a national marketing lighted following computer validation, which strategy for organic food. Bord Bia, in consul- must be resolved via correspondence with the tation with the Market Development Group, has applicant. In many cases, payment could not be recently produced a three-year Organic Market- made because applicants did not submit a timely ing Plan and I have approved substantial funding application to transfer Single Payment Entitle- \ of 1.5m for it. ments, by way of inheritance, gift, lease or pur- The decoupling of farm payments has estab- chase. My Department is continuing to issue pay- lished a policy framework in which farmers have ments, as outstanding problems are resolved. the freedom to farm in response to market demands. In this more market-oriented scenario, there is real scope for local organic production to Animal Welfare. expand with the help of the incentives that I have 137. Mr. Wall asked the Minister for Agri- outlined already. culture and Food if she will instruct the scientific advisory committee on animal health and welfare Question No. 134 answered with Question to consider the issues relevant to the setting up No. 125. of an animal procedures group here which would perform the research necessary to institute Forestry Industry. proper evidence based guidelines regarding ani- 135. Ms Burton asked the Minister for Agri- mal health and welfare standards including those culture and Food the criteria governing the sale which would apply to animals used in exper- or lease of forestry land. [3736/07] iments for scientific purposes; and if she will make a statement on the matter. [3742/07] Minister for Agriculture and Food (Mary Coughlan): I understand that the Deputy’s ques- Minister for Agriculture and Food (Mary tion is concerned with sale or lease of land owned Coughlan): My Department has statutory by Coillte. responsibility for the welfare and protection of Coillte was established as a private commercial farmed animals under the Protection of Animals company under the Forestry Act, 1988 and day- Kept for Farming Purposes Act, 1984, and the to-day operational matters such as the sale and European Communities (Protection of Animals lease of land are the responsibility of the Kept for Farming Purposes) Regulations, 2006, company. (SI No 705 of 2006). 1699 Questions— 6 February 2007. Written Answers 1700

[Mary Coughlan.] tion regime viz. maximum of 48 hours notice but The Scientific Advisory Committee on Animal with no advance notice in a proportion of cases. Health and Welfare was established in 2002. It My Department is also committed in the Char- is independently chaired and includes among its ter of Rights to pursuing with the European Com- membership persons of particular expertise and mission a strategy to deliver advance notification scientific distinction. This Committee is available of 14 days for inspections. The matter has been to advise me on scientific dimensions of specific raised with the Commission on a number of aspects relating to animal health or welfare. occasions since 2004, particularly in the context My Department does not have a statutory role of the Irish situation where we are operating a regarding the use of animals for experimental or fully decoupled and essentially area-dependent other scientific purposes which is regulated under Single Payment Scheme. I have personally made EU and national legislation (respectively Council the case again recently to Commissioner Fischer Directive 86/609/EEC and the European Com- Boel and this issue will be a key point for Ireland munities (Amendment to Cruelty to Animals in the CAP simplification initiative of the Com- Act, 1876) Regulations, 1994). Statutory responsi- mission which is now underway. bility for this legislation falls within the remit of My Department believes that pre-notification my colleague the Minister for Health and of Single Payment Scheme/Disadvantaged Areas Children. Scheme inspections fits in with the practicalities of Irish agriculture where increasingly, farmers Question No. 138 answered with Question are also engaged in off-farm employment. In a No. 117. decoupled Single Payment Scheme system, the provision of advance notification of inspection to Farm Inspections. the farmer should not negatively impact on the effectiveness of the control. However, as the EU 139. Mr. O’Shea asked the Minister for Agri- regulations stand, my Department is obliged to culture and Food the provision she will make for carry out a small proportion of inspections with- an appropriate advance notification scheme for out prior notification and this is what was done part-time farmers who might be subject to on- in 2006. My Department is seeking authority to farm inspections at times when they are engaged allow advance notification in all inspection cases in off farm work; and if she will make a statement for 2007 and I will continue to press this point in on the matter. [3749/07] the CAP simplification process. Minister for Agriculture and Food (Mary Milk Quota. Coughlan): The policy of my Department towards on-farm inspection has been to give 140. Mr. English asked the Minister for Agri- advance notification of up to 48 hours in all cases. culture and Food her views on the abolition of This policy of systematic pre-announcement of milk quota; and if she will make a statement on inspections was questioned by the European the matter. [3575/07] Commission in July 2006 and its unacceptability was conveyed to my Department in a formal com- Minister for Agriculture and Food (Mary munication in August. As a result, my Depart- Coughlan): The current Milk Quota system was ment was obliged to agree to a proportion of Sin- extended to 2014/15 as part of the Mid Term gle Payment Scheme inspections being carried Reform of the CAP in 2003. The so called ‘health out in 2006 without prior notification. Some 650 check’ to be carried out by the Commission in farms out of 130,000 involved in the Single Pay- 2008 will consider the future of quotas as part of ment Scheme were subsequently selected for its overall examination of the CAP instruments. unannounced inspection. The balance of inspec- It is clear that detailed consideration is being tion cases, representing some 92% of the 7,514 given at Commission level on the future of the farms selected for Single Payment quota regime in the overall context of market Scheme/Disadvantaged Areas Scheme inspection supports. Indeed the Commissioner herself has in 2006, were all pre-notified to the farmer. made known her own views on the future of the The EU regulations governing the Single Pay- quota regime in recent speeches and interviews. ment Scheme would allow my Department to It is too early in my view to take any definitive give pre-notification of inspection in all cases position on the future of quotas but clearly I had where certain elements of cross-compliance are in mind the more competitive trading conditions involved e.g. the Nitrates Regulations. However, that are looming in deciding to introduce a my Department is committed, in the Charter of market led Trading Scheme for transferring milk Rights for Farmers 2005-2007 to carrying out all quotas for the next quota year. I have also com- Single Payment Scheme and Disadvantaged Area missioned Teagasc, who together with FAPRI, Scheme checks during a single farm visit in most have commenced an examination of the quota cases. This then obliges my Department to regime and its future relevance to the Irish dairy respect the advance notice requirements applic- sector. This work will consider scenarios that able to the most stringent element of the inspec- would provide a soft landing should the Com- 1701 Questions— 6 February 2007. Written Answers 1702 mission bring forward proposals in favour of the veillance programme of at least ninety days. This future abolition of the quota regime. included a financial contribution for each visit by a veterinarian to take blood samples as well as Animal Diseases. the cost of testing those samples. To date, the cost of this package to the Department has been in 141. Ms Shortall asked the Minister for Agri- excess of \100,000. In addition, veterinary inspec- culture and Food her views on the compensation tors from my own Department have taken several of horse breeders affected by swamp fever restric- thousand blood samples as part of a specifically tions; and if she will make a statement on the targeted surveillance programme in Counties matter. [3759/07] Meath, Dublin and Kildare, a significant pro- portion of which were subsequently tested at my Minister for Agriculture and Food (Mary Department’s Central Veterinary Research Lab- Coughlan): Since the first case of equine infec- oratory. The entire cost of this phase of the exten- tions anaemia, or ‘swamp fever’, was confirmed sive surveillance programme is being met by my in June 2006, a total of twenty-eight cases have Department. been confirmed, the most recent on 10 December 2006. The increasing intervals between cases, over eight weeks since the last case, and the Organic Farming. amount of blood testing being done — over 142. Mr. Neville asked the Minister for Agri- 14,000 samples tested in January — give increas- culture and Food the steps she is taking to ing confidence that the outbreak has been con- develop the organic sector; and if she will make tained and that significant progress has been a statement on the matter. [3584/07] made towards its eradication. The considerable progress that has been made Minister for Agriculture and Food (Mary is largely attributable to prompt and comprehen- Coughlan): I am strongly committed to the sive actions of my Department, including the development of the organic sector in Ireland. imposition of movement restrictions and the While the sector in Ireland is still small by Euro- introduction of an extensive surveillance prog- pean standards, it is growing. The total area in ramme, with over 42,000 blood samples having conversion or with full organic status rose by 15% been tested by the Irish Equine Centre and my in 2005 and by a further 14% in 2006. Department’s Central Veterinary Research Lab- My Department already provides substantial oratory since June 2006. My Department could financial supports for organic producers, through not, however, have achieved the progress made the Rural Environment Protection Scheme to date without the support and cooperation of (REPS) and the Scheme of Grant Aid for the the Irish bloodstock industry — both the development of the organic sector. Since REPS thoroughbred and non-thoroughbred sectors. \ It is my view that the most practical way in began in 1994, it has delivered some 37 million which my Department can assist horseowners to the sector. The draft Rural Development Prog- affected by EIA is to take such measures as are ramme for the period 2007–2013 provides for appropriate to ensure its containment and speedy continued support and increased payments. In an eradication. I am entirely satisfied that my effort to encourage development in the organic Department did take such measures promptly tillage and horticulture areas, I am proposing that and effectively and that the progress made to date organic farmers will be able to obtain organic reflects that approach. support payments without having to be in REPS, In all, fifty-three premises were, at one stage or as they have had to do up to now. I hope that this another, placed under movement restriction initiative will result in a further increase in the while the number of horses placed under restric- land area under organic production throughout tion was in excess of 1200. All but seven of the the country. premises have been lifted while almost ninety per The National Steering Group for the Organic cent of the horses have now been derestricted. Sector advises me on all policy issues. Two sub- My Department did meet recently with rep- Groups, the Partnership Expert Working Group resentatives of a number of horse owners whose and the Organic Market Development Group, premises were subject to movement restriction to support the Steering Group. The Partnership discuss the issue of financial assistance in respect Expert Working Group is responsible for train- of losses claimed to have been incurred as a con- ing, education, advice and research. The Organic sequence of their having been restricted. My Market Development Group has overall officials made clear at that meeting that the responsibility for developing a national marketing Department does not intend to make any such strategy for organic food. In this regard Bord Bia, payments and that remains my position. in consultation with the Market Development In recognition of the financial burden, associ- Group, has recently produced a three-year ated with the cost of testing restricted horses, I Organic Marketing Plan. The objective of the introduced a package of financial measures in Plan is to develop the organic sector in Ireland August 2006 to support those owners whose for existing suppliers and new entrants. My horses had been restricted and subject to a sur- Department has approved funding for the Plan, 1703 Questions— 6 February 2007. Written Answers 1704

[Mary Coughlan.] series of thinning and chipping demonstrations amounting to a significant sum of \1.5m over the across the country under the banner Forest- 3-year period. Energy 2006. The programme is being organised Another successful initiative has been the dem- in cooperation with Teagasc, Waterford Institute onstration farm programme. It continued during of Technology, Bord na Mo´ na and the major 2006 and a total of 14 farms were used through- private forestry companies. In addition, out the country to promote organic farming COFORD has put in place a series of workshops systems. My Department will continue to expand on Wood Biomass Harvesting and Supply Chain and improve this programme, which is a major issues. instrument in encouraging conventional growers In terms of new schemes, I hope to announce to switch to organic. details shortly of a Wood Biomass Harvesting To improve technical expertise among existing Machinery Scheme which was included in my organic farmers, my Department and Teagasc Department’s Estimates for 2007. The purpose of arranged for two specialist agronomists from the the proposed scheme is to encourage investment UK to run a series of farm visits and workshops in wood biomass processing machinery, such as in 2006, at which they shared their experiences whole tree chippers and forest residue bundlers. with producers. My Department is also introducing a new The decoupling of direct payments from pro- Bioenergy Scheme to grant aid the planting of duction has established a policy framework in willow and miscanthus as a renewable source of which farmers have the freedom to farm in energy. \8 million is being allocated to this response to market demands. In this more Scheme over the period 2007-2009. The scheme market-oriented scenario, there is real scope for details are currently being finalised and will also organic production to expand with the help of the be announced shortly. incentives that I have outlined already. Agrifood Industry. Alternative Farm Enterprises. 144. Mr. Durkan asked the Minister for Agri- 143. Mr. McEntee asked the Minister for Agri- culture and Food her plans for the continued culture and Food the steps she is taking to pro- development of the agricultural food sector with mote wood energy; and if she will make a state- particular reference to the need to maintain ment on the matter. [3567/07] Ireland’s position as a food producing and food exporting nation; and if she will make a statement Minister for Agriculture and Food (Mary on the matter. [3685/07] Coughlan): Wood biomass is one of the most ver- satile of renewable energy sources and has the Minister for Agriculture and Food (Mary potential to play a major role in Ireland’s future Coughlan): The Irish food and drink industry has energy strategy. Wood energy, in the form of made significant strides over the past decade con- logs, chip and pellet, is renewable, carbon neutral, solidating itself as the key indigenous industry. sustainable and can be produced locally. Solid The value of exports during 2006 are estimated biomass, mainly in the form of solid wood, is to have grown by 10% and exceeded \8 billion already the largest source of renewable energy in for the first time. Ireland, accounting for 57% of Ireland’s total The landscape in which the industry operates renewable energy consumption in 2004. is changing rapidly. All elements of the landscape My Department, working in co-operation with including policy, the regulatory environment, COFORD (the National Council for Forest retail and food service buying- Research and Development) and Teagasc, power/configuration, consumption trends, supply actively encourages the development of the structures, and production/processing technology wood-energy sector through a range of support are changing — with the pace of change measures aimed at creating an effective and increasing. efficient supply chain from producer to end user. The continued success of the industry in this These measures complement more recent support increasingly complex and dynamic environment schemes introduced by the Minister for will be determined by the ability of its stake- Communications, Marine and Natural Resources holders, both producers and processors, to antici- targeting the user side of the chain through the pate and to respond to market opportunities in Pilot Bio-heat Boiler Deployment Programme an efficient and effective manner. The need for and the Greener Homes Scheme. My Depart- the sector to adapt to the more market oriented ment offers 100% grants and attractive premiums policy environment in which it now operates was for up to 20 years to encourage the establishment recognised in the Agri-Vision 2015 Action Plan of new forests on agricultural land. In addition published early last year and now being my Department supports a number of individual implemented. projects and initiatives which focus specifically on The National Development Plan 2007-2013 wood-energy. provides significant funding for the continued During 2006 COFORD, which is wholly- development of the food industry. Besides the funded by my Department, has been running a specific food related initiatives, the industry will 1705 Questions— 6 February 2007. Written Answers 1706 benefit from the huge investment in transport and the reduction of greenhouse gas emissions from other infrastructure, which are key to sustained agricultural sources. competitiveness, and to growing the exports. The My Department is funding various research industry will also have full access to the generic projects to assist in identifying sustainable green- industry supports in the Plan for research, tech- house gas emission reduction measures. Amongst nology, knowledge building, skills and people and these are studies focused on reducing methane will benefit from the increase in funding for food emissions in ruminants and an examination of research in the NDP. Department expenditure on nitrous oxide emissions from grasslands. These food research carried out by Teagasc, the univer- are in addition to agricultural-related research sities and ITs under the Food Institutional managed by the EPA. Research Measure (FIRM) is set to double to \14 Along with the other Departments on the million a year from the \7 million average over interdepartmental climate change team, my 2000-2006.In addition, some \289 million is pro- Department is considering the stakeholder sub- vided specifically for the food industry for capital missions received as part of the public consul- investment and marketing. tation process. A capital investment envelope of up to \200 million will underpin huge investment in key Question No. 146 answered with Question areas of the food industry. This includes a core No. 125. \100 million fund to support investment of \300 million in the dairy sector for which evaluation of Bovine Disease Controls. proposals is underway; an investment fund of up 147. Mr. M. Higgins asked the Minister for \ to 50 million, which will shortly be launched for Agriculture and Food the number of BSE cases the beef sector, and funding of projects in other detected here during 2006; the location of each of Annex I sectors which have been approved and these cases; the reason for the persistence of BSE are due to start. in cattle here; and the steps she is taking to Some \90 million will be provided for market- address the issue. [3762/07] ing. This includes funding for An Bord Bia for generic promotion, market supports in line with Minister for Agriculture and Food (Mary EU rules, promotion of quality and quality assur- Coughlan): 41 cases of BSE were confirmed in ance. Through its Overseas Office network and 2006. The following table gives the location of its primary focus on market investigation and each case by county. promotions, Bord Bia is playing a significant role There has been a dramatic reduction in the in assisting this development of a market led and incidence of BSE in Ireland. The number of cases sustainably competitive industry. peaked in 2002 at 333, following the introduction of mass surveillance at slaughter plants and National Climate Change Strategy. knackeries in 2001. Almost 700,000 animals are tested per annum in Ireland under this surveil- 145. Mr. Cuffe asked the Minister for Agri- lance regime. Despite this, the numbers of ani- culture and Food her Department’s input into the mals confirmed with the disease fell to 182 in revised National Climate Change Strategy; and if 2003, 126 in 2004, 69 in 2005 and 41 last year. she will make a statement on the matter. The vast majority of these cases were in ani- [3714/07] mals born prior to the introduction of additional controls in 1996 and 1997. Investigations are Minister for Agriculture and Food (Mary carried out into the feeding regimes of all herds Coughlan): My Department is represented on the in which BSE is identified and in particular in inter-Departmental team established to oversee herds in which cases born after the feed controls implementation of the National Climate Change were re-enforced are confirmed. To date, 18 ani- Strategy and is taking an active part in the current mals born after 1997 have been diagnosed with review of the Strategy. My Department has iden- BSE and 12 cases were confirmed in 1997 born tified, for consideration by stakeholders, a range animals but some of these were born before all of potential greenhouse gas reduction measures the re-enforced measures were fully in place. No in the agriculture area. These potential measures cases have been confirmed in any animals born include the promotion of low-emission slurry after 2001. The diagnosis of BSE in a small application technology, support for bio-energy number of cases in animals born after 1997 which crops, alternative carbon-neutral fuel sources, may relate to circumstances specific to the farms deployment of renewable energy technologies at in question and which do not conform with the farm level, improved manure management general trend as the incidence of the disease in through the use of new and emerging the national herd recedes which was not unexpec- technologies, optimisation of nitrogen use, mini- ted. There is, however, no basis for suspecting mum tillage systems and the development of for- that these cases are indicative of either a systemic estry. Decoupling of support for agriculture failure in controls or of a reversal of or deviation under the Single Payment Scheme will continue from the overall positive trend in relation to BSE to be the most significant contributory factor in in Ireland. 1707 Questions— 6 February 2007. Written Answers 1708

[Mary Coughlan.] The Saudi Arabian and UAE markets are The shift in age profile in BSE cases as well therefore very valuable markets for Irish food as a reduction in case numbers indicates that the exports and potentially for beef, if the current additional controls have been effective in signifi- restrictions were relaxed. I made a strong case cantly reducing the exposure of animals born during the visit for the full re-opening of the beef after 1997 to the infectious agent. It is expected markets in both countries. that the incidence of disease will continue to The visit was very successful and I had very decline as cows born prior to 1998 leave the positive discussions in Saudi Arabia on the ques- system. tion of Irish food exports in general and beef exports in particular. As a result of these dis- Incidence of BSE in 2006 by county cussions, the Saudi authorities have now offered to send a team of experts to Ireland to inspect County 2006 our food safety and animal health controls. I trust that the proposed visit will be successful and lead Carlow 2 to the re-opening of the market there for Irish Clare 5 beef in due course. Cork North 4 I also had fruitful talks during my visit to the Cork South 2 UAE. Although that market is open, only beef Donegal 1 from animals under 12 months is eligible and my aim is to have this age limit raised to at least 30 Galway 1 months. I am pursuing this issue with the auth- Kerry 5 orities in the UAE and would be hopeful of posi- Kilkenny 2 tive reaction. Leitrim 1 Limerick 3 Biotechnological Inventions. Louth 1 149. Mr. Costello asked the Minister for Agri- Mayo 2 culture and Food the steps she is taking to ensure Meath 1 that the public good competitive research prog- Monaghan 5 ramme, the Research Stimulus Fund, is used Offaly 3 presently to stimulate the development of plastic materials and chemical agents from plants such as Tipperary North 1 wheat, sunflower, maize or beet; and if she will Westmeath 1 make a statement on the matter of a major UK Wexford 1 supermarket chains introduction of plastic bags made solely from plant derived material. Total 41 [3747/07]

Minister for Agriculture and Food (Mary Official Travel. Coughlan): The potential for plant derived plas- tics is something that is recognised both here in 148. Mr. Ellis asked the Minister for Agri- Ireland and at EU level. I am aware that some culture and Food the progress made in her recent supermarket chains plan to use packaging trip to the Gulf States; and if she will make a materials from sustainable or recycled sources. statement on the matter. [3688/07] This can only be good news for the consumer and the environment. It also represents good news for Minister for Agriculture and Food (Mary farmers as suppliers of raw materials. Coughlan): I travelled to the Kingdom of Saudi My Department’s public good competitive Arabia and the United Arab Emirates as part of programme, the Research Stimulus Fund Prog- the recent trade delegation there led by An ramme, has placed significant emphasis on non- Taoiseach. food land uses. In the past two years five projects Saudi Arabia imposed a ban on the import- in this theme area have been funded to the tune ation of beef from Ireland and other EU coun- of \1.5 million. To date biological plastics have tries in December 2000, due to concern about not featured in the Programme since no suitable BSE. In the years preceding the ban, a substantial research proposals in that area have been submit- trade had developed in the export of Irish beef to ted for funding. However, in the recently pub- Saudi Arabia which was worth some \34m in lished 7th EU Framework Programme on 2000. To put this in context, Irish food and drink Research and Technological Development (FP7) exports to Saudi Arabia were valued at \140m in the theme area “Food, Agriculture and Fisher- in 2005. ies and Biotechnology” the Commission included The UAE was also a good market for Irish beef a specific project examining the conversion of until it was banned in January 2001. In 2000, Irish biomass, agricultural by-products and waste into beef, worth an estimated \17, was exported to the a diverse range of value products including, UAE. In 2005 Irish food and drink exports there potentially, plastics from grass. The National Sup- were valued at \25.4m. 1709 Questions— 6 February 2007. Written Answers 1710 port Structures for FP7 in my Department are culture Council on 29 January, identify a actively encouraging and assisting Irish strengthening of the role for POs as the core part Researchers wishing to participate in this Call. of the strategy for improving the competitiveness Furthermore, the development of expertise in the of the fruit and vegetable in the future. The pro- area will undoubtedly lead to the development of posals include measures for crisis management a research critical mass in Ireland and hopefully organised through POs and enhanced aid for to the submission of a suitable Research Stimulus measures both within and outside the PO frame- Project in the future. work to promote consumption of fruit and veg- etables particularly by young people. Agrifood Industry. Since 2000, twenty Irish POs have benefited \ 150. Mr. Sargent asked the Minister for Agri- from EU funding amounting to 24m. With pro- culture and Food her views on the falling number posals now on the table for greater flexibility in of fresh produce growers and the corresponding the EU rules governing the formation and oper- loss of farming skills here; her plans to reverse ation of POs, I hope to see them playing a much this decline; and if she will make a statement on greater role in the future in supporting Irish pro- the matter. [3708/07] ducers of fruit and vegetables.

Minister for Agriculture and Food (Mary 151. Mr. Sargent asked the Minister for Agri- Coughlan): The fresh fruit and vegetable sector is culture and Food if she will ensure adequate con- a very important sector that is capable of further tracts exist between multiple retail buyers of fresh substantial growth and development. Last year produce and growers to ensure a reasonable price farm gate production was valued at around is paid to farmers and to ensure sufficient security \230m with the domestic retail market valued at of produce sale is in place to allow crop plans to around \1 billion. However, producers have for be implemented; and if she will make a statement some time faced strong pressure from the highly on the matter. [3709/07] concentrated retail chains, which play a major role in setting prices, and from imported produce. Minister for Agriculture and Food (Mary As a result of these pressures, there has been con- Coughlan): I have no role in establishing contrac- solidation of grower numbers which has been tual relationships between multiple retail buyers compensated somewhat by an increase in scale and growers of fresh produce and a move on my of enterprise. part to do so could contravene EU competition My objective for horticulture is to develop a law. competitive sector with the maximum number of However, I am acutely aware of the difficulties producers and in the Agri-Vision 2015 Action faced by many producers in trying to meet the Plan my Department committed itself to provid- higher and higher quality standards and con- ing grant support that is strategically targeted at ditions of supply being demanded by retailers but horticultural projects in production, processing at lower prices. This is not sustainable in the long and marketing to improve the overall develop- term and I would also remind retailers, given the ment and competitiveness of the sector. growing consumer demand for quality local Under the 2000-2006 NDP Scheme of Invest- produce, of the importance of helping to maintain ment Aid for the Commercial Horticulture Sector a reliable local production base. my Department has paid grant aid amounting to One of the most important instruments for some \20m to producers while under the NDP counteracting the influence of the multiples is the Capital Investment Scheme for the Marketing EU Producer Organisation scheme. These organ- and Processing of Agricultural Products a total of isations enable growers to join together and con- \18.7m has been awarded to operators in the fruit, vegetable and potato sectors. Taken centrate their supplies within a planned together, these two schemes have leveraged an production/marketing strategy, thus enabling investment of over \110m in these sectors so far them to face up to pressures from the retail in the new millennium. Under the new Rural sector. Development Programme 2007-2013, it is antici- Proposals for reform of the EU common pated that further substantial funding will be pro- organisation of the market in fruit and vegetables, vided. This Programme remains to be cleared by as presented to the Agriculture Council on 29 the EU Commission and must also fulfil EU State January, were formulated by the Commission aid criteria. with the express aim of enhancing the role of pro- Another key to arresting the decline in pro- ducer organisations and helping them to assume ducer numbers is participation and working a stronger role in the determination of market together in Producer Organisations (POs). POs prices. My principal objective in the negotiations provide their members the opportunity to con- on those proposals is to ensure that the most flex- centrate marketing, reduce production costs and ible arrangements possible are put in place for stabilise prices. The proposals for reform of the producer organisations, so that more Irish pro- Common Organisation of the market for fruit and ducers are attracted to use this valuable vegetables, which were presented to the Agri- instrument. 1711 Questions— 6 February 2007. Written Answers 1712

[Mary Coughlan.] some 160,000 copies of the Code of Prac- The radical changes that the horticulture sector tice to all farmers in late November/early in Ireland, as in other EU countries and beyond, December 2006. On the 10th January 2007, is undergoing in terms of competition and rapidly I attended and fully supported the launch changing consumer lifestyles, smaller households, of the Health and Safety’s public awareness new demands for convenience and ‘ready-to-go’ campaign surrounding the Code of foods represent opportunities as well as chal- Practice. lenges for the sector. Under the 2000-2006 • Teagasc, the statutory body responsible for National Development Plan my Department pro- training in the agriculture sector, aims to vided on-farm and near farm investment aid of provide training for 9000 farmers on the \20m and \10.56m respectively to the sector to Code of Practice. improve marketing and processing. Bord Bia which comes under the aegis of my • For REPS participants, Health and Safety Department has been active in providing pro- is included as part of the 20-hour training ducers with market research, support for quality course. assurance and promotion opportunities to com- • Under the scheme of investment aid for plement the expertise provided by Teagasc’s Farm Waste Management operated by my training and advisory services. Department, investment can be made for Preparation and packaging facilities have been the purposes of increasing on-farm safety. modernised and supports for the organic sector, Eligible items include: which is an important component of the horticul- ture market, have been increased. The mushroom • Safety fencing around external slurry and sector has adapted to meet increasing compe- effluent stores; tition on export markets. On the domestic market • Safety covers on external agitation points producers and growers have expanded the range or manholes; of high premium crops such as strawberries and peppers, which are now being produced in • Safety rails on silo walls; Ireland on a commercial scale. • Replacement of single slats by gang slats; • Removal of existing internal agitation Farm Safety. points and its replacement by a gang slat; 152. Ms Lynch asked the Minister for Agri- and culture and Food the steps she has taken recently • Replacement of hinged door/sheeted gate to combat the number of farm accidents; and if with sliding door on animal housing. she will make a statement on the matter. [3752/07] Direct Payment Schemes. Minister for Agriculture and Food (Mary 153. Mr. Perry asked the Minister for Agri- Coughlan): I am very concerned about the level culture and Food if she will introduce a single of safety on our farms and I support whole- farm payment reserve fund to allocate a top up heartedly the work of the Health and Safety payment to persons who fared poorly under the Authority which is the State Authority charged national reserve allocation due to the DED aver- with overall responsibility for promotion of work- aging system; and if she will make a statement on place health and safety. Steps I have recently the matter. [3539/07] taken to combat the number of farm accidents include the following: Minister for Agriculture and Food (Mary Coughlan): The position is that the Single Pay- • The Minister for Labour Affairs and I ment Scheme is applicable to farmers who farmed launched at the World Ploughing Cham- during the three — year reference period 2000 pionships in Carlow last September a — 2002, who drew down livestock or Arable Aid “Code of Practice for the Prevention of premia in at least one of those years and who Accidents and Occupational Ill Health in continued to farm in 2005. The Single Payment Agriculture”. The aim of the Code of Prac- Scheme entitlements established for individual tice is to provide practical guidance to farmers, therefore, are a true reflection of their farmers and to help improve the level of farming activity and premia draw-down during safety and health in the agriculture sector. the reference period. Special provisions were The Code is the result of a joint initiative made for farmers (including young farmers) who between the Health and Safety Authority entered farming for the first time in either 2001 and the farm Safety Partnership Advisory or 2002. Their Single Payment was determined Committee of the Authority, on which based on the average of the years 2001 and 2002 Department of Agriculture and Food is or on the basis of premia paid in 2002 as represented appropriate. • My Department in conjunction with the The EU regulations also provided for the set- Department for Labour Affairs circulated ting up of a National Reserve. The Reserve was 1713 Questions— 6 February 2007. Written Answers 1714 created by reducing each farmer’s individual Sin- will be carried forward to the 2006 and sub- gle Payment by an amount of up to 1.82%. The sequent years’ Reserve. In this connection the purpose of the National Reserve is to try and Member State is only obliged to have one manda- minimise the impact on farmers who, for a variety tory category from 2006 onwards — for farmers of reasons, may find themselves disadvantaged in who inherited land that was leased out during the the transition to the new decoupled support reference period. However, I have already regime as a result of changes in their businesses announced that new entrants to farming would during or since the reference period. Categories again be catered for under the 2006 National of farmers catered for by the National Reserve Reserve. have included those who inherited land that was I am sure the Deputy will appreciate that the leased out during the reference period, those who National Reserve is a scarce resource created by made investments in production capacity or pur- reducing the entitlements of existing farmers and chased or leased land on a long-term basis or who will only be replenished by a claw-back on sales converted from dairying to a sector for which a of entitlements and the relinquishing of any direct payment would have been payable during entitlements that remain unused. My Department the reference period, new entrants to farming and must therefore be prudent in determining how certain hill sheep farmers. the funds in the reserve are administered. I have There were mandatory and non-mandatory cat- no plans therefore to create a new reserve as sug- egories in the 2005 National Reserve. The non- gested by the Deputy. mandatory categories in Ireland’s case were those dealing with new entrants and certain hill sheep Organic Farming. farmers who were prevented from increasing pro- 154. Ms B. Moynihan-Cronin asked the Mini- duction during the reference period pending the ster for Agriculture and Food the basis for her publication of commonage framework plans. Sep- conclusion that proposed new legislation on arate application arrangements were in place for organic production, combined with national this latter group. coexistence measures, will provide sufficient safe- In allocating entitlements to successful appli- guards to enable organic production to reach its cants in the mandatory categories, the Member full potential here; the way such proposed legis- State must apply objective criteria and ensure lation and national coexistence measures shall equal treatment between farmers. In allocating prevent the exit of organic farmers here from the entitlements to successful applicants in the non- industry due to the adventitious presence of gen- mandatory categories, the Member State must etically modified organisms like those reported to ensure that the allocation does not have the effect have been responsible for some Spanish farmers of increasing the value of any existing entitle- withdrawal from organic agriculture; and if she ments above the regional average value of entitle- will make a statement on the matter. [3746/07] ments. Similarly, the value of any new entitle- ments allocated to non-mandatory categories Minister for Agriculture and Food (Mary must not exceed the regional average. The Coughlan): The proposed new EU Regulation on Member State was allowed to determine what organic production states unequivocally that gen- constituted the regional average. etically modified organisms (GMOs) and prod- I established a Single Payment Advisory Com- ucts produced from or by GMOs may not be used mittee comprising representatives of the farming as food, feed, processing aids, plant protection organisations, Teagasc and officials from my products, fertilisers, soil conditioners, seeds, veg- Department to assist me in considering the objec- etative propagating material, micro-organisms tive criteria that should be used in making allo- and animals in organic production. cations from the reserve to the mandatory categ- However the Regulation recognises that there ories and also the most appropriate way to is some risk that GMOs may be introduced unin- determine the regional average value of entitle- tentionally to organic crops. The proposed co- ments in the case of the non-mandatory categor- existence measures will focus on creating con- ies. Having considered the Committee’s views, I ditions during the cultivation, harvest, transport decided that the regional average value of entitle- and storage of crops that minimise the possibility ments would be the average value of entitlements of contamination and on ensuring that conven- in the District Electoral Division (DED) associ- tional and organic growers can keep the adven- ated with the applicant’s herd number. This was titious presence of GMOs in their crops below considered to be a reasonable interpretation the labelling thresholds established in Com- reflecting, as it did, the average value of payment munity law. Measures are also proposed to entitlements and therefore the average farming provide redress to an organic farmer who suffers activity in the DED concerned during the refer- verifiable economic loss as a result of admixture ence period. of GM crops with non-GM crops. The total amount of money available for distri- bution under Ireland’s 2005 National Reserve Dairy Sector. was some \22.7m of which some \18m has already been allocated. Any remaining balance 155. Mr. Neville asked the Minister for Agri- 1715 Questions— 6 February 2007. Written Answers 1716

[Mr. Neville.] Minister for Agriculture and Food (Mary culture and Food the discussions she has had at Coughlan): The implementation of the Nitrates EU level to protect dairy supports; and if she will Directive is a matter in the first instance for the make a statement on the matter. [3582/07] Minister for the Environment, Heritage and Local Government. A number of measures to 169. Mr. Coveney asked the Minister for Agri- help farmers meet their obligations under the culture and Food the steps she is taking to sup- Regulations are already in place. In accordance port dairy incomes; and if she will make a state- with the Sustaining Progress agreement, improve- ment on the matter. [3572/07] ments to the Farm Waste Management Scheme and the Dairy Hygiene Scheme and substantially Minister for Agriculture and Food (Mary increased REPS payments were delivered in Coughlan): I propose to take Questions Nos. 155 2004. In March 2006 I announced further signifi- and 169 together. cant improvements in the Farm Waste Manage- Despite the challenges brought about by the ment Scheme, designed specifically to assist farm- further implementation of the Mid Term Reform ers meet the requirements of the Nitrates of the Common Agricultural Policy, 2006 turned Directive. Following on the Towards 2016 agree- out to be a successful year for the dairy sector. \ ment, and subject to the approval of the Euro- Exports increased in value to 2.08 billion, a rise pean Commission, I am making proposals in the of 4% compared with 2005. This rise in value was new Rural Development Programme, specifically due to strong returns particularly for protein on in the context of REPS, that will help farmers the internal market. Prices on international further. markets were operating 5% lower than in 2005. With the support of Teagasc and the Depart- However, since November 2006, international market prices have surged, particularly for pro- ment of the Environment, Heritage and Local tein, with world prices 30% higher than this time Government, I secured the agreement of the EU last year. Nitrates Committee to a derogation which will be At EU level, I have consistently challenged the available to grassland farms on an individual basis pace and level of reduction in support level and will allow farmers to operate at a level of up implemented by the Commission. In my view it is to 250 kg organic nitrogen per hectare. This is a crucially and strategically important that the EU very significant development for intensive farm- consolidates its international market share while ers, particularly those in the dairying sector. challenging competition on its domestic market. I Under the new Rural Development Programme have urged the Commission to maintain a com- I am also proposing that farmers availing of this petitive combination of aids and subsidies to derogation should have access, for the first time, achieve these objectives. to REPS. The key to meeting the challenges ahead is My Department is also committed to giving being adaptable to changes in the environment in farmers practical help where possible and to keep which our dairy sector operates. The outcome of the burden of paper-work to a minimum. To the current WTO Doha Round of negotiations assist farmers in complying with their obligations will have a significant impact on our export orien- on record keeping, where possible my Depart- tated dairy sector. I will continue to fight for the ment will utilize the information at its disposal to best possible outcome in the WTO Negotiations; provide organic nitrogen and phosphorus state- in the meantime, we must continue to develop the ments to farmers in respect of each calendar year. quality and competitiveness of our dairy product Statements in respect of 2005 were issued for offering. farmers’ information in October last and state- Last September, I established a \300 million ments for 2006 are being prepared and will issue investment package for the dairy sector. The as early as possible. As regards record keeping investment fund includes \100 million of Govern- generally, records that are already being kept for ment grant assistance. The purpose of this invest- other purposes and meet the requirements of the ment fund is to stimulate the development of the Regulations are acceptable; and most of the Irish processing sector and generate greater information needed is already on the Single Pay- efficiencies. I am confident that the Irish Dairy ment Scheme Application form, stock registers Sector will avail of the opportunities presented by and CMMS profiles. There are some additional this investment package and thereby ensure the records that must be kept, and examples of how continued success and development of this to keep these are contained in the Explanatory important sector. Handbook that was issued to all farmers in November, 2006. EU Directives. In addition, my officials and Teagasc staff held 156. Mr. Naughten asked the Minister for Agri- a series of 36 information meetings throughout culture and Food the steps she is taking to the country last November and December. At address the burden placed on farmers by the these meetings, farmers were given information Nitrates Directive; and if she will make a state- to help them understand the practical aspects of ment on the matter. [3560/07] the Regulations and had an opportunity to ask 1717 Questions— 6 February 2007. Written Answers 1718 questions about any particular concerns they south on animal health issues. The admini- might have. strations have traditionally shared information at local and national levels on disease control and Sugar Beet Industry. surveillance issues and have worked together to 157. Mr. Deenihan asked the Minister for combat illegal movements of animals and animal Agriculture and Food if she will ensure that products. During the Foot and Mouth emergency Mallow Sugar Plant will not be dismantled; and if of 2001 the co-operation and consultation at she will make a statement on the matter. official, Ministerial and political levels was vital. [3733/07] The establishment of the North South Minis- terial Council (NSMC) offered an opportunity to Minister for Agriculture and Food (Mary build on existing co-operation arrangements and Coughlan): Under the EU scheme for the restruc- provided a framework for the development of an turing of the sugar industry, the maximum rate all-island animal health policy. The main objec- of restructuring aid is available where the sugar tives of the Council are to foster co-operation and processor undertakes to fully dismantle the to devise a common, unified animal health redundant sugar plant. Greencore, following its strategy for the island as a whole. This involves decision to cease sugar processing in Ireland last the convergence of animal health policies and the year, submitted an aid application for the development of joint strategies for dealing with maximum rate of aid and, accordingly, this entails animal diseases. The ultimate objectives of an all- full dismantling of the Mallow sugar factory in island animal health policy are to establish a com- accordance with the EU regulations. mon import regime and equivalent internal The regulations in question also provided an arrangements with a view to achieving free move- option for a processor to apply for a reduced rate ment of animals and animal products within the of aid (75%) where a sugar plant would be par- island. tially dismantled and used for non-food purposes, The programme of work, mandated by the such as bioethanol production. A decision on NSMC, is being progressed by nine working which option to pursue rested entirely with the groups at official level. The remit of these groups owner of the plant. includes TB and Brucellosis, TSEs (BSE and Scrapie), veterinary medicines, other Zoonoses 158. Mr. Stanton asked the Minister for Agri- and animal diseases, disease surveillance, animal culture and Food if she will use her golden share welfare, import and export of live animals and in Greencore; the circumstances under which she animal products, animal identification, trace- would use such powers; and if she will make a ability and cross-border aspects of fraud. statement on the matter. [3550/07] These working groups meet regularly and their Minister for Agriculture and Food (Mary work has focused on three main themes: Coughlan): As Minister I hold a Special Share in • Common or equivalent controls at points Greencore plc. That share has the same monetary of entry to the island; value as any other share in the company but has conditions attached which prevent the company • Convergence of internal animal health poli- from engaging in a number of activities without cies; and the prior written consent of the Minister. In sum- • Development of joint strategies for the mary, the Special Share prevents the disposal of control of animal disease. the controlling interest in Irish Sugar Ltd, or the sale, transfer or disposal of more than 20% of The main achievements to date are the develop- specified assets, including lands and properties, of ment of a co-ordinated and complementary Irish Sugar Ltd in Carlow and in Mallow used in approach towards import policies and portal con- the production of sugar. It also prevents a single trols at points of entry to the island, the conver- shareholder or group of shareholders from gain- gence of policies in regard to animal identifi- ing control of Greencore plc. The Special Share cation and Scrapie and the strengthening of co- does not empower me to get involved in oper- ordination and co-operation between both ational matters or normal business decisions administrations on a variety of issues such as T.B, made by the company. Brucellosis, FMD, BSE, Avian Influenza, cross- border fraud, etc. These groups continue to Animal Health Policy. report progress in exchange of information and 159. Mr. Naughten asked the Minister for Agri- in implementation of initiatives aimed at policy culture and Food the steps she is taking to intro- convergence and the development of a common duce an all island animal health regime; and if she unified strategy for the island as a whole. will make a statement on the matter. [3578/07] The Farm Animal Welfare Advisory Council includes representation from the Department of Minister for Agriculture and Food (Mary Agriculture and Rural Development, (DARD). Coughlan): There is a long history of co-oper- A representative from DARD also attends the ation between the administrations north and Avian Influenza Advisory Group. 1719 Questions— 6 February 2007. Written Answers 1720

[Mary Coughlan.] farmed animals under the Protection of Animals Since the decision at EU level to lift the BSE Kept for Farming Purposes Act 1984, and the ban on exports from the United Kingdom from 3 European Communities (Protection of Animals May 2006, arrangements are in place and working Kept for Farming Purposes) Regulations 2006 (SI well between the two administrations facilitating 705 of 2006). In addition there is specific legis- the trade of cattle from Northern Ireland for lation in relation to pigs, calves and laying hens. slaughter, breeding and production. Welfare matters are dealt with generally by The achievement of an all-island animal health officers based in my Department’s District Veter- strategy involves complex dialogue and nego- inary Offices, who also have responsibilities in a tiation over a range of areas between the Irish, wide number of other areas related to animal Northern Irish and British authorities and will health, disease control etc. Funding is available to require the agreement of the European Union deal with emergency care, feeding, transport etc. ultimately. of welfare compromised farm animals. I am satis- fied that the resources available within my Food Agency Co-Operation Council. Department are sufficient to deal with these matters. 160. Mr. Bruton asked the Minister for Agri- In 2004 the Farm Animal Welfare Advisory culture and Food the number of meetings of the Council developed an Early Warning/ Inter- Food Agency Co-Operation Council in 2004, vention System for dealing with animal welfare 2005 and 2006; the number of times that its suc- cases. This involves my Department, Irish Farm- cessor has held meetings; and if she will make a ers’ Association and the Irish Society for the Pre- statement on the matter. [3589/07] vention of Cruelty of Animals. The objective of the system is to provide a framework within Minister for Agriculture and Food (Mary which farm animal welfare problems can be iden- Coughlan): The Food Agency Co-operation tified before they become critical or overwhelm- Council (FACC) met on 20 occasions between ing. The new system allows for concerned individ- 2000 and 2003 to promote co-operation between uals to approach their local IFA representatives, the State Agencies involved in the food industry. their local SPCA or my Department in the know- Since 2004 the food development agencies ledge that the matter will thereafter be dealt with directly concerned with the National Develop- in the most effective, timely and sensitive ment Plan 2000-2006 have met periodically to manner. assess progress under the Plan. Two meetings In addition to the foregoing, my Department were held in 2004 and one each in 2005 and 2006 makes ex-gratia payments annually to organis- while my Department was examining future ations directly involved in the provision of animal arrangements in the light of changes in the CAP care and welfare services, to assist in their on- and the 2015 Agri-Vision Report. going work. To date, a total of \7.2m has been Arising from this, the Agri-Vision 2015 Plan of paid to such bodies, some \1.24m of which was Action, which I launched last year, included the paid to organisations in December last to assist establishment of a high level group of CEOs of them during 2007. A provision of \1.3m for this food agencies, chaired at Ministerial level. This purpose is included in my Department’s group subsumes and replaces the FACC. In tan- Estimates for 2007. ISPCA has benefited from dem with this group a Food Industry Committee these payments. The headquarters of the Associ- was also established. The Agri-Vision 2015 ation has received a total of \414,880 to date. Agency CEO Group and the 2015 Food Industry That figure does not include significant payments Committee met place in July and November 2006 to affiliated branches of the organisation at respectively. Both groups are scheduled to meet national and local level. again this month. In addition under the Regional The main statutes governing cruelty to animals Food Fora initiative all the state agencies sup- in this country are the Protection of Animals Acts porting the food industry have been brought 1911 and 1965. Responsibility for pursuing cases together by my Department at three regional under that legislation rests with An Garda Sı´och- venues in the last year to promote regional and a´na, who may on receipt of a complaint, investi- local food enterprises. gate and bring a prosecution against any person alleged to have committed an act of cruelty Animal Welfare Bodies. against an animal. Officers of my Department are regularly involved in assisting the Gardai in such 161. Mr. J. O’Keeffe asked the Minister for cases. Agriculture and Food the number of animal wel- fare officers here; the funding provided by her Department to the ISPCA; and if she will make Waste Management. a statement on the matter. [3580/07] 162. Mr. S. Ryan asked the Minister for Agri- culture and Food if her stated confidence in the Minister for Agriculture and Food (Mary outcome of the Environmental Protection Coughlan): My Department has certain statutory Agency’s consideration of the landfill licence responsibility for the welfare and protection of application of a local authority which wishes to 1721 Questions— 6 February 2007. Written Answers 1722 institute a landfill in an area of importance to the Agri-Vision 2015 Plan of Action, the National horticultural industry here (details supplied) is Development Plan 2007-2013 commits \641m to underpinned by scientific evidence commissioned Agri-Food Research. This funding will provide or seen by her which confirms that should the scientific support to the sector and will assist the landfill go ahead no adverse implications, signifi- generation of new knowledge and technologies cant or otherwise, will be felt by the Irish horti- that are critical to the growth of a competitive, cultural industry; if she has made a submission to market-orientated and sustainable industry. the EPA on the licence application; and if she has The Agri Vision 2015 Action Plan identified not, the reason for same. [3745/07] the need for research in sustainable agricultural production, research in food quality, safety and Minister for Agriculture and Food (Mary nutrition, especially food for health and well- Coughlan): The issuing of waste licence appli- being, research on product innovation as well as cations is the responsibility of the Environmental research on forestry and on the rural economy. Protection Agency. I am satisfied that the EPA The priority is to ensure that the whole industry will work within its remit to ensure that the appli- will operate to the highest standards, built on a cation is assessed in accordance with all the regu- strong foundation of modern scientific know- latory procedures governing such applications. ledge, skills and innovative practices so that it remains competitive in the global marketplace. Genetically Modified Organisms. Under the new NDP my Department will con- 163. Mr. Gogarty asked the Minister for Agri- tinue to operate its competitive research prog- culture and Food the progress she has made on rammes in sustainable agriculture, food and for- drawing up guidelines for coexistence of geneti- estry, including development of non-food crops cally modified and non-genetically modified such as bio-fuels. These programmes provide crops; and if she will make a statement on the funding on a competitive basis to researchers in matter. [3717/07] Teagasc, the Universities and the Institutes of Technology for public good research projects, the Minister for Agriculture and Food (Mary themes of which are decided in consultation with Coughlan): I am currently in the process of con- all stakeholders. These measures are operated in sidering submissions received from the general a coherent way with linked programmes in other public on the recommendations contained in the Departments. In addition, the Teagasc R&D Interdepartmental Working Group Report on programme will continue to be a priority for my Coexistence of GM crops and non GM crops in Department. Ireland. I hope to be in a position to bring for- The programmes are targeted at increasing col- ward proposed measures for coexistence in the laboration and capabilities and also towards near future following consideration of these sub- building research teams who will be capable of missions and an evaluation of evolving devel- competing for EU 7th Framework Funding. opments at EU level. Indeed, the recently launched 7th EU Framework The introduction of these coexistence measures for Research and Technological Development will require a legislative framework and will offers significant opportunities for Agri-Food, necessitate clearance at EU level. Forestry and Fisheries researchers in Ireland. My Department has the support structures in place to Agrifood Industry. ensure that Irish researchers build on our excel- lent performance in FP6. 164. Mr. Ellis asked the Minister for Agri- culture and Food her plans for investment in Organic Farming. research and development in the agriculture and food sectors; and if she will make a statement on 165. Ms Enright asked the Minister for Agri- the matter. [3689/07] culture and Food if she will increase the rate of payment made to organic farmers; the last time 184. Mr. English asked the Minister for Agri- this payment was increased; and if she will make culture and Food her plans for the enhancement a statement on the matter. [3548/07] of research and development within the agri-food sector; and if she will make a statement on the Minister for Agriculture and Food (Mary matter. [3558/07] Coughlan): The current situation is that organic farmers in REPS with holdings of 3 hectares or Minister for Agriculture and Food (Mary more qualify for a supplementary organic pay- Coughlan): I wish to take Questions Nos. 164 and ment of \181 per hectare on the first 55 hectares, 184 together. and \30 per hectare over 55 hectares during the Research and Development are central to the in-conversion period. The equivalent rates when future well being of the agri-food sector and I am full organic status is attained are \91 and \15 per committed to ensuring that the sector remains hectare respectively. Organic farmers also qualify part of the Knowledge Economy. In line with the for basic REPS payments. Significant increases in national “Strategy for Science Technology and the basic REPS payments were introduced in Innovation 2006-2013” and my Department’s 2004; \200 per hectare for the first 20 hectares, 1723 Questions— 6 February 2007. Written Answers 1724

[Mary Coughlan.] eradicate tuberculosis; and if she will make a \175 per hectare between 20 and 40 hectares, \75 statement on the matter. [3574/07] per hectare between 40 and 55 hectares and \10 per hectare over 55 hectares. Minister for Agriculture and Food (Mary Organic farmers in REPS with holdings of less Coughlan): The overall national strategy for the than 3 hectares are eligible for payments of \242 eradication of TB provides for a comprehensive per hectare during conversion and \121 with full range of measures, including the mandatory organic status, on top of the basic REPS payment. annual testing for all cattle in the national herd, Subject to the approval of the European Com- the early removal of reactors, a wildlife prog- mission, I am proposing to increase the payments ramme involving the targeted removal of badgers to organic farmers under Ireland’s new Rural where they are implicated in a TB outbreak, the Development Programme for the period 2007 to use of the gamma interferon test in problem 2013. I am also proposing that the system of herds, as an adjunct to the tuberculin test, and the organic payments should be operated separately depopulation of infected herds where the level or from REPS, though organic farmers will be able duration of infection indicates that this is neces- to join REPS as well. sary to clear the herd and/or protect the neigh- bourhood. EU Directives. In addition, my Department also provides advice to farmers in relation to bio-security 166. Mr. Bruton asked the Minister for Agri- against TB infection such as maintaining satisfac- culture and Food if is satisfied that farmers are tory stock-proof boundary fencing, avoiding con- fully aware of the compliance rules under the tact with other herds, exercising care in buying- Nitrates Directive; and if she will make a state- cattle and ensuring that only recently tested ani- ment on the matter. [3562/07] mals are allowed move onto the farm. The ERAD compensation schemes are designed to Minister for Agriculture and Food (Mary encourage good bio-security practices and Coughlan): The European Communities (Good breaches of the various animal disease, welfare Agricultural Practice for Protection of Waters) and identification regulations are subject to Regulations 2006 were made by the Minister for prosecution. the Environment, Heritage and Local Govern- The present eradication programme is scientifi- ment in July 2006. cally based and is kept under constant review, as In order to inform and assist farmers with the evidenced by the changes that have occurred in Regulations, my own Department produced an recent times. Such recent changes include a more Explanatory Handbook for farmers setting out in focused contiguous herd testing policy and clear terms their obligations under the Regu- greater use of the ancillary gamma interferon lations. This Handbook, together with a copy of blood test in target herds. On the technology side, the Regulations, was sent to all farmers in new and enhanced computer systems have been October 2006. In addition, my Department made developed including an individual bovine animal use of its data holdings to send organic nitrogen unique identification and passport system, a com- and phosphorus statements to farmers in respect puterised movement monitoring system for bov- of the 2005 calendar year. Statements in respect ine animals (CMMS) and an animal health com- of 2006 are being prepared at present, and will puter system (AHCS). issue as early as possible. In addition, in view of the recognition that the A series of open information meetings took incidence of the disease in wildlife is a major place between 20 November and 4 December impediment to eradication of the disease, the cur- 2006, conducted by my Department in conjunc- rent eradication scheme contains a significant tion with Teagasc. The dates and venues of these wildlife strategy aimed at removing badgers in meetings were widely publicised by way of adver- adjacent areas where they are implicated in tisements in the farming press. tuberculosis breakdowns. The wildlife strategy is While my Department, in conjunction with implemented under licence from and in co-oper- Teagasc, has thus made major efforts to inform ation with the Department of the Environment, farmers about their obligations under the Regu- Heritage and Local Government. lations, the responsibility for compliance rests These measures have improved the effective- ultimately with the occupier of a holding. Farmers ness of the programme as evidenced by a signifi- should therefore ensure that they have read and cant reduction in the incidence of the disease understood their obligations under the Regu- from 4.2 reactors per thousand in 1998 to 2.7 in lations and they should, if necessary, obtain pro- 2006. A total of approximately 6.3 million animals fessional advice from their agricultural advisers. were subject to at least one test within twelve months and approximately 8.9 million animal tests were carried out. Bovine Disease Controls. My Department will continue to monitor and 167. Mr. Kehoe asked the Minister for Agri- review the effectiveness and efficiency of the culture and Food the measures she is taking to programme on an on-going basis with a view to 1725 Questions— 6 February 2007. Written Answers 1726 the eventual eradication of the disease. In this Scheme will be introduced as soon as EU context, notwithstanding the fact that the existing approval is received for the Programme. wildlife strategy has contributed to a reduction in the incidence of bovine TB, it is accepted that the Sugar Beet Industry. development of a vaccine for badgers is a pre- requisite if eradication of tuberculosis from the 171. Mr. Ferris asked the Minister for Agri- cattle population is to be achieved. My Depart- culture and Food her views on whether Green- ment, in conjunction with the Centre for Veterin- core are entitled to receive their share of the com- ary Epidemiology and Risk Analysis (CVERA), pensation fund related to the closure of the Irish plans to commence a large-scale field trial of sugar industry. [3734/07] BCG in badgers in the near future to test the effi- cacy of a vaccine. However, any vaccine will not Minister for Agriculture and Food (Mary be available in the immediate future and in the Coughlan): The EU restructuring aid for the meantime, the existing programme, updated as sugar industry is available for specified stake- appropriate in light of developments, will remain holders, namely sugar processors, beet growers in place. and specialized beet machinery contractors. In accordance with the EU regulations, the Govern- ment in July 2006 made certain decisions con- Rural Development. cerning implementation of the restructuring aid, 168. Mr. P. Breen asked the Minister for Agri- in particular the percentage to be reserved for culture and Food if she will provide grant aid to beet growers and contractors. These decisions support handling, drying and storage facilities for were based on the recommendations of an inde- grain farmers to facilitate farm to farm trading; pendent expert following an open consultation and if she will make a statement on the exercise with interested parties. The Government matter. [3544/07] decisions are now the subject of Judicial Review proceedings instituted by Greencore in the High Minister for Agriculture and Food (Mary Court and, in the circumstances, it would not be Coughlan): Under the Rural Development Prog- appropriate for me to comment further. ramme 2007-2013 which was published by my Department, grant aid for farm storage is Milk Quota. included under the sub-measure in the Farm 172. Mr. Hayes asked the Minister for Agri- Investment category of the programme. The culture and Food when she will issue quota to Programme is awaiting clearance by the EU applicants under the new quota exchange system; Commission and must also fulfil the EU State and if she will make a statement on the aid criteria. matter. [3538/07]

Question No. 169 answered with Question Minister for Agriculture and Food (Mary No. 155. Coughlan): Procedures for transmitting the results of the recently concluded first Milk Quota Farm Waste Management. Trading Scheme rests with the Co-ops themselves 170. Mr. Ring asked the Minister for Agri- who will be in communication with buyers and culture and Food the grant aid which will be sellers during the course of this week. My Depart- made available to small farmers to manage rain- ment provided the Co-ops with full details of the water under the nitrates action plan; and if she results for each Co-op last Friday. The quota pur- will make a statement on the matter. [3591/07] chased will not be available for use by the pur- chaser until the new quota year that commences Minister for Agriculture and Food (Mary on 1st April next. Coughlan): The technical specifications for farm buildings operated by my Department for the Poultry Industry. purposes of the Farm Waste Management 173. Ms O. Mitchell asked the Minister for Scheme require the installation of adequate Agriculture and Food if she will provide support arrangements for the separation of clean and to the former poultry suppliers to Castlemahon; dirty water as part of the conditions of any new and if she will make a statement on the investment. This would include rainwater. In matter. [3573/07] addition, I extended the terms of that Scheme in March 2006 to include the provision of grant-aid Minister for Agriculture and Food (Mary for the installation of guttering on existing build- Coughlan): I am aware of the serious concerns ings as a further new eligible item. of these poultry producers from my meeting with As far as the new 2007-2013 Rural Develop- them last November. ment Programme is concerned, I have provided There is no scope under EU Common Market that grant-aid will be available under the new Regulations to give financial support or aid to Farm Investment Scheme for, the installation of these producers. Many commercial broiler pro- water retention equipment on farms. This ducers, however, who were under contract to 1727 Questions— 6 February 2007. Written Answers 1728

[Mary Coughlan.] ments in relation to record keeping. Much of this Castlemahon have taken the opportunity since information, such as stock numbers and farmed the closure of adapting their premises to free- area, is already maintained by farmers on their range poultry production units. My Department herd registers or contained in their declarations is in the process of inspecting many of these units for the Single Payment Scheme. with a view to assisting this transition and regis- To assist farmers in complying with their obli- tering them as free-range producers. I understand gations on record keeping, my Department will, that there are more producers showing interest in where possible, make use of its data holdings to this area as well. send organic nitrogen and phosphorus statements In addition to this some commercial broiler to farmers in respect of each calendar year. State- producers who were under contract to Castlema- ments in respect of 2006 are being prepared at hon Foods are now supplying four other major present, and will issue as early as possible. poultry slaughter plants, and this figure may rise. My Department has already produced an The Government and the Industrial Develop- Explanatory Handbook for farmers setting out in ment Agencies recognise the need to create clear terms their obligations under the Regu- employment opportunities in Co. Limerick that lations. The handbook contains explanations of will provide sustainable jobs whether in the food and suggested formats for the records required, area or otherwise and recent announcements and helpsheets that farmers can use as examples. indicate success in this regard. This handbook, together with a copy of the Regu- A recent example of the attraction of Limerick lations, was sent to all farmers in October 2006. as a location for new business was the decision by While my Department is committed to min- Northern Trust Corporation to create 300 high imising the practical burden of compliance with quality jobs in the financial services sector. the Regulations, responsibility for compliance Another example is Vistakon which recently rests ultimately with the occupier of a holding. announced its intention to expand its Limerick Farmers should therefore ensure that they have operation and create 120 jobs in high-end manu- read and understood their obligations under the facturing. Regulations and they should, if necessary, obtain professional advice from their agricultural Rural Environment Protection Scheme. advisers. 174. Mr. Deenihan asked the Minister for Agri- Question No. 176 answered with Question culture and Food if she will extend the REP No. 112. scheme two; and if she will make a statement on the matter. [3545/07] EU Regulations. Minister for Agriculture and Food (Mary 177. Mr. J. Brady asked the Minister for Agri- Coughlan): Last year, I took advantage of the culture and Food if she will report on recent cor- Commission’s transitional rules to make special respondence or discussions she has had with provision for REPS 2 contracts expiring up to 30 Commissioner Fischer Boel on the simplification November 2006 to be extended for a further year. of EU regulations as these are applied to the However this option is no longer available to me. farming community. [3697/07] The EU Regulations governing REPS 2 and REPS 3 expired on 31 December 2006. It is now 193. Mr. Connaughton asked the Minister for legally impossible to approve or extend contracts Agriculture and Food the steps she is taking to under either of those Schemes. address the burden of red tape in agriculture; and Farmers whose REPS 2 contracts are now if she will make a statement on the matter. expiring have already had two opportunities to [3559/07] transform their undertakings into new five-year contracts in REPS 3. I am doing my best to make Minister for Agriculture and Food (Mary sure that REPS 4 will be available for them at the Coughlan): I propose to take Questions Nos. 177 earliest possible date. and 193 together. I am fully committed to reducing unnecessary EU Directives. bureaucracy in the administration of the CAP and one of my priorities is to pursue simplifi- 175. Mr. Kehoe asked the Minister for Agri- cation of procedures at farm level. The adoption culture and Food the steps she is taking to ease by Ireland of full decoupling under the Single the burden of paperwork placed on farmers by Payment Scheme, thereby replacing six EU sub- the Nitrates Directive; and if she will make a sidy schemes each with complex application, statement on the matter. [3561/07] qualification and implementation procedures, demonstrates in a very tangible manner the Minister for Agriculture and Food (Mary extent of my commitment. I have also, on a con- Coughlan): The European Communities (Good tinuous basis, applied the benefits of IT, wherever Agricultural Practice for Protection of Waters) possible, in the interests of quality customer Regulations 2006 contain a number of require- service. 1729 Questions— 6 February 2007. Written Answers 1730

I fully support the EU Commission’s ongoing Minister for Agriculture and Food (Mary efforts to reduce the regulatory burden of admini- Coughlan): I announced the results of the first stration on producers, food processors and Milk Quota Trading Scheme last Wednesday 31st national administrations. I am contributing January 2007. Before I announce details of the actively to this process. I have raised this issue on second scheme, my officials have invited the main a number of occasions with the Commissioner farm organisations and ICOS to a series of meet- and, indeed, with the German Presidency which ings later this week to consider these results and is giving the highest priority to the process of sim- review the operation of the first scheme. plification and the reduction of the bureaucratic burden of the CAP. On 10 January, I wrote to Direct Payment Schemes. Commissioner Fischer Boel and the Presidency 180. Mr. Coveney asked the Minister for Agri- outlining my concerns in relation to a number of culture and Food the steps she is taking to specific issues. My main concerns relate to the address the burden of cross compliance; and if advance notification of inspections under the Sin- she will make a statement on the matter. gle Payment Scheme and the level of sanctions to [3571/07] be applied under cross-compliance, including the extent of tolerance applied where non-com- Minister for Agriculture and Food (Mary pliance is inadvertent or negligible. I also raised Coughlan): My Department, in the context of these issues in the Council of Ministers on 29 delivering the Single Payment Scheme, is January and urged the Commissioner to present required to carry out on-the-spot inspections on a proposals to improve the current situation as number of farms covering such issues as eligibility quickly as possible. under the Scheme, compliance with EU legis- I believe that other aspects of the Single Farm lation in the areas of the environment, food Payment System should also be simplified. safety, animal health and welfare and plant health Specifically, I am seeking additional flexibility in and ensuring that the farm is maintained in good the management of the National Reserve and in agricultural and environmental condition. the leasing arrangements for payment entitle- A minimum of 5% of Single Payment Scheme ments. I have also sought rationalisation in the applicants are required to be inspected under the payment dates, additional flexibility in appli- eligibility rule. Up to two-thirds of these inspec- cation of the ‘ten-month rule’ and simplification tions are carried out without a farm visit and using the technique of remote sensing. of the current ‘modulated funds’ deduction The rate of on-farm inspection required for procedure. cross-compliance is 1% of those farmers to whom I intend to pursue these issues actively with the the Statutory Management Requirements Commission over the coming months. (including the Nitrates Directive) or good agricul- tural and environmental condition (GAEC) Farm Retirement Scheme. apply. However at least 5% of producers must be 178. Mr. Stanton asked the Minister for Agri- inspected under the Bovine Animal Identification culture and Food if she will backdate the top up and Registration requirements as this level is pre- payment under the early retirement scheme; and scribed under the relevant Regulations. if she will make a statement on the matter. In 2006, 7, 514 farmers have had their holdings selected for on-the-spot inspection out of some [3547/07] 130,000 who have applied for the Single Payment Scheme (over 100,000 of these are also applicants Minister for Agriculture and Food (Mary for the Disadvantaged Areas Scheme). The value Coughlan): I decided to increase the maximum in \ \ \ of both schemes to Irish farmers is some 1.55 the 1994–99 Scheme from 12,075 to 14,075 per billion in 2006. annum and the maximum in the 2000-2006 The policy towards on-farm inspection has \ \ Scheme from 13,515 to 15,000 per annum with been to give advance notification of up to 48 effect from 1st November 2006. hours in all cases. This policy of systematic pre- These increases formed part of the under- announcement of inspections was questioned by takings in the social partnership agreement, the European Commission in July 2006 and its Towards 2016. They will add some \33 million to unacceptability was conveyed to my Department the cost of the Schemes over the time they have in a formal communication in August. As a result, left to run, and will be funded entirely from the my Department was obliged to agree to a pro- Exchequer. portion of Single Payment Scheme inspections being carried out in 2006 without prior notifi- Milk Quota. cation. Some 650 farms out of 130,000 involved in the Single Payment Scheme were subsequently 179. Mr. Kenny asked the Minister for Agri- selected for unannounced inspection. The culture and Food when she commence a review balance of inspection cases, representing some of the new quota exchange system; and if she will 92% of the 7,514 farms selected for Single Pay- make a statement on the matter. [3537/07] ment Scheme/Disadvantaged Areas Scheme 1731 Questions— 6 February 2007. Written Answers 1732

[Mary Coughlan.] ation. The development of an all-island animal inspection in 2006, were all pre-notified to the health policy is a necessary prerequisite to the farmer. establishment of an all-island food label. The The EU regulations governing the Single Pay- development of the animal health policy is being ment Scheme would allow my Department to actively pursued in the context of North/South give pre-notification of inspection in all cases co-operation. In addition an all-island food label where certain elements of cross-compliance are would require negotiation between the relevant involved e.g. the Nitrates Regulations. However, authorities regarding its status and conditions for my Department is committed, in the Charter of use and general acceptance from consumers and Rights for Farmers 2005-2007 to carrying out all buy-in by producers and processors island-wide. Single Payment Scheme and Disadvantaged Area A Memorandum of Agreement was finalised Scheme checks during one single farm visit in between Bord Bia and Invest Northern Ireland most cases. This then obliges my Department to (INI) in November 2006 to provide for structured respect the advance notice requirements applic- ongoing co-operation in food promotion at Inter- able to the most stringent element of the inspec- national Trade Fairs, retail promotions on the tion regime viz. maximum of 48 hours notice but UK market, co-operation on developing the with no advance notice in a proportion of cases. speciality sector on an all island basis and market My Department is also committed in the Char- research and intelligence. ter of Rights to pursuing with the European Com- mission a strategy to deliver advance notification 182. Mr. Connaughton asked the Minister for of 14 days for inspections. The matter has been Agriculture and Food the steps she is taking to raised with the Commission on a number of extend country of origin labelling in the catering occasions since 2004, particularly in the context trade to lamb, pigmeat and chicken; and if she of the Irish situation where we are operating a will make a statement on the matter. [3570/07 fully decoupled and essentially area-dependent Single Payment Scheme. I have personally made Minister for Agriculture and Food (Mary the case again recently to Commissioner Fischer Coughlan): All beef sold or served in the retail or Boel and this issue will be a key point for Ireland catering sector is now required by law to carry in the CAP simplification initiative of the Com- an indication of country of origin. There are EU mission which is now underway. Regulations, which provide for the labelling of My Department believes that pre-notification unprocessed poultrymeat at retail level. The of Single Payment Scheme/Disadvantaged Areas information which these regulations require on Scheme inspections fits in with the practicalities the label includes the registered number of the of Irish agriculture where increasingly, farmers slaughterhouse or cutting plant and, where are also engaged in off-farm employment. In a imported from a Third Country, an indication of decoupled Single Payment Scheme system, the country of origin. There are no specific EU regu- provision of advance notification of inspection to lations governing the labelling of pigmeat or the farmer should not negatively impact on the sheepmeat beyond the general food labelling effectiveness of the control. However, as the EU regulations, which do not require ‘country of regulations stand, my Department is obliged to origin’ information. carry out a small proportion of inspections with- The general EU food labelling regulations out prior notification and this is what was done covering all food sold in Ireland require that the in 2006. My Department is seeking authority to information be given clearly, accurately and in a allow advance notification in all inspection cases language understood by the consumer. Among for 2007 and I will continue to press this point in these requirements is origin marking in cases the CAP simplification process. where failure to provide such information would I believe it is important to point out that the be likely to mislead the consumer to a material total level of cross compliance penalties in 2006 degree. This legislation comes under the remit of amounted to about \706,203.38. This represents the Department of Health and Children. just 0.05% out of the total Single Payment finan- The primary legislation enacted by the cial envelope of more than \1.3 billion available to Ireland. Oireachtas last year, under which our beef label- ling requirements on country of origin were extended to the catering sector also allows for the Food Labelling. extension of country of origin labelling to other 181. Mr. J. O’Keeffe asked the Minister for meats. However, because different origin label- Agriculture and Food her plans to establish an all ling requirements apply to other meats in the island food label; and if she will make a statement retail sector under current EU legislation and, on the matter. [3581/07] different systems of traceability are in operation coupled with some import/export complexities, it Minister for Agriculture and Food (Mary is not as straightforward as it is for beef. The Coughlan): I am supportive of initiatives to pro- European Commission, the Deputy will be aware, mote food on all-island basis where this is of mut- has opposed Member States introducing legis- ual benefit and leads to closer economic co-oper- lation in this area that is in excess of common EU 1733 Questions— 6 February 2007. Written Answers 1734 requirements. Nonetheless, my Department has Enterprise Ireland are responsible for the man- been involved in consultations with the Depart- agement of the scheme and implementation of ment of Health and Children on draft new regu- the Fund. They will play a key role, together with lations to require operators in the retail and my Department, in the evaluation of the suit- catering sectors to provide country of origin ability of investment projects submitted for information on poultrymeat, pigmeat and sheep- grant assistance. meat. It is my intention to submit these regu- All applications have now been received and lations, when they are finalised, to the European the fund has been oversubscribed with projects Commission for approval as required by EU from all the major dairy companies. The commer- legislation. cial and technical evaluation of applications has Of course, the preferred way forward is that begun and announcement of grant awards will the Commission would progress the question of take place later this year. One of the key aims of country of origin labelling of all meat at EU level. this package is to generate greater efficiencies for I have been in regular contact with the European Irish dairy processors, which will support better Commissioner for Health and Consumer Protec- prices paid to producers. tion on this subject. I have also raised this issue There is also a need for improved efficiency in the Agriculture Council and will continue to and long-term competitiveness at producer level. take every opportunity to press for progress on Reducing costs and increasing scale means get- this matter. I have used the opportunity provided ting more milk quota into the hands of active and by bilateral meetings with EU Ministerial col- committed producers at the lowest possible cost. leagues to seek their support for EU action on The Milk Quota Trading Scheme run last week Country of Origin Labelling and so far have been was a successful step towards meeting these encouraged by their response. objectives. Over 73m litres was transacted in the Last year the Health and Consumer Protection scheme successfully and I believe that this will Directorate of the European Commission under- build confidence in trading milk quota through a took a consultative process on a wide range of market-based system in future. issues in this area, under a document entitled The development of a modern, competitive, ‘Labelling: Competitiveness, Consumer Infor- innovative, market focused and highly efficient mation and Better Regulation for the EU’. I dairy sector is absolutely essential within the con- arranged for my Department to make a sub- text of global challenges. The greatest of these for mission on food labelling and country of origin 2007 is the Doha Round of WTO Negotiations. labelling of meat in particular to the Department There is significant pressure on all participants to of Health and Children, who co-ordinated the reach an agreement and I will continue to push Irish contribution to this process. This confirmed for the best possible outcome for the Irish dairy my strong preference for origin labelling of meat sector. and meat products and the desirability of there being common EU-wide legislation to support a labelling regime. Question No. 184 answered with Question No. 164. Dairy Sector. Food Labelling. 183. Mr. Kirk asked the Minister for Agri- culture and Food her plans for the development 185. Mr. Deasy asked the Minister for Agri- of the dairy sector; and if she will make a state- culture and Food the discussions she has had with ment on the matter. [3690/07] the Food Safety Authority of Ireland on the enforcement on the food labelling laws in view of Minister for Agriculture and Food (Mary their report to her Department of breaches in the Coughlan): Capital investment and research and law under her jurisdiction following an investi- development are priorities in the Agri Vision gation of 90 food businesses completed in 2004; 2015 Plan of Action, which I launched in 2006 and if she will make a statement on the and which set out actions for building a know- matter. [3577/07] ledge-based, competitive, innovative and con- sumer focussed agri-food sector. Minister for Agriculture and Food (Mary The Dairy Processing Investment Fund, which Coughlan): My Department has regular ongoing I launched last September, represents an invest- contact with the Food Safety Authority of Ireland ment package of \300 million for the dairy sector on a whole range of matters including labelling. over the next three years. The investment fund The Food Safety Authority’s Chief Audit Man- includes \100 million of Government grant assist- ager and three Audit Managers conducted the ance. The objective of the Dairy Processing audit of the 90 food premises in question. Follow- Investment Fund is to support capital investment ing this audit, the FSAI provided each of the related to the processing of dairy products. The official agencies with a copy of the report on intention of the fund is to underpin competi- those premises under their supervision which tiveness and viability of the dairy industry in were inspected. The Authority has confirmed that Ireland. follow up action was taken by way of additional 1735 Questions— 6 February 2007. Written Answers 1736

[Mary Coughlan.] Food Labelling. visits and inspections and that the matters, which 187. Mr. McGinley asked the Minister for Agri- required attention, have now been rectified. culture and Food the steps she is taking to ensure that non-organic food is not mislabelled; and if EU Studies. she will make a statement on the matter. 186. Mr. Wall asked the Minister for Agri- [3583/07] culture and Food her views on the EU’s SCENAR 2020 study. [3760/07] Minister for Agriculture and Food (Mary Coughlan): My Department is fully committed to Minister for Agriculture and Food (Mary ensuring that consumers can have full confidence Coughlan): The SCENAR 2020 Study was carried in the organic food they buy. For that reason, out by a number of EU institutions to identify extra staff resources were assigned to the Organic future trends and driving forces that will form the Unit last year and my officials are now systemati- framework for the European agricultural and cally inspecting retail outlets, including supermar- rural economy up to the year 2020. The study kets, shops and farmers’ markets, and checking to took twelve months to complete and built up a ensure that all product identified as organic has reference scenario based on an analysis of trends been produced fully in accordance with the from 1990 to 2005. These trends were then pro- organic regulations. jected to the year 2020 as a baseline and were The introduction of the European Communi- then compared with two alternative scenarios. ties (Organic Farming) Regulation 2004 (S.I. No These two scenarios are intended to demonstrate 112 of 2004) gave my Department powers to pros- two possible variations of policy, one for example ecute contraventions of Council Regulation allows for the implementation of a full WTO (EEC) No. 2092/91 on organic production and agreement, during the period up to 2020. indications referring thereto on agricultural prod- In the context of the future for EU agriculture, ucts and foodstuffs. To date one operator has the Study concludes that the on-going structural been convicted of an offence for labelling product change process will continue, regardless of policy in contravention of these Regulations. changes. While there will be fewer farms in the Consumers can play an important part in iden- EU than at present, overall farming productivity tifying traders and retailers who may be trying will be higher and also the average income of to abuse the Regulations governing the organic farmers as well. The study also notes that the cur- sector. My officials will carry out full and rigorous rent policy of making the agricultural economy investigations in any such cases and will bring more responsive to market forces will stimulate prosecutions where appropriate. the competitiveness of farmers and strengthen the viability of agricultural enterprises in to the Rural Development. future. 188. Mr. Stagg asked the Minister for Agri- This study’s conclusions are closely in line with culture and Food her views on the rejection by the analysis in this country on likely future trends. the European Parliament of the proposal to allow It sets out the present and forthcoming challenges EU member states to take up to 20% of the single which, in effect, mean that markets for Irish prod- farm payment and allocate it to rural develop- ucts are becoming ever more competitive and ment measures; the implications this vote will challenging, demanding even greater levels of have for recently announced rural development innovation. This is the reason I launched the Agri funding initiatives by the Government; and if she Vision 2015 Action Plan, as the Government’s will make a statement on the matter. [3758/07] response to the future needs of Irish farming. Implementing this Plan will underpin the State’s Minister for Agriculture and Food (Mary continuing role in creating a climate that allows Coughlan): The European Council agreement on Irish farming to meet these challenges by facilitat- the EU Financial Perspective 2007-2013 which ing the competitive drive and the attainment of was reached in December 2005, provided for an higher standards of innovation, thereby maximis- increase in voluntary modulation to permit the ing viable farm numbers and farm income. The transfer of up to 20% of a Member State’s allo- measures in the National Development Plan cation for direct payments and market supports (NDP) address the recommendations of the Agri to rural development. I respect the European Vision 2015 Action Plan and encompass the Parliament’s decision to oppose this proposal. It Rural Development Programme 2007-2013 that does not have direct implications for Ireland’s currently awaits EU approval. The NDP new Rural Development Programme. The Prog- embraces the Action Plan vision with an overall ramme which provides for substantial EU and package totalling \8.7 billion in public expendi- Exchequer funding for a range of rural develop- ture and provides clear and concrete commitment ment measures was submitted to the Commission to that vision and to the continued success of the for approval in December and does not envisage agri-food sector. recourse to voluntary modulation. 1737 Questions— 6 February 2007. Written Answers 1738

Agricultural Processing Sectors. cow scheme for the sheep industry; and if she will make a statement on the matter. [3555/07] 189. Mr. Kelly asked the Minister for Agri- culture and Food her plans for investment in the Minister for Agriculture and Food (Mary dairy, beef and sheep processing sectors; and if Coughlan): The Sheep Industry Development she will make a statement on the matter. Strategy Group issued its report in June 2006. [3692/07] This is a comprehensive study of the sheep indus- try which sets out a Development Plan for the Minister for Agriculture and Food (Mary sector contained in 37 recommendations. I Coughlan): In keeping with commitments given decided that the best way to implement these in the Agri-Vision 2015 Action Plan, I announced recommendations was to set up an implemen- over recent months, investment packages total- tation body comprised of representatives of all \ ling 150 million to support the development of sectors in the industry, including the relevant the dairy, beef and sheepmeat processing sectors. state bodies. It is chaired by Mr. John Malone, \ \ 100 million is for the dairy sector while 50 mil- former Secretary General of my Department, lion is being provided for the beef and sheepmeat who was also the author of the Strategy Group sectors. This substantial grant assistance, which report. \ should trigger investment in excess of 400 mil- The recommendations address issues such as lion, is yet another clear indication of the ewe welfare and quality assurance. The Imple- Government’s commitment to the continued mentation Group is nearing the completion of its development of a modern, competitive, innov- work and I look forward to its final report in the ative and market-focused food industry. near future. Financial support will be made available towards the cost of the construction and acquis- Social Partnership Agreements. ition of buildings, new machinery and equipment and will significantly assist the industry in improv- 191. Mr. J. Brady asked the Minister for Agri- ing efficiency and competitiveness. Indeed, it is culture and Food the main benefits of the part- important to acknowledge the constructive nership agreement with the farming organis- response in recent years, of the dairy, beef and ations. [3696/07] sheepmeat sectors to the challenges presented in Minister for Agriculture and Food (Mary an ever-changing market. This has made a major Coughlan): One of the key features of the agri- contribution to the enhanced status and repu- culture chapter of Towards 2016 has been the tation of Irish produce abroad. In Government Government’s willingness to provide a major we strive to lead that progress and assist stake- increase in funding for agriculture from holders by adopting pragmatic, if ambitious, poli- exchequer resources. This has not only made up cies in supporting the development of the sectors. for the inevitable decline in EU funding, due to The investment schemes will be managed by our economic success as a country, but has also Enterprise Ireland who will evaluate the suit- provided the finance for the very significant ability of investment projects submitted for enhancement of some major schemes which sup- grant assistance. port the development of the sector. I launched the Dairy Investment Fund in Towards 2016 includes a commitment that September 2006 with applications accepted until National Exchequer funding for the farm 23 November. The Dairy Fund will support schemes under the Rural Development Prog- Annex 1 dairy projects where the input and out- ramme will be \4.7 billion for the period 2007 to put is a minimum of 75% Annex 1. I was very 2013. This is an increase of 135% from the \2 pleased to be informed by Enterprise Ireland that billion in exchequer funds provided for the same the Dairy Investment Fund was over subscribed. schemes in the current round 2000 — 2006. The The scheme for the beef and sheepmeat pro- total agreed funding for the agricultural measures cessing sectors was announced on 8 November is \6.8bn, including \2.1bn from EU and 2006 and the initial response from the industry modulation. was very positive. In order to underpin the effec- The new draft rural development programme tiveness of this fund, ongoing consultations are reflects the commitments contained in the part- continuing between officials in my Department nership agreement and will cover both agricul- and Enterprise Ireland aimed at finalising the full tural and non-agricultural measures. In line with eligibility criteria and terms and conditions of the the EU rural development framework, the scheme. These will be announced once they are measures in the programme will address competi- finalised. tiveness and sustainability. The main elements are as follows: Sheepmeat Industry. • A 17% increase in payments under the Rural Environmental Scheme (REPS). 190. Mr. Perry asked the Minister for Agri- culture and Food if she will introduce a ewe wel- • An 8% increase in Disadvantaged Areas fare and quality scheme, similar to the suckler Scheme payments. 1739 Questions— 6 February 2007. Written Answers 1740

[Mary Coughlan.] In the meantime, I am revamping the Native • The average forestry premium will rise by Woodland Scheme and I am considering a 15%. number of suggestions to ensure that the scheme • The Installation Aid rate will increase by remains very attractive. It is my intention to re- 56%, bringing it up to \15,000. establish the Native Woodland Scheme Develop- ment Group to guide this process. There will also • A new Early Retirement Scheme will be be detailed consultations with all the relevant put in place with a maximum payment rate stakeholders. of \15,000. Any approvals which issued prior to 31 • A total of \250m is allocated for an Animal December 2006 can be completed in the normal Welfare, Recording and Breeding Scheme way. Applications in respect of which it was not for Suckler Herds. possible to issue a decision prior to 31 December 2006 continue to be processed by the Forest • There is capital investment funding of \100 Service with a view to issuing approvals under the million to support the dairy processing sec- new scheme when agreed, subject of course to the tor, and a \50m package for the beef and relevant conditions of the new scheme. sheepmeat processing sector. These are just a few of the measures contained in Question No. 193 answered with Question the agriculture chapter of the partnership agree- No. 177. ment, which is a very comprehensive document. It includes actions on all the main farming sec- Farm Structures. tors, as well as on the development of the food 194. Mr. Allen asked the Minister for Agri- industry. It also includes important measures on culture and Food her plans to increase land animal health, including a 50% reduction in dis- mobility; and if she will make a statement on the ease levies, and includes commitments to continu- matter. [3579/07] ing high levels of service to farmers by the Department. The strong focus on the future in Minister for Agriculture and Food (Mary the document is further underlined in the sections Coughlan): A number of schemes and reliefs on ‘renewable energy’, ‘enhancing the envir- have been introduced in recent years to bring onment’ and ‘measures to encourage structural about improvements in farm structures. Low lev- change’. els of land mobility remain an obstacle for those who wish to enter farming or expand the size of Afforestation Programme. their holding. However, leasing has become an 192. Mr. Ring asked the Minister for Agri- increasingly popular means of securing land as culture and Food the reason her Department has the volume of land sold on the open market ceased the native woodlands scheme; if she will declines and land prices rise. reopen the native woodlands scheme; and if she At present there are a number of generous will make a statement on the matter. [3634/07] schemes and reliefs aimed at encouraging land mobility and reducing the cost of transfers to Minister for Agriculture and Food (Mary young trained farmers. These include: Coughlan): I would like to assure the Deputy of • A rental income tax exemption of up to my continued support for the Native Woodland \15,000 for farmers over 40 years who lease Scheme. This is an extremely important scheme out land for a period of 7 years or more. and I would like to see it enhanced and • A rental income tax exemption of up to developed further so that the significant benefits \ which it brings, particularly in terms of biodivers- 12,000 for farmers over 40 years who lease ity, can be maximized. out land for a period of 5 to 7 years. The scheme was introduced in 2001 under the • Capital Gains Tax — Retirement Relief for terms of the last Rural Development Programme farmers aged over 55 years. and aimed at protecting and expanding Ireland’s native woodland resource and associated biodiv- • A 90% Agricultural Relief from Capital ersity, through the use of appropriate ‘close to Acquisitions Tax. nature’ silviculture. The scheme provided finan- • The provision of full Stamp Duty Relief for cial support for landowners to protect and young trained farmers. enhance existing native woodlands, and to estab- • Stamp Duty relief for land swap for the lish new native woodlands. purpose of farm consolidation between The last Rural Development Programme two farmers. closed on 31 December 2006. A new Rural Development Plan, covering the period 2007- Budget 2007 includes a number of provisions to 2013, has been submitted to Brussels and further encourage land mobility and farm consoli- approval is awaited. Provision has been made in dation. The measures include a third rental the new Programme to continue the work of the income exemption threshold of \20,000 for leases Native Woodland Scheme. of 10 years or over; stamp duty relief for farm 1741 Questions— 6 February 2007. Written Answers 1742 consolidation where only one farmer is consoli- • European Communities (Statistics) dating his holding; and a provision whereby farm- (Business Accounts Surveys) Regulations, ers who are leasing out land can still, subject to 2006. certain conditions, qualify for Capital Gains Tax • Statistics (Business Accounts Surveys) retirement relief. Order, 2006. In addition, increased support for land mobility is being provided through a range of enhanced • Statistics (Labour Costs Surveys) Order, measures included in the draft Rural Develop- 2006. ment Plan 2007-2013. The Installation Grant Aid • European Communities (Statistics) for young farmers is to be increased by 55% to (Labour Costs Surveys) Regulations, 2006. \15,000 and a maximum early retirement pension of \15,000 per annum is being provided for farm- • Civil Service Regulation (Amendment) ers who dispose of their land by gift, sale or lease. Act, 2005 (Section 31) (Commencement) All these measures help to improve land Order, 2006. mobility through early farm transfer or by • National Economic & Social Development encouraging greater levels of leasing, land swaps Office Act 2006 (Establishment Day) or farm consolidation. Order, 2006. • Appointment of Special Adviser (Minister Question No. 195 answered with Question for Justice, Equality and Law Reform) No. 128. Order, 2006. Consultancy Contracts. As required by the Act, all of the foregoing were printed and published by the Government Sup- 196. Mr. F. McGrath asked the Taoiseach the plies Agency. Notices of the making of all the contracts won by a company (details supplied) for foregoing have also been published in Iris Oifigi- his Department and bodies under the aegis of his u´ il pursuant to the Act. Department since 2000; the value of these con- Arrangements are being made to have copies tracts; and if these contracts were properly adver- of these statutory instruments sent to the insti- tised in a transparent way. [3378/07] tutions listed at Section 3 of the Statutory Instru- ments Act, 1947. The Taoiseach: My Department has engaged the company concerned to undertake an indepen- National Monuments. dent analysis of the Irish Annuity Market. The analysis is being undertaken under the aus- 198. Mr. Aylward asked the Taoiseach the out- pices of the Partnership Pensions Review Group come of an application for grant aid towards the which was established under the terms of cost of rebuilding a wall around a monument Towards 2016. (details supplied). [3380/07] Following a public procurement process, involving use of the eTenders website and the The Taoiseach: The application in question is notification of 9 companies, including 4 UK based still under consideration in my Department. I expect that a decision will be made shortly. companies, two Companies were selected to undertake the analysis jointly, the company con- cerned being the lead contractor. Consultancy Contracts. The total value of this contract is \100,000 199. Ms C. Murphy asked the Taoiseach if he plus VAT. has engaged consultants to review the quality of public services; if so, the terms of reference for Statutory Instruments. their engagement; the expected cost of employing these consultants; and if he will make a statement 197. Mr. J. O’Keeffe asked the Taoiseach the on the matter. [3382/07] title of each statutory instrument which he made during 2006 and which was not published in the The Taoiseach: While no consultants have been usual way pursuant to Section 3 of the Statutory engaged, it is the case that the Organisation for Instruments Act 1947 [3379/07] Economic Co-operation and Development (OECD) has been asked by the Government to The Taoiseach: The following statutory instru- develop a new comprehensive approach to public ments were made by me and Minister of State, service review and to use this approach to assess Deputy Tom Kitt, in 2006: the Irish Public Service. This approach will give • Statistics (National Employment Survey) us a holistic, system-wide assessment which Order, 2006. includes a peer review element whereby senior officials and practitioners from other countries • European Communities (Statistics) will be actively involved. (National Employment Survey) Regu- The terms of reference of the Review have lations, 2006. been published and are available on my Depart- 1743 Questions— 6 February 2007. Written Answers 1744

[The Taoiseach.] divisions that have vacancies to be filled; and ment’s website and on www.bettergov.ie. This when these are due to be filled. [3394/07] review has two main objectives: (1) to benchmark the Public Service in Ireland against other com- Ta´naiste and Minister for Justice, Equality and parable countries; and (2) to make recom- Law Reform (Mr. McDowell): I have requested mendations as to future directions for Public the information sought by the Deputy from the Service reform. While the Review will not be a Garda authorities. I will be in contact with the detailed audit of individual sectors such as health, Deputy when this information is to hand. education, local government etc., it will examine the effectiveness of arrangements through which Warrant Statistics. government objectives are translated into outputs and outcomes. It will focus on the connections 203. Mr. Deasy asked the Ta´naiste and Mini- between the different sectors including the links ster for Justice, Equality and Law Reform when between Departments/Offices and Local Govern- he will supply the information that was first ment, Health and Education Sectors, with a part- requested in Parliamentary Question Nos. 671 icular focus on delivery of quality public services. and 672 of 21 March 2006 and which was repeated in Question No. 391 of 5 July 2006. In order for the OECD to develop this systems [3408/07] level approach and to apply it in the first instance to the Irish Public Service, the Government is Tanaiste and Minister for Justice, Equality and increasing our contribution to the OECD on a ´ Law Reform (Mr. McDowell): I regret that diffi- once-off basis by \490,000. I expect the Review culties have arisen in collating the information in to be completed by the end of this year. the format requested by the Deputy and I have directed that this matter be resolved without Official Travel. delay. I will be in touch directly with the Deputy 200. Mr. Cuffe asked the Taoiseach the dis- as soon as possible. tance he travelled with a view to determining his carbon footprint, by air using commercial airlines Citizenship Applications. in the last year for which figures are available; 204. Mr. Howlin asked the Ta´naiste and Mini- and if he will make a statement on the matter. ster for Justice, Equality and Law Reform the [4029/07] immigration status of a person (details supplied) in County Wexford; if a renewal of registration The Taoiseach: I travelled by commercial air- with a stamp four on expiry of their current cer- line from Mumbai, India to London in January tificate of registration will be granted; and if he 2006 at the end of my official visit to India. This will make a statement on the matter. [3409/07] was the only commercial flight that I undertook in the course of my official duties in 2006. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): The position in Coroners Service. relation to granting long term residency is as fol- 201. Mr. Costello asked the Ta´naiste and Mini- lows: Persons who have been legally resident in ster for Justice, Equality and Law Reform the cir- the State for over five years on the basis of work cumstances surrounding the death of a person permit/work authorisation/work visa conditions (details supplied); and if he will make a statement may apply to the Immigration Division of my on the matter. [3393/07] Department for a five year residency extension. In that context they may also apply to be exempt Ta´naiste and Minister for Justice, Equality and from employment permit requirements. Law Reform (Mr. McDowell): The recognised The dependants of the aforementioned, who way in law for a death to be investigated, where have been legally resident in the State for over the circumstances surrounding it may be unclear, five years may also apply for long term residency. is by way of a coroner’s Inquest. While I have no This particular long term permission does not definite information on the coroner’s intentions grant an exemption from employment permit in this regard, I would be very surprised if an requirements to any such dependants. Time spent inquest were not held in this case. Such an inquest in the State on student conditions cannot be will enable the full details of the death concerned counted towards long term residency. to emerge into the public arena. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in Garda Deployment. the State is kept up to date. 202. Mr. Kehoe asked the Ta´naiste and Mini- An application for long term residence from ster for Justice, Equality and Law Reform the the person referred to by the Deputy was vacancies filled in the different Garda divisions to received in July 2006. I understand that appli- supplement the operation and supervision of the cations received in May 2006 are currently being traffic corps; the breakdown of the figures; the dealt with. 1745 Questions— 6 February 2007. Written Answers 1746

Closed Circuit Television Systems. of warnings does not result in the person chang- ´ ´ 205. Mr. Hogan asked the Ta´naiste and Mini- ing his or her behaviour, the Garda Sıochana may ster for Justice, Equality and Law Reform the fin- apply to the District Court for a civil order to ancial allocation for the provision of closed circuit prohibit the person from doing anything specified television in Kilkenny city; and if he will make a in the order. Only a senior member of the Garda statement on the matter. [3410/07] can make the court application, which means an officer not below the rank of superintendent. An Ta´naiste and Minister for Justice, Equality and order will remain in force for a period specified Law Reform (Mr. McDowell): I am informed by in the order, which cannot be longer than two the Garda authorities that the Garda CCTV years. If no period is specified, an order will Advisory Committee has recommended a Garda remain in force for two years. The penalties for CCTV scheme for Kilkenny. The Department of breach of an order will be a fine not exceeding \ Justice, Equality and Law Reform have sanc- 3,000 or a maximum of six months imprisonment tioned funding for CCTV Schemes. The CCTV or both. budget allocation for 2007 is \7,514,000.00 which I am informed by the Garda authorities that is divided between Garda Town Centre CCTV there have been eleven behaviour warnings systems and Community Based CCTV systems. I issued by members of An Garda Sı´ochana (to am further informed that a decision is imminent adults) since the 1January 2007, which may, if on the preferred procurement process for the they do not have the desired effect, result in installation of the Garda CCTV scheme for applications for orders. I intend to commence the Kilkenny. There is no individual financial allo- provisions of the Criminal Justice Act 2007 relat- cation to any particular system. ing to anti-social behaviour by children with effect from 1 March 2007. These provisions set Criminal Prosecutions. out on incremental procedure for addressing anti- social behaviour by children from a warning from 206. Mr. Quinn asked the Ta´naiste and Mini- a member of An Garda Sı´ocha´na to the making ster for Justice, Equality and Law Reform the of a behaviour order by the Children Court. number of anti-social behaviour orders issued to date. [3411/07] Consultancy Contracts. Ta´naiste and Minister for Justice, Equality and 207. Mr. J. O’Keeffe asked the Ta´naiste and Law Reform (Mr. McDowell): I commenced Part Minister for Justice, Equality and Law Reform if 11 of the Criminal Justice Act, 2006 regarding a decision has been taken on appointing market civil proceedings in relation to anti-social behav- research consultants to carry out the survey of iour by an adult on 1 January, 2007. A person public attitudes to An Garda Sı´ocha´na, the behaves in an anti-social manner if the person tender for which was published on the e-tenders causes or, in the circumstances, is likely to cause, web site on 14 of September 2006; and if he will to one or more persons who are not of the same make a statement on the matter. [3432/07] household as the person (a) harassment, (b) sig- nificant or persistent alarm, distress, fear or Ta´naiste and Minister for Justice, Equality and intimidation, or (c) significant or persistent Law Reform (Mr. McDowell): An invitation to impairment of their use or enjoyment of their tender for the provision of a Survey of Public property. The application by the Garda Siochana Attitudes towards An Garda Sı´ocha´na was adver- to the Courts for an order under the Act comes tised in the OJEC and on the e-tenders govern- at the end of a process. The first step in the pro- ment web-site with a closing date for receipt of cedure set out in the Act is that a member of the tenders of 7 November. Following evaluation of Garda Sı´ocha´na issues a behaviour warning to a the tender proposals by the Garda Authorities, person who has behaved in an anti-social manner. Millward Brown IMS was selected as the pre- The behaviour warning will contain specific infor- ferred bidder and a contract is due to be signed mation. It will include a statement from the with An Garda Sı´ocha´na in the near future. member of the Garda Sı´ocha´na issuing it that the person concerned has behaved in an anti-social Garda Operations. manner and will give details of the unacceptable behaviour, such as what the behaviour was and 208. Mr. J. O’Keeffe asked the Ta´naiste and the time when and the place where it took place. Minister for Justice, Equality and Law Reform It will make a demand either that the person when he expects the tetra communications system cease the behaviour or otherwise address the to come on-line and be available to An Garda behaviour in a way set out in the warning. Finally, Sı´ocha´na for use; the amount he anticipates it will the behaviour warning will warn the person that cost including the initial contract costs and per- failure to comply with this demand may result in iodic running costs thereafter; and if he will make an application to the courts for a civil order or a statement on the matter. [3434/07] that issuing of a subsequent behaviour order might also result in an application to the courts Ta´naiste and Minister for Justice, Equality and for a civil order. If a behaviour warning or a series Law Reform (Mr. McDowell): On 18 January, 1747 Questions— 6 February 2007. Written Answers 1748

[Mr. McDowell.] qualify for naturalisation; and if he will make a 2007, Tetra Ireland Limited was selected by the statement on the matter. [3488/07] Department of Finance as the preferred bidder for the provision of the National Digital Radio Ta´naiste and Minister for Justice, Equality and Services. The preferred bidder and the relevant Law Reform (Mr. McDowell): I refer the Deputy Departments and Agencies have commenced to my response to Parliamentary Question No. work on a Service Performance Evaluation (SPE) 136 on 23 November 2006 wherein I informed which involves the provision of a live working him that the person in question did not have five system covering a significant part of Dublin and years reckonable residency in the State prior to surrounding areas. An Garda Sı´ocha´na, as one of submitting his application and thus did not satisfy the principal users of the service, will play a major the statutory residency requirements at that time. role in the evaluation and testing of the network I have now been informed by officials in the and equipment. The SPE will enable the pre- Citizenship Division of my Department that the ferred bidder, Tetra Ireland, to demonstrate that person concerned has not renewed his position to it can deliver all the aspects of the system and remain in the State since July 2006. If an individ- provide a fully working solution that meets all of ual is required to have the permission of the the requirements of an emergency services net- Minister to remain in the State and does not work. In parallel with the SPE, the Department obtain or renew that permission as applicable, of Finance will conduct contract negotiations with that person is in breach of Irish Immigration law the preferred bidder and, subject to satisfactory and may ultimately be subject to deportation pro- completion of these negotiations and a successful ceedings. The person in question should remedy outcome of the SPE, a contract for the provision this situation by contacting his local immigration of the nationwide services will be signed by that officer. By allowing his permission to remain in Department. With regard to the details on the the State to lapse, the person in question will not be eligible to apply for a certificate of naturalis- contract costs and running costs requested by the ation until he can satisfy the statutory condition deputy, I am not in a position at this stage to of having one year’s continuous reckonable resi- provide these at this stage. In the first instance dence in the State prior to lodging his application. these are matters which will be subject to contract negotiation between the preferred bidder and the Department of Finance over the coming months. Domestic Violence. In addition, decisions by the Garda Authorities 211. Mr. Perry asked the Ta´naiste and Minister on the number of radio devices and the nature for Justice, Equality and Law Reform if he will of the services availed of will also determine the address the concerns raised by an organisation overall cost for the Force. (details supplied) in County Sligo in view of its submission; and if he will make a statement on Garda Stations. the matter. [3493/07] 209. Ms Enright asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform if his Law Reform (Mr. McDowell): I would refer the attention has been drawn to the unsuitable con- Deputy to my reply to Parliamentary Question ditions at Birr Garda station; his plans for the No. 5 of Thursday 7 December 2006 (ref Garda station; and if he will make a statement on 42178/06) and to Parliamentary Question 2853/07 the matter. [3443/07] of Wednesday 31 January 2007. In this latter response, I advised the House that the final Ta´naiste and Minister for Justice, Equality and report of the completed pilot project was received Law Reform (Mr. McDowell): There are plans to by my Department on Thursday 25 January 2007. update the Garda accommodation at Birr. In this Officials of my Department had a meeting with regard, the Office of Public Works has been representatives of the NDVIA on 29 January asked to acquire a property adjacent to the 2007 and explained to the NDVIA that, in station to facilitate extension and renovation of accordance with customary procedures, their final the existing building. When this process has been report on the pilot project and its most recent completed, consideration will then be given on outcomes would now be evaluated by the Depart- how best to progress this project. In the interim, ment. The original external evaluation of the any essential maintenance to the station will be pilot project, completed in early 2006, will also carried out under the Garda maintenance be reviewed again in order to consider fully the programme. options for advancing the objective matter of the pilot project on a nationwide basis. Citizenship Application. My Department has since been in consultation with the NDVIA on the question of a funding 210. Mr. Durkan asked the Ta´naiste and Mini- arrangement — on an interim basis — pending ster for Justice, Equality and Law Reform when examination by the Government of the report a person (details supplied) in County Westmeath submitted, and of any new developments in the will meet the necessary residency requirements to area. It is understood that this offer is acceptable 1749 Questions— 6 February 2007. Written Answers 1750 to the NDVIA. The NDVIA has sought a person (details supplied) in County Sligo; and if response within three months. During the three he will make a statement on the matter. years 2003 — 2006 inclusive, the NDVIA has [3524/07] reported that, it interacted with a total of 39 clients, mostly victims but also a small number of Ta´naiste and Minister for Justice, Equality and perpetrators. I would like to assure the Deputy Law Reform (Mr. McDowell): I understand from that the nationwide network of front-line services the Immigration Division of my Department that for victims of domestic violence provided by the the person concerned had permission to remain State and the voluntary sector will remain fully in in the State up to 24 March, 2006. I am also place whatever happens with this local pilot informed that there is no record of any appli- project. cation from the person concerned for further per- mission to remain since that date. Accordingly, 212. Aengus O´ Snodaigh asked the Ta´naiste the person concerned must contact the Immi- and Minister for Justice, Equality and Law gration Division of my Department outlining the Reform the status of the recommendations in the reasons, together with supporting documentation, 1997 Report of the Task Force on Violence for further permission to remain. Against Women, specifically in regard to the implementation of Garda policy in dealing with Criminal Prosecutions. domestic violence; if there are monitoring mech- 215. Mr. F. McGrath asked the Ta´naiste and anisms in place to ensure consistency in imple- Minister for Justice, Equality and Law Reform if mentation throughout the various Garda districts he has further information on the case of a person and between individual gardaı´; if responsibility (details supplied); and if there are other ways to for implementing policy has been assigned to a resolve this issue. [3525/07] specific assistant commissioner at central level and specific superintendents at district level; if Ta´naiste and Minister for Justice, Equality and Garda domestic violence and sexual assault inves- Law Reform (Mr. McDowell): As I have tigation units have been established in the major informed the House previously, this matter has urban areas outside Dublin, that is, Cork, been before the courts and a conviction recorded. Limerick, Waterford and Galway; and if these The court also ordered compensation to be paid, things have not been done, when they will be and I understand this was done. As the Deputy is done. [3508/07] aware, the courts are, subject only to the Consti- tution and the law, independent in the exercise of Ta´naiste and Minister for Justice, Equality and their judicial functions and it is not open to me Law Reform (Mr. McDowell): I have requested to comment or intervene in any way on the con- the information sought by the Deputy from the duct or decision of any individual court case Garda authorities. I will be in contact with the which is entirely a matter for the presiding judge. Deputy when this information is to hand. Residency Permits. Prison Building Programme. 216. Mr. Ring asked the Ta´naiste and Minister 213. Mr. McEntee asked the Ta´naiste and for Justice, Equality and Law Reform when an Minister for Justice, Equality and Law Reform application for family reunification will be his proposals for a new road entrance off the N2 approved for a person (details supplied) in to the proposed prison site at Thornton Hall, County Mayo. [3527/07] County Dublin; and if he will make a statement on the matter. [3509/07] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by Ta´naiste and Minister for Justice, Equality and the Immigration Division of my Department that Law Reform (Mr. McDowell): The prison site at the person in question made a Family Reunifi- Thornton Hall is accessed by the R130 road cation application in September 2005. The appli- which, prior to the purchase of the site was cation was forwarded to the Refugee Appli- assessed and found to be fully adequate to meet cations Commissioner for investigation as the requirements imposed by the development. required under Section 18 of the Refugee Act The question of providing a separate dedicated 1996. This investigation was completed and the access has however been raised with me by local Commissioner forwarded a report to my Depart- interests on a number of occasions and I have, in ment. Following consideration of this report, this response, undertaken to afford full consideration application was refused. The person in question to any such proposals received was notified of this decision on 23 November 2006 by registered post. Residency Permit. Garda Operations. 214. Mr. Perry asked the Ta´naiste and Minister for Justice, Equality and Law Reform when 217. Mr. Gormley asked the Ta´naiste and approval of a stamp four will be granted for a Minister for Justice, Equality and Law Reform if 1751 Questions— 6 February 2007. Written Answers 1752

[Mr. Gormley.] package of anti-crime measures, the Government his attention has been drawn to anti-social behav- approved the continuation of the existing Garda iour and the consequent litter caused by same, recruitment programme to achieve a total Garda including alcohol bottles and cigarette packets, strength of 15,000. The accelerated intake of 275 close to the Luas on Cowper Road on weekends; new recruits per quarter into the Garda College if the Garda is aware of this problem; the action will continue until this target is met. The Garda it will take; and if he will make a statement on Budget now stands at \1.4 billion, an 11% the matter. [3530/07] increase on 2006 and a 96% increase since 1997 in real terms. Ta´naiste and Minister for Justice, Equality and I am further informed by the Garda authorities Law Reform (Mr. McDowell): I am informed by that the personnel strength for Kinnegad Garda the Garda authorities that the area in question is Station and the Longford/Westmeath Garda Div- actively policed by Gardaı´ from Rathmines ision as at 31 December 1997, 2000 and 2006 was Garda station. There are regular foot, mobile and as set out here in the table hereunder: mountain bike patrols carried out by uniform and plain clothes Gardaı´ with a view to ensuring a 31/12/97 31/12/00 31/12/06 concentrated and visible presence in the area. The incidence of crime in the area and the allo- Kinnegad Garda cation of personnel resources are kept under con- Station 6 6 7 stant review by local Garda management. I am Longford/Westmeath further informed that there were a number of Division 232 241 278 public disorder and anti-social behaviour type incidents in the area referred to during 2006. I understand that a number of people have been I am further informed that resources are aug- arrested, including for public order offences, and mented from within the District/Division, to the other incidents are under active investigation patrol and respond to any calls from the by the Gardaı´. Policing strategies for the area are Kinnegad area. Resources are further augmented predicated on the policy of reducing and by a number of Garda National Units such as the preventing such incidents and the maintenance of Garda National Drugs Unit, the Garda National an environment conducive to the improvement of Immigration Bureau (GNIB), the Criminal the quality of life of the residents. These stra- Assets Bureau (CAB) and other specialised units, tegies are, and will continue to be, central to all of which have had increased resources. Garda policing plans for the area. management state that the information requested in relation to the Garda personnel strength for Kinnegad Garda Station for 1970, 1980 and 1990 Garda Strength. is not readily available and can only be obtained 218. Mr. Penrose asked the Ta´naiste and Mini- by the disproportionate expenditure of Garda ster for Justice, Equality and Law Reform the time and resources relative to the information Garda strength allocated to Kinnegad in 1970, sought. Under the Garda Sı´ocha´na Act 2005 it is 1980, 1990, 2000 and 2006; if he has satisfied him- the responsibility of Garda Commissioner to allo- self with the said allocation in the context that cate personnel to and within Divisions on a the population of Kinnegad and its hinterland has priority basis in accordance with the require- increased almost fivefold since the 1970s ; if, in ments of different areas. In this regard, I am view of same, he will take steps to ensure that informed by Garda management that personnel additional Garda personnel are allocated to this allocations are determined by a number of factors area; and if he will make a statement on the including demographics, crime trends and other matter. [3618/07] operational policing needs. Garda management state that such allocations are continually moni- Ta´naiste and Minister for Justice, Equality and tored and reviewed along with overall policing Law Reform (Mr. McDowell): I have been arrangements and operational strategy. This informed by the Garda authorities, who are ensures that optimum use is made of Garda responsible for the detailed allocation of resources and that the best possible service is pro- resources, including personnel, that the personnel vided to the public. The allocation of Garda strength (all ranks) of An Garda Sı´ocha´na resources will be kept under review and when increased to a record 13,000 following the attest- additional personnel next become available the ation of 299 new members on Thursday, 16 needs of the Longford/Westmeath Division and November, 2006. This compares with a total Kinnegad Garda Stations will be fully considered strength of 10,702 (all ranks) as at 30 June, 1997 within the overall context of the needs of Garda and represents an increase of 2,298 (or 21.5%) in Divisions and Stations throughout the country. the personnel strength of the Force during that period. The combined strength (all ranks), of Residency Permits. both attested Gardaı´ and recruits in training as at 219. Mr. M. Higgins asked the Ta´naiste and the 31 December 2006 was 14,068. Furthermore, Minister for Justice, Equality and Law Reform I should say that in December, 2006 as part of a the reason for the delay in reaching a decision 1753 Questions— 6 February 2007. Written Answers 1754 on the residency application of a person (details applicants investigate the need for CCTV in their supplied) made in April 2005; and when an area and to complete a detailed proposal, for sub- answer can be expected. [3633/07] mission under Stage 2 and Stage 2 is a direct Application Process for organisations who con- Ta´naiste and Minister for Justice, Equality and sider that they can develop and deliver a CCTV Law Reform (Mr. McDowell): The person in Programme immediately. It enables communities question made an application for permission to to avail of grant aid funding of up to \100,000 remain in the State on the sole basis of marriage from this Department to install a CCTV system to an Irish national. The Deputy may not be in their area. In addition, the Department of aware that there is no automatic entitlement to Community, Rural and Gaeltacht Affairs has residency in the State based on marriage to an given a commitment to provide successful appli- Irish national. Applications in this category are cations from RAPID areas with a further grant dealt with in strict date of receipt order and cur- \ rently take approximately 12 months to process. to a maximum of 100,000 subject to the total The case in question was originally being pro- grant-aid from both Departments not exceeding \ cessed in line with the procedures in place when 200,000 or 100% of the capital costs of the pro- information was provided of a change in circum- ject, whichever is the lesser. Pobal have been stances. As a result , further investigation was engaged to administer the Scheme on behalf of required which delayed the making of the final my Department. Grants pertain to capital expen- decision. However I am pleased to advise the diture only. Funding is not available for the oper- Deputy that the application for residency on the ational, maintenance and running costs of the basis of marriage to an Irish national has now CCTV system. All proposed Community Based been granted and a decision letter has issued to CCTV systems must comply with the ‘Code of the person in question. Practice for CCTV Systems’ and ‘Technical Specification for Community Based CCTV Garda Vetting Services. Systems’ authorised under Section 38(3)(c) of the 220. Mr. McGuinness asked the Ta´naiste and Garda Sı´ocha´na Act 2005, which provides a statu- Minister for Justice, Equality and Law Reform tory basis for community groups to operate the reason for the delay in providing Garda clear- CCTV systems. ance in the case of a person (details supplied); All applications must have the prior support and if he will expedite the matter. [3638/07] and backing of the local Divisional Officer of the Garda Sı´ocha´na. Section 38(3)(c) of the Act Ta´naiste and Minister for Justice, Equality and states, inter alia, that the Garda Commissioner Law Reform (Mr. McDowell): I am informed by shall specify the areas within which, based on the the Garda authorities that there is no record of a information available to him or her, the instal- vetting application having been received by the lation of CCTV is warranted. Authorisation may Garda Central Vetting Unit from, or on behalf be given by the Garda Commissioner, to persons of, the person in question. In the circumstances, who meet the established criteria and whose therefore, I can only suggest that the person con- application for authorisation in respect of a speci- tacts his/her prospective employing organisation fied area has been approved by the local auth- to determine the current situation, as it is only via ority, after consulting with the joint policing com- such organisations that vetting applications may mittee for that administrative area. The Garda be submitted. Commissioner may issue directions to authorised persons in relation to installation and operation Closed Circuit Television Systems. of CCTV and may with the Minister’s consent, 221. Ms Shortall asked the Ta´naiste and Mini- revoke, for failure to comply with the terms and ster for Justice, Equality and Law Reform the conditions or with a direction issued by the Com- proposals in respect of Pobal funding for com- missioner. munity closed circuit television projects, for the ongoing monitoring of this CCTV footage; the 222. Ms Shortall asked the Ta´naiste and Mini- guidelines for its usage; the role of the Garda in ster for Justice, Equality and Law Reform if the such projects; and if he will make a statement on plans for the proposed new Garda stations in the matter. [3649/07] Ballymun and Finglas include accommodation for Ta´naiste and Minister for Justice, Equality and closed circuit television monitoring equipment; Law Reform (Mr. McDowell): In June 2005 I and if he will make a statement on the matter. launched the Community Based CCTV Scheme [3650/07] to provide financial assistance to qualifying local organisations towards meeting the capital costs Ta´naiste and Minister for Justice, Equality and associated with the establishment of local com- Law Reform (Mr. McDowell): The information munity CCTV systems. The Scheme offers two sought by the Deputy is being compiled by the types of funding: Stage 1 offers a pre-develop- Garda authorities and I will communicate with ment grant of up to \5,000 to enable qualifying her as soon as possible. 1755 Questions— 6 February 2007. Written Answers 1756

Citizenship Applications. Garda Investigations. 223. Mr. Gregory asked the Ta´naiste and Mini- 226. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform when ster for Justice, Equality and Law Reform the a decision will be made on the application for reason for the detention in a Dublin prison of naturalisation by a person (details supplied) in persons (details supplied); when it is expected Dublin 7; the position of same; and when it will that their cases will be heard; when they will be be finalised. [3659/07] released; and if he will make a statement on the matter. [3701/07] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): An application Ta´naiste and Minister for Justice, Equality and from the individual in question was received in Law Reform (Mr. McDowell): It is not the prac- the Citizenship Division of my Department on 29 tice to comment on individual asylum appli- November 2004. Applications received in the cations. However, I am advised that the individ- second half of 2004 are currently being processed uals in question have failed to comply with their and there are approximately 250 applications statutory obligations to establish their identity awaiting processing before that of this applicant. under the Refugee Act 1996. After several unsuc- It is likely that the processing of this application cessful attempts to take their fingerprints, I am will commence shortly. I will inform the Deputy advised that they were arrested by the Garda and the person concerned when I have reached National Immigration Bureau and detained in a decision. Cloverhill Prison under Section 9 (8) of the Refu- gee Act 1996. I am further advised that they Visa Applications. appeared in Cloverhill District Court on the 26 January 2007 and were remanded in custody until 224. Mr. J. O’Keeffe asked the Ta´naiste and 8 February 2007. As the Deputy is aware the Minister for Justice, Equality and Law Reform if Courts are independent in the exercise of their extended visas for longer than three months can functions and I am unable to comment further on be made available to parents of non-nationals the matter. who are living here and married to Irish citizens, in particular where there are young grand- children. [3676/07] Juvenile Offenders. 227. Mr. Durkan asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform if he Law Reform (Mr. McDowell): Visa required will recognise or offer financial or other support nationals who wish to visit family members in this towards the setting up of a youth organisation State may apply for a visit visa. Visit visas are modelled on the US-based Boystown concept, as issued for short term trips only. The maximum envisaged by a person (details supplied) in duration for which an Immigration Officer will County Wicklow, which could offer security, permit the holder of a visit visa to remain in the guidance and stability to young boys who may be State is ninety days. Details of the documentation vulnerable; and if he will make a statement on required for a visit visa can be found on my the matter. [3705/07] Department’s website, www.justice.ie. Ta´naiste and Minister for Justice, Equality and 225. Mr. J. O’Keeffe asked the Ta´naiste and Law Reform (Mr. McDowell): As the Deputy Minister for Justice, Equality and Law Reform if may be aware my Department has particular multiple entry visas are or will be available to responsibilities regarding the criminal justice parents of non-nationals who are living here and system and how this affects children who come married to Irish citizens, in particular where they into conflict with the law. Following a Govern- wish to regularly visit their grandchildren. ment decision regarding reforms in the youth [3677/07] justice area an executive office, the Irish Youth Justice Service (IYJS), has been set up in my Ta´naiste and Minister for Justice, Equality and Department to manage and develop all aspects of Law Reform (Mr. McDowell): Visa required youth justice. I have been informed by the Irish nationals who wish to visit family members who Youth Justice Service that it has not received an are living in the State may apply for a visit visa. application or submission from the person Visit visas are issued for short term trips only. referred to by the Deputy in relation to the Girls The maximum duration for which an Immigration and Boys Town model. Should a submission be Officer will permit the holder of a visit visa to received by the IYJS it will be considered in the remain in the State is ninety days. Multiple entry context of the principles of the Children Act visas may be issued to those who have demon- 2001, the overall youth justice strategy and the strated a compliant travel history to the State in availability of resources. the recent past. Those who have held two pre- vious Irish visas and have observed the conditions Garda Operations. of these visas are entitled to apply for a multiple entry visa. 228. Mr. J. O’Keeffe asked the Ta´naiste and 1757 Questions— 6 February 2007. Written Answers 1758

Minister for Justice, Equality and Law Reform be submitted within two months of the initial his views on the proposed termination of the decision to refuse. Assets Recovery Agency in Northern Ireland as a separate entity; if this will impact on the level Treatment of Prisoners. of co-operation with the Criminal Assets Bureau; and if it will impact on the efforts to recover 230. Mr. Costello asked the Ta´naiste and Mini- moneys derived from criminal activities by para- ster for Justice, Equality and Law Reform the militaries and former paramilitaries throughout procedures to ensure that packages of clothes, the island of Ireland. [3767/07] submitted by a family for a prisoner, reach that prisoner; and if he will make a statement on the Ta´naiste and Minister for Justice, Equality and matter. [3787/07] Law Reform (Mr. McDowell): As the Deputy will appreciate, any decision to restructure the United Ta´naiste and Minister for Justice, Equality and Kingdom’s law enforcement agencies is of course Law Reform (Mr. McDowell): Standard pro- a matter for the British Government. In relation cedure in our closed prisons is that all properties to the merger of the Assets Recovery Agency and of persons committed to custody must be the Serious Organised Crime Agency, I have recorded and searched before being issued to the been given to understand that this will not result prisoner. In the case of packages of clothing for in the diminution in the resources available for prisoners, items are generally delivered to the assets recovery work in Northern Ireland. It is in visitor waiting room and each item of clothing or the interest of all that the excellent level of coop- property is recorded in a journal before being eration that exists currently between the Criminal taken to the prison reception area. The infor- Assets Bureau and the Assets Recovery Agency mation recorded includes the date and time of is maintained and I have been assured that the delivery of the property, the name and address of British authorities are fully committed to ensur- the person who has delivered the property and ing that this is the case. I am informed by the the name of the prisoner for whom it is intended. Garda Authorities that the Chief Bureau Officer On arrival in the reception area, the property is of the Criminal Assets Bureau has been in con- then recorded on a prisoner records system. The tact with the Director and Deputy Director of the property is searched and checked for contraband Assets Recovery Agency regarding the proposed at this point. Subject to everything being in order, merger with the Serious Organised Crime the property is then placed in the prisoner’s Agency (SOCA) in the United Kingdom. The locker in the reception area. Prisoners may Criminal Assets Bureau is confident that the level retrieve items of personal property from their of cooperation that exists will continue into the lockers, on request to the Governor in accord- future. I can assure the House that, as I have ance with the 1947 Rules for the Government of stated in the past, anyone who is in possession of Prisons. If permission is given, the prisoner signs illegally-obtained assets, regardless of back- for the property on receipt of same and is advised ground or affiliation, will be pursued with the that the property is received at his/her own risk. utmost vigour. Prisoner Complaints Procedures. Visa Applications. 231. Mr. Costello asked the Ta´naiste and Mini- 229. Mr. Costello asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform if he ster for Justice, Equality and Law Reform the will appoint an ombudsman for the Prison Service reason a person (details supplied) was refused a visa to visit here; if he will reconsider his to deal with prisoners’ issues; and if he will make decision;; and if he will make a statement on the a statement on the matter. [3789/07] matter. [3786/07] Ta´naiste and Minister for Justice, Equality and Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): Prisoners have a Law Reform (Mr. McDowell): The application number of avenues open to them to make referred to by the Deputy was received in the requests or complaints. They have access to staff, Visa Office, Dublin on 12 December, 2006. The the Governor, the Visiting Committee, my decision of the Visa Officer to refuse the appli- Department and the Courts. Under Section 3(1) cation was taken on 5 January, 2007. The appli- of the Prisons (Visiting Committee) Act, 1925, cation was refused as the Visa Officer was not the duties of each Visiting Committee include satisfied, on the basis of the documentation sub- hearing any complaints which may be made to mitted, that the person in question had demon- them by any prisoner and, if so requested by the strated a sufficient obligation to return home. In prisoner, to hear such complaint in private. Pris- addition, it was deemed that the finances shown oners may also write to the European Com- were insufficient. It is open to the person in ques- mission of Human Rights and/or the European tion to appeal the refusal decision. Guidelines on Committee for the Prevention of Torture and making an appeal can be found on my Depart- Inhuman and Degrading Treatment (CPT). In ment’s website (www.justice.ie). All appeals must addition, they may meet with Department 1759 Questions— 6 February 2007. Written Answers 1760

[Mr. McDowell.] Deputy under that Scheme. This was to enable officials on request to discuss any issue of them to investigate the need for CCTV in their concern. area and to complete a detailed application for The Prisons Bill, 2006, which is currently submission, under Stage 2 of the Scheme. In before this House, for the first time introduces an December 2006 Pobal invited all of the groups independent appeals mechanism of a quasi- who received Stage 1 grants to submit appli- judicial nature to review a decision by a Prison cations for Stage 2 funding before the end of Governor to impose disciplinary penalties involv- January 2007. I have been further informed by ing the loss of remission by prisoners. It makes Pobal that a Stage 2 application has now been provision for a prisoner, who has incurred such a received and Pobal will carry out thorough assess- penalty to appeal the finding or sanction, via the ments of all applications received and this process Governor, to an Appeal Tribunal. The Appeal will take approximately 6 weeks. Following this Tribunal may invite written submissions from the assessment, successful applications will be sub- prisoner and governor and shall notify the pris- mitted to the Pobal Board and thereafter will be oner of the date and time of the hearing. The considered by the overall Project Board (a Board prisoner may attend the hearing and may have comprising of representatives from Department legal advice or representation for the purposes of of Environment, Heritage & Local Government, the hearing. Under the Bill, the Tribunal may Department of Community, Rural and Gaeltacht uphold or quash the original finding and may Affairs, Chamber of Commerce Ireland, Gardaı´, affirm, vary or quash the original sanction Pobal and this Department) for recommendation applied. Where a prisoner makes a complaint and my subsequent approval. alleging ill-treatment, the complaint is investi- gated by the Governor. In any case where a crimi- Residency Permits. nal offence is disclosed, the Governor may request the Garda Sı´ocha´na to undertake a police 234. Mr. Deenihan asked the Ta´naiste and investigation with a view to obtaining evidence to Minister for Justice, Equality and Law Reform support a criminal prosecution. In the circum- when a decision will be made on the application stances. I do not currently propose to provide for for stamp 4 long-term residency by a person an Ombudsman for prisoners. (details supplied) in County Kerry; and if he will make a statement on the matter. [3983/07]

Visa Applications. Ta´naiste and Minister for Justice, Equality and 232. Mr. Costello asked the Ta´naiste and Mini- Law Reform (Mr. McDowell): The position in ster for Justice, Equality and Law Reform if he relation to granting long term residency is as fol- has received all necessary documents regarding lows: Persons who have been legally resident in the case of a person (details supplied); and if he the State for over five years on the basis of work will make a statement on the matter. [3790/07] permit/work authorisation/work visa conditions may apply to the Immigration Division of my Ta´naiste and Minister for Justice, Equality and Department for a five year residency extension. Law Reform (Mr. McDowell): The formal appli- In that context they may also apply to be exempt cation and necessary supporting documentation from employment permit requirements. The has not been received to date from the United dependants of the aforementioned, who have Kingdom authorities. My Department has been legally resident in the State for over five already written to the United Kingdom auth- years may also apply for long term residency. orities requesting them to commence processing This particular long term permission does not this individual’s application. grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be Closed Circuit Television Systems. counted towards long term residency. While 233. Mr. Allen asked the Ta´naiste and Minister applications for long term residency are under for Justice, Equality and Law Reform if he has consideration, the person concerned should received an application for funding to provide ensure that their permission to remain in the closed circuit television cameras for the func- State is kept up to date. An application for long tional area operated by an association (details term residence from the person referred to by the supplied); and when a decision will be made on Deputy was received in July 2006. I understand the application. [3982/07] that applications received in May 2006 are cur- rently being dealt with. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been 235. Mr. Deenihan asked the Ta´naiste and informed by Pobal, the company engaged to Minister for Justice, Equality and Law Reform administer the Community Based CCTV Scheme when a decision will be made on the application on behalf of my Department, that in 2006 a Stage for stamp 4 long-term residency by a person 1 (pre-development) grant of \4,000 was allo- (details supplied); and if he will make a statement cated to the Association referred to by the on the matter. [3984/07] 1761 Questions— 6 February 2007. Written Answers 1762

Ta´naiste and Minister for Justice, Equality and the information sought by the Deputy from the Law Reform (Mr. McDowell): The position in Garda authorities. I will be in contact with the relation to granting long term residency is as fol- Deputy when this information is to hand. lows: Persons who have been legally resident in the State for over five years on the basis of work Official Travel. permit/work authorisation/work visa conditions may apply to the Immigration Division of my 238. Mr. Cuffe asked the Ta´naiste and Minister Department for a five year residency extension. for Justice, Equality and Law Reform the dis- In that context they may also apply to be exempt tance he travelled with a view to determining his from employment permit requirements. The carbon footprint, by air using commercial airlines dependants of the aforementioned, who have in the last year for which figures are available; been legally resident in the State for over five and if he will make a statement on the matter. years may also apply for long term residency. [4027/07] This particular long term permission does not grant an exemption from employment permit Ta´naiste and Minister for Justice, Equality and requirements to any such dependants. Time spent Law Reform (Mr. McDowell): The information in the State on student conditions cannot be which the Deputy has requested is not readily counted towards long term residency. While available. When the information is to hand, I will applications for long term residency are under write to the Deputy. consideration, the person concerned should ensure that their permission to remain in the Residency Permits. State is kept up to date. An application for long 239. Ms O’Sullivan asked the Ta´naiste and term residence from the person referred to by the Minister for Justice, Equality and Law Reform if Deputy was received in January 2007. I under- a decision has been made on an application for stand that applications received in May 2006 are long-term residency for persons (details supplied) currently being dealt with. in County Limerick who have been living and working here for more than five years and whose Citizenship Applications. application was submitted to the immigration section of his Department approximately six 236. Mr. Wall asked the Ta´naiste and Minister months ago; and if he will make a statement on for Justice, Equality and Law Reform the posi- the matter. [4035/07] tion regarding an application by a person (details supplied) County Kildare for naturalisation; and Ta´naiste and Minister for Justice, Equality and if he will make a statement on the matter. Law Reform (Mr. McDowell): As outlined in [3985/07] Parliamentary Question put down for answer on the 29th November 2006 (PQ no. 40761/06) per- Ta´naiste and Minister for Justice, Equality and sons who have been legally resident in the State Law Reform (Mr. McDowell): An application for for over five years on the basis of work naturalisation from the individual in question was permit/work authorisation/work visa conditions received in the Citizenship Division of my may apply to the Immigration Division of my Department on 1 November 2005. The applicant Department for a five year residency extension. was subsequently asked to provide certain docu- In that context they may also apply to be exempt mentation in support of his application but from employment permit requirements. While despite a number of written reminders, such applications for long term residency are under documentation has not been received to date. consideration, the person concerned should There are approximately 4,500 applications ensure that their permission to remain in the awaiting processing before that of the applicant State is kept up to date. An application for long and, on the basis that he supplies the information term residence from the person referred to by the requested, it is likely that the processing of his Deputy was received in August 2006. I under- case will commence in the early part of next year. stand that applications received in May 2006 are I will inform the Deputy and the person con- currently being dealt with. cerned when I have reached a decision. Road Traffic Accidents. Carbon Emissions. 240. Mr. J. Breen asked the Ta´naiste and Mini- 237. Mr. Cuffe asked the Ta´naiste and Minister ster for Justice, Equality and Law Reform the for Justice, Equality and Law Reform the quan- number of times in 2005 and 2006 that Garda was tity, cost and type of fuel used by his car with a called to attend road accidents on the N85 view to determining his carbon footprint since it between Ennis and Ennistymon; and if he will was allocated; and the date that the car was allo- make a statement on the matter. [4041/07] cated. [4012/07] Ta´naiste and Minister for Justice, Equality and Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by Law Reform (Mr. McDowell): I have requested the Garda authorities that the information sought 1763 Questions— 6 February 2007. Written Answers 1764

[Mr. McDowell.] Dublin 15; and if not when this case will be is currently being researched and will be submit- decided on. [4059/07] ted at an early date. I will contact the Deputy again when the report is to hand. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): An application for Garda Strength. naturalisation from the individual in question was received in the Citizenship Division of my 241. Mr. J. O’Keeffe asked the Ta´naiste and Department on 12 January 2005. Applications Minister for Justice, Equality and Law Reform received in the second half of 2004 are currently the number of full-time members of An Garda being processed and there are approximately 600 Sı´ocha´na as of the 1 January 2003, 2004, 2005, applications awaiting processing before that of 2006 and 2007. [4042/07] this applicant. It is likely that the processing of this application will commence in the first quarter Ta´naiste and Minister for Justice, Equality and of this year. I will inform the Deputy and the per- Law Reform (Mr. McDowell): I have been son concerned when I have reached a decision. informed by the Garda authorities, who are responsible for the detailed allocation of Closed Circuit Television Systems. resources, including personnel, that the personnel strength (all ranks) of An Garda Sı´ocha´na 243. Mr. Curran asked the Ta´naiste and Mini- increased to a record 13,000 following the attest- ster for Justice, Equality and Law Reform if he ation of 299 new members on Thursday, 16 will establish a programme to install closed circuit November, 2006. This compares with a total television systems into every Garda station here strength of 10,702 (all ranks) as at 30 June, 1997 that does not presently have one; and if he will and represents an increase of 2,298 (or 21.5%) in make a statement on the matter. [4092/07] the personnel strength of the Force during that period. The combined strength (all ranks), of Ta´naiste and Minister for Justice, Equality and both attested Gardaı´ and recruits in training as at Law Reform (Mr. McDowell): I am advised by the 31 December 2006 was 14,068. Furthermore, the Garda authorities that a pilot project is cur- I should say that in December, 2006 as part of a rently under way at Pearse Street and Store package of anti-crime measures, the Government Street Stations. The pilot was recently extended approved the continuation of the existing Garda to include two rural stations. When the results of recruitment programme to achieve a total Garda the pilot scheme have been assessed by the Garda strength of 15,000. The accelerated intake of 275 Authorities, consideration will be given to nation- new recruits per quarter into the Garda College wide scheme. will continue until this target is met. The Garda Budget now stands at \1.4 billion, an 11% Citizenship Applications. increase on 2006 and a 96% increase since 1997 244. Mr. Curran asked the Ta´naiste and Mini- in real terms. I have been further informed by the ster for Justice, Equality and Law Reform the Garda authorities that the total strength of An status of an application for naturalisation made Garda Sı´ocha´na as at 31 December 2002, 2003, by a person (details supplied) in County Dublin; 2004, 2005 and 2006 (figures are calculated on an and when the application will be dealt with. end of year basis) was as set out hereunder: [4093/07]

Year Attested In Training Total Ta´naiste and Minister for Justice, Equality and recruited Law Reform (Mr. McDowell): An application for a certificate of naturalisation from the individual 31/12/2002 11,895 546 12,441 concerned was received in the Citizenship Section 31/12/2003 12,017 690 12,707 of my Department on 9 January 2004. As the per- 31/12/2004 12,209 519 12,728 son did not satisfy the statutory residency con- ditions as set out in Section 15 of the Irish 31/12/2005 12,264 1,125 13,389 Nationality and Citizenship Act, 1956 as 31/12/2006 12,954 1,114 14,068 amended, she was deemed ineligible to apply for naturalisation at the time. Her solicitor was This represents an increase of 1,627 (or 13%) in advised accordingly in July 2006. It is open to the the strength of An Garda Sı´ocha´na since 31 person in question to apply for a certificate of December, 2002 and an increase of 2,484 (or naturalisation at a future date, provided she satis- 21%) since 31 December, 1997. fies the statutory conditions applicable at that time. Citizenship Applications. Visa Applications. 242. Mr. English asked the Ta´naiste and Mini- 245. Mr. English asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform if a ster for Justice, Equality and Law Reform the decision has been made on an application for reasons for refusal for two applications for busi- naturalisation by a person (details supplied) in 1765 Questions— 6 February 2007. Written Answers 1766 ness visas for a trade delegation (details may be agreed between the parents. It is, of supplied); and if he will make a statement on the course, in the absence of agreement that the matter. [4104/07] parents may apply to the court for its direction on any question affecting the welfare of the child Ta´naiste and Minister for Justice, Equality and and in giving such directions by order the court is Law Reform (Mr. McDowell): The applications required to regard the welfare of the child as the referred to by the Deputy were received in the first and paramount consideration. A father’s Visa Office, Dublin on 4 January, 2007. The right, say, to apply to the court for custody or decision of the Visa Officer to refuse the appli- access to his child is not contingent on his being cations was taken on 30 January, 2007. The appli- made a guardian. cations were refused as the Visa Officer was not satisfied, on the basis of the documentation sub- Garda Investigations. mitted, that the persons in question had demon- strated a sufficient obligation to return home or 247. Mr. Gormley asked the Ta´naiste and that they would observe the conditions of the Minister for Justice, Equality and Law Reform if visa. In addition, the individuals concerned failed his attention has been drawn to a situation to submit any evidence of their finances. It is (details supplied); the person who is responsible open to the applicants to appeal the refusal for resolving such situations; if he or the Garda decisions. Comprehensive guidelines on making have powers to ensure the landlord acts to resolve an appeal can be found on my Department’s web- the situation; and if he will make a statement on site, www.justice.ie. All appeals must be submit- the matter. [4181/07] ted within two months of the initial refusal Tanaiste and Minister for Justice, Equality and decision. ´ Law Reform (Mr. McDowell): I am informed by the Garda authorities that two persons at the Proposed Legislation. address referred to have come to the attention of 246. Ms C. Murphy asked the Ta´naiste and Gardaı´ and have been prosecuted and convicted Minister for Justice, Equality and Law Reform for road traffic and other offences. An Garda his views on an amendment to family law that Sı´ocha´na is not aware of any vehicles being seized would allow for informal custody arrangements from the person understood to be referred to. I between separated and unmarried parents to be am further informed that no complaints have put on a solid legal footing without requiring the been received by Gardaı´ from neighbours in involvement of the courts; if he will further allow relation to this person’s activities. Local Gardaı´ for the establishment of a central register that are not in possession of any information regard- parents sharing joint custody of their children can ing the welfare of the children concerned which join in order that both parents are entitled to give would give rise to concern. consent for medical procedures without having to be in possession of their guardianship papers to Consultancy Contracts. prove eligibility to give consent; and if he will 248. Mr. F. McGrath asked the Ta´naiste and make a statement on the matter. [4106/07] Minister for Justice, Equality and Law Reform the contracts won by a company (details Ta´naiste and Minister for Justice, Equality and supplied) for his Department and bodies under Law Reform (Mr. McDowell): The Guardianship the aegis of his Department since 2000; the value of Infants Act 1964, as amended by the Children of these contracts; and if these contracts were Act 1997, already encourages parties to think in properly advertised in a transparent way. terms of agreeing to the custody arrangements for [4551/07] their child, the right of access to the child or any other question affecting the welfare of the child Ta´naiste and Minister for Justice, Equality and without the need for court interventions. Pro- Law Reform (Mr. McDowell): I can inform the visions in the Act of 1997 encourage, where Deputy that a contract to the value of \118,586.00 appropriate, the effecting of a deed or agreement was awarded to the Company in question in the in writing by the parents on the matter. Where period concerned following a competitive inter- the parties enter into an agreement in writing that view and an open tendering process. The contract includes an undertaking to take custody of the was in respect of a Gender Pay Study. In the time child or there is a provision governing the rights available to draft this reply it was not possible for of access of the parties to the child, an application Garda records to be fully examined. If any rel- may be made for an order making the agreement evant information relating to contracts awarded a rule of court. The order made is a form of regis- to the company concerned by the Garda auth- ter of the agreement and its effect is to provide a orities is identified it will be forwarded to the mechanism for the enforcement, where necessary, Deputy as soon as possible. of the order. The exercise of guardianship rights such as custody, access or decisions about a National Development Plan. child’s health requirements and other matters affecting the welfare of a child are all matters that 249. Mr. Kehoe asked the Minister for Finance 1767 Questions— 6 February 2007. Written Answers 1768

[Mr. Kehoe.] advantageous proposal. In this case, the criteria the projects that were targeted in the last national used were technical merit and suitability of the development plan in County Wexford; the break- proposed service solution, financial and legal down of each one completed or the stage that evaluation, service and support arrangements, each project is at; the overspend envisaged and training, and terminals. The InterAgency Group’s an explanation for each; and if he will make a evaluation team used these criteria to compare statement on the matter. [3148/07] the two remaining proposals. The National Development Finance Agency conducted the 250. Mr. Kehoe asked the Minister for Finance evaluation of the financial robustness of both pro- the investments outlined in the last national posals. The proposal that scored the highest total development plan in County Wexford; the plans mark following this comparison was announced and investments that have been completed, that as the preferred bidder. This preferred bidder are on-going or did not progress from planning must now prove, within a defined timescale, its stage; and if he will make a statement on the capability to deliver the service it proposed, matter. [3159/07] before a contract can be awarded. I am satisfied that the procurement exercise was conducted in Minister for Finance (Mr. Cowen): I propose full compliance with procurement law and that to take Questions Nos. 249 and 250 together. my Department has fulfilled all of it obligations I refer the Deputy to my reply to Parliamentary in that regard. Questions Nos. 98 and 99 of Thursday 1 February on the matter. Garda Stations. 252. Mr. Kehoe asked the Minister for Finance Public Service Contracts. if a site for the new Garda station in Wexford 251. Mr. J. O’Keeffe asked the Minister for town has been purchased; if the transaction has Finance when the request for tender for the pro- been completed; the position regarding the build- vision of tetra communications was issued; the ing project; the timeframes for the project; and if number of tenders received; the selection criteria he will make a statement on the matter. that were applied; the way the successful tenderer [3773/07] met those criteria; if he is satisfied that the tender process was fair and open; and if he will make a Minister for Finance (Mr. Cowen): The Com- statement on the matter. [3433/07] missioners for Public Works expect to finalise the acquisition of a site at Roxborough for Wexford Minister for Finance (Mr. Cowen): The pro- Garda Station before the end of February, 2007. curement competition for the provision of It is expected that a sketch scheme for a new Div- national digital radio services to the non-commer- isional Headquarters will be ready in early 2007. cial public sector was conducted under EU Pro- On approval of the sketch scheme by the Garda curement Law using a Restricted Procurement Authorities a part 9 planning application will be Procedure. It was overseen by an InterAgency initiated. Allowing for the completion of the Group chaired by my Department. The initial planning process and the procurement process, it contract notice was issued on 4 January 2006. is expected that construction will commence Nine responses were received from which five within 12 months. were shortlisted for receipt of the full tender documentation. This documentation was issued Flood Relief. to these five on 12 June 2006. One of the five respondents withdrew from the competition and 253. Mr. J. Breen asked the Minister for Fin- did not submit a proposal. The remaining four ance if he will arrange for better public respondents submitted proposals by the closing announcement of the opening of floodgates in date of 22 August 2006. Clonlara, County Clare in the future; if he will Qualification criteria are used to determine if seek an improvement in communication between a response can be qualified for consideration. In Electricity Supply Board areas at such times to this case, respondents were required to submit lessen the risk of flooding; and if he will make a proposals that proved their ability to meet all of statement on the matter. [3805/07] the detailed requirements specified in the tender documentation, and proved their ability to 254. Mr. J. Breen asked the Minister for Fin- sufficiently fund and financially sustain the ance if he will set up a compensation fund for the services required. The four proposals submitted victims of extensive flooding at Clonlara, County were evaluated initially against these qualification Clare in view of the fact that the actions of the criteria. Two of the responses were found to have Electricity Supply Board in opening floodgates not qualified because they did not meet all of the was a major factor in the flooding; and if he will specified requirements. The remaining two were make a statement on the matter. [3806/07] forwarded to an Award Evaluation process. This process is used to determine which of the qualify- 255. Mr. J. Breen asked the Minister for Fin- ing proposals offers the most economically ance if he will arrange to have the river at Plassey, 1769 Questions— 6 February 2007. Written Answers 1770

County Clare known as the cut to be dredged in Minister for Finance (Mr. Cowen): In accord- view of the severe and extensive flooding that ance with the requirements of Article 11 of the occurred at Clonlara, County Clare during Constitution, revenues accruing to the State December 2006; and if he will make a statement including those seized from drug dealers through on the matter. [3807/07] the functions of the CAB are paid into the Cen- tral Fund, from which the Government draws for 271. Mr. P. Breen asked the Minister for Fin- expenditure on all necessary public services and ance if his Department has recently provided investment. There are no proposals to alter funding to alleviate flooding in the lower these arrangements. Shannon basin in order to prevent further flood- With certain exceptions, earmarking revenues ing for householders and landowners; and if he for a specific expenditure programme would, in will make a statement on the matter. [3819/07] general, constrain the government in the imple- mentation of its overall expenditure policy. Fur- Minister of State at the Department of Finance thermore, if certain revenues were earmarked for (Mr. Parlon): I propose to take Questions Nos. particular projects within the overall fight against 253 to 255, inclusive, and 271 together. drug abuse, any projects thus funded would be Following the exceptional rainfall since mid- dependent on actual revenue collected from that November a number of areas throughout the source. Therefore, a fall in revenue generated by country, including the Lower Shannon area, have that source could imply a fall in expenditure on been severely affected by flooding. It was with such projects. this in mind that I announced on 18th January, However, the Deputy should note that the that the Commissioners of Public Works will Government already is allocating considerable work with Local Authorities to try to identify sol- resources to the fight against drug abuse by a utions to the various flooding incidents that have range of Government Departments and State occurred. The local knowledge of Local Auth- Agencies as well as the Community and Volun- ority staff, allied to the expertise of the OPW in tary Sector. For example, in 2007 the Department dealing with river engineering, will assist in devis- of Community, Rural and Gaeltacht Affairs has ing potential solutions to the individual problems been allocated \43 million for the expenditure in the most efficient manner possible. Where subhead ‘Drugs Initiative/Young Peoples Facili- additional surveys or other information is needed ties and Services Fund’. this will be procured. It is my intention that, where solutions are identified which offer an Garda Stations. acceptable level of social and financial benefit and which are environmentally acceptable, these 257. Mr. P. McGrath asked the Minister for will be implemented as quickly as possible. In Finance the plans for the refurbishment or build- most cases the flooding occurred from rivers or ing of new Garda stations in 2007 in the midland watercourses for which the Commissioners of counties of Westmeath, Longford, Offaly and Public Works do not have responsibility and in Laois; and if he will make a statement on the respect of which consequently they have very lim- matter. [4105/07] ited powers. We will therefore be relying on the full co-operation of the Local Authorities and of Minister of State at the Department of Finance local landowners in many cases to implement (Mr. Parlon): During 2007 refurbishment works remedial measures quickly. Where it is not pos- are being carried out at Granard Garda Station, sible to find flood relief measures which are Co. Westmeath and extensions are being added viable other flood protection measures may be to Mullingar Garda Station, Co. Westmeath and considered. With regard to Clonlara, County Banagher Garda Station, Co. Offaly. Site acquis- Clare, I am advised that OPW officials have vis- ition for the extension or provision of new accom- ited the area with a view to identifying a solution modation is being actively pursued for the follow- to the flooding problem, in conjunction with the ing locations Birr, Portlaoise and Athlone. ESB and Waterways Ireland. The provision of Humanitarian Assistance to those affected would Tax Code. be a matter for the Department of Social and 258. Ms Shortall asked the Minister for Finance Family Affairs. if he will confirm the position, in relation to the incurring of stamp duty, of a first-time buyer Departmental Expenditure. unmarried couple who’s relationship breaks down 256. Mr. O’Shea asked the Minister for Finance and are forced to sell their property; the position his proposals to designate moneys seized from if, in the same circumstances, the couple were drug dealers in a particular area to the provision married; the action he is taking to address such of services for persons with drug abuse problems effects on the stamp duty regime; if he will reform in that area; and if he will make a statement on this provision; and if so, the timescale he is work- the matter. [3826/07] ing to. [4217/07] 1771 Questions— 6 February 2007. Written Answers 1772

265. Mr. J. Higgins asked the Minister for Fin- However, individuals aged 65 years or over and ance if, he will extend the provisions in the Taxes individuals who are permanently incapacitated by Consolidation Act 1997, by which a person reason of mental or physical infirmity from main- obliged to leave the family home and buy another taining themselves, can claim a refund from property due to judicial separation or divorce DIRT where the income of the individual may still be regarded as a first time buyer for the (inclusive of the deposit interest) is below the purposes of stamp duty, to unmarried, cohabiting appropriate income exemption limit for tax pur- couples. [3595/07] poses. In the 2007 tax year the exemption limit for a single person aged 65 or over is \19,000 per 274. Mr. Bruton asked the Minister for Finance annum, and in the case of a married couple, the if cohabiting partners who separate obtain con- exemption limit is \38,000 (the equivalent limits cessions to purchase a home following separation for the 2006 tax year were \17,000 single/ \34,000 with the benefit of first time buyer stamp duty married). A partial refund may be due to such relief; and his view on extending a concession to individuals whose income (inclusive of the such persons. [3968/07] deposit interest) does not greatly exceed the appropriate income exemption limit. Minister for Finance (Mr. Cowen): I propose In the recent Budget, I announced changes to to take Questions Nos. 258, 265 and 274 together. the DIRT refund scheme. The rules are being When a particular stamp duty relief for first- changed so that in future interest can be received time purchasers was introduced into the tax code without deduction of DIRT. Qualifying elderly in the Finance (No. 2) Act 2000, the relief was individuals will be able to advise their financial also extended to spouses in certain circumstances, institution of their status and receive interest who, as a result of a judicial separation or div- without DIRT. Further details on the operation orce, left the family home to their other spouse of this scheme will be issued after the Finance Bill and did not have an interest in any other is enacted. property. As unmarried cohabiting couples cannot Decentralisation Programme. benefit from a judicial separation or divorce, the 260. Mr. F. McGrath asked the Minister for existing provisions cannot be extended to include Finance if he will ensure the least disruption to them. As regards introducing a new provision to civil servants who want to remain in Dublin; and allow first-time purchaser status to cohabiting if work locations nearer their geographical areas couples, and indeed married couples, where one will be offered due to traffic and congestion partner leaves the family home outside of the issues. [3390/07] judicial system, I have no plans to introduce such an arrangement. At this point, it would be unwise Minister for Finance (Mr. Cowen): The to change the tax code with regard to cohabiting Government has always said that the Decentralis- couples in advance of developments in other rel- ation Programme is a voluntary one. We are fully evant areas of public policy, for example, in the cognisant of the fact that it fundamentally area of legal recognition of relationships other impacts on the staff in the organisations affected, than married relationships. on their career choices and their expectations. What is required therefore is both a successful Tax Collection. business outcome and an outcome which meets the needs of the staff involved — both those who 259. Mr. Wall asked the Minister for Finance wish to relocate and those opting to remain in if, when a person reaches the age of 65, they are Dublin. To ensure that these needs are fully able to reclaim DIRT tax; and if he will make a addressed, my Department has put in place statement on the matter. [4265/07] detailed arrangements to discuss the full range of staff concerns with staff representatives. The key 269. Mr. Kehoe asked the Minister for Finance forum in this regard is the General Council Sub- the changes made to the taking of DIRT to per- committee on Decentralisation, which meets sons of pension age; and if he will make a state- monthly. ment on the matter. [3641/07] Discussions have concluded under this forum on the arrangements to be put in place for civil Minister for Finance (Mr. Cowen): I propose service general service staff who do not wish to to take Questions Nos. 259 and 269 together. decentralise with their existing or another depart- The Taxes Consolidation Act 1997 provides for ment. Under these arrangements, a facility is the levying of DIRT on certain interest paid or being operated through the Public Appointments credited on deposits held with banks, building Service to allow staff remaining in Dublin to societies and certain other financial institutions express preferences in relation to the organis- including Credit Unions. Subject to certain statu- ations to which they would like to transfer. This tory exceptions, financial institutions are required will be an ongoing process throughout the tran- to deduct the tax from interest paid or credited sition phase of the Programme and progress in in respect of the income on deposit. this priority area is being monitored in co-oper- 1773 Questions— 6 February 2007. Written Answers 1774 ation with Departments and the relevant unions, the EU VAT Directives which replaces and to ensure that they are operating efficiently. repeals the First VAT Directive and the Sixth Staff may apply for specific departments and if VAT Directive. There are no substantive changes they are interested in a working in specific to Irish VAT law arising from the recast of these location, they may apply to move to that location EU VAT Directives, as the objective of the recast after moving to the new department who will deal is to provide a single simplified legislative base. with their application in accordance with that In this regard, I made Regulations last Department’s normal internal procedures. While December entitled “European Communities every effort will be made to facilitate staff in (Value-Added Tax) Regulations 2006” (S.I. No relation to location, issues such as grade, timing 663 of 2006) to provide for the transposition into and business requirements may not always domestic VAT law of Directive 2006/112/EC coincide to allow departments to guarantee that which came into force on 1 January 2007. The staff preferences can be met in all cases. Regulations created the necessary legal mechan- More broadly, the Office of Public Works is ism to update the references to the Sixth responsible for both property procurement and Directive which were used in the domestic law. disposal. The overall objective is to ensure that In the Finance Bill 2007, I published the compre- property being acquired at a regional level is hensive set of details of every reference in the matched as closely as possible, both in time and VAT Act which is affected by the new Directive, in cost terms, by the disposal of property cur- with the appropriate amendments required. rently held in the Dublin region, whether held on These are in Schedule 2 to the Finance Bill as lease or otherwise. No final decisions have been initiated. When the Finance Bill is enacted, it will made yet on the disposal, retention or re-allo- replace and revoke the Regulations in S.I. No 663 cation of office buildings in Dublin, post decen- of 2006. tralisation. The Office of Public Works will bear in mind the particular requirements of Depart- Motor Taxation. ments remaining in Dublin and the need to ensure that all office space remaining in Dublin 263. Mr. F. McGrath asked the Minister for is utilised in the most cost effective manner Finance if special consideration will be given to possible. kit-cars when the revamped VRT system is being created in order to facilitate the charitable and entertainment value of these enthusiasts. Tax Collection. [3504/07] 261. Mr. P. Breen asked the Minister for Fin- ance when a person (details supplied) in County Minister for Finance (Mr. Cowen): Generally, Clare will receive arrears of payment; and if he the amount of VRT to be paid on a kit-car is will make a statement on the matter. [3486/07] determined by the Revenue Commissioners and is comparable to the amount payable in respect Minister for Finance (Mr. Cowen): Iam of a conventional car of the same size and specifi- advised by the Revenue Commissioners that the cation. I understand that a specialist consultant is taxpayer in question held two employments in engaged by the Revenue Commissioners to assist 2006 and that a P60, which should be supplied by in this determination. It is ascertained by refer- her employer, in respect of her current employ- ence to the type of kit used in the manufacture ment is required before any assessment of arrears of the vehicle and the donor vehicle used where can be determined. Her local tax District has no appropriate. The current legislation ensures record of any approach from her, and in the equality of treatment in relation to VRT as absence of information from her P60, they can do between kit-car and conventional cars. nothing to help. As you are aware, I have signalled an intention I am also advised by Revenue that there is no to introduce into the VRT system from 2008 repayment due in respect of years prior to 2006. some mechanism which will take account of the

The taxpayer should contact the Clare District at CO2 emissions of cars. As to whether the position Government Offices, Kilrush Road, Ennis, or of kit-car requires special treatment under the telephone 1890 22 24 25 where any difficulties she new regime, I cannot say at this stage. Those who may have can be resolved. have concerns in this regard should make a sub- mission to my Department as part of the public Tax Code. consultation process announced in the Budget and also advertised on my Departments website 262. Mr. Quinn asked the Minister for Finance and in the national daily newspapers of 15 if consideration has been given to the impact on December 2006. Submissions must be received by domestic law that may arise from the EU consoli- my Department by 1 March 2007. dated VAT directive 2006/112/EC; and if he will make a statement on the matter. [3502/07] Departmental Properties. Minister for Finance (Mr. Cowen): I should 264. Mr. McEntee asked the Minister for Fin- explain that Directive 2006/112/EC is a recast of ance his proposals for the District Veterinary 1775 Questions— 6 February 2007. Written Answers 1776

[Mr. McEntee.] numbers of such mortgages and properties; the Office in Navan, County Meath; if there are average amount of investment relief per property; safety and health concerns regarding the existing the highest and the lowest and the number of building and its overall maintenance; if a new such properties in each county; and if he will temporary premises has been acquired; when will make a statement on the matter. [3611/07] it be occupied; and if he will make a statement on the matter. [3513/07] Minister for Finance (Mr. Cowen): Interest on borrowings is allowable as a deductible expense Minister of State at the Department of Finance in calculating tax on rental income from residen- (Mr. Parlon): The District Veterinary Offices, tial property. Figures of loan interest allowable along with the other services currently provided on borrowings taken out for investment in house from the Government Offices, Kells Road, Navan property are not separately identified in tax are to be relocated to new offices at Kilcairn, statistics, and it is not therefore possible for the Navan. The fit-out of the new offices is expected Revenue Commissioners to provide the infor- to commence shortly. mation requested by the Deputy in relation to The Commissioners of Public Works have interest relief granted to the landlords of rented arrangements in place to immediately lease alter- residential property, the mortgages or the proper- native space for the temporary use of the Depart- ties involved. ment of Agriculture & Food, pending delivery of the new offices and in the event that the Depart- Question No. 269 answered with Question ment considers that a portion of the existing No. 259. Navan Offices should be vacated on health & safety grounds. Departmental Properties.

Question No. 265 answered with Question 270. Mr. Stagg asked the Minister for Finance No. 258. when a response will issue in relation to corre- spondence (details supplied). [3663/07] 266. Mr. Naughten asked the Minister for Fin- Minister of State at the Department of Finance ance when the Office of Public Works will seek (Mr. Parlon): As set out in my reply to alternative accommodation for the driving test Parliamentary Question No. 240 of 4th April 2006 centre in Roscommon town; and if he will make and my subsequent reply of the 14th June 2006 a statement on the matter. [3597/07] to further representations on this matter; the Minister of State at the Department of Finance northern boundary of the Maynooth Castle site (Mr. Parlon): The Driving Test Centre will con- already has a significant number of mature trees tinue to operate from the State owned site at Cir- and there are no plans to add further trees at this cular Road, Roscommon. time. Any additional tree in this area would have a detrimental effect on the underlying archaeol- ogical deposits and could undermine the stone Departmental Funding. retaining wall to the stream. 267. Ms Shortall asked the Minister for Finance I have requested a copy of the report of the his plans to install changing facilities with toilets archaeological excavation undertaken at the site at the camogie pitches in Phoenix Park which are from the Archaeological Archive Unity to the presently used by over two hundred people; and Department of Environment, Heritage and Local if he will make a statement on the matter. Government and will forward this to the Deputy [3607/07] as soon as it comes to hand. There are no plans for any additional archaeological excavations. Minister of State at the Department of Finance The stone paving on the steps deliberately con- (Mr. Parlon): The Commissioners of Public trasts with the castle to highlight the fact that they Works have given agreement in principle to the are a modern intervention. St. Oliver Plunkett, Eoghan Ruadh GAA Club, to replace the existing Camogie Pavilion in the Question No. 271 answered with Question Phoenix Park. It is understood that the Club are No. 253. submitting a Planning Application for this pro- posal to Dublin City Council and that the new Dormant Accounts Fund. building will serve both the Camogie Board and Eoghan Ruadh GAA Club and incorporate 272. Mr. O’Shea asked the Minister for Fin- changing and toilet facilities. ance the amount of money from dormant accounts that has been paid over to his Depart- ment from financial institutions in the south east Tax Code. region; and if he will make a statement on the 268. Ms Burton asked the Minister for Finance matter. [3824/07] the amount of interest relief granted in relation to interest relief on investment properties let for Minister for Finance (Mr. Cowen): Under the residential purposes; the breakdown of the Dormant Accounts Act 2001 and the Unclaimed 1777 Questions— 6 February 2007. Written Answers 1778

Life Assurance Policies Act 2003, credit insti- Tax Collection. tutions and insurance undertakings are required, 275. Mr. Carey asked the Minister for Finance each April, to transfer to the National Treasury when a tax rebate, in respect of relief on rent, will Management Agency, all monies falling dormant be granted to a person (details supplied) in in the previous year. Each credit institution and Dublin 11; and if he will make a statement on the insurance undertaking is also required under the matter. [3969/07] legislation to keep a register of their dormant accounts or policies. However, there is no legal Minister for Finance (Mr. Cowen): Iam requirement or business reason for them to com- advised by the Revenue Commissioners that the pile a breakdown based on the region in which person’s claim was received by them on 5 the credit institutions are based. The information December 2006. The claim has now been pro- requested by the Deputy is not, therefore, cessed and a cheque for the refund due will available. issue shortly.

Departmental Expenditure. 276. Mr. Crowe asked the Minister for Finance the number, in relation to rent relief for individ- 273. Mr. Quinn asked the Minister for Finance uals in respect of rent paid by people living at the cost of launching the National Development home, as under Section 473 of the Taxes Consoli- Plan 2007 to 2013 on 23 January 2007, including dation Act 1997, of applications that have been the cost of producing multimedia resources such received; the number that have been turned down as CDs and DVDs, the cost of rental and oper- per year per county; the grounds for refusing such ation of audio-visual equipment, the cost of claims; the evidence the applicant needs to design, production and printing of the document produce to satisfy the authorities in order to and supporting documentation used at the receive this rent relief; and if there has been a launch, the cost of event management for the more stringent criteria introduced since launch, and the cost of public relations consulting September 2006. [3998/07] for the launch; and if he will make a statement on the matter. [3831/07] 277. Mr. Crowe asked the Minister for Finance the number of claims in relation to rent relief for Minister for Finance (Mr. Cowen): The individuals in respect of rent paid by people living National Development Plan (NDP) 2007-2013 at home, as under Section 473 of the Taxes Con- was launched by the Government on the 23rd of solidation Act 1997, that have not been substan- January, 2007 in Dublin Castle. At the present tiated that led to the change in criteria in time not all of the invoices for the various September 2006; his views on whether this recent services related to the production of the docu- move undermines the public campaign in relation ment and for the launch have been received. to take up of reliefs such as this; and the amount However, it is estimated that the total cost of the paid per year under this rent relief scheme.. production of the NDP document and of the [3999/07] launch was some \340,000. If there is any signifi- cant difference from this estimate when all Minister for Finance (Mr. Cowen): I propose invoices are received, I will communicate this to take Questions Nos. 276 and 277 together. directly to the Deputy. Section 473 of the Taxes Consolidation Act The cost of the production, printing and trans- 1997 allows income tax relief at the standard rate lation of the NDP document was some \265,000. for rent paid in respect of a residential premises The residual cost of some \75,000 includes costs held under a tenancy. Different ceilings apply depending on the marital status and age of the associated with the production of a multimedia claimant. resource for use at the launch, development of The relief applies where there is a payment in the NDP 2007-2013 logo, design and construction the nature of rent made in return for the special of backdrops, screen and lighting, photographic possession of, or for the use, occupation or enjoy- services, the hiring of an Audio-Visual technician ment of the residential premises (which can and equipment for the launch and catering for include part of a building used or suitable for use the event. as a dwelling). Rent for purposes of section 473 Finally, there were no costs associated with does not include payment for goods or services event management or public relations for the (for example, meals, contribution to utility bills launch as the launch was managed by staff of the or laundry services), or indeed payment for any Department of Finance with the assistance of benefit other than the bare right to use, occupy staff of the Department of the Taoiseach, the and enjoy the residential premises. Department of Foreign Affairs and the Office of I am advised by the Revenue Commissioners Public Works. that they do not have details of the number of section 473 claims made by persons living in the Question No. 274 answered with Question family home, or the number of such claims that No. 258. have been refused. I am advised that the Revenue 1779 Questions— 6 February 2007. Written Answers 1780

[Mr. Cowen.] received is from connected persons who in turn Commissioners have increased their level of are claiming rent relief.. [4000/07] checking of such claims in recent months to ensure that the conditions of the relief are being Minister for Finance (Mr. Cowen): The ‘Rent- complied with. I understand that their main con- a-Room’ scheme affords relief from income tax cern is to ensure that relief is not claimed for con- in respect of gross receipts of up to \7,620 per tributions to household expenses and that there is annum from the letting by an individual of a a bona fide tenancy agreement in existence under room or rooms in the individual’s sole or main which rent is paid. I am advised that where claims residence. I announced in Budget 2007 that, from have been questioned by Revenue, the nature of 1 January 2007, I intended to close off use of the the additional evidence required to validate the scheme in the way described by the Deputy. claim will have been set out in Revenue’s letter Accordingly, the Finance Bill 2007 provides to the claimant. that the Rent-a-Room scheme exemption will not I do not see that the checking of claims in these apply where the income in question is received particular circumstances in any way undermines by a person from their adult child. The measure the wider public campaign of encouraging tax- will apply regardless of whether the child is claim- payers to claim their entitlements. The Revenue ing rent relief. Commissioners have a duty to ensure that claims Official Travel. are genuine and in accordance with the legis- lation. The number of section 473 claims made in 279. Mr. Cuffe asked the Minister for Finance 2003, the latest year for which statistics are avail- the distance he travelled with a view to determin- able, was 102,380 at an Exchequer cost of \28.1 ing his carbon footprint, by air using commercial million. airlines, in the last year for which figures are available; and if he will make a statement on the Tax Code. matter. [4024/07] 278. Mr. Crowe asked the Minister for Finance Minister for Finance (Mr. Cowen): I made if he will confirm that since 1 January 2007 indi- three official trips by commercial airline during viduals have been precluded from the entitlement 2006. Details of these are set out in the follow- of the rent a room scheme where the rent ing table.

Date of outward Date of Return Route Travelled Destination Journey Journey

10/03/2006 21/03/2006 Dublin — London Heathrow — Hong Kong — Australia Sydney — Hong Kong — London Heathrow — Dublin 30/05/2006 31/05/2006 Dublin — Knock — Dublin Knock 09/10/2006 Dublin — London City — Luxembourg ECOFIN Meeting in Brussels

Tax Code. VAT is applied to admission fees. In this regard, the current exemption is already very generous 280. Mr. McHugh asked the Minister for Fin- covering a broad range of actives accessible to the ance if he will introduce a provision exempting wider public. non-profit making cultural organisations from In addition, one of the basic tenets of EU VAT VAT on fees to international artists; and if he will make a statement on the matter. [4179/07] law relates to the proper functioning of the internal market. This means that it is not possible Minister for Finance (Mr. Cowen): I should to use VAT law to favour artists not resident in explain that not-for-profit organisations are this state over artists that are resident in the state. exempt from VAT under the EU VAT Directive In relation to providing a VAT exemption for with which Irish law must comply. This means performance fees charged by musical or theatrical that non-profit making organisations do not performers to not-for-profit arts organisations, charge VAT on their services and cannot recover the position is that the VAT treatment of a part- VAT on goods and services which they purchase. icular good or service is determined by the nature Essentially only VAT registered businesses which of the good or service, and not by the status of charge VAT are able to recover VAT. the customer. There is no provision in European The VAT Act lists a range of activities that are VAT law that would allow for an exemption from exempt from VAT. Included in this list is the pro- VAT on supplies by non-resident artists when motion of and admissions to live theatrical or they perform for not-for-profit cultural organis- musical performances. This very broad exemp- ations as such an exemption would have to apply tion is allowed under Article 132 of the EU VAT to all such performers. It is estimated that this Directive. In effect, this means that the promoter would cost in excess of \20 million. All perform- realises the full value of admission fees as no 1781 Questions— 6 February 2007. Written Answers 1782 ance fees are therefore liable to VAT at the stan- Minister for Finance (Mr. Cowen): The follow- dard rate of 21 per cent. ing table sets out details of contracts awarded by my Department to the company, referred to in Consultancy Contracts. the Deputy’s question, for the period 2000 to 281. Mr. F. McGrath asked the Minister for 2006. All of these contracts were properly adver- Finance the contracts won by a company (details tised and awarded in a transparent manner. I supplied) for his Department and bodies under have asked the relevant bodies under my Depart- the aegis of his Department since 2000; the value ment for details of any contracts awarded to this of these contracts; and if these contracts were company during the period 2000 to 2006, and on properly advertised in a transparent way. receipt of completed returns, I will forward any [4548/07] additional information received to the Deputy.

Nature of Contract Year Contract Awarded Value of Contract

Public Transport Evaluation 2001 \80,562 (before VAT) Review of Certain Property-based Tax Incentives 2005 \224,004 (before VAT) Tax Incentives for Nursing Homes 2005 \35,200 (before VAT)

shall be made to ensure that any defect or suffer- Animal Welfare. ing discovered is eliminated as quickly as possible. 282. Mr. McHugh asked the Minister for Inspections of registered user establishments Health and Children the controls in place and the are carried out in accordance with Section 10 of inspections carried out to ensure the well-being the Act. The Act provides for all registered estab- of animals in laboratories; and if she will make a lishments to be visited from time to time by statement on the matter. [3425/07] inspectors for the purpose of securing compliance with the provisions of the Act. Veterinary staff of Minister for Health and Children (Ms Harney): the Department of Agriculture and Food act as The use of live animals in scientific research and inspectors. Officials of my Department do not other experimental activity is strictly controlled carry out these inspections. in accordance with the Cruelty to Animals Act 1876, as amended by the European Communities (Amendment of Cruelty to Animals Act, 1876) Departmental Funding. Regulations 2002 and 2005. Under the Act, 283. Aengus O´ Snodaigh asked the Minister experiments on live animals can only be perfor- for Health and Children the status of the recom- med by persons licensed by the Authority mendations in the 1997 Report of the Task Force (Minister for Health and Children) and in prem- on Violence Against Women, specifically in ises registered by the Authority for that purpose. relation to the National Help Line; if it is receiv- Each licence applicant must satisfy the Authority ing and will continue to receive guaranteed multi- that they have the appropriate education and annual funding; if it is able to operate on a 24 training (including instruction in a relevant scien- hour basis, seven days a week; if it has been or tific discipline) for the task; are competent to per- will be able to develop a computerised bed form the task in accordance with the conditions bureau in conjunction with the National Feder- specified in the licence; and have the appropriate ation of Refuges and other homeless services; if it competence to handle and take care of the exper- has been possible to set up one stop information imental animals specified in the application. centres in each local area; and if she will make a Section 5 of the Act deals with the ‘General statement on the matter. [3507/07] requirements about care and accommodation of experimental animals’ and provides that: — all Minister of State at the Department of Health experimental animals shall be provided with and Children (Mr. S. Power): The Deputy’s ques- housing, an environment, at least some freedom tion relates to the management and delivery of of movement, food water and care that are appro- health and personal social services, which are the priate to their health and well being; any restric- responsibility of the Health Service Executive tion on the extent to which an experimental ani- under the Health Act 2004. Accordingly, my mal can satisfy its physiological and ethological Department has requested the Parliamentary needs shall be limited to the absolute minimum; Affairs Division of the Executive to arrange to the environmental conditions in which exper- have this matter investigated and to have a reply imental animals are bred, kept or housed shall be issued directly to the Deputy. checked daily; the well-being and state of health However, I am in a position to inform the of experimental animals shall be observed by a Deputy that in relation to Women’s Aid specifi- veterinary surgeon or other suitably qualified cally, this organisation is grant aided to the person in order to prevent pain or avoidable suf- amount of \636,240 per annum by the HSE. The fering, distress or lasting harm; arrangements HSE recently agreed to increase this funding by 1783 Questions— 6 February 2007. Written Answers 1784

[Mr. S. Power.] whether this person is not currently in a facility \69,700 per annum to support the expansion of which suits their needs; and if she will make a their national helpline and I understand a pay- statement on the matter. [3417/07] ment for this amount was issued in the week ended 21st January, 2007. Minister for Health and Children (Ms Harney): Operational responsibility for the management Health Services. and delivery of health and personal social services was assigned to the Health Service Executive 284. Mr. F. McGrath asked the Minister for Health and Children if assistance will be given to under the Health Act 2004. Therefore, the Execu- a person (details supplied) in Dublin 3 in relation tive is the appropriate body to provide the infor- to their benefits and allowances. [3800/07] mation requested by the Deputy. My Department has requested the Parliamentary Affairs Division Minister of State at the Department of Health of the Executive to arrange to have the matter and Children (Mr. T. O’Malley): The Deputy’s investigated and to have a reply issued directly to question relates to the management and delivery the Deputy. of health and personal social services, which are the responsibility of the Health Service Executive Housing Aid for the Elderly. under the Health Act 2004. Accordingly, my 288. Mr. Kehoe asked the Minister for Health Department has requested the Parliamentary and Children the delay in processing the appli- Affairs Division of the Executive to arrange to cation for the installation of a shower for a person have this matter investigated and to have a reply (details supplied) in County Wexford; the efforts issued directly to the Deputy. being made to make a decision and have the works carried out; and if she will make a state- 285. Mr. N. O’Keeffe asked the Minister for ment on the matter. [3418/07] Health and Children if she will assist persons (details supplied) in County Cork who require Minister of State at the Department of Health orthodontic treatment and have been refused. [3385/07] and Children (Mr. S. Power): Operational responsibility for the management and delivery of Minister for Health and Children (Ms Harney): health and personal social services was assigned The Deputy’s question relates to the manage- to the Health Service Executive (HSE) under the ment and delivery of health and personal social Health Act 2004 and funding for all health services, which are the responsibility of the services has been provided as part of its overall Health Service Executive under the Health Act vote. The HSE’s responsibility includes the oper- 2004. Accordingly, my Department has requested ation of the Housing Aid Scheme for the Elderly, the Parliamentary Affairs Division of the Execu- on behalf of the Department of Environment, tive to arrange to have this matter investigated Heritage and Local Government. Therefore, the and to have a reply issued directly to the Deputy. Executive is the appropriate body to consider the particular case raised by the Deputy. My Depart- Home Help Service. ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the 286. Mr. P. Breen asked the Minister for matter investigated and to have a reply issued Health and Children when a person (details directly to the Deputy. supplied) in County Clare will be facilitated with home help; and if she will make a statement on the matter. [3406/07] Mental Health Services. 289. Mr. Sargent asked the Minister for Health Minister of State at the Department of Health and Children the services in place to treat mul- and Children (Mr. S. Power): Operational tiple personality disorder. [3420/07] responsibility for the management and delivery of health and personal social services was assigned Minister of State at the Department of Health to the Health Service Executive under the Health and Children (Mr. T. O’Malley): Operational Act 2004. Therefore, the Executive is the appro- responsibility for the management and delivery of priate body to consider the particular case raised health and personal social services was assigned by the Deputy. My Department has requested the to the Health Service Executive under the Health Parliamentary Affairs Division of the Executive Act 2004 and funding for all health services has to arrange to have the matter investigated and to been provided as part of its overall vote. The have a reply issued directly to the Deputy. Executive is, therefore, the appropriate body to consider the particular matter raised by the Health Services. Deputy. My Department has requested the 287. Dr. Cowley asked the Minister for Health Parliamentary Affairs Division of the Executive and Children if a person (details supplied) in to arrange to have the matter investigated and to County Mayo will be transferred; her views on have a reply issued directly to the Deputy. 1785 Questions— 6 February 2007. Written Answers 1786

Health Services. and supply of drugs and medicines to the health services and the GMS and community drugs 290. Mr. Sargent asked the Minister for Health schemes, consistent with patient safety and conti- and Children the progress that has been made in nuity of supply. This process was agreed by the the lifetime of this Government in establishing Cabinet Committee on Health. A joint adequate cystic fibrosis services. [3421/07] HSE/Department of Health and Children nego- Minister for Health and Children (Ms Harney): tiating team was put in place to advance this The need to develop services for persons with process. cystic fibrosis is widely acknowledged and was In mid-2006, the negotiating team reached identified most notably by the Pollock Report, agreement with the Irish Pharmaceutical commissioned by the Cystic Fibrosis Association Healthcare Association (IPHA) and the Associ- of Ireland, and the Health Service Executive ation of Pharmaceutical Manufacturers in Ireland Working Group which has conducted a detailed (APMI). Discussions then began with the whole- review of cystic fibrosis services. saler representative body, the Pharmaceutical I have identified the enhancement of services Distributors’ Federation (PDF), as part of the for people with cystic fibrosis as a key priority in agreed process on supply to community pharmac- 2006 and again in 2007. Development funding of ies and the health services. However, PDF \4.78 million was provided to the Health Service advised the State that a legal issue precluded it Executive in 2006 to facilitate the recruitment of from negotiating a new margin for distribution to additional medical, nursing and allied health pro- community pharmacies. The negotiating team fessional staff to improve services for cystic then obtained legal advice, which subsequent fibrosis patients. Additional funding of \2 million legal advice to the Department confirmed, that has been allocated this year to build on the this issue also had implications for negotiations investment provided in 2006. with community pharmacists. The position is as follows. Section 4(1) of the Health Repayment Scheme. Competition Act, 2002 prohibits all agreements between undertakings, decisions by associations 291. Mr. Penrose asked the Minister for Health of undertakings and concerted practices which and Children further to the health repayment have as their object or effect the restriction or scheme in respect of elderly persons who were distortion of competition, including agreements wrongly charged, when a person (details to fix prices, unless the agreement, decision or supplied) in County Westmeath will have their concerted practice meets certain conditions. application for same processed; and if she will Those conditions are not met in this case. make a statement on the matter. [3448/07] Wholesalers and pharmacy contractors are undertakings. PDF and the IPU are associations Minister for Health and Children (Ms Harney): of undertakings under Section 4(1) of the Act. The Health Service Executive has responsibility The coming together of wholesalers under PDF for administering the Repayment Scheme and the or pharmacy contractors under the IPU to nego- information sought by the Deputy relates to tiate prices would be a breach of Section 4(1). matters within the area of responsibility of the Entering into an agreement, making a decision or Executive. being involved in a concerted practice in contra- My Department has requested the Parliamen- vention of Section 4(1) is a criminal offence and tary Affairs Division of the Executive to arrange would expose those parties, their directors, man- to have the matter investigated and to have a agers and officers to the risk of criminal reply issued to the Deputy. prosecution. In light of the above, it is not possible for the Pharmaceutical Services. HSE to engage in negotiations with PDF or the 292. Dr. Cowley asked the Minister for Health IPU in relation to fees or margins. The HSE has and Children if she will resolve the difficulties written to all community pharmacy contractors, which exist between the Irish Pharmaceutical setting out the position in relation to these issues Union and her Department in view of the pro- in detail. posals to establish a group with representatives The negotiating team is now examining how from both sides to explore whether it would be best to address this issue for pharmacy contractor possible to agree a process which is fair, reason- services. However, negotiations must comply with able and acceptable to all parties; her views on the law. To this end, the team has engaged with whether a resolution between the two groups has the IPU, has set out the legal position and clari- to be reached; and if she will make a statement fied the situation in relation to contract nego- on the matter. [3453/07] tiations. The team is currently considering, in the context of the legal position, proposals from the Minister for Health and Children (Ms Harney): IPU with a view to agreeing a process for contract In 2005, a process was begun to examine all review that would comply fully with competition aspects of the drugs supply chain, with a view to law. It is hoped that this ongoing dialogue will achieving greater value for money in the pricing allow this matter to be resolved. 1787 Questions— 6 February 2007. Written Answers 1788

[Ms Harney.] repayment, should be referred to the Scheme With regard to IPU representation of pharma- Administrator. Complainants are also requested cists, both my Department and the HSE recog- to contact the Scheme Administrator for details nise the IPU as the collective representative body concerning the anticipated date of repayment. for its members. There is, and will continue to be, In addition, the HSE has put arrangements in ongoing dialogue with the IPU, within the con- place whereby it can make applications on behalf straints of the legal advice provided. I wish to see of living persons in long stay institutions where that dialogue continuing in a constructive there is no other connected person to make an manner. application and where the applicants are unable to apply themselves due to ill health, or mental Health Repayment Scheme. or physical disability. The HSE has advised that offers of repayment 293. Mr. Broughan asked the Minister for commenced in November 2006 and that the first Health and Children if she will report on the payments have already issued with further pay- operation of the repayment of nursing home fees; ments continuing on an ongoing basis. The HSE the reason no timeframe was established with a has indicated that over \17 million has been company (details supplied) to keep all recipients repaid to date and that the average repayment is informed as to when they could expect payment; approximately \21,000. It is expected that the if she has instigated a review of the operation of bulk of payments to estates will commence in the the scheme; if she has received many complaints Spring. Provision has been made for applications from recipients regarding late payment; and if she to be received up to 1 January 2008. It is antici- will make a statement on the matter. [3469/07] pated that final repayments will be made by mid 2008. Minister for Health and Children (Ms Harney): No deadline has been established for when The Health (Repayment Scheme) Act 2006 pro- claims received will be repaid due to the fact that vides a clear legal framework to repay recover- some applications will take longer to process able health charges for publicly funded long term depending on the complexity of the application residential care. All those fully eligible persons and the accuracy and detail of records which are who were wrongly charged and are alive will have available. However, a dedicated website their charges repaid in full. The estates of all (www.repay.ie), an information phone line (1890 those fully eligible persons who were wrongly 886 886) and an e-mail facility ([email protected]) charged for publicly funded long term residential have been established by the Scheme Adminis- care and died since 9 December 1998 will have trator to assist the public in accessing claim forms the charges repaid in full. The scheme does not and general information on the scheme. The allow for repayments to the estates of those who information line operates between the hours of died prior to that date. 8.00 am and 9.00 p.m. from Monday to Saturday. Recoverable health charges are charges which A national oversight committee was appointed were imposed on persons with full eligibility in August 2005 to provide an independent input under the Health (Charges for In-patient into the design of the scheme and continues to Services) Regulations 1976 as amended in 1987 monitor the operation of the scheme in order to or charges for in-patient services only, raised ensure that it is being implemented quickly and under the Institutional Assistance Regulations in the most equitable and effective way possible. 1954 as amended in 1965. The committee is representative of service users, The repayment scheme was launched publicly including Age Action Ireland and the Irish Senior by the Health Service Executive (HSE) and the Citizens Parliament. The committee is fully Scheme Administrator KPMG/McCann briefed on all aspects of the scheme and has pro- Fitzgerald in August 2006. The Scheme Adminis- vided valuable input into the process to date. trator has commenced scanning the records of Officials from my Department liaise with the long stay facilities around the country and to date HSE on an ongoing basis to monitor the imple- 167 locations have been visited for this purpose. mentation of the Health (Repayment Scheme) In relation to dates of repayments to appli- Act, 2006. cants, the HSE has informed the Department that over 24,000 forms have been submitted to the Nursing Home Subventions. Scheme Administrator applying for repayments and these applications are being processed at 294. Mr. Lowry asked the Minister for Health present. The timeframe for repayment is predi- and Children when she will bring forward legis- cated primarily on whether the applicant is alive lation on her proposed changes to the nursing or whether the application is being made by the home subvention scheme; and if she will make a estate of a deceased person. Living people who statement on the matter. [3476/07] were wrongly charged will be prioritised to receive repayments. It is estimated that there are Minister of State at the Department of Health now in the region of 14,000 people within this cat- and Children (Mr. S. Power): The start date for egory. Queries in relation to individual appli- the new nursing home support scheme — A Fair cations, including details on the timeframe for a Deal — is 1 January, 2008. This is because 1789 Questions— 6 February 2007. Written Answers 1790 primary legislation must be passed in order for health and personal social services was assigned the scheme to commence. The Department is cur- to the Health Service Executive (HSE) under the rently working on preparing the Heads of the Health Act 2004 and funding for all health Bill. services has been provided as part of its overall Some of the benefits and key commitments to vote. The HSE’s responsibility includes the oper- individuals as part of A Fair Deal will be: Nursing ation of the Housing Aid Scheme for the Elderly, home care will now be affordable to every person on behalf of the Department of Environment, and fair to all; for those currently in private care, Heritage and Local Government. Therefore, the their costs will be reduced significantly; individ- Executive is the appropriate body to consider the uals will be asked to make a contribution towards particular case raised by the Deputy. My Depart- the cost of care, limited by the cost of care; the ment has requested the Parliamentary Affairs basis for contributions will be fair, based on each Division of the Executive to arrange to have the person’s means and assets; contributions during a matter investigated and to have a reply issued person’s lifetime will be less than their disposable directly to the Deputy. income; care recipients will not have to sell or mortgage their house to meet the contribution; a Health Service Allowances. spouse or dependent child will not have to sell or mortgage the house to meet the contribution; the 297. Mr. P. Breen asked the Minister for deferred contribution from the principal private Health and Children the reason a person (details residence will be capped at a maximum of 15%; supplied) in County Clare has been refused the I would also like to inform the Deputy that under domiciliary allowance; and if she will make a the new scheme the State will continue to fund statement on the matter. [3479/07] the largest part of care costs overall. Minister of State at the Department of Health and Children (Mr. T. O’Malley): The Deputy’s General Medical Services Scheme. question relates to the management and delivery 295. Mr. Lowry asked the Minister for Health of health and personal social services, which are and Children if a prescription drug (details the responsibility of the Health Service Executive supplied) will be included in the GMS scheme under the Health Act 2004. Accordingly, my and drug payment scheme; the reason it was Department has requested the Parliamentary excluded to date; and if she will make a statement Affairs Division of the Executive to arrange to on the matter. [3477/07] have this matter investigated and to have a reply issued directly to the Deputy. Minister for Health and Children (Ms Harney): There is a common list of reimbursable medicines Medical Aids and Appliances. for the General Medical Services and Drug Pay- 298. Mr. McGuinness asked the Minister for ment schemes. This list is reviewed and amended Health and Children the reason for the delay in monthly, as new products become available and providing a new wheelchair for a person (details deletions are notified. For an item to be included supplied) in County Kilkenny; and if she will on the list, it must comply with published criteria, expedite the matter. [3480/07] including authorisation status as appropriate, price and, in certain cases the intended use of the Minister of State at the Department of Health product. In addition, the product should ordi- and Children (Mr. T. O’Malley): The Deputy’s narily be supplied to the public only by medical question relates to the management and delivery prescription and should not be advertised or pro- of health and personal social services, which are moted to the public. the responsibility of the Health Service Executive Any application by a supplier to have Pletal under the Health Act 2004. Accordingly, my included on the common list will be considered Department has requested the Parliamentary in the usual way. People who experience undue Affairs Division of the Executive to arrange to financial hardship in obtaining any particular have this matter investigated and to have a reply product should contact the local area office of the issued directly to the Deputy. Health Service Executive. Health Services. Housing Aid for the Elderly. 299. Mr. McGuinness asked the Minister for 296. Mr. P. Breen asked the Minister for Health and Children if respite and palliative care Health and Children the status of an application will be provided for a person (details supplied) in for a person (details supplied) in County Clare; County Tipperary; and if she will make a state- and if she will make a statement on the ment on the matter. [3483/07] matter. [3478/07] Minister of State at the Department of Health Minister of State at the Department of Health and Children (Mr. S. Power): Operational and Children (Mr. S. Power): Operational responsibility for the management and delivery of responsibility for the management and delivery of health and personal social services was assigned 1791 Questions— 6 February 2007. Written Answers 1792

[Mr. S. Power.] The Deputy may wish to note that approval for to the Health Service Executive (HSE) under the the erection of a mobile phone mast in a part- Health Act 2004. The HSE is therefore the icular area is a matter for the local planning auth- appropriate body to address the issue raised by ority. Guidelines for Planning Authorities in the Deputy. It is open to the person concerned to relation to Telecommunications Antennae and contact the HSE to discuss a care plan which Support Structures are a matter for my colleague meets the needs of the patient, having due regard the Minister for the Environment, Heritage and to the optimum location for treatment. Local Government. Research is ongoing in relation to this issue and my Department will con- National Treatment Purchase Fund. tinue to monitor developments concerning the possible health effects of exposure to electromag- 300. Mr. McGuinness asked the Minister for netic fields. Health and Children if it is a fact that there is no surgeon available to see and treat a person Health Repayment Scheme. (details supplied) in County Kilkenny at the Mater Private Hospital in view of the fact that 302. Mr. Neville asked the Minister for Health they were referred to the hospital under the and Children the position regarding payment National Treatment Purchase Fund; the reason under the National Repayment Scheme in respect their case was not dealt with by Waterford of a person (details supplied) in County Regional Hospital in view of the fact that their Limerick. [3505/07] general practitioner referred them in March 2004; if their case will be given priority; and if she will Minister for Health and Children (Ms Harney): make a statement on the matter. [3484/07] The Health Service Executive has responsibility for administering the Repayment Scheme and the Minister for Health and Children (Ms Harney): information sought by the Deputy relates to I understand that the person in question was matters within the area of responsibility of the referred in November 2006 to the Mater Private Executive. Hospital for an out-patient appointment by the My Department has requested the Parliamen- National Treatment Purchase Fund (NTPF). I am tary Affairs Division of the Executive to arrange advised by the NTPF that the person will be con- to have the matter investigated and to have a tacted shortly by the Mater Private Hospital with reply issued to the Deputy. a date for an out-patient appointment. Nursing Home Services. Telecommunications Masts. 303. Mr. P. Breen asked the Minister for 301. Mr. F. McGrath asked the Minister for Health and Children when a person (details Health and Children if there are health and safety supplied) in County Clare will be facilitated with concerns regarding phone masts near residential a bed in a nursing home; and if she will make a and school areas. [3503/07] statement on the matter. [3506/07]

Minister for Health and Children (Ms Harney): Minister of State at the Department of Health The consensus of scientific opinion to date and Children (Mr. S. Power): Operational regarding possible adverse health effects from responsibility for the management and delivery of electromagnetic fields (EMF) exposure from health and personal social services was assigned mobile phone masts is that there is no evidence to the Health Service Executive under the Health of a causal relationship between such exposure Act 2004. Therefore, the Executive is the appro- and ill health. The World Health Organisation priate body to consider the particular case raised (WHO) has assessed the many reviews carried by the Deputy. My Department has requested the out in this area and has indicated that exposures Parliamentary Affairs Division of the Executive below the limits recommended by the Inter- to arrange to have the matter investigated and to have a reply issued directly to the Deputy. national Commission on Non-Ionising Radiation Protection (ICNIRP) in their 1998 Guidelines do not produce any known adverse health effects. Hospital Accommodation. These guidelines are based on a careful analysis 304. Mr. McEntee asked the Minister for of all peer-reviewed scientific literature and Health and Children the number of operations include thermal and non-thermal effects. that where cancelled in hospitals here due to a In 1999, the European Community introduced shortage of hospital beds in 2006; and if she will recommendations on the limitation of exposure make a statement on the matter. [3519/07] of the general public to electromagnetic fields, based on the ICNIRP guidelines. Ireland com- Minister for Health and Children (Ms Harney): plies with these recommendations. The Com- Operational responsibility for the management mission for Communication Regulations and delivery of health and personal social services (ComReg) monitors compliance with regard to is a matter for the Health Service Executive and telecommunication masts. funding for all health services has been provided 1793 Questions— 6 February 2007. Written Answers 1794 as part of its overall Vote. Therefore, the Execu- Care of the Elderly. tive is the appropriate body to consider the part- 306. Mr. Allen asked the Minister for Health icular issue raised by the Deputy. My Department and Children the reason the Health Service has requested the Parliamentary Affairs Division Executive southern area have withdrawn the pro- of the Executive to arrange to have the matter vision of elastic stockings to elderly people who investigated and to have a reply issued directly to are medical card holders. [3533/07] the Deputy. Minister for Health and Children (Ms Harney): Mental Health Services. The Deputy’s question relates to the manage- 305. Mr. F. McGrath asked the Minister for ment and delivery of health and personal services, Health and Children if she will support the estab- which are the responsibility of the Health Service lishment of the National Mental Health Director- Executive under the Health Act 2004. Accord- ate, the formation of the mental health catchment ingly, my Department has asked the Parliamen- areas as outlined in a Vision for Change, the for- tary Affairs Division of the Executive to have this mation of the mental health catchment manage- matter investigated and to have a reply issued ment teams, concrete moves toward the recruit- directly to the Deputy. ment of sufficient numbers of qualified healthcare personnel and training to enable full Asylum Support Services. resourcing of community mental health teams. 307. Caoimhghı´nO´ Caola´in asked the Minister [3529/07] for Health and Children if she has received the report by the Irish Refugee Council titled Making Minister of State at the Department of Health Separated Children Visible; her views on the and Children (Mr. T. O’Malley): The Report of report; and her plans to act upon its recom- the Expert Group on Mental Health Policy, “A mendations that relate to her Department, Vision for Change”, was launched in January specifically in regard to amending the Child Care 2006. It provides a framework for action to Act 1991 to specify the role and duties of the develop a modern, high quality mental health Health Service Executive in relation to separated service over the next seven to ten years. The children, and to ensuring that the HSE is properly Government has accepted the Report as the basis resourced to provide a quality service of care for for the future development of our mental health separated children. [3596/07] services. \ In 2006, a sum of 26.2 million was allocated Minister of State at the Department of Health for the development of mental health services in and Children (Mr. B. Lenihan): My Office has line with “A Vision for Change”. A further sum \ received a copy of the report referred to by the of 25 million has been allocated in 2007 to con- Deputy and is considering its recommendations. tinue this development. Implementation of the As the Deputy may be aware the HSE undertook individual recommendations of “A Vision for a review of services provided by the HSE to sep- Change”, is a matter primarily for the HSE. In arated children seeking asylum in 2005. A group July 2006, the HSE established an implemen- representative of the key agencies including the tation group to ensure that mental health services HSE, the Office of the Minister for Children and develop in a synchronised and consistent manner the Irish Naturalisation and Immigration Service across the country and to guide and resource (ORAC, RIA, RAT and Asylum Policy Division, service managers and clinicians in making the GNIB and the Garda Missing Persons Bureau) recommendations in “A Vision for Change” a was set up in 2006 and is considering this report reality. The HSE has also informed my Depart- and its implementation. Many of the recom- ment that it is currently examining how best to mendations of this report are also reflected in the give effect to the recommendation, contained in Report of the Irish Refugee Council referred to A Vision for Change, to establish a National by the Deputy. This Group are continuing in their Mental Health Service Directorate. Proposals are work and are keeping me up to date on progress being developed which will take account of the in this area. HSE’s existing management structures and the existence of the Expert Advisory Group on Men- tal Health. Housing Aid for the Elderly. Operational responsibility for the management 308. Mr. Kehoe asked the Minister for Health and delivery of health and personal social services and Children if there are circumstances in which was assigned to the Health Service Executive a person who is not of pension age but with long under the Health Act 2004. The Executive is, term medical concerns can be considered for therefore, the appropriate body to consider the special housing aid for the elderly; and if she will other matters raised by the Deputy. My Depart- make a statement on the matter. [3612/07] ment has requested the Parliamentary Affairs Division of the Executive to arrange to have Minister of State at the Department of Health these matters investigated and to have a reply and Children (Mr. S. Power): The Housing Aid issued directly to the Deputy. for the Elderly Scheme is administered by the 1795 Questions— 6 February 2007. Written Answers 1796

[Mr. S. Power.] it was “of the view that the only available mech- Health Service Executive (HSE) on behalf of the anism by which this claim can be processed is Department of Environment Heritage and Local through Benchmarking”. Government. The primary aim of the scheme is to In relation to the claim for a reduction in work- provide financial assistance to older people who ing hours the Court stated that concession of this reside alone and who are not in a position to claim at this time would have profound con- carry out urgent, necessary repairs to their own sequences for both health care delivery and costs homes from their own resources. unless effective countervailing measures could be Applications for the Housing Aid for the Eld- put in place. The Court did recommend that the erly Scheme are assessed by HSE personnel. parties explore the possibility of initiating an Whilst the means of the applicant and spouse/ appropriate process aimed at achieving a major partner may be considered, eligibility for this reorganisation of working arrangements within scheme is not based on means only — the follow- the health service generally. Such a process would ing are the guidelines for the scheme: have to involve representatives of a variety of grades and professions across the health service. • Be aged 65 years or over As Minister for Health and Children I would • Be living on their own or with another like to place on record that I hold the nursing and older person or person with a disability midwifery professions in high esteem and view the care they provide to patients as a critical com- • Be living in unfit or unsanitary conditions ponent of our health services. I believe that a sol- • Have no able bodied person available to ution to the current dispute can be found within carry out essential repairs the context of the Labour Court Recommend- ation and the prevailing national agreements. In • The Housing Aid Scheme applies to pri- this regard I arranged for an exploratory meeting vately owned accommodation only. to be held between all the parties concerned at It is open to the individual concerned to contact the offices of the HSE-Employers Agency on 19 the HSE directly to discuss their case. It may also January 2007. While I understand the discussions be appropriate for the individual to contact their provided clarity as to the respective positions of Local Authority regarding other grant schemes the parties the meeting adjourned without agree- that may be relevant, for example, the Disabled ment on the way forward. However, I remain Persons Grant Scheme. hopeful that a resolution to this dispute can still be found and I believe it remains open to the Health Service Staff. INO and PNA to enter the Benchmarking pro- cess and have their pay claims processed through 309. Mr. McCormack asked the Minister for this forum. Two other unions, SIPTU and Health and Children the progress achieved with IMPACT, which also represent nurses are cur- psychiatric nurses’ claim for parity of pay with rently participating in the Benchmarking process therapeutic grades with consequential upward and have made a submission for improvements in adjustment for all management grades effective pay and conditions on behalf of their members. from the end of the current sustaining prog- In addition the INO and PNA could also decide ramme agreement 30 June 2006; and if she will to accept the national agreement, Towards 2016. make a statement on the matter. [3613/07] If they accept this agreement their members would be eligible for pay increases of 10%. Minister for Health and Children (Ms Harney): I believe that the industrial action which the The Psychiatric Nurses Association (PNA) and unions concerned now propose to take would not the Irish Nurses Organisation (INO) are pursuing be in the interests of patients, staff or employers a number of cost increasing claims in respect of and I would urge the Unions to give further con- pay and conditions, including claims for parity sideration to the proposals contained in the with therapeutic grades and a reduction in work- Labour Court Recommendation. ing hours from 39 to 35 hours per week. The claims were heard by the Labour Court on Health Services. 20 June 2006 and were the subject of an in-depth examination. The Labour Court issued its recom- 310. Mr. F. McGrath asked the Minister for mendation (LCR 18763) on 9 November 2006. Health and Children if assistance will be given to This Recommendation has been accepted by urgently assist a group (details supplied) in health service employers. In its recommendation County Louth with proper occupational therapy, the Labour Court noted that the social partner- speech therapy and physiotherapy services as a ship agreements have brought significant benefits matter of priority. [3622/07] to workers, employers and to the economy over- all and they provide a fair mechanism within an Minister of State at the Department of Health agreed framework by which workers can obtain and Children (Mr. T. O’Malley): The Deputy’s improvements in pay and conditions of employ- question relates to the management and delivery ment. In relation to the specific claim for parity of health and personal social services, which are with the therapeutic grades the Court stated that the responsibility of the Health Service Executive 1797 Questions— 6 February 2007. Written Answers 1798 under the Health Act 2004. Accordingly, my Hospital Services. Department has requested the Parliamentary 314. Mr. Ring asked the Minister for Health Affairs Division of the Executive to arrange to and Children the action being taken regarding the have this matter investigated and to have a reply hospice beds in a facility (details supplied) in issued directly to the Deputy. County Mayo; if a medical officer has been appointed; if the Health Service Executive have Health Service Staff. advertised for this position again; if the HSE have 311. Mr. Ring asked the Minister for Health alternative proposals to facilitate the reopening and Children the number of people nationally of these beds; and if she will make a statement who have completed FETAC healthcare support on the matter. [3626/07] educational courses; if these course qualifications have been formally recognised by the Health Minister for Health and Children (Ms Harney): Service Executive; the plans to introduce graded Operational responsibility for the management pay scales or increments taking recognition of this and delivery of health and personal social services qualification; if HSE employees received a raise was assigned to the Health Service Executive in their salary after completing these courses; and under the Health Act 2004 and funding for all if she will make a statement on the matter. health services has been provided as part of its [3623/07] overall vote. Over 120,000 people work full-time or part- 312. Mr. Ring asked the Minister for Health time in our public health services. In recent years, and Children the differences in salary for the the Government’s ongoing high level of invest- healthcare assistant and multi-task attendant ment in health has achieved and maintained sig- within the Health Service Executive; if there is nificant increases in the number of doctors, recognition for persons with additional qualifi- nurses and other healthcare professionals cations such as the FETAC healthcare support employed in the public health services. The qualification; and if she will make a statement on Government has also invested heavily in the edu- the matter. [3624/07] cation and training of such personnel in order to secure a good supply of graduates to provide for 313. Mr. Ring asked the Minister for Health the healthcare needs of the population into the and Children the recognition nationally for quali- future. fied healthcare support workers; and if there is Subject to overall parameters set by Govern- recognition of this qualification within the health ment, the Health Service Executive has the service. [3625/07] responsibility for determining the composition of its staffing complement. In that regard, it is a Minister for Health and Children (Ms Harney): matter for the Executive to manage and deploy I propose to take Questions Nos. 311 to 313, its human resources to best meet the require- inclusive, together. ments of the Actual Service Plan for the delivery Over 120,000 people work full-time or part- of health and personal social services to the time in our public health services. In recent years, public. The Executive is the appropriate body to the Government’s ongoing high level of invest- consider the matter raised by the Deputy. My ment in health has achieved and maintained sig- Department has requested the Parliamentary nificant increases in the number of doctors, Affairs Division of the Executive to arrange to nurses and other healthcare professionals have the matter investigated and to have a reply employed in the public health services. The issued to the Deputy. Government has also invested heavily in the edu- cation and training of such personnel in order to Care of the Elderly. secure a good supply of graduates to provide for 315. Dr. Cowley asked the Minister for Health the healthcare needs of the population into the and Children further to Parliamentary Question future. No. 305 of 21 November 2006, when this family Subject to overall parameters set by Govern- can expect a re-assessment to take place; and if ment, the Health Service Executive has the she will make a statement on the matter. responsibility for determining the composition of [3627/07] its staffing complement. In that regard, it is a matter for the Executive to manage and deploy Minister of State at the Department of Health its human resources to best meet the require- and Children (Mr. S. Power): Operational ments of the Actual Service Plan for the delivery responsibility for the management and delivery of of health and personal social services to the health and personal social services was assigned public. The Executive is the appropriate body to to the Health Service Executive under the Health consider the matter raised by the Deputy. My Act 2004. I understand that the HSE has Department has requested the Parliamentary informed the Deputy that Mayo Home Help Affairs Division of the Executive to arrange to Department has requested that a public health have the matter investigated and to have a reply nurse re-assesses the person concerned to estab- issued to the Deputy. lish the change need. In relation to when this re- 1799 Questions— 6 February 2007. Written Answers 1800

[Mr. S. Power.] particular matters raised by the Deputy. My assessment can be expected to take place, my Department has requested the Parliamentary Department has requested the Parliamentary Affairs Division of the Executive to arrange to Affairs Division of the executive to arrange to have the matters investigated and to have a reply have the matter investigated and to have a reply issued directly to the Deputy. issued directly to the Deputy. Health Services.

Health Repayment Scheme. 318. Mr. Ring asked the Minister for Health and Children the position regarding a facility 316. Mr. McGuinness asked the Minister for (details supplied) in County Mayo; the reno- Health and Children if she will confirm the vations taking place; the capital funding that has receipt of an application and receipts submitted been put in place; the future plans for this facility; by a person (details supplied) in County and if she will make a statement on the Kilkenny. [3637/07] matter. [3643/07]

Minister for Health and Children (Ms Harney): Minister of State at the Department of Health The Health Service Executive has responsibility and Children (Mr. S. Power): The Government’s for administering the Repayment Scheme and the sustained high level of investment in healthcare information sought by the Deputy relates to has enabled the completion and commissioning of matters within the area of responsibility of the numerous new facilities in both the acute and the Executive. My Department has requested the non-acute sectors. This year, the sum available Parliamentary Affairs Division of the Executive for expenditure in health under the Health to arrange to have the matter investigated and to Service Executive’s capital plan is \657 million. have a reply issued to the Deputy. The HSE has responsibility for the planning and management of capital projects in the health Mental Health Services. sector, including the development(s) referred to 317. Mr. Rabbitte asked the Minister for in the Deputy’s question. My Department has Health and Children the period by which waiting requested the Parliamentary Affairs Division of times will be reduced in relation to the A Vision the Executive to arrange to have the matter For Change document and its reference to mental investigated and to have a reply issued directly to health services for children; the number of chil- the Deputy. dren’s in-patient facilities that will be available within the next 12 month period; and if she will 319. Mr. Kehoe asked the Minister for Health make a statement on the matter. [3642/07] and Children the number of sixth class children waiting to be seen by the Health Service Execu- Minister of State at the Department of Health tive dentist in an area; the location of a person and Children (Mr. T. O’Malley): The Report of (details supplied) in County Wexford on the list; the Expert Group on Mental Health Policy, when they can expect to called; and if she will entitled “A Vision for Change”, was launched in make a statement on the matter. [3646/07] January 2006. It provides a framework for action to develop a modern, high quality mental health Minister for Health and Children (Ms Harney): service over the next 7 to 10 years. It recommends The Deputy’s question relates to the manage- the provision of two child and adolescent com- ment and delivery of health and personal social munity multidisciplinary mental health teams per services, which are the responsibility of the 100,000 of the population. Health Service Executive under the Health Act In 2006, a sum of \26.2 million was allocated 2004. Accordingly, my Department has requested for the development of mental health services in the Parliamentary Affairs Division of the Execu- line with “A Vision for Change’. A further sum tive to arrange to have this matter investigated of \25 million has been allocated in 2007 to con- and to have a reply issued directly to the Deputy. tinue this development. A significant amount of \ this year’s funding — 7.95m — is for the Health Insurance. development of child and adolescent psychiatric services. This funding will bring about significant 320. Mr. Carey asked the Minister for Health improvements in community, hospital-based and and Children if her Department will examine the early intervention services and provide for the possibility of developing a small health insurance development of new child and adolescent mental scheme which would cover low income patients health teams. for tests which require to be carried out prior to Operational responsibility for the management assessment for medical procedures or referral to and delivery of health and personal social services the National Treatment Fund as public patients was assigned to the Health Service Executive experiencing long delays under the current under the Health Act 2004. The Executive is, system; and if she will make a statement on the therefore, the appropriate body to consider the matter. [3648/07] 1801 Questions— 6 February 2007. Written Answers 1802

Minister for Health and Children (Ms Harney): families who have a family member with such a Eligibility changes made under the Health diagnosis (details supplied); and if she will make Insurance (Amendment) Act 1991 removed the a statement on the matter. [3658/07] scope for combining private and public care in order to protect the position of the public patient. Minister of State at the Department of Health It would not be possible therefore for an individ- and Children (Mr. T. O’Malley): My Department ual to avail of both a health insurance scheme and has considered various studies undertaken in treatment under the National Treatment Pur- relation to Acquired Brain Injury by pro- chase Fund for the same episode of care. fessionals active in the health sector. The out- comes of such studies assist in forming policy Health Services. development in this regard. My Department is currently examining the development of a 321. Mr. Connaughton asked the Minister for rehabilitation action plan for people with dis- Health and Children the position regarding a abilities including those with Acquired Brain campus (details supplied) in County Galway; and Injury. if she will make a statement on the matter. In the last two years the Health Service Execu- [3653/07] tive (HSE), and the voluntary sector funded by the HSE, have undertaken specific actions in Minister of State at the Department of Health regard to service provision for people with and Children (Mr. S. Power): The Government’s Acquired Brain Injury, such as the expansion of sustained high level of investment in healthcare neurological services and the planned develop- has enabled the completion and commissioning of ment of the rehabilitation capacity in the numerous new facilities in both the acute and the National Rehabilitation Hospital and Merlin non-acute sectors. This year, the sum available Park Hospital. for expenditure in health under the Health The Deputy’s question relates to the manage- Service Executive’s capital plan is \657 million. ment and delivery of health and personal social The HSE has responsibility for the planning services, which are the responsibility of the and management of capital projects in the health Health Service Executive under the Health Act sector, including the development(s) referred to 2004. Accordingly, my Department has requested in the Deputy’s question. My Department has the Parliamentary Affairs Division of the Execu- requested the Parliamentary Affairs Division of tive to arrange to have this matter investigated the Executive to arrange to have the matter and to have a reply issued directly to the Deputy. investigated and to have a reply issued directly to the Deputy. Health Services.

322. Mr. Wall asked the Minister for Health 324. Mr. Stagg asked the Minister for Health and Children further to Parliamentary Question and Children the waiting times for hearing tests No.398 of 1 November 2006, the position within for children at the Newbridge Health Centre, Co. the Health Service Executive that county bound- Kildare and the Tallaght Health Centre in Dublin aries do not apply when persons are seeking 24. [3662/07] treatment, long stay beds or accident and emer- Minister for Health and Children (Ms Harney): gency assistance outside the county boundary of The Deputy’s question relates to the manage- their stated address; and if she will make a state- ment and delivery of health and personal social ment on the matter. [3657/07] services, which are the responsibility of the Health Services Executive under the Health Act Minister for Health and Children (Ms Harney): 2004. Accordingly, my Department has requested Section 6 of the Health Act, 2004 states that the the Parliamentary Affairs Division of the Execu- Health Service Executive is a corporate body. In tive to arrange to have this matter investigated view of this, the provision of health services and and to have a reply issued directly to the Deputy. the internal structures of how these services are delivered is a matter for the HSE. Accordingly, Hospital Services. my Department has requested the Parliamentary Affairs Division of the Executive to arrange to 325. Dr. Cowley asked the Minister for Health have this matter investigated. I understand they and Children with reference to Parliamentary have been in contact with the Deputy on this Question No: 819 of 31 January if she will review matter. the reply given; and if she will make a statement on the matter. [3670/07] Hospital Services. Minister of State at the Department of Health 323. Mr. Wall asked the Minister for Health and Children (Mr. S. Power): Operational and Children the research her Department has responsibility for the management and delivery of carried out in regard to ABI; if such research health and personal social services was assigned results are available; the action taken by her as a to the Health Service Executive under the Health result of such research; if funding is available to Act 2004. I understand that the Executive pro- 1803 Questions— 6 February 2007. Written Answers 1804

[Mr. S. Power.] raised by the Deputy. My Department has vided the Deputy with information on Long Stay requested the Parliamentary Affairs Division of beds for 6 Community Hospitals in Mayo in the Executive to arrange to have the matter response to Parliamentary Question 1781/07. I investigated and to have a reply issued directly to further understand that there was a discrepancy the Deputy. in relation to the figures provided for the Sacred Heart Hospital. My Department has requested Hospital Waiting Lists. that the Parliamentary Affairs Division of the Executive arrange to have the matter investigated 328. Mr. P. Breen asked the Minister for and to have a reply issued directly to the Deputy. Health and Children the waiting time for public and private patients waiting for orthopaedic treat- ment; and if she will make a statement on the Youth Services. matter. [3820/07] 326. Mr. Durkan asked the Minister for Health and Children if she will recognise or offer finan- Minister for Health and Children (Ms Harney): cial or other support towards the setting up of Responsibility for the collection and reporting of a youth organisation modelled in the US based data on waiting times for surgical procedures boystown concept, as envisaged by a person rests with the National Treatment Purchase Fund. (details supplied) in County Wicklow, which My Department has, therefore, asked the Chief could offer security, guidance and stability to Executive of the National Treatment Purchase young boys who may be vulnerable; and if she Fund to reply directly to the Deputy in relation will make a statement on the matter. [3706/07] to the information requested.

Minister of State at the Department of Health Health Services. and Children (Mr. B. Lenihan): In 2007, total health funding is \14.6 billion, which represents 329. Ms Lynch asked the Minister for Health an underlying increase of 8.6% in revenue spend- and Children if her attention has been drawn to ing over 2006. The vast bulk of this funding is the fact that chiropodists are applying a top up \ \ provided under the vote of the Health Service charge of 10 to 20 per visit to medical card hol- Executive which has statutory responsibility for ders; her views on such top up payments; the the management and delivery of health and per- steps she proposes to take to prevent this prac- sonal social services. This continuing high level tice; if proposals are in place to negotiate a com- of investment by the Government provides the prehensive contract with chiropodists to alleviate Executive with considerable capacity to address this hardship to poor and elderly patients; and if the healthcare needs of the population in the she will make a statement on the matter. most effective manner. [3821/07] Funding for all health services has been pro- vided as part of the Executive’s overall vote for Minister for Health and Children (Ms Harney): health and personal social services in 2007. The There is no statutory obligation on the Health allocation of resources in the case raised by the Service Executive (HSE) to provide chiropody Deputy is a matter for the Executive to be deter- services to GMS patients; however in practice mined within the overall priorities for particular arrangements are made to provide these services. services set out by me in the Budget. Accordingly, Before the establishment of the HSE the nature my Department has requested the Parliamentary of the arrangements for chiropody and the level Affairs Division of the Executive to arrange to of service provided was a matter for individual have the matter investigated and to have a reply health boards and so a degree of variation in issued directly to the Deputy. practice developed over time. Priority is usually given to certain groups of people, including people who are medical card holders aged 65 Hospital Services. years and over. In several regions the service is 327. Dr. Upton asked the Minister for Health provided by private chiropodists by arrangement and Children the reason a taxi has not been pro- with the HSE. vided for a person (details supplied) in Dublin 12 I consider that it is inappropriate for private to attend their clinics at the Adelaide and Meath chiropodists who are providing services on behalf Hospital. [3817/07] of the HSE to charge patients a top-up fee, and I have conveyed this view formally to the HSE. My Minister for Health and Children (Ms Harney): Department requested the HSE to review the fee Operational responsibility for the management arrangements in place for the provision of chirop- and delivery of health and personal social services ody services, with a view to ensuring that such was assigned to the Health Service Executive additional fees will no longer be levied on persons under the Health Act 2004 and funding for all in receipt of this service. While considerable work health services has been provided as part of its has taken place to develop arrangements which overall vote. Therefore, the Executive is the would ensure that no top-up charges are applied, appropriate body to consider the particular case it is necessary to ensure that any such arrange- 1805 Questions— 6 February 2007. Written Answers 1806 ments and the process by which they are arrived should help to guide the development of services at comply with the terms of the Competition Act into the future. 2002. In this context legal advice is at present being sought in relation to the permissibility of Health Insurance. negotiating contractual fee arrangements with 331. Cecilia Keaveney asked the Minister for organisations representing self-employed health Health and Children the current position in professionals. relation to ensuring that should BUPA leave the My Department is currently preparing legis- health insurance market VHI do not become a lation to clarify and update existing legislation on monopoly; and if she will make a statement on eligibility for health and personal social services. the matter. [3835/07] The Bill will define specific health and personal services more clearly; define who should be eli- Minister for Health and Children (Ms Harney): gible for what services; set out clear criteria for Since the Deputy tabled the question, the Quinn eligibility; establish when and in what circum- Group and BUPA announced last week that stances charges may be made and provide for an agreement has been reached for the purchase of appeals framework. BUPA Ireland by the Quinn Group.

Child Care Services. Survivors of Symphysiotomy. 330. Mr. O’Connor asked the Minister for 332. Mr. Neville asked the Minister for Health Health and Children if she will confirm plans to and Children the position in relation to nego- invest in the Childhood Development Initiative tiations for improved services to the survivors of Strategy, A Place for Children, Tallaght West; symphysiotomy. [3851/07] her views on the importance of this project for the Tallaght West community; and if she will Minister for Health and Children (Ms Harney): make a statement on the matter. [3825/07] A comprehensive range of support measures has been put in place in recent years by the Health Minister of State at the Department of Health Service Executive to meet the needs of patients and Children (Mr. B. Lenihan): The Tallaght who have undergone symphysiotomy. My West project, A Place for Children. Tallaght West Department has asked the Health Service Execu- is a strategy built on strong community engage- tive to revert to the Deputy with details of the ment, with a focus on improving the health, safety services available to patients and on the position and learning of the children of the area. with regard to the need for any additional In 2006 I announced the Government’s com- services. mitment to co-fund an innovative programme of prevention and early intervention for children. Health Services. This Prevention and Early Intervention Prog- ramme is being run for a five-year period and will 333. Ms McManus asked the Minister for have a fund amounting to \36 million in total, Health and Children the provisions there are for half of which will be provided by Government dental care for children under six years of age; and half by The Atlantic Philanthropies. The and if she will make a statement on the Programme is being managed by my Office matter. [3971/07] (OMC) and administration of the fund is also overseen by it. Minister for Health and Children (Ms Harney): Three projects (Tallaght West Childhood The Deputy’s question relates to the manage- Development Initiative, YoungBallymum and ment and delivery of health and personal social Northside Partnership) were invited to submit services, which are the responsibility of the proposals to the OMC under the Programme. I Health Service Executive under the Health Act am please to confirm that Tallaght West CDI was 2004. Accordingly, my Department has requested successful and a service level agreement has been the Parliamentary Affairs Division of the Execu- signed between Tallaght West CDI and the tive to arrange to have this matter investigated OMC. and to have a reply issued directly to the Deputy. The Prevention and Early Intervention Prog- ramme will examine innovative methods for Child Care Services. improving outcomes for children in an integrated 334. Ms McManus asked the Minister for way. The intention is to ensure that local services Health and Children if, in view of the commit- connect effectively with one another, making ment by the HSE to conduct an enquiry into the them more focused on the multiple needs of chil- tragic death of a person (details supplied) in dren and families. The strategy will also provide County Waterford she will state if this is to be an for some new services and the re-orientation of independent enquiry. [3972/07] existing services in the identified area to meet the specified needs of the community. Apart from the Minister of State at the Department of Health impact on the community in Tallaght, the moni- and Children (Mr. B. Lenihan): As the Deputy is toring and evaluation of this and related projects aware, I have asked the Health Services Execu- 1807 Questions— 6 February 2007. Written Answers 1808

[Mr. B. Lenihan.] This sum incorporates the 2007 element of the tive to provide a report to me as soon as possible Government’s multi-annual investment prog- in relation to this case. I understand that the HSE ramme for the National Disability Strategy. This is preparing a report that will outline all the cir- Strategy is committed to enhancing, among other cumstances concerning Child Care service pro- services, the level and range of multi-disciplinary vision to this young girl and her family. support services to adults and children with an intellectual, physical and sensory disability and Nursing Home Services. those with autism. The Deputy’s question relates to the manage- 335. Mr. Ring asked the Minister for Health ment and delivery of health and personal social and Children if services are being removed from public nursing homes (details supplied) in County services, which are the responsibility of the Mayo; and if she will make a statement on the Health Service Executive under the Health Act matter. [3973/07] 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- Minister of State at the Department of Health tive to arrange to have this matter investigated and Children (Mr. S. Power): Operational and to have a reply issued directly to the Deputy. responsibility for the management and delivery of health and personal social services was assigned Hospital Services. to the Health Service Executive under the Health 338. Dr. Cowley asked the Minister for Health Act 2004. Therefore, the Executive is the appro- and Children the bed occupancy rate at Mayo priate body to consider the particular case raised General Hospital; the percentage of these beds by the Deputy. My Department has requested the occupied by elderly patients; and if she will make Parliamentary Affairs Division of the Executive a statement on the matter. [3976/07] to arrange to have the matter investigated and to have a reply issued directly to the Deputy. Minister for Health and Children (Ms Harney): Operational responsibility for the management Accident and Emergency Services. and delivery of health and personal social services 336. Caoimhghı´nO´ Caola´in asked the Minister is a matter for the Health Service Executive and for Health and Children if, in view of the funding for all health services has been provided expected negative outcome of the McKenna 2003 as part of its overall vote. Therefore, the Execu- EU case involving the tendering of emergency tive is the appropriate body to consider the part- ambulance services in Dublin, she will consider icular question raised by the Deputy. My Depart- making the Dublin Fire Brigade the statutory ment has requested the Parliamentary Affairs provider of emergency ambulance services in Division of the Executive to arrange to have the Dublin City and County, as this would minimise matter investigated and to have a reply issued the verdict’s impact on the service being pro- directly to the Deputy. vided. [3974/07] 339. Dr. Cowley asked the Minister for Health Minister for Health and Children (Ms Harney): and Children the number of beds and the bed The European Court of Justice has not yet deliv- capacity available at the McBride Home, West- ered its judgement in the case referred to by the port, County Mayo; the number that were taken Deputy. I will consider the implications, if any, or closed at this facility for each of the past five for emergency ambulance services in the Dublin years; and if she will make a statement on the area when the judgement comes to hand. matter. [3977/07]

Services for People with Disabilities. Minister of State at the Department of Health 337. Dr. Cowley asked the Minister for Health and Children (Mr. S. Power): Operational and Children when she is going to address and responsibility for the management and delivery of invest in the allocation of funding to a centre health and personal social services was assigned (details supplied) in County Mayo in view of the to the Health Service Executive under the Health fact that due to lack of funds and resources 70 Act 2004. Therefore, the Executive is the appro- Mayo people are currently awaiting the allocation priate body to consider the particular case raised of a personnel assistant which would make it pos- by the Deputy. My Department has requested the sible for these persons to have a certain standard Parliamentary Affairs Division of the Executive of living within their own homes; and if she will to arrange to have the matter investigated and to make a statement on the matter. [3975/07] have a reply issued directly to the Deputy.

Minister of State at the Department of Health 340. Dr. Cowley asked the Minister for Health and Children (Mr. T. O’Malley): As the Deputy and Children the number of beds and the bed may be aware a sum of \75m for revenue pur- capacity available at A´ ras Deirbhle, Belmullet, poses was provided to the Health Service Execu- County Mayo; the number of beds that were tive for Disability Services in the 2007 Budget. taken or closed at this facility for each of the past 1809 Questions— 6 February 2007. Written Answers 1810 five years; and if she will make a statement on Minister of State at the Department of Health the matter. [3978/07] and Children (Mr. S. Power): Operational responsibility for the management and delivery of Minister of State at the Department of Health health and personal social services was assigned and Children (Mr. S. Power): Operational to the Health Service Executive under the Health responsibility for the management and delivery of Act 2004. Therefore, the Executive is the appro- health and personal social services was assigned priate body to consider the particular case raised to the Health Service Executive under the Health by the Deputy. My Department has requested the Act 2004. Therefore, the Executive is the appro- Parliamentary Affairs Division of the Executive priate body to consider the particular case raised to arrange to have the matter investigated and to by the Deputy. My Department has requested the have a reply issued directly to the Deputy. Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to Official Travel. have a reply issued directly to the Deputy. 344. Mr. Cuffe asked the Minister for Health and Children the distance she travelled with a 341. Dr. Cowley asked the Minister for Health view to determining her carbon footprint, by air and Children the number of beds and the bed using commercial airlines in the last year for capacity available at the District Hospital, which figures are available; and if she will make Belmullet, County Mayo; the number of beds that a statement on the matter. [4026/07] were taken or closed at this facility for each of the past five years; and if she will make a state- Minister for Health and Children (Ms Harney): ment on the matter. [3979/07] As part of the execution of my role as Ta´naiste and as Minister for Health and Children, I trav- Minister of State at the Department of Health elled to Chicago, Bahrain and South Africa by and Children (Mr. S. Power): Operational commercial airlines in 2006. The total distance of responsibility for the management and delivery of these trips is 38,206 kilometres. health and personal social services was assigned to the Health Service Executive under the Health Accident and Emergency Services. Act 2004. Therefore, the Executive is the appro- 345. Mr. J. Breen asked the Minister for Health priate body to consider the particular case raised and Children the number of times in 2005 and by the Deputy. My Department has requested the 2006 that Emergency Services were called to Parliamentary Affairs Division of the Executive attend road accidents on the N85 between Ennis to arrange to have the matter investigated and to and Ennistymon; and if she will make a statement have a reply issued directly to the Deputy. on the matter. [4040/07]

342. Dr. Cowley asked the Minister for Health Minister for Health and Children (Ms Harney): and Children the number of beds and the bed Operational responsibility for the management capacity available at the District Hospital, Swin- and delivery of health and personal social services ford, County Mayo; the number of beds that were is a matter for the Health Service Executive and taken or closed at this facility for each of the past funding for all health services has been provided five years; and if she will make a statement on as part of its overall Vote. Therefore, the Execu- the matter. [3980/07] tive is the appropriate body to consider the part- icular question raised by the Deputy. My Depart- Minister of State at the Department of Health ment has requested the Parliamentary Affairs and Children (Mr. S. Power): Operational Division of the Executive to arrange to have the responsibility for the management and delivery of matter investigated and to have a reply issued health and personal social services was assigned directly to the Deputy. to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appro- Hospital Services. priate body to consider the particular case raised 346. Mr. P. McGrath asked the Minister for by the Deputy. My Department has requested the Health and Children the reason the new sexual Parliamentary Affairs Division of the Executive assault treatment unit for the midlands region has to arrange to have the matter investigated and to been located to Tullamore in view of the fact that have a reply issued directly to the Deputy. this unit must be based at a hospital with a maternity ward and Tullamore does not have a 343. Dr. Cowley asked the Minister for Health maternity ward; and if she will make a statement and Children the number of beds and the bed on the matter. [4103/07] capacity available at the Sacred Heart Home, Castlebar; the number of beds that were taken or Minister of State at the Department of Health closed at this facility for each of the past five and Children (Mr. S. Power): The Deputy’s ques- years; and if she will make a statement on the tion relates to the management and delivery of matter. [3981/07] health and personal social services, which are the 1811 Questions— 6 February 2007. Written Answers 1812

[Mr. S. Power.] Act 2004 and funding for all health services has responsibility of the Health Service Executive been provided as part of its overall vote. There- under the Health Act 2004. Accordingly, my fore, the Executive is the appropriate body to Department has requested the Parliamentary consider the potential for distress to the two Affairs Division of the Executive to arrange to young children in this particular case raised by have this matter investigated and to have a reply the Deputy. My Department has requested the issued directly to the Deputy. Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to Health Services. have a reply issued directly to the Deputy. 347. Mr. Gormley asked the Minister for Health and Children if her attention has been Consultancy Contracts. drawn to a situation (details supplied); the way 348. Mr. F. McGrath asked the Minister for her Department or the Health Service Executive Health and Children the contracts won by a com- can resolve this situation; if she has powers to pany (details supplied) for her Department and ensure the landlord acts to resolve the situation; bodies under the aegis of her Department since and if she will make a statement on the 2000; the value of these contracts; and if these matter. [4183/07] contracts were properly advertised in a trans- parent way. [4550/07] Minister of State at the Department of Health and Children (Mr. B. Lenihan): Operational Minister for Health and Children (Ms Harney): responsibility for the management and delivery of From examination of records in my Department health and personal social services was assigned the following contracts were awarded since 2000 to the Health Service Executive under the Health to the company named in the Deputy’s question: \ Ex-post Assessment of the 1996 Pharmacy Regulations 65,400.50 Ex-ante Review of Proposed Regulatory Models for the Pharmacy 83,901.90 Sector Economics Analysis of Childcare Policy Options 101,821.00

All of the contracts were for specialised services dent in the exercise of its functions under the Act, available from a limited number of providers and subject to the law for the time being in force and were awarded in accordance with public procure- policy directives in relation to sea-fishing boat ment procedures. Two of the contracts were licensing. The Registrar General of Fishing Boats awarded following restricted tender procedures has informed me that the application period, due to the nature of the service and/or the time- under the scheme for the licensing of potting scale in which it was required. The other contract boats, closed on 18 June 2003. was awarded following negotiation with the com- pany concerned as the only one of four compan- Offshore Exploration. ies which responded to a request for expressions 350. Mr. Ferris asked the Minister for of interest. My Department has requested the Communications, Marine and Natural Resources Parliamentary Affairs Division of the Health if he will provide an undertaking that the decision Service Executive to identify any contracts regarding the location to process gas found in the awarded by the Executive to this company since Dunquin and Spanish Point fields will not be left its establishment and to furnish the information as a matter for the operator of these fields, but requested directly to the Deputy. will adhere to a model for the exploitation of these resources which has community consent as Fishing Vessel Licences. its guiding principle. [3472/07]

349. Mr. N. O’Keeffe asked the Minister for 351. Mr. Ferris asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources if he will arrange to have an application form if the oil and natural gas from the Dunquin and issued to a person (details supplied) in County Spanish Point prospects is to be refined and Cork in respect of a potting licence. [3383/07] pressurised at sea; if it is to be piped to Mayo to be refined at the disputed Shell terminal site on Minister of State at the Department of the bog at Bellanaboy; and if a plan exists for the Communications, Marine and Natural Resources resources be piped to a location in Kerry to be (Mr. Browne): The function of the Licensing refined onshore. [3473/07] Authority for sea-fishing boats was transferred under the Fisheries (Amendment) Act 2003 to Minister for Communications, Marine and the Registrar General of Fishing Boats. The Act Natural Resources (Mr. N. Dempsey): I propose provides that the Licensing Authority is indepen- to take Questions Nos. 350 and 351 together. 1813 Questions— 6 February 2007. Written Answers 1814

The Dunquin prospect is still being explored the Minister to introduce a moratorium on the and, as yet, no discovery, commercial or other- taking of cockles until a full assessment of the wise, has been made. Seismic was acquired over cockle fishery has been carried out and new man- the prospect last year and subject to positive agement arrangements are put in place. While results it is hoped that an exploration well will be assessments of part of the area were carried out, drilled there in the next couple of years. No wells the Marine Institute and Bord Iascaigh Mhara have been drilled on the structure to date. have recommended that an assessment of the Spanish Point was drilled by Phillips Petroleum entire area is required to inform the introduction in 1981 and flowed small amounts of oil and gas of management measures and this approach has on test. Both the original operator and a sub- been endorsed by the Local Advisory sequent operator, who both relinquished licences Committee. over the area, viewed the discovery as non-com- The moratorium was introduced to prevent mercial. The present operator is seeking to show over exploitation of cockles in the area until the that Spanish Point may contain larger volumes of appropriate management measures, that will hydrocarbons and therefore warrant the drilling deliver a sustainable cockle fishery into the of an appraisal well. At this stage no decision has future, are introduced. The closure has been put been made with regard to drilling such a well. in place until 31 May 2007 or until such new Therefore the question of either Dunquin or measures are introduced. The appropriate sur- Spanish Point containing commercial amounts of veys required are currently being undertaken by oil or gas is hypothetical at this stage. Bord Iascaigh Mhara in conjunction with local fishermen. The results of these assessments will Harbours and Piers. inform the management plan being developed in consultation with the Local Advisory Committee. 352. Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources if funding will be made available to the Kinsale Natural Gas Grid. Harbour Board for the cost of its proposed 354. Mr. Ring asked the Minister for development at Adams Quay, Kinsale. [3635/07] Communications, Marine and Natural Resources if gas will be supplied to towns (details supplied) Minister of State at the Department of in County Mayo; if same has been approved; if Communications, Marine and Natural Resources An Bord Ga´is agreed to the pipeline; when it will (Mr. Browne): Adam’s Quay is owned by Kinsale happen; and the timeframe for same. [3765/07] Harbour Commissioners and responsibility for its repair and maintenance rests with the Harbour Minister for Communications, Marine and Commissioners in the first instance. An appli- Natural Resources (Mr. N. Dempsey): Since cation for funding has been received, in respect 2002, the Commission for Energy Regulation of the Adams Quay development. My Depart- (CER), which is a statutory independent body, ment is currently examining applications for has been charged with all aspects of the assess- funding under the 2007 Fisheries and Coastal ment and licensing of prospective operators who Infrastructure Programme and consideration will wish to develop and/or operate a gas distribution be given to the Adams Quay development, sub- system within the State under the Gas (Interim) ject to availability of Exchequer funding, and in (Regulation) Act 2002. the overall context of national priorities going Last year, the Commission for Energy Regu- forward. lation (CER) directed BGE´ to implement a new Gas Connections Policy, which determines the Fisheries Protection. economic viability of connecting towns to the gas 353. Mr. J. O’Keeffe asked the Minister for network. The new policy allows for the appraisal Communications, Marine and Natural Resources of a new town either on its own or as part of a the reason the cockle fishery in Waterford Estu- regional group of towns. Having regard to this ary and Tramore Bay were closed without warn- new policy, BGE´ carried out a comprehensive ing on 6 January 2007 and the scientific evidence review of towns being considered for connection that was available prior to the making of the to the national gas network. The review is being regulations providing for the closure. [3675/07] conducted in two phases, and phase 1, which covers the towns in the proximity of the Mayo- Minister of State at the Department of Galway Pipeline, has already been completed. Communications, Marine and Natural Resources Following consideration of this phase of the (Mr. Browne): The Local Advisory Committee, review, the CER made the decision to allow Bord made up of stakeholders and State Agencies, for Gais to extend the natural gas network to eleven wild molluscs operating within the framework for towns along the route of its Mayo-Galway gas managing Ireland’s Inshore Shellfisheries is transmission pipeline, including Ballina and developing proposals for the management of wild Crossmolina, and it is envisaged that the connec- molluscs within Waterford Estuary and Tramore tion of the eleven towns will take two to three Bay. The Local Advisory Committee requested years to complete. 1815 Questions— 6 February 2007. Written Answers 1816

Telecommunications Services. Petroleum Plants. 355. Mr. Morgan asked the Minister for 356. Mr. Broughan asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources when DSL broadband will be available to the amount paid to date to the Exchequer in customers in rural areas of County Louth (details respect of the sale of the Whitegate refinery and supplied); his views on whether these areas and the Bantry storage terminal; the amount of the others like them are being discriminated against balance which remains outstanding; when he due to the fact that their exchanges are not expects that this will be paid; if he is satisfied at broadband capable; his further views on whether the rate of payments; the other outstanding issues the lack of DSL broadband is discouraging busi- that remain to be resolved before the remaining ness and employment in these areas and placing balance will be paid; and if he will make a state- school children and students at a disadvantage, ment on the matter. [3815/07] and causes social disadvantage; the reason he has not announced the next call for the rural broad- Minister for Communications, Marine and band scheme; and if he will make a statement on Natural Resources (Mr. N. Dempsey): The Irish the matter. [3793/07] National Petroleum Corporation Limited (INPC) business and commercial assets were sold on 16 Minister for Communications, Marine and th July 2001. The INPC was paid in full for these Natural Resources (Mr. N. Dempsey): The pro- assets on 16 th July 2001. An undertaking, by the vision of telecommunications services, including purchaser, and its successors, to operate the facili- broadband, is a matter in the first instance for ties on a fully commercial basis for at least 15 the private sector companies operating in a fully years, was a key element of this transaction. liberalised market, regulated by the independent While the headline payment figure was $100 Commission for Communications Regulation million (\117 million) for the 2001 transaction, it (ComReg). The enabling of exchanges to provide was always accepted that the net cash return aris- DSL broadband is a matter for the service ing from the transaction would be considerably providers. less as the INPC had, for example, to use some My priority remains that there will be broad- of the proceeds to discharge the company’s sig- band coverage across the entire country. nificant debt (circa \88 million). However I am aware that despite Government After taking account of all the company’s and private investment in broadband infrastruc- matured liabilities it was estimated that the INPC ture there are still some parts of the country would have funds in the region of \30 million. where the private sector will be unable to justify The INPC has paid \20 million to the Exchequer the commercial provision of broadband con- (2002) but the company is not in a position to pay nectivity. I would like to expedite the roll-out of over remaining balance, as, under Company Law, broadband to these remaining areas that cannot it must retain sufficient assets to meet potential receive a commercially viable service. Accord- liabilities. ingly, I recently announced my intention to intro- The INPC retains rights and obligations under duce a scheme to ensure broadband is available the terms of the Sale and Purchase Agreement throughout Ireland. This Scheme, which will (SPA) relating to the 2001 transaction. I would supersede the Group Broadband Scheme, will, refer the Deputy to the Annual Reports and when it is fully rolled out, ensure that all reason- Accounts of the INPC, laid before the able requests for broadband from houses and Oireachtas, for the years 2001 to 2005. premises in rural areas are met. A Steering Group comprising officials from my Department Official Travel. and ComReg is currently considering all elements of the proposed scheme. This scheme will be con- 357. Mr. Cuffe asked the Minister for fined to areas of the country that are not yet Communications, Marine and Natural Resources served by any broadband service provider, cur- the distance he travelled with a view to determin- rently thought to be 10-15% of the population. ing his carbon footprint, by air using commercial Under the joint industry/Government initiative airlines in the last year for which figures are avail- which established the Broadband for Schools able; and if he will make a statement on the Programme, high speed broadband connectivity matter. [4018/07] is being provided to all primary and post primary schools in the country at no cost to the schools Minister for Communications, Marine and themselves. 96.8% of schools have broadband Natural Resources (Mr. N. Dempsey): In my installed to date. official capacity, I travelled by commercial airline My Department’s website www.broadband.go- in the last year as follows: v.ie gives full details of broadband availability in • Dublin — London — San Francisco — all areas, including ADSL, cable, fibre, satellite Seattle — London — Dublin and fixed wireless. The website also lists prices • Dublin — Galway — Dublin of the various service levels on offer and contact details for each service provider. • Dublin — Dubai — Dublin 1817 Questions— 6 February 2007. Written Answers 1818

• Dublin — Cork — Dublin pose. Indeed, the clear implication, including in • Dublin — Paris — Vietnam — Hong Kong the recent European Parliament Committee’s — London — Dublin report, is that no extraordinary rendition took place on Irish territory. Broadcasting Services. Passport Applications. 358. Mr. Boyle asked the Minister for Communications, Marine and Natural Resources 361. Mr. Allen asked the Minister for Foreign the reason a television channel (details supplied) Affairs the number of Irish citizens who hold is still not available as a free channel on some more than one valid Irish passport; and if he will aerial based systems throughout the country make a statement on the matter. [3849/07] including parts of County Cork. [4099/07] Minister for Foreign Affairs (Mr. D. Ahern): Minister for Communications, Marine and The Passport Office may issue an additional pass- Natural Resources (Mr. N. Dempsey): The posi- port to a citizen where business, frequent travel tion is that this is a matter for TV3 and the or particular visa requirements make it necessary Broadcasting Commission of Ireland, which is an to hold a second travel document. In general, independent statutory body. TV3 operates under such second passports would have a restricted a contract with the Broadcasting Commission of validity. Ireland. The coverage to be achieved by TV3 is In addition, diplomatic passport holders, such one of the matters provided for in that contract. as members of the diplomatic service, would have their own standard passports for private travel. Consultancy Contracts. The same would be the case in respect of holders of official passports, which inter alia are issued to 359. Mr. F. McGrath asked the Minister for members of An Garda Sı´ocha´na and of the Communications, Marine and Natural Resources Defence Forces for the performance of their the contracts won by a company (details duties overseas. supplied) for his Department and bodies under Some 2,705 passports have issued to persons in the aegis of his Department since 2000; the value the above categories in the period since 1 of these contracts; and if these contracts were January 2005. properly advertised in a transparent way. [4542/07] Official Travel. Minister for Communications, Marine and 362. Mr. Allen asked the Minister for Foreign Natural Resources (Mr. N. Dempsey): In the time Affairs the number of commercial flights taken available, it has not been possible to compile the by staff of his Department in 2006; the cost of information requested. My Department is com- these flights; the destinations of these flights; the piling data sought by the Deputy in this regard carriers used in taking these flights; the pro- and I shall forward it to him as soon as possible. cedures in place to ascertain the best value for money in using commercial air travel by staff of Human Rights Issues. his Department; and if he will make a statement 360. Mr. Costello asked the Minister for on the matter. [3850/07] Foreign Affairs if he will introduce a system of random searches of CIA aircraft landing at air- Minister for Foreign Affairs (Mr. D. Ahern): ports here; and if he will make a statement on the The total cost incurred by the Department of matter. [3392/07] Foreign Affairs in respect of official commercial flights in 2006 relating to the discharge of official Minister for Foreign Affairs (Mr. D. Ahern): business amounted to \3,681,818. This covers, As I have made clear on many occasions, the inter alia, the travel of staff of the 12 divisions decision to search a particular aircraft, if and of the Department at HQ, including Irish Aid, a when warranted in accordance with law, would significant part of whose work is servicing meet- be a matter for An Garda Sı´ocha´na. The Govern- ings and conferences overseas, as well as the ment’s clear objective throughout has been to travel, including home leave, of the staff of 74 ensure that our territory is not used for extraordi- Embassies, Consulates and other diplomatic nary rendition purposes. As a result of swift and offices outside of the State. It has not been pos- decisive action on the part of the Government, sible in the time available to determine the exact we received early, clear, and categorical assur- number and destination of all flights taken by ances to this effect from the US authorities at the staff at home or abroad in 2006, or to establish highest level. In this regard, I would draw atten- all of the carriers used. tion to the fact that such categorical assurances The Department’s travel policy, which is based were not given to most other Member States. on the travel policy for Government Depart- Moreover, nowhere has it been suggested in the ments laid down by the Department of Finance, various investigations into extraordinary ren- aims to minimise official travel costs and to dition that Irish territory was used for this pur- achieve value for money for expenditure necess- 1819 Questions— 6 February 2007. Written Answers 1820

[Mr. D. Ahern.] Foreign Affairs within the EU and UN frame- arily incurred, consistent with the effective dis- works, as well as through our Embassy in Beijing. charge of official duties. In this regard, the A senior official from the Department also met Department avails of the services of Club Travel with Mr David Kilgour during his visit to Dublin under the contract negotiated centrally by the last November to discuss the findings of the Department of Finance. report prepared by him and Mr. Matas. To date, Heads of Missions abroad and senior officers no concrete evidence has been revealed to sub- at Headquarters who are authorised to approve stantiate the allegations contained in this report. travel-related expenditure are required to ensure However, the matter is being kept under review that only essential official travel is undertaken, by my officials and enquiries by the EU and other that no more than the minimum number of organisations are continuing. I also understand officers’ travel on each occasion and that advan- that Mr. Kilgour and Mr. Matas intend to present tage is taken of the most economical means of further material arising from their work. transport available. Without prejudice to the outcome of the above enquiries, Ireland and the EU remain concerned Human Rights Issues. about the situation of Falun Gong practitioners in China. This remains, within our wider concerns 363. Caoimhghı´nO´ Caola´in asked the Minister about human rights in China, a constant and for Foreign Affairs if his attention has been important point of dialogue with the Chinese drawn to allegations of organ harvesting from authorities at both bilateral and European Falun Gong practitioners in China; and if he will Union levels. make a statement on the matter. [3970/07] Official Travel. Minister for Foreign Affairs (Mr. D. Ahern): 364. Mr. Cuffe asked the Minister for Foreign As set out in previous PQ replies, most recently Affairs the distance he travelled with a view to on 23 November 2006, I am aware of allegations determining his carbon footprint, by air using regarding the harvesting of live organs from commercial airlines in the last year for which fig- Falun Gong practitioners, including as set out in ures are available; and if he will make a statement a recent report by two Canadian human rights on the matter. [4025/07] experts, Mr David Matas and Mr David Kilgour, on behalf of the Coalition to Investigate the Per- Minister for Foreign Affairs (Mr. D. Ahern): secution of the Falun Gong in China (CIPFG). I Details of my travel using commercial airlines view these allegations seriously and enquiries on during 2006, as well as the approximate distance this issue have been made by the Department of travelled, are as follows:

Date From To Approximate distance (miles)

11-15 March London Dallas 4,740 Dallas Washington 1,170

08-13 May Dublin London 279 London Tokyo 5,960 Tokyo Beijing 1,340 Beijing Frankfurt 4,840 Frankfurt Dublin 674

02 June London Dublin 279

08-09 September Dublin London 279 London Dublin 279

15 September Dublin Brussels 486 Brussels Dublin 486

29-31 October Dublin Paris 487 Paris Dublin 487

Total 21,786 1821 Questions— 6 February 2007. Written Answers 1822

Human Rights Issues. weapon of war be included in the EU’s statement at the upcoming annual meeting of the UN Com- 365. Ms O’Sullivan asked the Minister for mission on the Status of Women, specifically rais- Foreign Affairs the discussions he has had with ing the issue of complicity by governments who the Government of Sudan on attitudes towards take no action against perpetrators of violence women there; and if he will make a statement on against women and the aura of impunity which the matter. [4039/07] this creates. In late 2004, in response to the appalling levels Minister for Foreign Affairs (Mr. D. Ahern): I of gender based violence in Darfur, Irish Aid and am especially concerned at the increased rate of a number of Irish and international NGOs, rape and gender based violence in parts of Darfur including Amnesty International, formed the and the lack of progress being made by courts Joint Consortium on Gender Based Violence, there to address these crimes as detailed in the which has begun working on Gender Based Viol- UN Secretary General’s report of 28 December ence as an international problem and now 2006. Since 2003, gender based violence targeted includes the Defence Forces among its members. at women and girls has been a consistent feature The consortium’s report on Darfur was discussed of the conflict in Darfur. Women have been with its Special Adviser, former President Mrs. raped during attacks on their villages, while flee- Mary Robinson, at a meeting in the Department ing such attacks and within camps for the dis- of Foreign Affairs in November 2006 and a placed. Sexual assaults against female inter- strategy to implement its recommendations is national aid workers have also occurred recently. now being finalised. A staff member of a French humanitarian agency, While the situation is most acute in Darfur, the based in a rebel-controlled town in Southern position of women in the Sudan as a whole Darfur, is reported to have been raped in remains a matter of concern. The United Nations December 2006 and in January 2007 a female UN Children’s fund (UNICEF) has estimated that staff member is reported to have been sexually almost 90% of Sudan’s female population are assaulted by Sudanese police. subjected to female genital mutilation, often in its In my meetings with the Sudanese Foreign most severe forms. This occurs despite a commit- Minister, Lam Akol, in July and September 2006, ment by the Government of Sudan to eradicate I underlined the importance of ensuring that the this dreadful practice. While Sudan’s interim vulnerable in Darfur have full and unimpeded national constitution guarantees respect for fun- access to humanitarian support and protection. I damental human rights, the authorities have not also urged similar action in discussions with key yet adhered to the UN Convention on the Elimin- international actors with a capacity to influence ation of All Forms of Discrimination against Sudan, most recently in my meetings with the Women. EU Embassies in Khartoum maintain a Egyptian Foreign Minister, Aboul Gheit, and the regular dialogue with Sudan on human rights Arab League Secretary-General, Amr Mussa, in issues at which these key issues are addressed. Cairo on 1 February 2007. Irish Aid assistance to Sudan, which totals \33 million since 2004, has mainly funded humani- Overseas Development Aid. tarian activities to aid those affected by conflict, 366. Mr. Howlin asked the Minister for Foreign including large numbers of women and girls. This Affairs the process regarding the decision making funding includes \3 million provided to support process on Ireland’s Overseas Development Aid the work of the African Union Mission in Sudan which led to the identification of the programmes (AMIS), which has largely been used for the funded in Africa; the policy framework within recruitment of humanitarian and human rights which the programmes are approved; the manner monitors and the construction of protective and level of involvement of the donor parliament; police posts in camps for internally displaced the level of consultation and engagement with people in Darfur. donor non-Governmental organisations; the Ireland urged the holding of the UN Human other Government Departments involved in Rights Council Special Session on Darfur, which policy decisions; if linkage and compliance with took place on 12 December 2006, and we sup- NEPAD principles is taken into account; the link ported the NGO forum that was held in its mar- between donor programmes and recipient partner gins. Our intervention at the Special Session national development plans and poverty noted how women and girls have been persist- reduction strategies; the level of compliance with ently made victims of sexual violence, while gen- the Paris Declaration on Aid Effectiveness partic- der based violence was the first of the topics dealt ularly with regard to the role of Parliament; and with by the NGO forum. We encouraged the if he will make a statement on the matter. Special Session to dispatch a fact finding mission [4044/07] to Darfur, which is expected to arrive in Sudan within days. Ireland has also requested that the Minister of State at the Department of Foreign increasing use of violence against women as a Affairs (Mr. C. Lenihan): The Government’s 1823 Questions— 6 February 2007. Written Answers 1824

[Mr. C. Lenihan.] We also place a particular emphasis on building official programme of development assistance, good governance. This includes assistance for Irish Aid, has as its primary aim the reduction of enhancing parliamentary oversight, building poverty. Africa is the primary geographic focus democratic systems of government that are of Irish Aid. underpinned by free and fair elections, strength- The White Paper on Irish Aid, published last ening the rule of law, enhancing respect for September, sets out in the most comprehensive human rights, improving transparency and and detailed way, since the inception of the aid accountability through initiatives to enhance programme in 1974, the principles and policies public financial management and building civil underlying the aid programme. It outlines the society. vision for the future and a number of key A guiding principle of Irish Aid’s policy is that initiatives. Ireland’s relationship with the developing world The White Paper was the subject of extensive will be based on a spirit of partnership and consultation with the Irish public. Public meetings equality. The governments and peoples of our were held throughout the country. Aid agencies partner countries are primarily responsible for and other stakeholders took part in a consultative their own development and will lead the develop- forum in Dublin Castle. Consultations were also ment process. Ireland will offer advice, expertise held with UN agencies and with Ireland’s part- and assistance but decisions on development ners in the developing world. planning must, to the greatest extent possible, be The White Paper was debated and welcomed locally owned and led. by the Da´il and the Seanad last November. I had Irish Aid Country Strategy Papers are formu- an extremely useful discussion with the Joint lated in close consultation with the partner Committee on Foreign Affairs on 10 October Governments, other donors and various stake- last, which highlighted, once again, the close holders in-country. The strategies take as their working relationship between Irish Aid and the reference point the partner Governments’ Oireachtas. national development plans, which form the basis My Department cooperates closely with other on which priorities are made. They are informed Government Departments in implementing by the principles of partnership, harmonisation policy on Overseas Development Aid. Arising and coordination, in accordance with the Paris from the White Paper, an Interdepartmental Declaration and the principles of NEPAD. Irish Committee will shortly be established in order to Aid also works very closely with civil society formalise this cooperation. organisations in our partner countries building Irish Aid delivers assistance to over 30 coun- their capacity to influence and monitor public tries in Africa, but has a particularly deep policy decisions. relationship with six countries. These are Tan- The Irish Aid programme is growing rapidly. zania, Zambia, Lesotho, Mozambique, Uganda The commitment of the Government to reach the and Ethiopia. These countries are termed Prog- UN target of 0.7% of GNP by 2012 presents an ramme Countries and are a particular focus for enhanced opportunity to make a real difference Irish Aid. in the lives of millions of poor people in Africa The first three countries listed were designated and beyond. This practical and tangible assistance as programme countries in the 1980s based on will also be matched by strong international advo- their poverty, links with Ireland and with Irish cacy for poverty reduction and a fairer global missionaries and on the comparative advantage order. which Ireland had in relation to their needs; there was also, in the case of Lesotho, the desire to Millennium Development Goals. show solidarity with a country that was sur- 367. Ms O’Sullivan asked the Minister for rounded by the then apartheid South Africa. The Foreign Affairs in view of the adoption of a new latter three were designated in the mid 1990’s UN target, under millennium goal five, to achieve based on visits by Irish Aid appraisal teams, universal access to reproductive health by 2015, which looked at the respective poverty indices his Department is taking steps to increase inter- and on the emergence of these countries from national action on maternal health issues and to years of conflict. Malawi has been designated as develop an Irish Aid Health strategy which the seventh Programme Country in Africa on the addresses the rate of maternal mortality and the basis of its poverty and the assistance which Irish unmet need for contraception; and if he will make Aid provided on an emergency basis over many a statement on the matter. [4180/07] years. The overarching objectives of the aid prog- Minister of State at the Department of Foreign ramme are poverty reduction and sustainable Affairs (Mr. C. Lenihan): Universal access to development. We address fundamental human reproductive health is one of the goals of the needs such as food security, basic education, Programme of Action agreed at the International primary health care and safe water supplies. Conference on Population and Development in 1825 Questions— 6 February 2007. Written Answers 1826

Cairo in 1994. The Government is committed to system to address maternal health issues and the action in support of this goal which is essential to unmet need for contraception. One of the main achieving the Millennium Development Goals barriers to achieving universal access to repro- and is important in tackling HIV and AIDS. ductive health is the lack of empowerment of Limited progress has been made since the women in developing countries. These issues Cairo conference in 1994. Reproductive health form the core mandate of the United Nations problems account for 18% of the total global bur- Population Fund (UNFPA), with which Irish Aid den of disease and, tragically, half a million has a close relationship. In light of its important women die every year from complications during mandate, the Government has increased core pregnancy and childbirth. Underlying this tragedy funding to UNFPA in the last five years from is the lack of access by women, especially in \1.8m in 2002 to \3.1m in 2006. Additionally, in developing countries, to good quality maternal 2006 the Government made a contribution of and reproductive health services, including \500,000 to the newly established UNFPA Trust family planning. Fund for Global Reproductive Health Commodi- The Government welcomes the new UN target ties Security, which aims to ensure that Govern- under Millennium Development Goal 5 to ments have a constant supply of reproductive achieve universal access to reproductive health. health commodities. This will provide much-needed impetus to inter- national action to improve women’s health and reduce maternal illness and death. Consultancy Contracts. The White Paper on Irish Aid outlines the 368. Mr. F. McGrath asked the Minister for Government’s commitment to supporting the Foreign Affairs the contracts won by a company specific health needs of women within our overall (details supplied) for his Department and bodies approach to health in developing countries. It under the aegis of his Department since 2000; the states that ‘addressing women’s health needs, value of these contracts; and if these contracts particularly in the areas of basic healthcare and were properly advertised in a transparent way. maternal and reproductive health must lie at the [4549/07] heart of an effective overall response to improv- ing health in developing countries’. Minister of State at the Department of Foreign A strategy document setting out Irish Aid’s Affairs (Mr. C. Lenihan): Since 2000, the com- policy on health is being finalised. It will address pany concerned undertook two assignments for the issues of maternal mortality and the unmet the Department of Foreign Affairs. In 2002, the need for contraception. Through its country prog- Irish and British Governments conducted a joint rammes and support for international organis- review of the activities of Encounter, an organis- ations, Irish Aid will continue to promote the ation established by both Governments in 1983 to particular health needs of women, emphasising contribute to improved relations between the two sexual and reproductive health services. countries. Following discussions with the British Maternal health is a priority of Irish Aid sup- authorities, it was agreed that this company port for health through bilateral programmes. would conduct the review in consultation with a Funding is provided to support Governments in Ireland’s priority countries in sub-Saharan Africa firm of consultants in Great Britain. The contract to deliver a package of basic health care, includ- was jointly awarded and it was agreed that the ing reproductive health services. Additional sup- cos t would be shared by both administrations. \ port is granted for specific initiatives on maternal Our share of the work came to 31,100.60. health, such as the new midwifery school in The firm also completed work for the Depart- Northern Province, Zambia which opened in ment in 2004 on economic links with Arab coun- 2006. Another example is oMaternal health is a tries in the context of Ireland’s overall trade; the priority of Irish Aid support for health through cost of this assignment was \9,000 (excluding bilateral programmes. Funding is provided to VAT). support Governments in Ireland’s priority coun- Given the nature of these assignments and the tries in sub-Saharan Africa to deliver a package modest scale of the work and costs involved, it of basic health care, including reproductive health was not deemed necessary to advertise in these services. Additional support is granted for spec- cases. ific initiatives on maternal health, such as the new midwifery school in Northern Province, Zambia Sports Capital Programme. which opened in 2006. Another example is our commitment of \2.3 million in 2006 to a four-year 369. Mr. Naughten asked the Minister for Arts, project in Tanzania, Mozambique and Malawi, Sport and Tourism if he will approve funding which aims to improve the provision of maternal under the sports capital grant for the redevelop- health services by mid-level health workers. ment of the sports hall at a school (details In addition to this funding, Irish Aid works supplied) in County Roscommon; and if he will through several partner agencies in the UN make a statement on the matter. [3428/07] 1827 Questions— 6 February 2007. Written Answers 1828

Minister for Arts, Sport and Tourism (Mr. approved and not taken up or under construction; O’Donoghue): The situation with regard to the if locations have been identified where there is a application for funding in question under the deficit in such facilities; the factors considered in sports capital programme is unchanged from that grant aiding projects if this is not one; and if he which I outlined to the Deputy in my reply to will make a statement on the matter. [3592/07] question 2068 of Wednesday last, January 31st. Minister for Arts, Sport and Tourism (Mr. 370. Mr. Kehoe asked the Minister for Arts, O’Donoghue): My Department is completing an Sport and Tourism if an application has been Expenditure Review of the Local Authority received by his Department for lottery funding Swimming Pool Programme at present. The by a committee (details supplied); and when he Review is examining, among other things, how expects to make a decision on same. [3496/07] the programme has worked to date and what changes, if any, are required to ensure its effec- Minister for Arts, Sport and Tourism (Mr. tive and efficient delivery. The Review is cur- O’Donoghue): The sports capital programme, rently being finalised and it is my intention to which is administered by my Department, allo- publish it as soon as possible. Following consider- cates funding to sporting and community organis- ation of the recommendations in the review it is ations at local, regional and national level my intention to launch a new round of the Local throughout the country. The programme is adver- Authority Swimming Pool Programme. When the tised on an annual basis. Programme is re-opened, it will be open to all Applications for funding under the 2007 prog- local authorities to submit applications under the ramme were invited through advertisements in terms that will apply. the Press on October 15th and 16th last. The clos- Since the current round of the programme ing date for receipt of applications was November closed in July, 2000, 57 projects have or are being 24th 2006. All applications received before the dealt with — 23 projects have been completed, 16 deadline, including one from the organisation in are under construction or about to start construc- question, are currently being evaluated against tion and the remaining 18 are at various stages in the programme’s assessment criteria, which are the process. In terms of funding being committed outlined in the guidelines, terms and conditions to projects, formal grant approval is given to local of the programme. I intend to announce the grant authorities following the tender process, when the allocations for the programme as soon as possible contract is approved. after the assessment process has been completed. In the case of the 23 projects that have been completed, a balance of \2.1m is outstanding in Swimming Pool Projects. respect of grants not yet fully drawn down. In this regard, a contingency of 10% of grant aid is with- 371. Mr. Allen asked the Minister for Arts, held pending final certification of completion by Sport and Tourism if he has completed a review the relevant local authority. of the swimming pool programme; if he will re- Of the 16 projects which are under construction open the programme; and if he will make a state- or about to start construction, grants totaling ment on the matter. [3532/07] \58.2m have been approved. Under the current round of the programme, Minister for Arts, Sport and Tourism (Mr. the question of the location of public swimming O’Donoghue): My Department is completing an pools was essentially a matter for local auth- Expenditure Review of the Local Authority orities. Projects are considered on a case-by-case Swimming Pool Programme at present. The basis and consideration is given to such issues as Review is examining, among other things, how to whether the area is classified as disadvantaged, the programme has worked to date and what the number and geographical spread of similar changes, if any, are required to ensure its effec- projects within and between counties, the tive and efficient delivery. The Review is cur- viability of the project, particularly in relation to rently being finalised and it is my intention to operational and maintenance issues, overall fund- publish it as soon as possible. Following consider- ing package for the project, technical details and ation of the recommendations in the review it is the Department’s annual estimates provision for my intention to launch a new round of the Local the Programme. Authority Swimming Pool Programme. When the Programme is re-opened, it will be open to all local authorities to submit applications under the Sports Capital Programme. terms that will apply. 373. Mr. Naughten asked the Minister for Arts, Sport and Tourism if he will approve funding for 372. Ms C. Murphy asked the Minister for Arts, a project (details supplied) in County Sport and Tourism when new swimming pool Roscommon under the sports capital programme projects will be accepted by his Department; the 2007; and if he will make a statement on the amount committed to projects which are matter. [3599/07] 1829 Questions— 6 February 2007. Written Answers 1830

Minister for Arts, Sport and Tourism (Mr. to announce the grant allocations for the prog- O’Donoghue): The sports capital programme, ramme as soon as possible after the assessment which is administered by my Department, allo- process has been completed. cates funding to sporting and community organis- ations at local, regional and national level 375. Mr. McHugh asked the Minister for Arts, throughout the country. The programme is adver- Sport and Tourism if a sports capital grant will be tised on an annual basis. Applications for funding awarded to a club (details supplied) in County under the 2007 programme were invited through Galway. [3814/07] advertisements in the Press on October 15th and Minister for Arts, Sport and Tourism (Mr. 16th last. The closing date for receipt of appli- O’Donoghue): The sports capital programme, cations was November 24th 2006. All applications which is administered by my Department, allo- received before the deadline, including one from cates funding to sporting and community organis- the organisation in question, are currently being ations at local, regional and national level evaluated against the programme’s assessment throughout the country. The programme is adver- criteria, which are outlined in the guidelines, tised on an annual basis. Applications for funding terms and conditions of the programme. I intend under the 2007 programme were invited through to announce the grant allocations for the prog- advertisements in the Press on October 15th and ramme as soon as possible after the assessment 16th last. The closing date for receipt of appli- process has been completed. cations was November 24th 2006. All applications received before the deadline, including one from 374. Mr. McHugh asked the Minister for Arts, the organisation in question, are currently being Sport and Tourism if a sports capital grant will be evaluated against the programme’s assessment awarded to a club (details supplied) in County criteria, which are outlined in the guidelines, Galway. [3813/07] terms and conditions of the programme. I intend to announce the grant allocations for the prog- Minister for Arts, Sport and Tourism (Mr. ramme as soon as possible after the assessment O’Donoghue): The sports capital programme, process has been completed. which is administered by my Department, allo- cates funding to sporting and community organis- Official Travel. ations at local, regional and national level 376. Mr. Cuffe asked the Minister for Arts, throughout the country. The programme is adver- Sport and Tourism the distance he travelled with tised on an annual basis. Applications for funding a view to determining his carbon footprint, by air under the 2007 programme were invited through using commercial airlines in the last year for advertisements in the Press on October 15th and which figures are available; and if he will make a 16th last. The closing date for receipt of appli- statement on the matter. [4017/07] cations was November 24th 2006. All applications received before the deadline, including one from Minister for Arts, Sport and Tourism (Mr. the organisation in question, are currently being O’Donoghue): Details of the journeys by air — evaluated against the programme’s assessment from which the Deputy may estimate the distance criteria, which are outlined in the guidelines, involved — taken by me during 2006 using com- terms and conditions of the programme. I intend mercial airlines are set out below.

2006 Journey Flight Details

Tuesday January 3 Kerry to Dublin Commercial Wednesday January 4 Dublin to Kerry Commercial Sunday January 15 Dublin to Frankfurt Commercial Sunday January 15 Frankfurt to Bangalore Commercial Wednesday January 18 Bangalore to New Delhi Commercial Friday January 20 New Delhi to Mumbai Commercial Thursday January 22 Mumbai to New Delhi Commercial Tuesday January 24 Delhi to London Commercial Tuesday January 24 London to Dublin Commercial Thursday January 26 Dublin to Kerry Commercial Monday January 30 Kerry to Dublin Commercial Thursday February 2 Dublin to Kerry Commercial Monday February 6 Kerry to Dublin Commercial Monday February 13 Kerry to Dublin Commercial Monday February 20 Kerry to Dublin Commercial 1831 Questions— 6 February 2007. Written Answers 1832

[Mr. O’Donoghue.]

2006 Journey Flight Details

Monday February 27 Kerry to Dublin Commercial Sunday March 5 Cork to Dublin Commercial Sunday March 5 Dublin to Kerry Commercial Thursday March 9 Dublin to Sligo Commercial Saturday March 11 Dublin to Manchester Commercial Friday March 17 Birmingham to Dublin Commercial Tuesday March 21 Kerry to Dublin Commercial Thursday March 23 Dublin to Galway Commercial Thursday April 6 Dublin to Liverpool Commercial Saturday April 8 Liverpool to Dublin Commercial Tuesday April 11 Kerry to Dublin Commercial Wednesday April 12 Dublin to Kerry Commercial Sunday April 16 Kerry to Dublin Commercial Monday April 17 Dublin to Kerry Commercial Monday April 24 Kerry to Dublin Commercial Monday May 4 Dublin to Cork Commercial Thursday May 11 Dublin to Kerry Commercial Monday May 15 Kerry to Dublin Commercial Thursday May 25 Dublin to Kerry Commercial Monday May 29 Cork to Dublin Commercial Friday June 2 Dublin to Kerry Commercial Tuesday June 6 Kerry to Dublin Commercial Thursday June 8 Dublin to Kerry Commercial Monday June 12 Kerry to Dublin Commercial Friday June 16 Dublin to Cork Commercial Monday June19 Kerry to Dublin Commercial Saturday June 24 London to Cork Commercial Monday June 26 Kerry to Dublin Commercial Friday July 7 Dublin to Frankfurt Commercial Friday July 7 Frankfurt to Berlin Commercial Tuesday July 11 Berlin to Dublin Commercial Wednesday July 12 Dublin to Kerry Commercial Wednesday July 19 Kerry to Dublin Commercial Wednesday July 19 Dublin to Cork Commercial Monday July 24 Cork to Dublin Commercial Wednesday July 26 Knock to Dublin Commercial Wednesday July 26 Dublin to Kerry Commercial Monday July 31 Kerry to Dublin Commercial Tuesday Aug 22 Kerry to Dublin Commercial Thursday Aug 24 Dublin to Kerry Commercial Wednesday Aug 30 Kerry to Dublin Commercial Wednesday Aug 30 Dublin to Kerry Commercial Thursday Sept 7 Dublin to Kerry Commercial Friday Sept 8 Kerry to Dublin Commercial Sunday Sept 10 Dublin to Cork Commercial Monday Sept 11 Kerry to Dublin Commercial Wednesday Sept 13 Dublin to Cork Commercial Thursday Sept 14 Dublin to Kerry Commercial Friday Sept 15 Kerry to Dublin Commercial Friday Sept 22 Kerry to Dublin Commercial Monday Sept 25 Kerry to Dublin Commercial Thursday Sept 28 Dublin to Kerry Commercial 1833 Questions— 6 February 2007. Written Answers 1834

2006 Journey Flight Details

Friday Sept 29 Cork to Paris Commercial Monday Oct 2 Paris to Cork Commercial Monday Oct 2 Cork to Dublin Commercial Thursday Oct 5 Dublin to Kerry Commercial Monday Oct 9 Kerry to Dublin Commercial Thursday Oct 12 Dublin to Kerry Commercial Monday Oct 16 Kerry to Dublin Commercial Thursday Oct 19 Dublin to Kerry Commercial Monday Oct 23 Kerry to Dublin Commercial Tuesday Oct 24 Dublin to Kerry Commercial Tuesday Oct 31 Kerry to Dublin Commercial Thursday Nov 2 Dublin to Kerry Commercial Friday Nov 3 Kerry to Dublin Commercial Monday Nov 6 Kerry to Dublin Commercial Tuesday Nov 7 Dublin to London Commercial Wednesday Nov 8 London to Dublin Commercial Thursday Nov 9 Dublin to Shannon Commercial Thursday Nov 16 Dublin to Kerry Commercial Sunday Nov 19 Kerry to Dublin Commercial Thursday Nov 23 Dublin to Kerry Commercial Saturday Nov 25 Shannon to New York Commercial Wednesday Nov 29 New York to Dublin Commercial Thursday Dec 7 Dublin to Kerry Commercial Monday Dec 11 Kerry to Dublin Commercial Thursday Dec 14 Dublin to Kerry Commercial Tuesday Dec 19 Dublin to Kerry Commercial

Consultancy Contracts. 1 October 2006 should be given the opportunity to join the established scheme. [3511/07] 377. Mr. F. McGrath asked the Minister for Arts, Sport and Tourism the contracts won by a Minister of State at the Department of company (details supplied) for his Department Enterprise, Trade and Employment (Mr. and bodies under the aegis of his Department Killeen): As the Deputy will be aware, Ireland’s since 2000; the value of these contracts; and if system of industrial relations is, essentially, vol- these contracts were properly advertised in a untary in nature and responsibility for the resol- transparent way. [4541/07] ution of industrial disputes is a matter for the par- ties involved. Dispute resolution machinery is Minister for Arts, Sport and Tourism (Mr. provided to help and support parties in their O’Donoghue): Since the establishment of my efforts to resolve their differences, rather than Department in June 2002 the company in ques- imposing a solution on the parties to an indus- \ tion was paid 12,342 in respect of trial dispute. advisory/consultancy services in relation to the I understand that the Labour Court has con- National Conference Centre. As the work sidered the dispute referred to by the Deputy and involved was a follow-on to work previously done has recommended that the parties should seek to by the company in relation to the National Con- reconcile their differences through an intense ference Centre on behalf of Failte Ireland, the process of engagement. In this regard, I further tender was not publically advertised. understand that the parties have agreed to attend talks to which they have been invited by the Industrial Disputes. Labour Relations Commission. I would encour- 378. Mr. F. McGrath asked the Minister for age all the parties to engage fully in this process Enterprise, Trade and Employment if he will and seek to resolve their differences. ensure that the Bank of Ireland respects all AMICU’s members in their dispute on the pen- 379. Mr. F. McGrath asked the Minister for sions issue and keep to the spirit of the Strategic Enterprise, Trade and Employment if action will Transformation Programme Agreement in order be taken to assist a person (details supplied) with that any individual staff members recruited since their case. [3500/07] 1835 Questions— 6 February 2007. Written Answers 1836

Minister for Enterprise, Trade and Employ- fund compared with its liabilities as a result of the ment (Mr. Martin): All proper procedures were fund trustees’ investment strategy coupled with a adhered to in this case and all necessary action significant fall in the equities market. New regu- was taken. The person concerned was employed lations were introduced in the UK in 2005 to on a short term contract as a Temporary Service enhance the protection for members of defined Attendant. His contract was due to expire on 12th benefit pension schemes in insolvency situations. May 2006. His contract was extended until 28th The Financial Assistance Scheme was established July 2006 to allow for a number of appeals he to address difficulties arising in schemes prior to made in writing and orally. The Secretary the introduction of the new regulations. General of the Department, having fully con- In relation to the employees in the Republic, it sidered the matter, and following legal advice is my understanding that the two main schemes from the Office of the Attorney General, con- covering them had sufficient funds to meet all of firmed to the person concerned in writing that his the entitlements provided under the scheme, as contract would expire on 28th July 2006. well as pensions increases of up to 3% per annum. While staff had hoped to receive some Pension Provisions. additional benefits, it would appear that the pay- ment of such discretionary benefits was always 380. Ms McManus asked the Minister for subject to sufficient funding being available to Enterprise, Trade and Employment if he has meet the costs involved. Against this background, received a letter from a person (details supplied) I do not believe that an Exchequer contribution in County Wexford; if he will contribute towards to the pension funds is justified and I have no the southern Ireland pension scheme of former plans for any such contribution. employees of a company; his views on this letter; and if he will make a statement on the matter. Industrial Development. [3639/07] 381. Cecilia Keaveney asked the Minister for Minister for Enterprise, Trade and Employ- Enterprise, Trade and Employment the number ment (Mr. Martin): I have seen the letter referred of IDA led visits by potential employers to the to in the Deputy’s question. The letter focuses on north west region and specifically Inishowen from a recent confirmation that members of the January 2006 to January 2007; and if he will make Richardsons Fertilisers Staff Retirement Benefits a statement on the regional development strategy Plan have been deemed eligible for support under of the IDA as it pertains to the north west. the UK Government’s Financial Assistance [3833/07] Scheme for insolvent pension schemes. Accord- ingly, it appears that members now have the pros- Minister for Enterprise, Trade and Employ- pect of receiving up to 80% of their pension ment (Mr. Martin): In 2006 there were twelve entitlements. IDA led visits by potential investors to the North At the time IFI went into liquidation, the West. Seven of these investors visited County Richardsons scheme (covering the employees in Donegal and three visited Buncrana. IDA Ireland Belfast) had a significant shortfall and was not in is actively marketing the North West, including a position to pay active members (i.e. the County Donegal and the Innisowen Peninsula, employees still working at the time the company for additional investment and jobs through it net- ceased operations) their full entitlements. The work of overseas offices. Target sectors that the regulations applicable in Northern Ireland Agency is pursuing for the region are Medical require that existing pensioners are given priority Technologies; Pharmaceuticals; International and, as a result, they were largely unaffected by Services, including Financial Services, and High the shortfall in the fund. It had been suggested End Engineering. Companies in these sectors not that the active members could receive a figure as alone bring high wage jobs but they have also low as 25% of their accrued benefits. However, it have knock-on benefits in other sectors such as is understood that this estimate did not take supply, distribution and transport, thus creating account of any recovery from the liquidation on further investment and employment oppor- foot of the claim made by the trustees of the tunities for local people in the immediate vicinity scheme. I understand that the liquidator, acting and surrounding areas. on legal advice, admitted this claim and that he I was pleased to announce in March 2006, the has paid out some \7m to the trustees in respect establishment of a new enterprise managed of this claim to date. service centre (EMS) by AssetCo to be based in The specific financial position of the Buncrana. Supported by Enterprise Ireland, the Richardsons’ scheme appears to have arisen pri- project involves an investment of \5.2 million and marily from a combination of the statutory rules will lead to the creation of 130 new jobs. which applied on the winding up of a pension I am confident the strategy and policies being fund in the UK at the time IFI went into liqui- pursued by the Development Agencies, who are dation and a shortfall in the assets of the Belfast working closely with each other to maximize 1837 Questions— 6 February 2007. Written Answers 1838 investment and job opportunities, together with the Foynes-Limerick route and its site boundary the roll out of the new National Development with the N69 providing direct access to southern Plan, will bear fruit in terms of additional invest- ports such as Cork and Rosslare. The completion ment and jobs for the people of the North West, of the Southern Ring Road and the proposed including those living in Donegal and the Inni- Limerick Tunnel will furthermore enable direct sowen Peninsula. road access to Shannon Airport for passenger and freight services and will facilitate access to the 382. Mr. Neville asked the Minister for West and East Coasts including Dublin Port. Enterprise, Trade and Employment his plans for The Askeaton Business Park is marketed business for the provision of employment in busi- through IDA Ireland’s network of overseas ness and industry at the Business Park, Askeaton, offices as a location for international export- County Limerick. [3840/07] orientated projects. Ultimately, however, decisions regarding where to locate a project are Minister for Enterprise, Trade and Employ- taken by investors based on a variety of criteria ment (Mr. Martin): Responsibility for the and on the capability of any particular location to development of property solutions for enterprise support their business needs. Shannon Develop- promotion in the Mid West Region lies with ment is currently reviewing its strategic options in Shannon Development. Responsibility for grant relation to the Askeaton Land Bank. assistance to companies locating in the Region is an operational matter for the relevant develop- Health and Safety Regulations. ment agencies. IDA Ireland is the national 383. Ms O’Sullivan asked the Minister for agency with statutory responsibility for the attrac- Enterprise, Trade and Employment the number tion of foreign direct investment (FDI) to Ireland of inspections carried out by the Health and and its regions (incl. Co. Limerick), while Safety Authority in primary and post primary Enterprise Ireland is now responsible for indigen- schools in 2006; the number of such inspections ous industry in the Mid-West region. Both in each county; and if he will make a statement Shannon Development and IDA Ireland work on the matter. [3997/07] closely together in the development, promotion and marketing of tailored property solutions Minister of State at the Department of throughout the Mid West which includes the Enterprise, Trade and Employment (Mr. Askeaton Business Park. Killeen): I understand from the Health and Safety The Business Park is a Shannon Development- Authority that it carried out school inspections in owned land bank, comprising 228 acres situated 2006 as set out in the following table: on the southern bank of the Shannon Estuary. The site has been identified as an important site County Primary Secondary Vocational/ Total from a business and employment perspective for Schools Schools Technical both Co. Limerick and the wider Region in the Schools Planning and Land Use Transportation Study, the Mid-West Regional Planning Guidelines and the Dublin 11 4 6 21 Limerick County Development Plan. The typical Clare 0202 investment projects which both Shannon Cork0101 Development and IDA Ireland seek to win are in Galway1012 advanced higher-value manufacturing and Kildare 3036 services activities (often containing an R&D element) requiring high-level skills, infrastructure Kilkenny 0077 and advanced business services. This reflects the Kerry 0 0 14 14 changing nature of modern FDI projects whose Limerick 1 3 7 11 primary needs can be summarised as follows: a Monaghan 0505 high-quality serviced environment within proxim- Mayo1214 ity of a critical population mass capable of pro- Offaly 0101 viding a skilled workforce, world-class access Sligo 0011 infrastructure (e.g. road access to key cities, sea ports and international airports), telecommunica- Waterford 2013 tions infrastructure with multiple broadband car- Westmeath 2013 riers and proximity to third level educational Wicklow 0055 institutions including universities and technical Wexford 0011 colleges. The Askeaton Business Park is considered to Totals 21 18 48 87 be nationally significant given its location on the deep-water estuary, proximity to Foynes and Limerick Ports, proximity to urban clusters in Official Travel. Limerick City and Askeaton, railhead access on 384. Mr. Cuffe asked the Minister for 1839 Questions— 6 February 2007. Written Answers 1840

[Mr. Cuffe.] air travel undertaken by me, using commercial Enterprise, Trade and Employment the distance airlines, in the calendar year 2006. In each case, he travelled with a view to determining his carbon the departure date and itinerary are supplied. My footprint, by air using commercial airlines in the Department does not keep a record of distances last year for which figures are available; and if he flown. The Deputy should note that all of the will make a statement on the matter . [4022/07] travel undertaken was done so as part of my Min- isterial functions, in particular in the promotion Minister for Enterprise, Trade and Employ- of Irish economic and business interests. ment (Mr. Martin): Set out below is a list of the

Date

15/01/06 Cork — London Heathrow — Bangalore — Mumbai — London Heathrow — Cork 30/01/06 Cork — Dublin 14/02/06 Dublin — Barcelona — Dublin 23/02/06 Dublin — Cork — Dublin 26/02/06 Dublin — Los Angeles — Seattle — Portland — San Francisco — Los Angeles — Dublin 9/03/06 Dublin — Derry — Dublin — Cork 10/04/06 Cork — Dublin 2/06/06 Dublin — Cork 24/06/06 Dublin — Paris CDG — Tokyo — Beijing — Shanghai — Paris CDG — London Heathrow — Cork 11/07/06 Cork — Dublin 19/07/06 Dublin — New York — Shannon 24/08/06 Dublin — Cork 11/09/06 Dublin — Cork 18/09/06 Cork — Dublin — London Heathrow — Johannesburg — Cape Town — London Heathrow — Cork 12/10/06 Dublin — London Heathrow — Brussels — London Heathrow — Cork 16/10/06 Cork — London Heathrow — Toronto — Ottawa — Montreal — London Heathrow — Cork 27/11/06 Dublin — Chicago — Minneapolis — Indianapolis — Chicago — Shannon

changed to enable them to work without the Work Permits. requirement of an Employment Permit. 385. Ms Lynch asked the Minister for Departmental Contracts. Enterprise, Trade and Employment the status of 386. Mr. F. McGrath asked the Minister for a person (details supplied) regarding the take up Enterprise, Trade and Employment the contracts of employment here. [4066/07] won by a company (details supplied) for his Department and bodies under the aegis of his Department since 2000; the value of these con- Minister for Enterprise, Trade and Employ- tracts; and if these contracts were properly adver- ment (Mr. Martin): Until her marriage is contrac- tised in a transparent way. [4546/07] ted, the Romanian national to whom the Deputy refers will require an Employment Permit in Minister for Enterprise, Trade and Employ- order to work in Ireland. Spouses of Irish citizens ment (Mr. Martin): The following table supplies may apply to the Department of Justice, Equality the information requested by the Deputy in and Law Reform to have their immigration status relation to the details of contracts carried out by Indecon, Economic Consultant since 2000.

2001

Name of Consultants Purpose of Consultancy Total Cost for Was the Year Contract advertised in a transparent way?

£

Indecon/Enviros Consulting Forfas Commissioned a study on the 60,000.00 Yes Limited Competitiveness of the enterprise sector and the use of taxation and negotiated agreements for reducing green house gas emissions in Ireland 1841 Questions— 6 February 2007. Written Answers 1842

2002

Name of Consultants Purpose of Consultancy Total Cost for Was the Year Contract advertised in a transparent way?

\

Indecon International Economic Overall Review of Active Labour Market 57,130.00 Yes Consultants Programmes Indecon Background Research and Analysis for the 140,000 Yes Competition Authority’s Professions Studies.

2003

Name of Consultants Purpose of Consultancy Total Cost for Was the Year Contract advertised in a transparent way?

\

Indecon/Enviros Consulting Payment made to Department of Environment, 49,308.00 Yes Limited Heritage and Local Government for part contribution to Environment Protection Agency commissioned study relating to the preparation of Irelands First National Allocation Plan Indecon Mid-Term Review of the Productive Sector OP 173,358.00 Yes

2004

Name of Consultants Purpose of Consultancy Total Cost for Year Was the Contract advertised in a transparent way?

Indecon International Review of National Employment Action Plan \39,811.00 first payment (the Yes Economic Consultants Preventative Strategy review was jointly funded by DETE, FAS & DSFA, costing \167,706.00

2005

Name of Consultants Purpose of Consultancy Total Cost for Year Was the Contract advertised in a transparent way?

Indecon International Economic Economic Impact Assessment on the \79,376.00 Yes Consultants impact of Health and Safety legislation on competitiveness and the economy Indecon International Economic Review of National Employment Action \53,082 — final payment Yes Consultants Plan Preventative Strategy of (the review was jointly funded by DETE, FAS & DSFA, costing \167,706.00 1843 Questions— 6 February 2007. Written Answers 1844

[Mr. Martin.]

2006

Name of Consultants Purpose of Consultancy Total Cost for Year Was the Contract advertised in a transparent way?

Indecon International Economic Impact Assessment on \39,688.00 Yes Economic Consultants occupational health and Safety legislation and its effect on competitiveness and the economy Indecon Efficiency and Effectiveness Study of \152,599 shared between Yes Vocational Training and Rehabilitative DETE, Dept of Health & Training Services for People with Children and FA´ S. Disabilities provided by Specialist Training Payments made by DETE Providers were \45,779.70 in 2006 & \5,086.60 in 2007 (final payment) Total:\50,866.30

Social Welfare Benefits. Participation on a drug treatment programme does not in itself result in a reduction in support 387. Mr. P. Breen asked the Minister for Social under the rent supplement scheme. However, the and Family Affairs the reason rent was suspended amount of rent supplement payable in any indi- for a person (details supplied) in County Clare; vidual case is subject to a means test. Payments and if he will make a statement on the matter. are normally calculated to ensure that the person, [3407/07] after the payment of rent has an income equal to the SWA basic weekly payment rate, less \13. Minister for Social and Family Affairs (Mr. This \13 represents the minimum contribution Brennan): The supplementary welfare allowance which recipients are require d to pay from their scheme, which is administered on my behalf by own resources. The regulations governing rent the community welfare division of the Health supplement stipulate, that in general, in addition Service Executive, provides for the payment of a to the minimum contribution, recipients are also rent supplement to assist eligible people who are required to contribute towards their rent any unable to provide for their immediate accom- additional assessable means that they have over modation needs from their own resources and and above the appropriate basic supplementary who do not have accommodation available to welfare allowance rate. them from any other source. The Executive has advised that it recently completed a routine In recent years a number of measures have review of the amount of rent supplement payable been introduced in the rent supplement scheme to the person concerned and that following this for those wishing to take up either an employ- review; it has decided that payment will continue ment or training opportunity to assist in the tran- at its existing rate. The Executive has further sition from welfare to work. These measures aim advised that payment of rent supplement to the to be responsive to the needs of those who person concerned was not suspended during the depend on income supports while providing course of this review. incentives to assist people to become more finan- cially independent. 388. Mr. Durkan asked the Minister for Social Where a person has an additional income as a and Family Affairs if participation in drug treat- result of participation on a training course or ment programmes will result in rent support from part-time employment the means test for reduction; and if he will make a statement on the the rent or mortgage interest supplement scheme matter. [3487/07] provides for a weekly “additional income dis- regard” of up to \60 per week of additional Minister for Social and Family Affairs (Mr. income with half of any additional income Brennan): The supplementary welfare allowance between \60 and \90 also disregarded for means scheme, which is administered on my behalf by assessment purposes. For those participating in the community welfare division of the Health approved training courses, any lunch or travel Service Executive, provides for the payment of a allowances that are paid may also be disregarded. rent supplement to assist eligible people who are In addition where a person has additional income unable to provide for their immediate accom- from part-time employment which has been modation needs from their own resources and deemed by the Executive to be of a rehabilitative who do not have accommodation available to nature, up to \120 per week of additional income them from any other source. may be disregarded. 1845 Questions— 6 February 2007. Written Answers 1846

Pension Provisions. million payments were issued to social welfare \ 389. Ms Shortall asked the Minister for Social customers through post offices at a cost of 48 and Family Affairs the reason for the delay in million. deciding an application for a non-contributory My objective is to ensure that a wide choice of old age pension in respect of a person (details payment options is available to customers of my supplied) in Dublin 11 in view of the fact that the Department and that service is continually application was made in August 2006; and if he improved by providing access to an increasing will take steps to ensure that this matter is sorted range of payment services. Customers opt for a without further delay. [3454/07] particular payment method having regard to their own circumstances. Currently 52% of overall Minister for Social and Family Affairs (Mr. customers have chosen to receive payment Brennan): State Pension (Non-Contributory) is a through their local post office, 9% are paid by means tested payment and all income is assess- cheque through the postal system and 39% have able as means. This includes cash income, private chosen to be paid electronically to their bank or pensions, foreign pensions, the value of any prop- building society account. erty (excluding the claimant’s own home) and the At the end of 2006 a total of 851 customers value of any investments and capital which the were in receipt of Widow & Widowers One claimant may have. A pensioner is obliged to Parent Family payment. Of these, 194 were paid declare all means, and to inform this Department by Electronic Fund Transfer (EFT) to an account of any change in his/her circumstances. in a financial institution, 580 were paid by book In this customer’s cases the file was forwarded at a local Post Office and the remaining 77 to the Social Welfare Inspector for the area customers were paid by Electronic Information where the customer resided at that time. Transfer (EIT) using their Social Services Card at However the Inspector was unable to locate the the local Post Office. customer as enquiries showed that he had entered All other Lone Parent customers are paid by hospital. Follow-up efforts by the Social Welfare electronic or manual postdraft and my Depart- Inspector to interview the customer at the ment initiated the transfer from book format to hospital were unsuccessful as he had moved to a electronic payment methods for Widow & Wid- nursing home. Recent enquiries indicate that the owers One Parent Family customers with effect customer is now residing in a nursing home from 16th February 2007. These customers have nearer to his original residence. in the main opted for electronic payment by EFT As a result, the file has been referred to the at the Post Office. Local Officer for that area, who will arrange to call to the customer shortly to access his means. Payments made to Widows and Widowers One On completion of all enquiries a decision will be Parent Families by EIT are held at the Post made and the customer will be notified of the Office and are available for collection for 12 days outcome. from the due date. Where a payment is not col- lected on time and has been returned to the Department, replacement payment is made by Social Welfare Benefits. cheque to the person’s home address where there 390. Dr. Cowley asked the Minister for Social is a valid reason for non-collection. and Family Affairs if his Department is operating An added feature of this payment method is a policy of assisting in the closure of rural post that a person can also avail of a Household offices in view of the changes of allowance pay- Budgeting facility. This is a facility provided by ments to persons; and if he will make a statement An Post whereby persons being paid by EIT can on the matter. [3617/07] make arrangements with An Post to pay a regular amount towards various household bills by direct 391. Dr. Cowley asked the Minister for Social deduction from their weekly payment. and Family Affairs the reason he has changed the I know that An Post is conscious of the need to payment method of allowances to widows and modernize payment systems. Recent and ongoing widowers from book format to swipe card format development will enable An Post to respond to thus reducing the collections time of the allow- ance from three weeks to five days; and if he will changes and innovation in the money trans- make a statement on the matter. [3620/07] mission market so that it can maintain its position as a leading player in this area of commercial Minister for Social and Family Affairs (Mr. activity and thus ensure a viable network of post Brennan): I propose to take Questions Nos. 390 offices throughout the country. and 391 together. An Post and my Department have been part- It is Government policy to maintain a viable ners in the delivery of social welfare payments network of post offices throughout the country since the foundation of the State and there is no and my Department has no policy of assisting in reason why this cannot continue, albeit in a the closure of offices. In 2006 approximately 39 changing payments environment. 1847 Questions— 6 February 2007. Written Answers 1848

Social Welfare Appeals. the habitual residence condition, while more than 13,000 claims were successful during the same 392. Mr. Ring asked the Minister for Social and period. Those who are refused are mainly persons Family Affairs when a person (details supplied) whose claim to asylum has not yet been finalised, in County Mayo will be called for an oral hear- who do not have a work permit or who have a ing. [3678/07] minimal attachment to the workforce in Ireland. Minister for Social and Family Affairs (Mr. Asylum seekers are provided with direct pro- Brennan): The person’s application for carer’s vision accommodation and can also avail of allowance was disallowed by a Deciding Officer exceptional needs payments from the local on the grounds that the care recipient was not so Health Board for the period that their asylum invalided or disabled as to require full time care application is being processed and as a result it and attention as laid down in the carer’s allow- is considered that their welfare and that of their ance legislation. The case has been referred to the children is provided for. Social Welfare appeals office and, In accordance The operation of the habitual residence con- with the statutory requirements the relevant dition in my Department continues to be moni- departmental papers, including a submission from tored on an ongoing basis. The reason for the the Deciding Officer, were sought. The papers introduction of the HRC in May 2004 — to have now been referred to an Appeals Officer ensure that persons who have not worked in who proposes to hold an oral hearing in the case. Ireland or who have not established their habitual The hearing will be arranged as soon as possible. residence in Ireland should not avail of assistance Under Social Welfare Legislation decisions in schemes or child benefit — continues to be relation to claims must be made by Deciding relevant. Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard Social Welfare Appeals. to making such decisions. 394. Mr. Durkan asked the Minister for Social and Family Affairs the position in relation to the Social Welfare Benefits. invalidity pension appeal in the case of a person 393. Mr. Stanton asked the Minister for Social (details supplied) in County Kildare; and if he and Family Affairs if his Department has conduc- will make a statement on the matter. [3704/07] ted a study into the impact of the non-payment of child benefit to children of asylum seekers as Minister for Social and Family Affairs (Mr. a result of the habitual residence condition; the Brennan): An Appeals Officer has decided that number of children who are not receiving child the person concerned is not entitled to invalidity benefit as a result of this condition; his plans to pension as the statutory contribution conditions allow payment of child benefit to these children; for this pension are not fulfilled. The person con- and if he will make a statement on the matter. cerned was informed of this decision by letter [3700/07] dated 30th January, 2007. Under Social Welfare legislation the decision of the Appeals Officer is Minister for Social and Family Affairs (Mr. final and conclusive and may only be revised: Brennan): The requirement to be habitually resi- (a) in the light of some error having been dent in Ireland was introduced as a qualifying made as to the law or the facts, or condition for certain social assistance schemes and child benefit with effect from 1st May 2004. (b) in the event of new evidence having been It was introduced in the context of the Govern- submitted which would warrant a revision of ment’s decision to open the Irish labour market the decision. to workers from the new EU Member States The person concerned does, however, continue to without the transitional limitations which were be entitled to disability allowance at the being imposed at that time by many of the other maximum personal rate. Member States. The effect of the condition is that a person whose habitual residence is elsewhere is Social Welfare Benefits. not paid social welfare payments on arrival in Ireland. 395. Dr. Upton asked the Minister for Social EU Regulations provide that migrant workers and Family Affairs the reason a person (details who are EEA nationals, i.e. EEA nationals who supplied) in Dublin 10 is not entitled to the back have been employed since coming to this country, to school allowance; and if he will make a state- are entitled to payment of family benefits under ment on the matter. [3780/07] the same conditions as Irish nationals and the habitual residence condition does not apply in Minister for Social and Family Affairs (Mr. their case. Approximately 1550 claims to Child Brennan): The Back to School Clothing and Benefit for some 2200 children have been refused Footwear Allowance (BSCFA) Scheme is admin- since May 2004 as the applicant did not satisfy istered on behalf of my Department by the Com- 1849 Questions— 6 February 2007. Written Answers 1850 munity Welfare division of the Health Service tate further this mobility. The extension of the Executive. scheme to allow the pass holder’s companion to A person may qualify for payment of a back to travel alone would not be in keeping with this school clothing and footwear allowance if he or objective. she is in receipt of a social welfare or health service executive payment, is participating in an Question No. 397 withdrawn. approved employment scheme or attending a recognised education or training course, and has Social Welfare Code. household income at or below certain specified levels. The weekly income limit appropriate to a 398. Ms Cooper-Flynn asked the Minister for single person with one child when the application Social and Family Affairs the reason all stock was made in 2006 was \314.90. purchases conducted in the 12 month assessment The Health Service Executive has advised that period are not taken into account when assessing it has disallowed an application by the person farm income to determine eligibility for social concerned in August 2006 as her household welfare allowances; and the reason all sales in the income was above the prescribed limit for entitle- assessment period are taken into account, if all ment to the allowance. purchases are not. [3988/07] The person concerned was advised by the HSE Executive of the decision and she was also Minister for Social and Family Affairs (Mr. informed of her right to appeal. No appeal has Brennan): For the purpose of assessing a farmer’s been received by the Executive. income for Social Welfare purposes, account is taken of his/her expected annual income i.e. the 396. Dr. Cowley asked the Minister for Social normal output appropriate to normal stock levels, and Family Affairs if he will review an anomaly capacity, and market trends less all normal costs which exists within the travel pass system (details necessarily incurred. However, where exceptional supplied); his views on whether this is a flaw in circumstances create a difference between this the system; and if he will make a statement on projected figure and the return for the previous the matter. [3986/07] year (e.g. the number of cattle sold in the last year is different from the normal number sold in Minister for Social and Family Affairs (Mr. the course of a year), or where the method of Brennan): The free travel scheme is available to farming has been changed, such circumstances all people living in the State aged 66 years or will be considered. A person who is dissatisfied over. All carers in receipt of carer’s allowance with a decision in relation to means may appeal and carers of people in receipt of constant attend- against it to the independent Social Welfare ance or prescribed relative’s allowance, regard- Appeals Office. less of their age, receive a free travel pass. It is also available to people under age 66 who are in receipt of certain disability type welfare pay- Official Travel. ments, such as disability allowance, invalidity 399. Mr. Cuffe asked the Minister for Social pension and blind person’s pension. People resi- and Family Affairs the distance he travelled with dent in the State who are in receipt of a social a view to determining his carbon footprint, by air security invalidity or disability payment from a using commercial airlines in the last year for country covered by EU Regulations, or from a which figures are available; and if he will make a country with which Ireland has a bilateral social statement on the matter. [4028/07] security agreement, and who have been in receipt of this payment for at least 12 months, are also Minister for Social and Family Affairs (Mr. eligible for free travel. Brennan): During the twelve month period end- Spouses of travel pass holders may travel on ing 31 December 2006, I undertook four inter- the same journey with their partner at no cost to national business trips via commercial airline, to them. In addition, the free travel companion pass the following destinations — New York, Edin- entitles the pass holder to have any one person, aged 16 years or over, to accompany him/her free burgh, Boston, and London Heathrow. Each of of charge when travelling. Such companion passes these were return flights originating from Dublin. are available to persons who qualify for free I also travelled on a single flight from Cork to travel and who, on account of their disability, are Dublin. unable to travel alone. In addition, I undertook five EU business trips The main objective of the free travel scheme is via Government Jet, on return flights from Bal- to encourage older people and people with dis- donnel, to the following destinations — Brussels, abilities to remain independent and active in the Lisbon, Helsinki, Luxembourg and Villach in community, thereby reducing the need for insti- Austria. Finally, one domestic business trip was tutional care. The purpose of allowing pass hold- made via helicopter, on a return flight from ers to be accompanied while travelling is to facili- Dublin to Co. Roscommon. 1851 Questions— 6 February 2007. Written Answers 1852

Social Welfare Benefits. suited to the persons needs and the rent payable is within the prescribed limits. 400. Mr. English asked the Minister for Social Under the Residential Tenancies Act 2004, ten- and Family Affairs his plans to review the system ants must satisfy a number of obligations includ- for making child benefit payments in order to ing not engaging in or allowing anti-social behav- make it easier for fathers to claim the pay- iour. Prohibited anti-social behaviour includes ment. [4062/07] behaviour that interferes with other people’s peaceful occupation as well as more serious Minister for Social and Family Affairs (Mr. behaviour that causes fear, danger, injury, Brennan): Child benefit (CB) is currently paid to damage or loss. Under the Residential Tenancies one parent with priority given to the mother in Act, the landlord must also satisfy a number of determining which parent is entitled to the obligations including the enforcement of the ten- benefit, although payment may be transferred to ant’s obligations. the child’s father with the mother’s consent. Accordingly, in the case of private rented Where parents are separated, payment is made to accommodation, anti social behaviour by a tenant the parent with whom the child resides for the is a matter for the landlord in the first instance. majority of the time. CB is paid to the child’s There are a number of avenues open to landlords mother in cases of joint equal custody. in such cases, including the mediation service for In the context of significant social changes landlords and tenants operated by the Private which have taken place in recent years, a number Residential Tenancies Board. If necessary, the of issues have arisen in relation to the rules which landlord may seek termination of the tenancy govern the payment of child benefit. These rules which, if implemented, would result in the are currently being reviewed within my termination of rent supplement. Department. If the landlord does not enforce the tenant’s In addition, my Department is engaged in obligations, any other person who is adversely carrying out a technical review of the entire social affected as a result can bring a complaint to the welfare code to examine its compatibility with the Private Residential Tenancies Board about the Equal Status Act 2000 (as amended). The review failure. will examine the schemes and services provided for both in social welfare legislation, including Consultancy Contracts. child benefit, and the administrative schemes operated by the Department. It is intended to 402. Mr. F. McGrath asked the Minister for identify any instances of direct or indirect dis- Social and Family Affairs the contracts won by crimination on any of the nine grounds under the a company (details supplied) for his Department Act, including gender, marital status and family bodies under the aegis of his Department since status, where such discrimination is not justified 2000; the value of these contracts; and if these by a legitimate social policy objective or where contracts were properly advertised in a trans- the means of achieving that objective are either parent way. [4552/07] unnecessary or inappropriate. Minister for Social and Family Affairs (Mr. 401. Mr. Gormley asked the Minister for Social Brennan): My Department paid EUR 39,812 to and Family Affairs if his attention has been the company concerned in 2005 as its contri- drawn to a situation (details supplied); if his bution to a joint project with FAS and the Department is responsible for resolving such Department of Enterprise, Trade and Employ- situations; if he has powers to ensure the landlord ment and FAS which was the contracting auth- acts to resolve the situation; and if he will make ority. The contract was awarded following a a statement on the matter. [4182/07] public procurement exercise.

Minister for Social and Family Affairs (Mr. Airport Development Projects. Brennan): The supplementary welfare allowance 403. Mr. Kenny asked the Minister for Trans- scheme, which is administered on behalf of my port if the expansion plan at Dublin Airport, as Department by the Health Service Executive, part of the National Development Plan 2007 to provides for the payment of a weekly or monthly 2013, will be subject to a cost benefit analysis; supplement in respect of rent to eligible tenants when this will be undertaken; when it will be pub- in the State whose means are insufficient to meet lished; and if he will make a statement on the their accommodation needs. matter. [3416/07] In order to qualify for rent supplement a tenant must satisfy a number of conditions. They must Minister for Transport (Mr. Cullen): As I have be a bona fide tenant, must be habitually resident previously stated, proposals in relation to the in the State, must have a housing need and must development of Dublin Airport are, in the first satisfy a means test. In addition, the Executive instance, a matter for the Dublin Airport Auth- must be satisfied that the accommodation is ority (DAA) which has statutory responsibility to 1853 Questions— 6 February 2007. Written Answers 1854 manage, operate and develop the airport and to sumer Affairs, a body which is within the remit provide such facilities and services as it considers of my colleague the Minister for Enterprise necessary for aircraft and passengers. Accord- Trade & Employment. ingly, the issue of cost benefit analysis in relation to proposed expansion projects at Dublin Airport State Airports. is a matter which falls within the responsibility of the management and board of the DAA. The 406. Ms O. Mitchell asked the Minister for DAA, of course, are required to comply with the Transport the steps he will take in response to capital appraisal guidelines issued by the Depart- the Dublin Airport Authority demand for co- ment of Finance and responsibility for com- ordination in respect of flight schedules prior to pliance with the guidelines rests with the Board summer 2007. [3435/07] of the company. Minister for Transport (Mr. Cullen): The Com- Departmental Bodies. mission for Aviation Regulation has responsi- bility for deciding the scheduling status of Irish 404. Mr. P. Breen asked the Minister for Trans- airports in accordance with European Com- port the progress made in furthering the proposal munity rules. I do not have any function in the to establish a coastguard unit in Kilkee, County matter. Clare, through the provision of a permanent I understand that the Commission is under- station house and ancillary funding; and if he will taking an analysis of the capacity situation at make a statement on the matter. [3431/07] Dublin airport with a view to taking a decision on the future scheduling status of the airport shortly. Minister of State at the Department of Trans- port (Mr. Gallagher): The Irish Coast Guard of the Department is actively seeking to acquire a Rescue Service. suitable site for construction of a new Station 407. Mr. J. Breen asked the Minister for Trans- House for the Kilkee Coast Guard Unit. Site port further to Parliamentary Question No. 1102 acquisition has to date proved difficult. The Coast of 27 September 2006, if progress has been made Guard funds all costs of the Kilkee Unit, and of in the acquisition of a site for the Doolin coastal all 54 similar Units around the country, for unit, in view of his response in September stating accommodation, equipment and training as well he then considered the acquisition to be a matter as for exercise and call-out allowances. of urgency; and if he will make a statement on the matter. [3446/07] Consumer Protection. 405. Ms O. Mitchell asked the Minister for Minister of State at the Department of Trans- Transport his views on the failure of some airlines port (Mr. Gallagher): Additional temporary to refund taxes paid on flights which have been accommodation has been provided for the Doolin cancelled by the consumer; if there is a mechan- Coast Guard Unit, however the need for ism which can address this anomaly; and if he will improved permanent accommodation remains. make a statement on the matter. [3796/07] Coast Guard Management in conjunction with the OPW are actively looking for a suitable site 411. Ms O. Mitchell asked the Minister for in the locality. Transport his views on the failure of some airlines to refund taxes paid on flights which have been Public Transport. cancelled by the consumer; and if he will make a 408. Mr. McHugh asked the Minister for Trans- statement on the matter. [3795/07] port if funding will be made available by his Minister for Transport (Mr. Cullen): I propose Department in 2007 to Galway County Council to take Questions Nos. 405 and 411 together. for a project (details supplied) in County Galway; There are no Government taxes levied on and if he will make a statement on the matter. flights out of Ireland. However, I am aware that [3668/07] other countries, including the United Kingdom, impose these taxes. 410. Mr. Connaughton asked the Minister for Taxes are generally imposed by Government, Transport if he has received a proposal from whereas charges are imposed by airports or air- Galway County Council to provide funding for a lines. Different airlines have different policies on bus corridor at or near Claregalway, County refunds. Some airlines will offer a refund of all Galway; if he has received plans from Galway taxes, fees and charges and I understand that County Council to provide traffic roundabouts some will offer a refund of only the government between Claregalway and the nearest traffic taxes element of the ticket. roundabouts to Galway city on the Tuam road; Essentially this is a consumer issue and would the steps that must be taken by the local authority be a matter for the Office of the Director of Con- to seek such funding; if the National Roads Auth- 1855 Questions— 6 February 2007. Written Answers 1856

[Mr. Connaughton.] Rural Transport Initiative. ority have a function in same; and if he will make 413. Mr. Wall asked the Minister for Transport a statement on the matter. [3779/07] if, in the guidelines issued by his Department to the rural transport initiatives programmes, there Minister for Transport (Mr. Cullen): I propose is a clear directive that such initiatives must to take Questions Nos. 408 and 410 together. include hospitals as one of the terminals within In 2006, I approved a request from Galway the routes chosen; if not, if he will investigate the County Council for funding to develop a QBC on provision of such a directive; and if he will make the N17 from the Parkmore junction to the junc- a statement on the matter. [3995/07] tion with the N6 at the Font Roundabout. However, the County Council subsequently Minister of State at the Department of Trans- reconsidered its plans, and eventually altered the port (Mr. Gallagher): Following the completion design to a dualway. As part of the dualway, the of the pilot phase of the Rural Transport Initiat- inside lane would be reserved as a QBC. I under- ive (RTI) at the end of 2006, work is now stand that the County Council is in discussions underway to mainstream the scheme in line with with the City Council regarding its proposals. Government decisions in the matter. When the Councils have reached agreement on Pobal administers the scheme on behalf of my their plans, funding will be a matter to be con- Department and, together with the individual sidered by the County Council, the City Council, community transport groups funded under the my Department, and the NRA. scheme, is solely responsible for all the oper- Galway County Council has also produced pro- ational aspects of the scheme, including the spec- posals to develop a south-bound QBC on the N17 ific services to be provided, the places to be from the Kinincha junction north of Claregalway served and the methods of provision. The RTI has been based to date on the sound to the N18 junction for Oranmore, and is design- principle that local people know best what trans- ing a north-bound QBC from the Cregboy junc- port services they need. It is intended to maintain tion to the N18. My Department has agreed to this principle in the mainstreaming process, the allocate funding for these works in 2007. details of which I intend to announce shortly.

National Car Test. Official Travel. 409. Ms Shortall asked the Minister for Trans- 414. Mr. Cuffe asked the Minister for Trans- port the requirements of the national car testing port the distance he travelled with a view to service to send out renewal of certification determining his carbon footprint, by air using notices to car owners; if this notification service commercial airlines, in the last year for which fig- has stopped; and if so, the reason therefore. ures are available; and if he will make a statement [3774/07] on the matter. [4030/07]

Minister for Transport (Mr. Cullen): Under the Minister for Transport (Mr. Cullen): Over the Road Safety Authority Act 2006 (Conferral of period, January 2006 to December 2006, I trav- Functions) Order 2006 (S.I. No. 477 of 2006) the elled a total of 49,563 km on commercial airlines. Road Safety Authority has responsibility for matters relating to vehicle testing, including the Road Traffic Accidents. National Car Testing Service. 415. Mr. J. Breen asked the Minister for Trans- port the number of road traffic accidents that Question No. 410 answered with Question were recorded on the N85 between Ennis and No. 408. Ennistymon in 2005 and 2006; and if he will make a statement on the matter. [4043/07] Question No. 411 answered with Question No. 405. Minister for Transport (Mr. Cullen): Statistics relating to road accidents are based on infor- Departmental Correspondence. mation provided by the Garda Sı´ocha´na. They are published by the National Roads Authority 412. Cecilia Keaveney asked the Minister for (NRA) in their annual Road Accident Facts Transport the position on a letter (details reports. The most recent report, now entitled supplied) for a person in County Donegal; and if “Road Collision Facts”, relates to 2004 and is he will make a statement on the matter. available in the Oireachtas Library and on the [3992/07] NRA website. Responsibilities for the collection of structured Minister for Transport (Mr. Cullen): A information on road safety, including the publi- response will issue from my office to the person cation of the annual Road Collision Facts Report, concerned later this week. now lies with the newly established Road Safety 1857 Questions— 6 February 2007. Written Answers 1858

Authority. I understand that the statistics relating Transport the contracts won by a company to 2005 are currently being analysed and auth- (details supplied) for his Department and bodies enticated in preparation for publication. The under the aegis of his Department since 2000; the statistics relating to 2006 are still being compiled. value of these contracts; and if these contracts I expect to receive the 2005 Report from the were properly advertised in a transparent way. Road Safety Authority shortly and I will lay it [4553/07] before the Houses as soon as possible thereafter. Minister for Transport (Mr. Cullen): Infor- I do not hold any specific information on the mation in relation to contracts awarded by my number of accidents recorded on any particular Department is summarised in the following table. stretch of road for any specific period. This infor- All contracts were advertised in accordance with mation may be available directly from the Garda. Government procurement guidelines. Consultancy contracts entered into by bodies under the aegis of my Department are day to day Consultancy Contracts. operational matters for such bodies and I have no 416. Mr. F. McGrath asked the Minister for function in the matter.

Tender Nature of Consultancy Value of Method of advertisement Advertised contract

\

2000 Implications for Ireland of the proposed draft 76,667 A tendering process was carried out and Directive on Working Time for Mobile approval of the Government Contacts Workers in the Transport Industry Committee was given. 2002 Mid-Term Evaluation of the Economic and 263,769 Open public competition Social Infrastructure Operational Programme (ESIOP) 2005 Update Evaluation of the Economic and 111,139* Open public competition Social Infrastructure Operational Programme (ESIOP) 2006 Appraisal of proposal for funding under the 169,950 Notice advertised in the supplement to the Regional Airports Capital Expenditure Official Journal of the European Grant Scheme Communities (2006/S 131-140586 published on the 13th July 2006) *While the value of the contract was \111,139, the total amount paid out was \107,125. \ Regional Drugs Task Forces. plans, currently estimated to cost 14.1m on an annual basis. 417. Mr. Durkan asked the Minister for Com- Overall, significant progress was made by the munity, Rural and Gaeltacht Affairs the number RDTFs in the implementation of their strategic of applications for funding received under the plans in 2006. I am confident that they will con- RDTF; the number successful; the extent to tinue to build on this to achieve accelerated pro- which those unsuccessful are expected to receive gress, and increased impact, over the coming funding in the future; and if he will make a state- year. ment on the matter. [3490/07] 418. Mr. Durkan asked the Minister for Com- Minister of State at the Department of Com- munity, Rural and Gaeltacht Affairs the number munity, Rural and Gaeltacht Affairs (Mr. N. of applications for funding received under the Ahern): The Regional Drugs Task Forces RDTF; the number successful; the extent to (RDTFs) are charged with researching, which those unsuccessful are expected to receive developing, implementing and monitoring a co- funding in the future; and if he will make a state- ordinated response to illicit drug use in their ment on the matter. [3491/07] areas. Each of the ten RDTFs produced strategic plans for their respective regions and they have Minister of State at the Department of Com- munity, Rural and Gaeltacht Affairs (Mr. N. now begun the process of implementing specific Ahern): The Regional Drugs Task Forces actions identified in those plans. \ (RDTFs) are charged with researching, In 2006, approximately 4.175m was expended developing, implementing and monitoring a co- by the RDTFs on around 90 projects. By and ordinated response to illicit drug use in their large, this expenditure was in relation to specific areas. Each of the ten RDTFs produced strategic initiatives identified in their strategic plans, plans for their respective regions and they have though they also have a small grants fund of now begun the process of implementing specific \30,000 each available to them. It is envisaged actions identified in those plans. that funding will be increased on an incremental In 2006, approximately \4.175m was expended basis to achieve the full roll-out of the RDTF by the RDTFs on around 90 projects. By and 1859 Questions— 6 February 2007. Written Answers 1860

[Mr. N. Ahern.] and if he will make a statement on the matter. large, this expenditure was in relation to specific [3785/07] initiatives identified in their strategic plans, though they also have a small grants fund of Minister for Community, Rural and Gaeltacht \30,000 each available to them. It is envisaged Affairs (E´ amon O´ Cuı´v): The pay, terms and con- that funding will be increased on an incremental ditions of employment for staff employed by basis to achieve the full roll-out of the RDTF Pobal are a matter, in the first place, for the plans, currently estimated to cost \14.1m on an Board of Pobal. annual basis. However, I understand that the rates of pay are Overall, significant progress was made by the such that all employees of Pobal are paid at levels RDTFs in the implementation of their strategic above the minimum wage. plans in 2006. I am confident that they will con- tinue to build on this to achieve accelerated pro- Official Travel. gress, and increased impact, over the coming 421. Mr. Cuffe asked the Minister for Com- year. munity, Rural and Gaeltacht Affairs the distance he travelled with a view to determining his carbon Draft Regulations. footprint, by air using commercial airlines in the 419. Mr. Lowry asked the Minister for Com- last year for which figures are available; and if he munity, Rural and Gaeltacht Affairs if he is con- will make a statement on the matter. [4019/07] sidering amendments to the draft regulations recently published by his Department (details Minister for Community, Rural and Gaeltacht supplied); when he will sign the regulations into Affairs (E´ amon O´ Cuı´v): The Deputy may esti- law; and if he will make a statement on the mate my carbon footprint from the following matter. [3474/07] information:

Minister for Community, Rural and Gaeltacht March 2006: Affairs (E´ amon O´ Cuı´v): As I have previously Dublin — London Heathrow — Bangkok indicated to this House, these regulations have — Auckland been published and laid before each House of the Auckland — Tauranga — Wellington — Oireachtas in draft form. This was in order to give Christchurch — Auckland Deputies and Senators the opportunity to debate Auckland — Bangkok — London Heathrow the draft regulations and to make suggestions for — Dublin amendments, if they so wish, before I sign them. I indicated at the time of their publication that April 2006: I would also welcome input from Irish language Indreabha´n — Inis Mea´in — Indreabha´n organisations and the wider public. Inis Mea´in — Indreabha´n I had the opportunity to debate the draft regu- lations with the Joint Committee on Arts, Sport, May 2006: Tourism, Community, Rural and Gaeltacht Dublin — Manchester — Dublin Affairs Stage on 29 November 2006 and again on Indreabha´n—InisOı´rr — Indreabha´n 13 December 2006. Both Houses of the Oireachtas approved the draft regulations on the Indreabha´n — Inis Mea´in — Indreabha´n 14 December 2006. Members of the Joint Com- Donegal — Dublin mittee made a number of suggestions for amend- ment to the Regulations and I am currently con- July 2006: sidering these and other suggestions for Dublin — East Midlands Airport — Dublin amendment that have been made to my Department. August 2006: In addition my Department has recently writ- Dublin — JFK — Chicago — Dublin ten to each of the 660 public bodies that come within the scope of the Official Languages Act January 2007: giving them the opportunity to make any com- Shannon — London ments or suggestions on the draft regulations they London — Shannon might wish to offer. I intend to make a further announcement in relation to these draft regu- Consultancy Contracts. lations shortly. 422. Mr. F. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the con- Community Development. tracts won by a company (details supplied) for 420. Mr. Ferris asked the Minister for Com- his Department and bodies under the aegis of his munity, Rural and Gaeltacht Affairs if his Department since 2000; the value of these con- Department has given clearance to Pobal to pay tracts; and if these contracts were properly adver- its workers in line with the new minimum wage; tised in a transparent way. [4543/07] 1861 Questions— 6 February 2007. Written Answers 1862

Minister for Community, Rural and Gaeltacht The EU Regulations 2073/04 and 1881/2006 Affairs (E´ amon O´ Cuı´v): The Deputy will be which set maximum levels of contaminants, aware that the Department of Community, Rural, including Mycotoxins in foodstuffs, do not and Gaeltacht Affairs was established in June require the testing of cheese for such mycotoxins. 2002. However, the premises to which the question My Department has made available on its web- refers are considered to be in the priority cate- site details regarding consultancies (excepting gory for inspection and sampling based on risk those of a minor value, i.e. less than \5,000 assessment carried out by my Department. The excluding VAT) relating to the period since its premises are therefore subject to regular audits establishment in June 2002 up to the end of and surveillance inspections by my Depart- December 2006. The relevant link, which will ment’s inspectorate. take the Deputy directly to these details, is: The European Food Safety Authority has http://www.pobail.ie/en/CorporateSupport given a recent undertaking to carry out a risk Services/Finance/Consultancies analysis on possible penetration of a mycotoxin Two contracts were awarded during the period from mould into cheese. My Department will act June 2002-December 2006 to the company on the recommendations arising out of any such referred to by the Deputy. The values of the con- risk analysis. tracts were \99,559 and \94,235, respectively. For the Deputy’s convenience, I have arranged for Farm Waste Management. details regarding the contracts in question to be 424. Mr. Naughten asked the Minister for Agri- sent directly to him at his Oireachtas e-mail culture and Food the steps she is taking to address. address the delay in processing the farm waste In the case of both contracts, a restricted management grant scheme; when the 2007 cost- tender procedure was utilised in line with the ings will be available; and if she will make a state- public procurement guidelines that apply to con- ment on the matter. [4057/07] tracts with a value above \50,000 and below the threshold for advertising in the Official Journal Minister for Agriculture and Food (Mary of the EU. Both of the contracts in question were Coughlan): The revised Farm Waste Manage- in this category of expenditure. The procedure ment Scheme, which was launched by my Depart- entailed circulation of the request inviting the ment in March 2006, closed for applications at the submission of tenders to at least five suitably end of December 2006. A total of 48,580 appli- qualified firms in each case. Both contracts were cations have been received by my Department awarded on the basis of objective criteria and a under the Scheme and these applications are cur- comparative assessment of tenders. rently being processed. It is my intention to pro- Bodies coming within the ambit of my Depart- cess these applications as soon as possible and I ment have been asked to supply any relevant am currently examining various ways of speeding information in relation to contracts that may have up the approval process. been awarded by them directly to the company In view of the short time-limit for receipt of referred to by the Deputy. I will arrange for any applications, I also agreed that applications would such information that is received to be forwarded be accepted by my Department under the to the Deputy as soon as possible. Scheme up to the end of 2006 provided that, by end-March 2007— Food Industry. (i) all required technical drawings etc. were submitted to my Department, and 423. Dr. Upton asked the Minister for Agri- culture and Food the steps she has taken to (ii) where planning permission was required ensure that the two approved establishments in for the proposed works, confirmation was the State which do not themselves produce received by my Department from the agricul- cheese but which have special facilities for remov- tural planner that such planning permission ing mould growth before selling the product on had been applied for. for further food uses, including the production of Of course, Departmental approval to proceed processed cheese are not in contravention of the with the proposed works cannot issue until evi- European Communities (Food and Feed dence of the grant of full planning permission has Hygiene) Regulations 2005 as a result of the been lodged with my Department. I would take capacity of mould on cheeses to produce myotox- this opportunity to urge applicants and their con- ins that may defuse into such cheeses and remain sultants to ensure that this further deadline of present although mould has been removed. end-March 2007 is respected. [3772/07] My Department’s Standard Costings used to calculate grants under the Scheme are being Minister for Agriculture and Food (Mary revised at present. In accordance with the com- Coughlan): There is no known instance of a food mitments contained in the Charter of Rights for safety alert arising from mycotoxins generated by Farmers, the revised Costings will be applicable mould in cheese in the State. to all approvals to commence work issued by my 1863 Questions— 6 February 2007. Written Answers 1864

[Mary Coughlan.] a person (details supplied) in County Tipperary Department under the Scheme since 1 January under the single payment schemes; and the 2007. reason for the ongoing delays in this case. [3401/07] Milk Quota. Minister for Agriculture and Food (Mary 425. Mr. Naughten asked the Minister for Agri- Coughlan): The person named applied for his full culture and Food the steps she is taking to 22.79 single payment entitlements in 2006 and increase the amount of milk quota available in received 50% advance payment on 16th October the second phase of the milk trading scheme. 2006, the balancing payment issued on 01 [4058/07] December 2006. Minister for Agriculture and Food (Mary Animal Welfare. Coughlan): I was very pleased with the results of the first milk quota Trading Scheme, which I 427. Mr. McHugh asked the Minister for Agri- announced last Wednesday. As the Deputy will culture and Food the controls in place and the be aware the scheme has two elements — a inspections carried out to ensure the well-being Priority Pool and a Market Pool, the latter func- of animals used in circuses; and if she will make tioning through an exchange mechanism. The a statement on the matter. [3426/07] Trading scheme allocates some 70% of the total quota offered for sale to the Exchange at which Minister for Agriculture and Food (Mary a market-clearing price is computed based on a Coughlan): The position as regards the welfare supply demand model. and protection of animals is that my statutory In the first exchange the market price ranged responsibility relates to the welfare and protec- from 11 cent per litre to 23 cent per litre, tion of farmed animals only and does not extend reflecting the regional diversity of quota demand. to other animals. The Protection of Animals Kept The remaining 30% was allocated to buyers who for Farming Purposes Act, 1984 and the Euro- qualified as priority category producers either pean Communities (Protection of Animals Kept being successors, lost leaseholders, young farmers for Farming Purposes) Regulations 2006 (SI No or category 1 producers. The price at which the 705 of 2006) is the legislation that applies in this Priority pool was allocated was fixed at a area. maximum of 12 cent per litre and this price was In relation to circus animals, my Department’s achieved in all but one Co-op. responsibility relates to ensuring that animals The total amount offered for sale was 121 mil- imported for use in a circus are imported in lion litres and a total of 173 million was accordance with animal health certification demanded. Some 73 million litres was sold requirements. Licences are issued in accordance through the Trading Scheme of which 44.4 mil- with the Rabies (Importation, Landing and lion was sold at the exchange or market price and Movement of Animals) (Amendment) Orders 28.6 million litres was sold at or below the 1972-1976. In addition Commission Regulation maximum price of 12 cent from the priority Pool. 1739/2005 lays down registration, passport and Given the exceptional circumstances of the first animal health requirements in the case of circus ever market trading of milk quota in Ireland and animals that move between Member States. the significant learning curve involved for all con- The Protection of Animals Acts 1911 and 1965 cerned, dairy farmers and coops particularly, this are the principal statutes governing the welfare outcome was extremely encouraging. Of course it of animals in this country. The responsibility for was but the first of two schemes that will enable pursuing complaints under that legislation rests the transfer of quota for the 2007/2008 milk quota with An Garda Sı´ocha´na. On receipt of such a year that commences on 1st April next. I expect complaint, the Gardaı´ have a statutory basis on that there will be very significant interest in the which to investigate and bring a prosecution next scheme given the additional knowledge now against any person alleged to have committed an available to buyers and sellers as a result of the act of cruelty against an animal. first scheme. In the circumstances that all parties understood 428. Mr. McHugh asked the Minister for Agri- that there would be two schemes available for the culture and Food if she will introduce measures next milk quota year I do not propose at this to ban fur farming here; and if she will make a stage to make alterations to the next scheme, statement on the matter. [3427/07] which I will announce very shortly after consul- tations with the main farm organisations and Minister for Agriculture and Food (Mary ICOS have concluded. Coughlan): Fur farming is a legitimate farming activity in this country. Under the Musk Rats Act, 1933 (Application to Mink) Order 1965, the Grant Payments. keeping of mink is prohibited except under 426. Mr. Hayes asked the Minister for Agri- licence, obtained from my Department. Licences culture and Food when full payment will issue to are issued under this legislation only if the appli- 1865 Questions— 6 February 2007. Written Answers 1866 cant, following an inspection, is found to be com- In such cases premium payments are suspended pliant with a number of key conditions. until the change of ownership has been finalised. Fur Farming is also considered to be a legit- In this case the person in question has been imate farming activity throughout the greater unable to furnish the requested documentation majority of Member States of the European which would entitle him to the farmer rate of pre- Union, the exceptions being the UK, Austria and mium and no reply has so far been received to Luxembourg where fur farming is not permitted. my Department’s latest communication. Given that the licensed fur farms operating in this country meet current national and EU Departmental Offices. requirements there would be no basis on which it could be banned. 432. Mr. McEntee asked the Minister for Agri- culture and Food her proposals for the existing District Veterinary Office in Navan; if safety and Grant Payments. health concerns of staff have been allayed; if a 429. Mr. Ring asked the Minister for Agri- new premises has been acquired; when it will be culture and Food when persons (details supplied) occupied; and if she will make a statement on the in County Mayo will receive the disadvantaged matter. [3512/07] areas scheme and single payment scheme for 2006. [3451/07] Minister for Agriculture and Food (Mary Coughlan): New accommodation has been built Minister for Agriculture and Food (Mary for the District Veterinary Office in Navan and a Coughlan): The position is that an application for contract has been placed to fit out the new build- the Transfer of Entitlements under the Single ing. It is intended to occupy the new Offices at Payment Scheme to the persons named was sub- the earliest possible date. In the interim, follow- mitted on the 28th April 2006. ing discussions with staff, remedial works are During processing of the Transfer application being undertaken in the existing DVO to deal it was necessary for an official from my Depart- with Health and Safety concerns. ment to make direct contact with a third party involved in the Transfer to seek clarification on Milk Prices. certain matters relating to the application. 433. Dr. Cowley asked the Minister for Agri- Further documentation was received from the culture and Food if she will intervene in the crisis third party and the application was fully situation which has arisen where a co-op (details processed. supplied) is penalising farmers for low levels of Payment in respect of 45.75 entitlements, trans- lactose in the milk supplies and where some farm- ferred by way of gift will issue shortly. ers are in a position that they have to pay the co- op instead of the other way around; and if she 430. Mr. Crawford asked the Minister for Agri- will make a statement on the matter. [3514/07] culture and Food when a person (details supplied) in County Monaghan can expect to Minister for Agriculture and Food (Mary receive their single farm payment; and if she will Coughlan): The price paid to milk suppliers is a make a statement on the matter. [3465/07] commercial decision between the supplier and purchaser over which I have no influence. Tra- Minister for Agriculture and Food (Mary ditionally, milk has been paid for on the basis of Coughlan): The position is that the person named its butterfat content but in practice nowadays, submitted an application for the Single Payment processors test for a number of other constitu- Scheme on the 9th May 2006. However, payment ents, including protein, lactose, SCC and TBC cannot issue in respect of this application as no levels when calculating the price payable to any Single Payment entitlements are registered in this given supplier for the milk. person’s name. I understand that a Co-Op has notified its sup- No application to transfer entitlements to him pliers that it requires milk to have minimum lac- has been received by my Department. tose content of at least 4.2% and that it imposes a price penalty where this level is not achieved. 431. Mr. Lowry asked the Minister for Agri- This is a matter for the Society itself and it is not culture and Food the reason a payment has been open to me to intervene. delayed to a person (details supplied) in County As part of the partnership agreement Towards Tipperary; if arrangements to make payment will 2016 my Department will extend its monitoring be made; and if she will make a statement on the and cross checking of the milk testing regime to matter. [3471/07] include all constituents used for payment pur- poses and, in consultation with the partners, shall Minister for Agriculture and Food (Mary ensure transparency in the milk testing regime. Coughlan): This is a case where there was a change of ownership of a forest plantation which Grant Payments. has received grant assistance under the EU funded afforestation grant and premium scheme. 434. Mr. Hayes asked the Minister for Agri- 1867 Questions— 6 February 2007. Written Answers 1868

[Mr. Hayes.] was successful and payment for 2005 will issue culture and Food the reason for the delay in the shortly to the recipient of the leased entitlements. issue of payment under the single payment An application was also received for the scheme to a person (details supplied) in County Transfer of Entitlements from the person named Tipperary; when payment will issue to them. under the 2006 Single Payment Scheme on the [3526/07] 13th November 2006. Following payment of the 2005 Single Payment Minister for Agriculture and Food (Mary entitlements, the Transfer section will be in a Coughlan): The position is that an application for position to process the 2006 transfer element. the Transfer of Entitlements under the Single Payment Scheme from the person named was 437. Mr. Naughten asked the Minister for Agri- submitted on the 3rd November 2006. The appli- culture and Food when a person (details cation was accepted even though the closing date supplied) in County Roscommon will receive for receipt of completed applications to transfer notification of their national reserve application; entitlements was the 16th May 2006. the reason for the delay; and if she will make a During processing of the Transfer application statement on the matter. [3602/07] it was necessary for an official of my Department to seek clarification on certain matters relating to Minister for Agriculture and Food (Mary the application. Coughlan): The person named submitted an Upon receipt of the requested information my application for an allocation of entitlements from Department will process the application and will the 2005 Single Payment Scheme National correspond directly with the person named. Reserve under Category C. Category C caters for farmers who sold their 435. Mr. Perry asked the Minister for Agri- milk quota into the Milk Quota Restructuring culture and Food if she will intervene on behalf Scheme and converted their enterprise to a farm- of a person (details supplied) in County Sligo as ing sector for which a direct payment under Live- an error was made by the lessee, without identifi- stock Premia and/or Arable Aid Schemes would cation; if her Department will correct its files and have been payable during the reference period revert to the original parcel size which is the cor- 2000 to 2002. While the person named sold his rect figure on which the holding was mapped; if milk quota into a re-structuring scheme in 2002 this person’s entitlements will be granted; and if he was not deemed to have converted his dairying she will make a statement on the matter. enterprise to a sector for which direct payment [3528/07] would have been payable during the reference period. Minister for Agriculture and Food (Mary A letter outlining my Department’s decision Coughlan): While the person named established was issued in April 2006. My Department will entitlements under the Single Payment Scheme, now again write to the person named setting out no payment is due to the person named, as the the reasons for the decision. person named has applied to transfer these entitlements to another farmer in respect of 2006 438. Mr. Naughten asked the Minister for Agri- Scheme Year. culture and Food further to correspondence During processing of the transfer application, (details supplied) if she will provide a hardship it was necessary for an official of my Department grant to support the person in question; and if she to seek clarification on certain matters relating to will make a statement on the matter. [3604/07] the application. The requested information was received and the application is now fully Minister for Agriculture and Food (Mary processed. Coughlan): The person concerned became eli- Payment in respect of the 7.46 entitlements, gible for payment from 21 January 2007. Hard- transferred by way of lease, will issue shortly to ship Grant payments are issued on a monthly the lessee. basis and the payment will be processed after the 20 February 2007. Payments will continue to issue 436. Mr. Naughten asked the Minister for until 30 April 2007 when the scheme ends or until Agriculture and Food when a person (details the herd is de-restricted, whichever is the earlier, supplied) in County Roscommon will receive subject to continued compliance with all of the their 2005 and 2006 single farm payments; the terms and conditions of the Scheme. reason for the delay; and if she will make a state- ment on the matter. [3601/07] 439. Mr. Hayes asked the Minister for Agri- culture and Food when payment will issue to a Minister for Agriculture and Food (Mary person (details supplied) in County Tipperary for Coughlan): The person named obtained an 2005 and 2006 under the single farm payment administrative herd number in November 2006. scheme. [3605/07] He then applied to transfer out his Single Pay- ment Entitlements for 2005 by Private Contract Minister for Agriculture and Food (Mary Clause under a lease agreement. His application Coughlan): The person named applied to transfer 1869 Questions— 6 February 2007. Written Answers 1870 entitlements under the Inheritance measure of will take to establish the facts surrounding this the Single Payment Scheme. The application was case; her views on whether the felling of the trees successful and payment under both the 2005 and may have implications for water drainage in the 2006 Single Payment Scheme will issue to the per- area; if she is satisfied that it is appropriate to son named shortly. allow development of this land for housing; and if she will make a statement on the matter. Farm Retirement Scheme. [3698/07] 440. Mr. P. Breen asked the Minister for Agri- Minister for Agriculture and Food (Mary culture and Food if she will provide details of the Coughlan): A Felling Notice was received by my new farm retirement scheme; and if she will make Department in September 2006 in respect of 81 a statement on the matter. [3621/07] trees on the lands in question, comprising a mix- Minister for Agriculture and Food (Mary ture of conifers and broadleafs. In accordance Coughlan): The new Early Retirement Scheme with normal practice the felling site was inspected will form part of the new Rural Development by the Forest Inspector for the area. His recom- Programme for the period from 2007 to 2013. The mendation was that the trees concerned were Programme was sent to the European Com- over-mature and a felling licence should issue. mission in late December and has to go through His report provides the primary basis for issuing its approval process. I cannot be definite as to the felling licence concerned and I am satisfied how long this process will take but I continue to that it represents an accurate assessment of the pursue early approval. My officials are in ongoing situation on the ground. contact about it with their counterparts in the The Planning Department of South Tipperary Commission services. County Council was also consulted and they advised that the site was the subject of planning Grant Payments. permission granted on 19th October 2005 under the Planning and Development Act 2000-2004. 441. Mr. Lowry asked the Minister for Agri- The Council also supplied a Tree Description culture and Food the reasons a payment has been Table outlining the trees to be removed and to delayed to a person (details supplied) in County be retained together with a map indicating the Tipperary; if arrangements to make payment will location of the trees on site. Further consultations be made immediately; and if she will make a were also carried out with the National Parks and statement on the matter. [3664/07] Wildlife Service who informed my Department that they had no objections to the proposed fel- Minister for Agriculture and Food (Mary ling and advised that most of the trees were over Coughlan): The position is that an application for mature. They also recommended that as some of the Transfer of Entitlements under the Single the trees were hosts to an active rookery they Payment Scheme from the person named was should be felled before 1st February 2007 to submitted on the 6th April 2006. The application ensure that nestlings were not affected. has now been fully processed and payment will Following examination of the information sup- issue shortly. plied, my Department issued a Limited Felling Licence on the 5th January 2007 in respect of 46 Tree Felling Licences. trees. In granting the licence care was taken to 442. Dr. Upton asked the Minister for Agri- ensure that only trees listed for removal under culture and Food the consultations that took the Tree Description Table supplied by the place between her Department and a person for County Council were included. Consequently this a tree felling licence at a site (details supplied) resulted in the exclusion from the licence of over in County Tipperary; if she is satisfied that the 40% of the trees applied for. Furthermore a con- information submitted to her Department is dition was included in the licence to the effect accurate in terms of the tree survey; if she is satis- that any trees referred to as being for retention fied that the qualifications of the consultant who in Condition 36 of the Planning Permission carried out the survey are appropriate to the task granted by South Tipperary County Council were of a tree survey; the checks she carried out to to be retained and protected. The individual ref- establish the qualifications of the consultant; if erence numbers of the trees concerned were not her attention has been drawn to the fact that the included in the licence but were clearly identifi- consultant who carried out the original survey able from both the Tree Description Table and informed the applicant that they had no expertise the map supplied by the County Council. or qualifications to do a tree survey; if her atten- I cannot comment on the accuracy of the tree tion has been further drawn to the fact that her survey carried out. This survey was not carried Department issued a felling licence which was not out at the request of my Department, nor did it numbered to correspond with the map and which form any part of the documentation required for misidentified the majority of the trees, and that licensing. The survey was carried out in connec- as a consequence the felling licence does not cor- tion with an application for planning permission respond to the trees on the ground; the action she and was supplied to my Department by the 1871 Questions— 6 February 2007. Written Answers 1872

[Mary Coughlan.] culture and Food if the provision of a comprehen- Council for the sole purpose of indicating which sive, integrated, environmental monitoring prog- trees it had ordered to be retained. I have no ramme as recommended under the Strategic reason to doubt the accuracy of the information Environmental Assessment of the draft Rural supplied by the Council but in any case it is Development Programme 2007 to 2013 will be matter for the Council to decide, in this instance, included in the final version of the document. which trees it wishes retained. [42908/06] As regards the implications of the felling of these trees for water drainage in the area, I would Minister for Agriculture and Food (Mary point out that under Condition 4 of the licence Coughlan): The draft Rural Development Prog- all felling operations must be undertaken in ramme together with the Ex Ante Evaluation and accordance with Code of Best Forest Practice and the Strategic Environmental Assessment was sent must adhere to the Forest Service guidelines on to the EU Commission in December and awaits Water Quality, Landscape, Biodiversity, Forest its approval. The programme points out that the Harvesting and the Environment. Department of Agriculture and Food — as man- Finally any concerns in relation to the suit- aging authority — and the Programme Monitor- ability of this land for housing development is not ing Committee will have responsibility for the a matter which comes under the remit of my monitoring and evaluation system. That system Department and is a matter that should be taken will be based on the EU common monitoring and up with the local authority concerned. evaluation framework, which provides for a com- prehensive integrated approach and will ensure Grant Payments. that the recommendation from the strategic environmental assessment is addressed. 443. Mr. Perry asked the Minister for Agri- culture and Food if she will intervene on behalf Sheepmeat Industry. of a person (details supplied) in County Sligo in relation to their single farm payment; and if she 446. Cecilia Keaveney asked the Minister for will make a statement on the matter. [3763/07] Agriculture and Food the supports she plans to provide to ensure the continuation of the horned Minister for Agriculture and Food (Mary hill ewe; and if she will make a statement on the Coughlan): The regulations governing the Single matter. [3834/07] Payment Scheme make provision for force Minister for Agriculture and Food (Mary majeure or exceptional circumstances, which are Coughlan): The Sheep Industry Development described as factors outside the producer’s con- Strategy Group issued its report in June 2006. trol that have an adverse effect on production and This is a comprehensive study of the sheep indus- are sudden and unforeseen. The reference period try which sets out a Development Plan for the for the Single Payment Scheme is the three years sector contained in 37 recommendations. I 2000-2002. My Department will contact the decided that the best way to implement these Deputy’s Office to get clarification of the medical recommendations was to set up an implemen- evidence submitted. The case will then be re- tation body comprised of representatives of all examined fully. sectors in the industry, including the relevant state bodies. It is chaired by Mr. John Malone, 444. Mr. Ring asked the Minister for Agri- former Secretary General of my Department, culture and Food when a person (details who was also the author of the Strategy Group supplied) in County Mayo will receive their single report. payment for 2006. [3764/07] The recommendations address the issue of hill sheep farming. The Implementation Group is Minister for Agriculture and Food (Mary nearing the completion of its work and I look for- Coughlan): The position is that an application for ward to its final report in the near future. the Transfer of Entitlements under the Single Payment Scheme to the person named was sub- Milk Quota. mitted on the 24th April 2006. The application was examined and further 447. Mr. Neville asked the Minister for Agri- documentation is required. The person named culture and Food the position regarding regu- was written to and an official from my Depart- lations for temporary leasing of milk quota for ment also made direct contact with him 2007 to 2008 in view of the fact that a review has requesting the specific documentation. taken place of these regulations. [3837/07] Upon receipt of the documentation my Depart- ment will process the application and will corre- Minister for Agriculture and Food (Mary spond directly with the person named. Coughlan): Under the Milk Quota Regulations a producer who has delivered some milk quota in the current quota year can offer the undelivered Environmental Policy. part of a milk quota into the Temporary Leasing 445. Mr. Boyle asked the Minister for Agri- Scheme. Up until the 2005/06 quota year a rule 1873 Questions— 6 February 2007. Written Answers 1874 applied whereby, if a producer delivered less than under a revised Scheme to be introduced as part 70% of their quota in two consecutive years, the of the new Rural Development Programme. undelivered part could be added to the National Further improvements in the control of farm- Reserve. This rule was changed with effect from yard pollution are likely to result from the Euro- the current 2006/07 quota year, and the 70% pean Communities (Good Agricultural Practice minimum level of deliveries does not now apply. for Protection of Waters) Regulations 2006 which A review of this rule change, together with the were made by the Minister for the Environment, details of the 2007/08 Temporary Leasing Heritage and Local Government in July 2006. Scheme, will be conducted shortly by the Milk The Regulations address pollution from agricul- Quota Review Group, which is comprised of rep- tural sources and include detailed provisions in resentatives of the farm organisations, the pro- relation to the storage, management and appli- cessing sector, technical advisors and my cation to land of organic and chemical fertilizers. Department. The Regulations form part of the Cross-com- pliance requirements under the Single Payment Grant Payments. Scheme.

448. Mr. Aylward asked the Minister for Agri- Departmental Programmes. culture and Food When payment under the 2006 Single Payment Scheme will issue to a person 450. Mr. Callely asked the Minister for Agri- (details supplied) in County Waterford. culture and Food the legislative priorities of her [3853/07] Department for 2007; and if she will make a state- ment on the matter. [3956/07] Minister for Agriculture and Food (Mary Coughlan): The position is that an application for Minister for Agriculture and Food (Mary the Transfer of Entitlements under the Single Coughlan): The legislative priorities for my Payment Scheme to the person named was sub- Department are as set out in the Government mitted on the 25th April 2006. Legislation Programme, published on 30th During processing of the Transfer application January, namely the Animal Health Bill and the it was necessary for an official from my Depart- Forestry Amendment Bill. ment to request further documentation. Further documentation was received and the application Farm Retirement Programme. has now been fully processed. An application 451. Mr. Callely asked the Minister for Agri- under the Consolidation measure was also sub- culture and Food the level of take up of the farm mitted on 12th May 2006. This application is retirement scheme since its introduction; and if being processed and payment will issue shortly. she will make a statement on the matter. [3957/07] Farm Waste Management. 449. Mr. Callely asked the Minister for Agri- Minister for Agriculture and Food (Mary culture and Food the level of improvement in the Coughlan): Payments are currently being made control of farmyard pollution over the past ten under two Schemes of Early Retirement from years; and if she will make a statement on the Farming. A total of 10,278 farmers entered the matter. [3955/07] 1994-1999 Scheme of Early Retirement from Farming, which closed to new applicants on 31 Minister for Agriculture and Food (Mary December 1999. Under the 2000-2006 Scheme, Coughlan): While baseline data on the pollution which was introduced in November 2000 and control facilities on Irish farms has been compiled closed at the end of December 2006, 2,958 cases for 2002, I am informed that there is little detailed have been approved for payment to date. Pro- historical data which could be used for compari- posals for another Scheme are included in the son. However the level of investment over that draft Rural Development Programme for the period 2007-2013, which is currently with the period, taken together with other developments, European Commission for approval. is likely to have given rise to a considerable improvement. Over the past ten years my Department has Common Agricultural Policy. provided grant aid of some \225 million for 452. Mr. Callely asked the Minister for Agri- investment in farm waste management. During culture and Food the overall benefits which pro- the same period the Rural Environment Protec- ducers and consumers will likely gain in 2007 aris- tion Scheme (REPS) has had a significant impact ing from developments in the EU and her on pollution control and awareness on Irish Department’s policy; and if she will make a state- farms. REPS has detailed requirements in ment on the matter. [3958/07] relation to nutrient planning and the storage and management of organic fertilisers. The number of Minister for Agriculture and Food (Mary farmers currently in the Scheme is more than Coughlan): I expect that there will be major 59,000 and I expect the numbers to grow further benefits for producers and consumers in 2007 1875 Questions— 6 February 2007. Written Answers 1876

[Mary Coughlan.] environmental protection, develop the food pro- arising out of the on-going implementation of cessing industry and fund Research and Develop- reformed CAP and the wide range of measures ment. The overall programme of expenditure is envisaged under the National Development Plan. based on my vision for the future of the sector as The introduction of the full decoupling of outlined in the AgriVision 2015 Action Plan. My direct payments under the Single Payment aim is to establish an efficient, competitive, con- Scheme ensures that farmers now have the ‘free- sumer focussed industry which will contribute to dom to farm’ and that the CAP will be geared a vibrant rural economy, society and envir- towards the demands of the market and con- onment. Focussing on the needs of the consumer sumers. The Single Payment Scheme is linked to will be vital to the development of the sector and respect of food safety, animal welfare and is a key element of my policy approach. environmental standards. Farmers will receive Live Exports. payments of about \1.3 billion in 2007 while con- sumers will be guaranteed a supply of safe food, 453. Mr. Callely asked the Minister for Agri- produced to high animal welfare and environ- culture and Food the level of live cattle exports mental standards, at reasonable cost. In addition, over the past five years; the top ten destinations producers will benefit from CAP market supports for such exports; the other destinations that have such as export refunds and intervention arrange- been identified where potential exists; and if she ments which are implemented by reference to will make a statement on the matter. [3959/07] developments in the markets during the year. Minister for Agriculture and Food (Mary Producers and consumers will also benefit from Coughlan): The following table details annual the wide range of measures provided for under levels of live cattle exports since 2002. The live the National Development Plan which includes export trade is an important competitive element the draft Rural Development programme which in the livestock and meat industry and, as such, was submitted to the Commission in December has my full support as an integral part of the sec- and is awaiting approval. Total funding of \8.7 tor. Following the abolition of Export Refunds on billion is provided for the agri-food sector over live animals, other than for breeding, this trade is the period 2007 to 2013. The objectives are to now almost exclusively with other EU Member improve competitiveness at farm level, promote States.

Live Cattle Exports (head) 2002-2006

Destination 2002 2003 2004 2005 2006

Spain 59,203 87,335 20,675 50,108 71,146 Italy 8,901 19,444 19,474 47,253 66,698 Netherlands 4,623 34,492 30,595 44,062 51,883 Northern Ireland 40,830 38,055 44,814 26,450 27,283 Belgium 0 2263 1,496 1,268 16,588 France 221 84 340 4,724 12,300 Great Britain 1,993 1,786 1,203 1,202 1,227 Germany 2 63 6 95 20 Portugal 0 75000 Greece 645 574 54 151 0 Poland 0 0 0 80 0 Other EU 60002,064 Total EU 116,424 184,171 118,657 175,393 249,209 Lebanon 31,402 36,706 11,422 9,436 0 Other 3rd Countries 268 216 268 438 205

Total 3rd Countries 31,670 36,922 11,690 9,874 205

Total Live Exports 148,094 221,093 130,347 185,267 249,414

Forestry Industry. explain this discrepancy in view of the fact that a number of people have been affected by this and 454. Mr. Ring asked the Minister for Agri- are concerned about the principle of the matter; culture and Food the reason the claimed areas of the reason her Department is now reducing for- land for forestry have now been reduced on being estry premium payments as a result of this; and if digitised in view of the fact that the land was she will make a statement on the matter. properly measured in the first instance; if she will [3960/07] 1877 Questions— 6 February 2007. Written Answers 1878

Minister for Agriculture and Food (Mary Official Travel. Coughlan): Following the introduction of new 456. Mr. Cuffe asked the Minister for Agri- mapping technology, my Department became culture and Food the distance she travelled with aware that the area of some forest plantations a view to determining her carbon footprint, by air currently in receipt of premium payment had using commercial airlines in the last year for been incorrectly calculated. In many cases, the which figures are available; and if she will make difference is negligible, but there are other cases a statement on the matter. [4016/07] where more significant over-claims have occurred. Minister for Agriculture and Food (Mary This type of discrepancy can happen when Coughlan): The information will be forward different mapping technologies are used. directly to the Deputy on this matter in due However, my Department is obliged by EU regu- course. lation to ensure that it does not continue to over- pay in any instance where it knows that the claim Bovine Disease Controls. is too high. Where it identifies such cases, my Department writes to the beneficiary advising 457. Mr. Crawford asked the Minister for Agri- that there appears to be an overclaim, encloses a culture and Food the situation regarding the map of the correct area and invites the benefici- urgent need to have the age limit raised for BSE ary to indicate whether they disagree with the tests on animals from 30 to 36 months; if the EU new area. can justify the present age limit in view of All such claims will be paid on the correct Ireland’s present health status; and if she will basis, going forward, but my Department will not make a statement on the matter. [4031/07] seek a recoupment of any over-payments made in previous years, except where it is clear that this Minister for Agriculture and Food (Mary is due to a deliberate intention to mislead. Coughlan): The requirement that all bovine ani- mals over 30 months of age, slaughtered for Sheepmeat Industry. human consumption, must be tested for BSE is provided for in Regulation (EC) No.999/2001 of 455. Mr. Penrose asked the Minister for Agri- the European Parliament and of the Council, lay- culture and Food the current state of the sheep ing down rules for the prevention, control and industry, whereby as a result of significant extra eradication of certain transmissible spongiform costs associated with sheep production, and the encephalopathies (The TSE Regulation). lower market return, profitability is non-existent; Accordingly I do not have the discretion to raise if in this context she will put in place a \15 per this age threshold as I would wish to do in view ewe monetary scheme in order to help secure the of the major progress achieved here in relation future of this industry; and if she will make a to BSE. statement on the matter. [3961/07] I have been making repeated efforts to have the age thresholds for the various categories of Minister for Agriculture and Food (Mary animals changed, based on the results of surveil- Coughlan): The Sheep Industry Development lance carried out here. Under the recently Strategy Group issued its report in June 2006. amended TSE regulation there is provision for a This is a comprehensive study of the sheep indus- revision to Member’s States monitoring prog- try which sets out a Development Plan for the rammes (including changes to the age at which sector contained in 37 recommendations. I healthy slaughtered animals for human consump- decided that the best way to implement these tion must be tested for BSE) on the basis of appli- recommendations was to set up an implemen- cations by Member States in response to their tation body comprised of representatives of all improved BSE situation. Such applications will sectors in the industry, including the relevant have to be assessed according to criteria for eval- state bodies. It is chaired by Mr John Malone, uating the improvement of the epidemiological former Secretary General of my Department, situation that has yet to be laid down. The matter who was also the author of the Strategy Group is currently under discussion at TSE working report. group level in Brussels and will take some time The recommendations address issues such as to finalise. ewe welfare and quality assurance. The Imple- Any request for such changes would require to mentation Group is nearing the completion of its be approved by the European Commission and work and I look forward to its final report in the the other Member States within the framework near future. of the Standing Committee on Animal Health I have no function in the determination of and the Food Chain. I will, of course continue to market prices. The question of specific market press for a change in the age threshold at every support is not allowed under EU state aid rules. opportunity. 1879 Questions— 6 February 2007. Written Answers 1880

458. Mr. Crawford asked the Minister for Agri- Department under the Scheme up to the end of culture and Food if she has plans to remove the 2006 provided that, by end-March 2007: all 30 day restriction on the brucellosis test in view required technical drawings etc. were submitted of the fact that Ireland is virtually clear of the to my Department; and where planning per- disease; if she cannot fully remove the 30 day mission was required for the proposed works, rule, if it could be at least extended to 3 months confirmation was received by my Department thus relieving additional costs and in many cases from the agricultural planner that such planning serious inconvenience for part time farmers; and permission had been applied for. if she will make a statement on the matter. Of course, Departmental approval to proceed [4032/07] with the proposed works cannot issue until evi- dence of the grant of full planning permission has Minister for Agriculture and Food (Mary been lodged with my Department. I would take Coughlan): The 30-day pre-movement test was this opportunity to urge applicants and their con- introduced in 1998 to curtail the spread of Bru- sultants to ensure that this further deadline of cellosis following an upsurge in the disease. The end-March 2007 is respected. veterinary advice at the time, which continues to My Department’s Standard Costings used to apply, was that the movement/buying-in of cattle calculate grants under the Scheme are being was deemed to be a major contributory factor in revised at present. In accordance with the com- the spread of the disease and the 30 day test has mitments contained in the Charter of Rights for contributed significantly to the effort in reducing Farmers, the revised Costings will be applicable the incidence of the disease, particularly in that it to all approvals to commence work issued by my reduces the movement of brucellosis susceptible Department under the Scheme since 1 January animals. A range of other measures was also 2007. introduced at the time. These included the early removal of reactors, the rapid depopulation of Milk Quota. herds, the taking of blood samples form cows at slaughter plants, the Milk Ring Test (MRT) 460. Mr. Naughten asked the Minister for Agri- (subsequently replaced by the Milk ELISA Test), culture and Food the steps she is taking to and the lime treatment of slurry on infected farms increase the amount of milk quota available in on all Brucellosis depopulated farms. the second phase of the milk trading scheme; and The impact of these measures has been very if she will make a statement on the matter. positive and very substantial progress has been [4065/07] made since 1998 in reducing disease levels. The 2006 figures show only 3 herds were depopulated Minister for Agriculture and Food (Mary compared with 27 in 2005 and 68 in 2004. Accord- Coughlan): I was very pleased with the results of ingly, we cannot become complacent about this the first milk quota Trading Scheme, which I highly contagious disease and all elements of the announced last Wednesday. As the deputy will be programme must be retained in their present aware the scheme has two elements — a Priority form for the time being. Otherwise, we run the Pool and a Market Pool, the latter functioning risk of losing the progress made in recent years. through an exchange mechanism. The Trading I am however keeping the various control scheme allocates some 70% of the total quota measures under review. offered for sale to the Exchange at which a market-clearing price is computed based on a supply demand model. Farm Waste Management. In the first exchange the market price ranged 459. Mr. Naughten asked the Minister for Agri- from 11 cent per litre to 23 cent per litre, culture and Food the steps she is taking to reflecting the regional diversity of quota demand. address the delay in processing the farm waste The remaining 30% was allocated to buyers who management grant scheme; when the 2007 cost- qualified as priority category producers either ings will be available; and if she will make a state- being successors, lost leaseholders, young farmers ment on the matter. [4064/07] or category 1 producers. The price at which the Priority pool was allocated was fixed at a Minister for Agriculture and Food (Mary maximum of 12 cent per litre and this price was Coughlan): The revised Farm Waste Manage- achieved in all but one Co-op. ment Scheme, which was launched by my Depart- The total amount offered for sale was 121 mil- ment in March 2006, closed for applications at the lion litres and a total of 173 million was end of December 2006. A total of 48,580 appli- demanded. Some 73 million litres was sold cations have been received by my Department through the Trading Scheme of which 44.4 mil- under the Scheme and these applications are cur- lion was sold at the exchange or market price and rently being processed. It is my intention to pro- 28.6 million litres was sold at or below the cess these applications as soon as possible and I maximum price of 12 cent from the priority Pool. am currently examining various ways of speeding Given the exceptional circumstances of the first up the approval process. ever market trading of milk quota in Ireland and In view of the short time-limit for receipt of the significant learning curve involved for all con- applications, they would be accepted by my cerned, dairy farmers and coops particularly, this 1881 Questions— 6 February 2007. Written Answers 1882 outcome was extremely encouraging. Of course it pared to consider making an improved offer on was but the first of two schemes that will enable the EU position, especially in relation to market the transfer of quota for the 2007/2008 milk quota access or tariff cuts. I remain determined that year that commences on 1st April next. I expect agriculture must not be sacrificed for the sake of that there will be very significant interest in the an overall agreement and that, in accordance with next scheme given the additional knowledge now the agreed EU negotiating mandate, a new WTO available to buyers and sellers as a result of the agreement will not necessitate further reform of first scheme. the CAP. The EU has undertaken CAP reform In the circumstances that all parties understood in preparation for the negotiations and I believe that there would be two schemes available for the that it has already made a generous offer to next milk quota year I do not propose at this reduce trade distorting subsidies and to provide stage to make alterations to the next scheme, substantial Special and Differential Treatment for which I will announce very shortly after consul- developing countries. tations with the main farm organisations and I have consistently outlined my position in the ICOS have concluded. clearest possible terms in the Council of Agri- culture Ministers, most recently on 29 January, Farm Retirement Scheme. and I have emphasised the absolute necessity that the Commission remain within the terms of the 461. Mr. Durkan asked the Minister for Agri- negotiating mandate. I will continue to work culture and Food the number of applicants for closely with like-minded Ministers in other farm retirement pension on hand; and if she will Member States to seek support for my position. make a statement on the matter. [4107/07]

Minister for Agriculture and Food (Mary Food Labelling. Coughlan): As on 2 February 2007, 136 appli- 463. Mr. Durkan asked the Minister for Agri- cations for the 2000-2006 Early Retirement culture and Food if all food products imported Scheme are being processed in my Department. into Ireland contain accurate and authenticated Of these 136 applications, 111 were received in labelling; and if she will make a statement on the December 2006. matter. [4109/07]

World Trade Negotiations. Minister for Agriculture and Food (Mary 462. Mr. Durkan asked the Minister for Agri- Coughlan): The enforcement of all food labelling culture and Food the position in regard to the regulations has been centralised in the Food extent of agreement in the World Trade Organis- Safety Authority of Ireland (FSAI). This came ation; and if she will make a statement on the about as a result of one of the recommendations matter. [4108/07] of the Food Labelling Group which reported in December 2002. The effect of this is that it not Minister for Agriculture and Food (Mary only streamlines the enforcement measures but it Coughlan): The negotiations on a new WTO also provides a one-stop shop for any complaints agreement were launched at Doha in November on mislabelling of food. 2001. While significant progress has been made The Department of Health and Children has towards concluding an agreement, most notably responsibility for the European Communities in the framework agreement which was reached (Labelling, Presentation and Advertising of in Geneva in August 2004 and at the WTO Minis- Foodstuffs Regulations 2002 (S.I. No 483 of 2002, terial Conference in Hong Kong in December as amended) which is the main legislation in 2005, the negotiations broke down and were sus- Ireland dealing with the general labelling of pre- pended in July 2006. Following a period of inac- packaged foodstuffs. It also requires information tivity, they resumed again December 2006 in a on food labels to be given clearly, accurately and low-key manner based on discussions in Geneva in a language understood by the consumer. There at official rather than Ministerial level. No signifi- are many other separate labelling provisions in cant new proposals have been made by any of the national and European legislation, such as pro- key negotiating partners. An informal meeting of visions relating to nutrition, natural mineral WTO Ministers from the main negotiating part- waters, novel foods, food additives, food sup- ners took place in the margins of the World plements, sweeteners and declaration on price Economic Forum in Davos on 28 January at indication, weights and measures and merchan- which there was a general commitment to dise markings. resumption of more formal negotiations. Accord- This Department is responsible for more ingly, I expect that there will be a full resumption detailed legislation on the labelling of specific of the negotiations in Geneva with a view to mak- food products including beef, poultry meat, milk ing early progress in the next few months. and milk products, spirit drinks and wines. The I am committed to an ambitious and balanced labelling of fish and fish products comes within outcome to the negotiations. As an open econ- the remit of the Department of Communications, omy dependent on trade Ireland has much to gain Marine and Natural Resources. from a successful deal. I am concerned that the Labelling inspections are carried out as part of Commission has indicated recently that it is pre- the routine control work of the official agencies. 1883 Questions— 6 February 2007. Written Answers 1884

[Mary Coughlan.] Food Imports. Food labelling forms part of the Departments 465. Mr. Durkan asked the Minister for Agri- service contract with the FSAI. In this context culture and Food if she or her Department liaison meetings are held throughout the year adequately monitor the quality and quantity of between the FSAI and the relevant officials of meat and other food products imported into this Department where any specific areas of con- Ireland and that same are compliant with EU cern are addressed. The FSAI has also provided standards in terms of husbandry, production and training for a number of inspectors on food label- processing, storage and transportation; and if she ling laws. will make a statement on the matter. [4111/07]

Poultry Industry. Minister for Agriculture and Food (Mary Coughlan): Detailed EU legislation lays down the 464. Mr. Durkan asked the Minister for Agri- conditions that Member States must apply to the culture and Food if she is satisfied that quality, production of and trade in products of animal hygiene and production methods of all poultry origin as well as to imports of these products from imported into Ireland are compliant with third countries. National and EU regulations; and if she will make It is a requirement that animal products a statement on the matter. [4110/07] imported from third countries meet standards at least equivalent to those required for production Minister for Agriculture and Food (Mary in, and trade between, Member States. All such Coughlan): I am satisfied that all poultry imports must come from third countries or areas imported into Ireland is compliant with both EU of third countries approved for export to the EU. and National regulations. Detailed EU legislation My Department has responsibility for oper- lays down the conditions that Member States ation of public and animal health control in the must apply to the production of and trade in area of third country import of food of animal products of animal origin, including poultry meat origin, including meat. These are carried out in and poultry meat products, as well as to imports co-operation with Customs Service. For imports of these products from third countries. Under of fish and fishery products it has also facilitated harmonized legislation a series of health and the operation of these controls at its Border supervisory requirements are applied in the Inspection Posts in co-operation with the Depart- ment of Communications, Marine and Natural Member States to ensure that animal products Resources. are produced to standards that guarantee the Import control forms a part of the EU’s inte- safety of food and the protection of human and grated policy of guaranteeing that the food pro- animal health. The application of these standards duced and placed on to the market is safe and in the Member States is monitored by the FVO that animal and public health is not put at risk. (Food & Veterinary Office) of the EU. They are a part of the EU’s hygiene package the It is a requirement that animal products implementation and monitoring of which is imported from third countries meet standards at carried out by the relevant competent agencies least equivalent to those required for production under Service Contracts by the Food Safety in, and trade between, Member States. All such Authority of Ireland since 1999. imports must come from third countries or areas The EU Food and Veterinary Office (FVO) of third countries approved for export to the EU. carries out inspections to ensure that only estab- The FVO carries out inspections to ensure that lishments that meet hygiene and health standards only establishments that meet hygiene and health equivalent to those operating within the EU are standards equivalent to those operating within approved. Where the FVO considers that public the EU are approved. Where the FVO considers health requirements are not being met, an estab- that public health requirements are not being lishment may be removed from the EU approved met, an establishment may be removed from the list. If outbreaks of animal diseases occur in a EU approved list. If outbreaks of animal diseases third country approval to export to the EU is sus- occur in a third country approval to export to the pended for the infected regions of the country, or EU is suspended for the infected regions of the the whole country, as appropriate, until the dis- country, or the whole country, as appropriate, ease risk has been eliminated. until the disease risk has been eliminated. Import controls form a part of the EU’s inte- 466. Mr. Durkan asked the Minister for Agri- grated policy of guaranteeing that the food pro- culture and Food the countries from which lamb duced and placed on to the market is safe and has been imported into Ireland in the past five years; the extent to which this has increased or that animal and public health is not put at risk. otherwise over the period; and if she will make a They are a part of the EU’s hygiene package the statement on the matter. [4112/07] implementation and monitoring of which is carried out since 1999 by my Department under Minister for Agriculture and Food (Mary the Service Contract with the Food Safety Auth- Coughlan): Imports of Sheep meat over the last ority of Ireland. five years are as shown in the table below: 1885 Questions— 6 February 2007. Written Answers 1886

Year 2002 2003 2004 2005 2006

Tonnes (cwe) 1,979 1,821 2,682 2,460 N.A. UK 786 619 1,546 1,773 N.A. Other EU 378 435 341 304 N.A. New Zealand 388 165 614 380 N.A.

Food Exports. expansion of the industry; her proposals in this regard; and if she will make a statement on the 467. Mr. Durkan asked the Minister for Agri- matter. [4113/07] culture and Food the full extent of Irish lamb exports to EU or non-EU countries in each of Minister for Agriculture and Food (Mary the past five years; the scope that exists for the Coughlan): Figures for the exports of Irish Sheep meat over the last 5 years are as follows:

Exports of Irish sheepmeat 2000 to 2006

Year 2002 2003 2004 2005 2006

Total exports (cwe) 49,000 44,000 53,600 58,000 54,100 Of which to non EU Countries 916 136 1,250 490 Breakdown not available

A Strategy Group examined the sheep industry The market position of Irish beef has changed in the first half of last year and presented me with considerably over recent years reflecting the a comprehensive report including 37 specific emerging deficit in the EU beef market and an recommendations on the actions that needed to improving market profile of Irish beef in key be taken and the support that the sector required markets. In 2006, 93 per cent of beef exports were to ensure its viability at all levels into the future. destined for EU markets, which compares to just In July last, I set up a group comprising of all the 50 per cent as recently as 2000. The proportion of main stakeholders in the industry as well as the exports going directly to retail customers has also relevant State Bodies and my Department to pro- increased strongly. While international markets gress the implementation of those recom- continue to be important in the market mix, with mendations. The Implementation Group has not ongoing efforts to re-open markets and develop yet completed its work. trade, the majority of promotional activity has taken place in the EU. Beef Exports. Within the EU, a great deal has been achieved through Bord Bia’s Strategy for Irish Beef, which 468. Mr. Durkan asked the Minister for Agri- has resulted in a significant increase in market culture and Food her plans to promote the sale penetration for Irish product in this high value of Irish beef and beef products worldwide on the marketplace. Over recent years that agency’s basis of high quality husbandry, production, pack- marketing strategy has focussed on the develop- aging, processing and eco-friendly standards; and ment of additional markets, attracting the more if she will make a statement on the matter. discerning customer and solidifying the repu- [4114/07] tation of Irish beef in the mind of consumers. The current phase involves direct consumer Minister for Agriculture and Food (Mary promotion at point of sale, encouraging product Coughlan): Beef must be considered as one of the trial, building loyalty and growing the market. most robust and successful Irish export industries. Promotions include on-pack offers of holidays to This reflects the significant efforts of producers, Ireland, branded kitchenware, recipe books and processors and Bord Bia. In 2006, the Irish beef calendars to keep the Irish beef brand foremost industry was worth \1.5 billion in foreign earnings in consumers’ minds, as well as extensive point of to the Irish economy. Ireland is the largest export sale material which serves to make Irish beef supplier within the EU and the largest net highly visible on supermarket shelves. In exporter in the northern hemisphere. Irish com- September 2005, Bord Bia, in it’s first ever pan- panies are major suppliers across Europe and European campaign, launched a three year, \10 have now the best portfolio of retail accounts of million Irish Beef marketing initiative with a view any food sector in Ireland. Continual investment to growing sales in 8,000 retail outlets. The cam- in production and marketing has resulted in Irish paign had the objective of building sales of Irish companies leading the way in added value beef beef in European supermarkets and establishing products that satisfy consumer demand. the ‘Irish Beef’ brand in the minds of consumers. 1887 Questions— 6 February 2007. Written Answers 1888

[Mary Coughlan.] Minister for Agriculture and Food (Mary During the autumn of 2006, the second year of Coughlan): My plans for the development of the the campaign, on-pack promotions were run in beef sector can be summarised as follows: 7,500 stores across nine countries — Britain, the Advanced processing methods and product Netherlands, Italy, France, Belgium, Spain, development; Sophisticated and targeted market- Germany, Czech Republic and Poland. Thirty ing; Efficient farm production with quality assur- supermarket groups, with a throughput of at least ance; and better scientifically based animal 40 million people per week, participated. The breeding. promotion was tailored appropriately for I recently launched a Capital Investment Aid maximum impact in each country. Scheme for the beef and sheepmeat sectors, In 2007, the final year of the current European directed towards preparing the industry to Beef Promotion programme, promotion will be improve efficiency and competitiveness in both ongoing throughout the year, in order to take primary processing sectors. The support package, \ account of the increased de-seasonalisation of amounting to 50 million, should trigger overall \ Irish beef supplies. Central to the campaigns will investment of some 120 million. This investment be additional promotions with the inclusion of package will, I am confident, contribute to ensur- additional retailers and markets, support for new ing the strategic and coherent development of products and listings and concentrating on the these sectors and ultimately position our pro- ducers to avail of export opportunities into the premium image of Irish beef in order to build a future. The positive response of the beef and preference for our product in the minds of con- sheepmeat sectors to the challenges presented in sumers. During 2007 Bord Bia will be in consul- an ever-changing market in recent years has been tation with the industry in order to develop a new a major contributor to the enhanced status and beef strategy to build on the position of Irish beef reputation of Irish produce abroad. In addition and especially the development of our presence to supporting efficiency and competitiveness for in specialty and niche markets. primary processors, this scheme will also under- pin agricultural incomes. Environmental Protection. Ireland produces over 500,000 tonnes of beef 469. Mr. Durkan asked the Minister for Agri- annually and in excess of 90% of that is exported. culture and Food the extent to which agreements More than half of those exports go to the UK entered into in the context of CAP reform were with about 40% going to the high value Conti- nental EU markets. This excellent result, which is tested against the need for compliance with the in line with stated policy for the sector, has been Kyoto protocols; and if she will make a statement achieved largely by effective marketing and pro- on the matter. [4115/07] motion by the industry and Bord Bia and the delivery of a high quality, competitively priced Minister for Agriculture and Food (Mary product. The outlook for Irish beef exports is also Coughlan): Ireland’s decision, in the context of positive with the decreasing production trend CAP reform, to opt for full decoupling at an early throughout Continental Europe. The EU is pre- date took account, among other considerations, dicted to continue a beef supply deficit of the of Ireland’s commitments under the Kyoto Proto- order of 350,000 tonnes in 2007 with this shortfall col to the United Nations Framework Conven- offering an opportunity for Irish beef producers tion on Climate Change. It recognised the fact to further consolidate their position in this that agriculture was still the largest source of market. greenhouse gas emissions (though proportion- One consequence of the shift towards the ately a declining one), and that a large proportion internal EU market over recent years has been a of these emissions came from grazing livestock. decline in amounts available for export to inter- The decision offered a clear opportunity to national markets. However, third country desti- reduce greenhouse gas emissions from the sector, nations will continue to be important alternative not alone as a result of the fall in animal numbers outlets for Irish beef and I will continue my but also from the attendant fall in fertiliser associ- efforts to ensure that as many as possible of these ated with the decrease in the size of the national Third Countries are open to our exports. herd. There have been welcome developments in this area in, for instance, the re-opening of the UAE Beef Industry. market in recent months, though this is currently restricted to animals under 12 months. We are 470. Mr. Durkan asked the Minister for Agri- making efforts to expand this category to at least culture and Food her plans to improve the pros- under 30 months. The Deputy will be aware that pects for the beef production sector, with part- just last month I personally participated in the icular reference to the ability of the product to important trade mission to the Gulf region which compete on international markets; and if she will was led by An Taoiseach and the opportunity was make a statement on the matter. [4116/07] taken to raise the issue of the beef trade with the 1889 Questions— 6 February 2007. Written Answers 1890 relevant Ministers in both Saudi Arabia and the beef sector to maintain and improve its competi- UAE during my visit. The discussions were very tiveness on EU and international markets. positive indeed. Approaches to other potential markets have also been made especially Japan, Sugar Beet Industry. China and South Africa. My+ Department, the 471. Mr. Durkan asked the Minister for Agri- Department of Foreign Affairs and Bord Bia will culture and Food the extent to which sugar beet keep up all necessary contacts at official, diplo- growing for the purposes of sugar production has matic and political level to ensure the maximum ceased in each EU Member State; the extent to progress possible. which beet growing has switched to bio-fuels pro- To support the beef sector in responding to the duction in each case; and if she will make a state- very real challenges it faces on an on-going basis ment on the matter. [4117/07] in a very competitive environment I announced, Minister for Agriculture and Food (Mary late last year, an Animal Welfare, Recording and Coughlan): The extent to which sugar beet grow- Breeding Scheme for Suckler Herds for inclusion ing for the purposes of sugar production has in the draft Rural Development Programme 2007 ceased can be gauged from the number of aid — 2013. The scheme will encourage suckler farm- applications submitted under the EU temporary ers to record data for animal welfare and breed scheme for the restructuring of the sugar industry. improvement purposes and to improve practices This is a four-year scheme which came into oper- in important areas such as weaning, so as to ation as part of last year’s reform of the EU sugar achieve standards in animal welfare and hus- regime. The deadline for applications in the first bandry which will assist not only quality and pro- year was 31 July 2006 while applications in the ductivity but also contribute to underpinning second year had to be submitted by 31 January \ competitiveness. A budget of 250 million has 2007. \ been provided with annual payments of 80 per In the first two years, applications have been cow, over five years, envisaged for suckler cow submitted in 12 Member States. Details of these farmers who undertake to comply with the animal applications are given, by Member State, in the welfare measures provided for in the scheme. The following table, which is based on provisional Programme was submitted to the European Com- information from the EU Commission. A number mission last December for approval. of smaller Member States, namely Cyprus, In 2007, we are continuing the funding I Estonia, Luxembourg, and Malta are not engaged initiated last year for the significant expansion of in sugar production. No applications have been our beef quality assurance scheme to ensure that submitted in the remaining nine Member States. the maximum amount of our production is certi- The EU Commission has expressed disappoint- fied to the highest international standard ment with the level of applications to date and EN45011. Funding is also continuing with major has been alerting Member States and sugar oper- advances expected in the beef breed improve- ators of the risks arising from failure to reduce ment programmes being strategically progressed quotas under the terms of last year’s reform. The by ICBF through the use of sophisticated science Commission intends to impose a significant tem- and technology in this field. I believe that all of porary reduction in the amount that can be pro- these measures, combined with our high level of duced under quota in order to avert over-supply food safety standards, will best position the Irish in 2007/2008.

Table: Applications for Restructuring Aid (Sugar quota only, in tonnes)

Member State Sugar quota Year 1 Year 2 Total Total as % of 2006/07 2007/08 (Y1 + Y2) quota

Italy 1,557,443 787,737 — 787,737 51 Spain 996,961 109,797 — 109,797 11 Sweden 368,262 42,562 — 42,562 12 Ireland 199,260 199,260 — 199,260 100 Finland 146,087 — 56,087 56,087 38 Hungary 401,684 — 108,093 108,093 27 Czech Rep 454,862 — 102,473 102,473 23 Slovakia 207,432 — 70,133 70,133 34 Portugal 69,718 35,218 19,500 54,718 78 Greece 317,502 — 158,800 158,800 50 Slovenia* 52,973 — 52,973 52,973 100 Latvia* 66,505 — 66,505 66,505 100 * To be confirmed 1891 Questions— 6 February 2007. Written Answers 1892

[Mary Coughlan.] \730 per tonne of sugar quota renounced. The I have no detailed information on the extent to value of the aid to Ireland is approx. \145m. The which farmers have switched from beet growing Government decisions of July 2006 in relation to to bio-fuels production in each Member State but the allocation of this aid were based on the efforts are continuing to incentivise the growing recommendations of an independent expert fol- of energy crops. Under the EU Energy Crops lowing an open consultation process with Scheme, aid of \45 per hectare is available for interested parties. The EU regulations required areas sown under energy crops provided they are that the allocation of aid must have regard to intended primarily for use in the production of objective and non-discriminatory criteria and biofuels and electric and thermal energy pro- ensure an economically sound balance between duced from biomass. I intend to introduce an the elements of the restructuring plan submitted \ additional national payment of 80 per hectare in by the sugar processor. In preparing its recom- 2007 as a further incentive for farmers to grow mendations, the independent expert took account \ energy crops. The 80 payment will be paid as a of all relevant factors and undertook a rigorous top-up to the EU premium of \45 per hectare, \ assessment of the costs and losses accruing to the bringing the overall payment to 125 per hectare. eligible stakeholders concerned, namely the pro- It is intended that the \80 additional payment will cessor, the growers and the machinery contrac- apply for three years and will be subject to a tors, arising from the restructuring of the sugar maximum ceiling per producer over the three industry. years. The current maximum area per producer is 37.5 hectares. As indicated in my reply to the Deputy on 31 Set aside land can also be used for a variety of January 2007, I am not in a position to comment non-food uses including the growing of crops for on the value of the accrued assets of Greencore energy purpose and will therefore qualify to acti- at the time of cessation of the sugar processing vate set-aside entitlements under the Single Pay- industry. In view of the fact that the Government ment Scheme. I also intend to introduce a new decisions are currently the subject of Judicial Bioenergy Scheme for a limited period to encour- Review proceedings before the High Court, it age farmers to plant willow and miscanthus for would not be appropriate for me to comment use a renewable source of energy. The Scheme further. will provide establishment grants to farmers for up to 50% of the costs associated with estab- Water Quality. lishing miscanthus and willow on set-aside land 473. Mr. P. Breen asked the Minister for Agri- and on areas, which have been subject to an culture and Food if a ban on farm animals having application for the EU premium of \45 per hec- access to drinking points along rivers will be part tare. \8 million is being allocated to this Scheme of the Rural Development Plan 2007 to 2013; and over the period 2007-2009. The scheme details are being finalised and will be announced shortly. if she will make a statement on the matter. On the demand side, the recently announced [4178/07] Mineral Oil Tax Relief Scheme valued at \205m will provide an additional stimulus for the pro- Minister for Agriculture and Food (Mary duction of energy crops. When fully operational Coughlan): The European Commission has iden- in 2008, it will deliver some 163 million litres of tified water quality as one of the priorities to be biofuels per year and provide farmers with a addressed by Member States during the new rural stable market to supply feedstock for production development programming period. of biofuels. I am confident that these measures In REPS 4, which is part of Ireland’s proposed will increase the production of energy crops in Rural Development Programme, it is proposed Ireland and encourage farmers to consider energy that bovines will not be prevented from having crops as an alternative land use options. access to drinking water at drinking points along watercourses. However,they will be excluded 472. Mr. Durkan asked the Minister for Agri- from entering watercourses. The aim of the pro- culture and Food the value of the accrued assets posal is to minimise pollution risks associated of Greencore at the time of the cessation of the with animals having uncontrolled access to sugar processing industry; if the value of such watercourses. assets were a consideration in the determination of the level of compensation authorised or nego- Consultancy Contracts. tiated by or through her Department at EU level; and if she will make a statement on the 474. Mr. F. McGrath asked the Minister for matter. [4118/07] Agriculture and Food the contracts won by a company (details supplied) for her Department Minister for Agriculture and Food (Mary and bodies under the aegis of her Department Coughlan): The level of compensation provided since 2000; the value of these contracts; and if under the EU scheme for the restructuring of the these contracts were properly advertised in a sugar industry is based on a standard amount i.e. transparent way. [4540/07] 1893 Questions— 6 February 2007. Written Answers 1894

Minister for Agriculture and Food (Mary company by my Department since 2000 are set Coughlan): The contracts awarded to the named out in the following table.

Contracts Value Advertised

\

Economic Analysis of Foot and Mouth 30,734 Restricted tender Disease (2002)

In 2006 the Government appointed the managing 670 primary schools (338 urban/town schools and partner of Indecon to act as independent expert 332 rural schools) and 203 second-level schools. on the \145m sugar restructuring aid at an initial A key objective of this action plan is to enhance contract of \120,000, excluding VAT and integration and partnership working, both within expenses. Due to the urgent and sensitive nature the education sector and between all other rel- of the matter the contract was not advertised. evant Departments, agencies, organisations and With regard to State Bodies, this is an operational groups. Under DEIS, my Department, through matter for the bodies themselves. the network of ten regional offices is enhancing its capacity to work in partnership with locally Youth Services. based agencies and individuals promoting social inclusion measures. Measures under DEIS range 475. Mr. Quinn asked the Minister for Edu- from preschool interventions, supports for tack- cation and Science if her attention has been ling children’s literacy problems, reduced pupil drawn to the work that is being undertaken by a teacher ratios, increased capitation grants, project (details supplied); if, following the publi- measures to tackle early school leaving and cation of the National Development Plan 2007 to strengthen ties between the school, the family and 2013, she will make available the essential the community. resources to ensure that the work of the organis- A key component of my Department’s strategy ation which commenced as an initiative from a to discriminate positively in favour of children voluntary organisation is sustained and developed and young people who are at risk of early school by providing access to the Young People’s Facili- leaving is the School Completion Programme. ties and Service Fund or other funds at her dis- This programme was implemented to directly tar- posal, or at the disposal of the Department of get those in danger of dropping out of the edu- Education and Science; and if she will make a cation system and in line with current thinking statement on the matter. [3652/07] favours an integrated cross-community and cross- Minister for Education and Science (Ms sectoral approach based on the development of Hanafin): Funding is allocated to the Life Centre, local strategies to ensure maximum participation Pearse Square through the Fund for the Develop- levels in the education process. It entails targeting ment of Targeted Educational Responses to Cer- individual young people aged 4 — 18, both in and tain Children at Risk (CAR Fund) to provide a out of school, and arranging supports to address programme for young people between the ages of inequalities in education access, participation and 12 and 16 who are out of the mainstream school outcomes. The programme is funded on a multi- system. This fund is the responsibility of my col- annual basis under the National Development league, the Minister for Children, Deputy Brian Plan (NDP) with assistance from the European Lenihan. The objective of the Fund is to develop Social Fund (ESF). Increased access will be pro- preventative and supportive programmes, which vided to the inner city second level and are targeted at children and young people who urban/town primary schools in the School Sup- are at risk of educational disadvantage and social port Programme to provide a range of academic exclusion. A key focus of the initiative is the and non-academic supports based in-school, after empowerment of local communities to develop school, out-of-school and during holiday time, innovative and flexible programmes that address based on best practices identified through the identified needs of intended participants. The School Completion Programme (SCP). Life Centre is also being supported by my Department through an annual allocation of Higher Education Grants. VEC teaching hours. A review of allocations to 476. Mr. Carey asked the Minister for Edu- VECs under the Co-Operation Hours with Other cation and Science if a grant is available to a per- Institutions is currently being undertaken by my son (details supplied) in Dublin 11 to pursue a Department and the needs of the Life Centre will course; and if she will make a statement on the be considered in the context of this review. matter. [3989/07] Enhancing attendance, progression, retention and attainment are central to DEIS (Delivering Minister for Education and Science (Ms Equality of Opportunity in Schools) the action Hanafin): The Higher Education Grants Schemes plan for educational inclusion, which is being operate under the Local Authorities (Higher implemented at present in 873 schools comprising Education Grants) Acts, 1968 to 1992. Under the 1895 Questions— 6 February 2007. Written Answers 1896

[Ms Hanafin.] incidence special educational needs, including Higher Education Grants Scheme an approved dyslexia. There are now over 5,500 teachers in course is defined as a full-time undergraduate our primary schools working directly with chil- course of at least two years duration or a full-time dren with special educational needs, including postgraduate course of not less than one year dur- those requiring learning support. This compares ation pursued in an approved institution. An to fewer than 1,500 in 1998. In addition, 4 special approved institution is defined to mean a univer- schools and 23 special classes attached to ordi- sity, university college or other institution of nary primary schools specifically support the higher education in so far as it provides a course needs of children with dyslexia with a reduced or courses of not less than two years duration, pupil/teacher ratio of 9:1 and an increased level being a course, or courses, which the Minister for of capitation grant. Second level pupils with dys- Education and Science approves for the time lexia are normally integrated into ordinary being for the purposes of the Acts. Each Year, the Higher Education Grants Scheme specifies a classes. In such situations, they may receive list of approved institutions for the purposes of additional tutorial support from the the Schemes. The approved institutions mainly remedial/learning support teacher, guidance comprise of public funded third level institutions. counsellor and subject teachers. Over 2,300 whole In this regard, National Training Centre, Dorset time equivalent teachers support students with Street, Dublin 7 is not an approved college for special educational needs, including dyslexia, in the purpose of the Scheme. There are no plans at post-primary schools with 534 of these being present to extend the scope of the student sup- learning support teachers. port schemes to private colleges or part-time My Department also provides funding to courses. schools for the purchase of assistive technology such as computers to assist children with special Small Schools Scheme. educational needs, including those with dyslexia, with their education once relevant professionals 477. Mr. McGuinness asked the Minister for recommend the equipment. Schools can apply to Education and Science the status of an appli- the local special educational needs organiser cation for a devolved grant in the name of a (SENO) directly for this support. In relation to school (details supplied) in County Kilkenny; and funding, my Department has been providing the if she will expedite a response. [3389/07] Dyslexia Association of Ireland with annual fund- \ Minister for Education and Science (Ms ing of 63,500 since 1999. This funding helps the Hanafin): I can confirm that the Department is in organisation operate an information service for receipt of an application under the Small Schools members and the public. In addition, part of the Scheme 2007 from the management authority of funding assists in meeting the costs associated the school to which the Deputy refers. Appli- with the attendance of some children from dis- cations under this scheme are currently being advantaged backgrounds at workshops and prog- assessed and a list of successful applicants will be rammes organised by the association. Further- published shortly. more, a grant is awarded annually to the Dyslexia Association of Ireland towards the cost of their Special Educational Needs. adult education activities. The activities funded by the grant include literacy training, pre-course 478. Mr. Kehoe asked the Minister for Edu- assessment, teaching materials and educational cation and Science if she has officially recognised and administrative support. In 2006 a grant of the condition of dyslexia; the reason her Depart- \93,000 was provided to the Association towards ment has not funded the Dyslexia Association of this service. Ireland in the past; and if she will make a state- ment on the matter. [3391/07] Computerisation Programme. Minister for Education and Science (Ms 479. Mr. G. Mitchell asked the Minister for Hanafin): I am pleased to advise the Deputy that Education and Science if she will provide broad- my Department both recognises specific learning band facilities to all sections of a school (details disability or dyslexia as a high-incidence special supplied) in Dublin 12 as recommended by the educational need in schools and funds the Dys- National Council for Technology in Education; lexia Association of Ireland. I have given a very and if she will make a statement on the high priority to the provision of resources to matter. [3402/07] address the learning difficulties of children with low levels of achievement in reading. As the Minister for Education and Science (Ms Deputy is aware, my Department implemented a Hanafin): I have asked my officials to examine general allocation system in all primary schools the position of this school and I will advise the in September 2005 to ensure that every school has Deputy as to the outcome of the examination learning support/resource teaching support avail- once completed. able to meet the needs of children with high- 1897 Questions— 6 February 2007. Written Answers 1898

Site Acquisitions. schools immediately; that the review would use 480. Mr. J. O’Keeffe asked the Minister for agreed and internationally approved criteria and Education and Science if her Department is pre- that pending the review all 50 schools retain their pared to pay market value for the two and a half disadvantage status; and if she will make a state- acre site, which has been identified as a suitable ment on the matter. [3414/07] location for the much needed new school at Sum- mercove, Kinsale; and if not, the reason for Minister for Education and Science (Ms same. [3403/07] Hanafin): DEIS (Delivering Equality of Oppor- tunity in Schools), the action plan for educational Minister for Education and Science (Ms inclusion, provides for a standardised system for Hanafin): The Office of Public Works (OPW), identifying levels of disadvantage and a new inte- which acts on behalf of my Department has been grated School Support Programme (SSP). DEIS asked to source a suitable site for the new school will bring together and build upon a number of at Summercove. The negotiations on the acquis- existing interventions in schools with a concen- ition of any suitable site is a matter for the OPW trated level of disadvantage. The process of iden- in the first instance and my Department will be tifying schools for participation in DEIS was guided accordingly. managed by the Educational Research Centre (ERC) on behalf of my Department and sup- Summer Works Scheme. ported by quality assurance work co-ordinated through the Department’s regional offices and 481. Mr. McHugh asked the Minister for Edu- the Inspectorate. The ERC’s overall approach cation and Science the reason an application for was guided by the definition of educational disad- a grant was refused for a school (details supplied) vantage in the Education Act (1998), section in County Galway; and if she will review the 32(9), as: “the impediments to education arising situation with a view to making the grant avail- from social or economic disadvantage which able in view of the need for same. [3404/07] prevent students from deriving appropriate benefit from education in schools”. Minister for Education and Science (Ms In the primary sector, the identification process Hanafin): The school referred to by the Deputy was based on a survey carried out by the ERC in applied under the Summer Works Scheme 2007 May 2005, from which a response rate of more for car parking facilities. On the 8 January 2007 I than 97% was achieved. The analysis of the sur- announced details of the schools to receive fund- vey returns from primary schools by the ERC ing to improve facilities under the Summer identified the socio-economic variables that col- Works Scheme 2007. However, due to the volume lectively best predict achievement, and these vari- of applications received it was not possible to ables were then used to identify schools for par- allocate funding to all proposed projects. My ticipation in the School Support Programme. The Departments’ School Planning Section has variables involved were: % unemployment, % received an appeal on this decision from the local authority accommodation, % lone parent- school authority which will be considered by the hood, % Travellers, % large families (5 or more Department. children), and % pupils eligible for free books. In the case of second-level schools, the Depart- Schools Building Projects. ment supplied the ERC with centrally-held data 482. Mr. P. Breen asked the Minister for Edu- from the Post-Primary Pupils and State Examin- cation and Science the status of an application for ations Commission databases. Based on an analy- a new prefabricated building for a school (details sis of these data, the variables used to determine supplied) in County Clare; and if she will make a eligibility for inclusion in the School Support statement on the matter. [3413/07] Programme were as follows: • Medical card data for Junior Certificate Minister for Education and Science (Ms candidates (including Junior Certificate Hanafin): The school referred to by the Deputy School Programme candidates); made an application for temporary accom- modation to accommodate the learning support • Junior Certificate retention rates by school; and resource teacher. My Department has • Junior Certificate exam results aggregated approved rental of temporary accommodation to to school level (expressed as an OPS — meet this need. “Overall Performance Scale” — score), this was based on each student’s performance Educational Disadvantage. in the seven subjects in which s/he perfor- 483. Mr. McHugh asked the Minister for Edu- med best; and cation and Science if she will review the recent • Leaving Certificate retention rates by decision of her Department under the DEIS school. initiative which had the result of excluding 50 schools from disadvantage status with a view to The identification process was in line with inter- having the disadvantage status restored to those national best practice and had regard to and 1899 Questions— 6 February 2007. Written Answers 1900

[Ms Hanafin.] els of service may be varied in some schools to employed the exiting and most appropriate data reflect their levels of disadvantage and size and to sources available. A review mechanism was put facilitate local HSCL coordinators working with in place to address the concerns of schools that families of disadvantaged children across both did not qualify for inclusion in DEIS but regarded primary and second level. As a result of the themselves as having a level of disadvantage identification process and subsequent review, 51 which was of a scale sufficient to warrant their primary schools and 11 second level schools in inclusion in the programme. The review process Galway have been included in the School Support operated under the direction of an independent Programme. This is in excess of 20% of all person, charged with ensuring that all relevant primary and secondary schools in the county identification processes and procedures were which for the school year 2004/2005 stood at 233 properly followed in the case of schools applying primary and 47 second-level schools respectively. for a review. The closing date for receipt of Schools which have not qualified for inclusion in review applications was 31 March, 2006. The DEIS and which are receiving additional Group submitted a report and the review is now resources under pre-existing schemes for address- concluded. Schools who applied for a review were ing disadvantage, can be assured that they will informed of the outcome in August, 2006. Schools continue to receive support in line with their level which have not qualified for inclusion in DEIS of disadvantage. and which are receiving additional resources under pre-existing schemes for addressing disad- Schools Building Projects. vantage, can be assured that they will continue to 485. Mr. McHugh asked the Minister for Edu- receive support in line with their level of dis- cation and Science the position in relation to a advantage. proposed new school (details supplied) in County Galway; and if she will make a statement on the 484. Mr. McHugh asked the Minister for Edu- matter. [3429/07] cation and Science the schools in County Galway that have lost their designation under a scheme 520. Mr. Connaughton asked the Minister for (details supplied); the effect the loss will have on Education and Science the stage a school (details the individual schools in terms of student based supplied) in county Galway is at; if a site has been funding, extra capitation, home school liaison and purchased; if planning permission has been so on; and if she will make a statement on the sought for the new school; if her attention has matter. [3415/07] been drawn to the recent fire; and if she will make a statement on the matter. [3679/07] Minister for Education and Science (Ms Hanafin): DEIS (Delivering Equality of Oppor- Minister for Education and Science (Ms tunity in Schools), the action plan for educational Hanafin): I propose to take Questions Nos. 485 inclusion, provides for a standardised system for and 520 together. identifying levels of disadvantage and a new inte- Following a detailed assessment of the school’s grated School Support Programme (SSP). DEIS long term accommodation needs, a decision was will bring together and build upon a number of taken to provide a new six classroom school. The existing interventions in schools with a concen- acquisition of the site adjoining the school has trated level of disadvantage. The new action plan concluded and at present the transfer of the exist- represents a shift in emphasis away from individ- ing school site to the Minister is ongoing. The ual initiatives, each addressing a particular aspect school building project will be considered for pro- of the problem, with the new plan adopting a gression in the context of the School Building and multifaceted and more integrated approach. This Modernisation Programme. is the first time that an integrated educational inclusion strategy has been developed for 3-18 year olds in this country. Targeting resources at Acting Studies. the most disadvantaged schools who are working 486. Mr. Crowe asked the Minister for Edu- to counteract educational disadvantage will con- cation and Science her views on Trinity College’s tinue to be a priority for the Government. Under recent announcement to terminate its three year DEIS I recently announced the provision of 80 professional actor training programme, The new posts to add to the 370 posts already in place Bachelor in Acting Studies; and the repercussions in order to extend to Home School Community this decision is expected to have for those poten- Liaison service to any of the DEIS schools that tial acting students as this course was the only one do not currently have the service. In addition, all of its kind here. [3430/07] schools will continue to receive HSCL services after 2006/2007. HSCL services will continue to Minister for Education and Science (Ms be provided to some 650 schools (370 primary Hanafin): The position is that the universities are and 282 second level schools). However, follow- autonomous institutions and my Department ing a full review of HSCL clustering arrange- does not have any function in their day to day ments by the Department in the coming year, lev- operational affairs. The universities receive a 1901 Questions— 6 February 2007. Written Answers 1902 block grant from the Higher Education Authority State Examinations. and it is a matter for each institution to determine 489. Ms Enright asked the Minister for Edu- how it is allocated internally. cation and Science if she will impose notations on the leaving and junior certificate 2007; the reason Schools Amalgamation. her policy is that appeals against notations cannot 487. Ms Enright asked the Minister for Edu- be successful; the purpose for allowing appeals cation and Science if her attention has been that cannot be successful; the reason children drawn to the invitation by her Department to the with a specific learning disability must make Bishop of Kildare and Leighlin to consider the appeals in writing and cannot meet the appeal reconfiguration of the Catholic schools in Edend- board; the further reason the integrity of the cer- erry; the position regarding the situation; and if tificates and resultant notation is necessary for she will make a statement on the matter. the disabled but not for persons undertaking exams through Irish; and if she will make a state- [3436/07] ment on the matter. [3438/07] Minister for Education and Science (Ms Hanafin): In advance of a new Catholic primary 491. Ms Enright asked the Minister for Edu- school being established in Edenderry, the Com- cation and Science if she will apply a notation, for mission on School Accommodation (in its Area the benefit of end users, to the 2007 examination results where students, who undertake examin- Development Plan for the N4/M4 corridor) and ations through Irish, receive the additional marks the New Schools Advisory Committee recognised or who would otherwise fail the examination; and the need for existing primary schools in Edend- if she will make a statement on the matter. erry to consider re-configuration to strengthen [3440/07] their position. The NSAC finding came on foot of an application to establish a new Catholic Minister for Education and Science (Ms primary school in Edenderry last year. This find- Hanafin): I propose to take Questions Nos. 489 ing was endorsed by the New Schools Indepen- and 491 together. dent Appeals Committee. The latter also empha- As the Deputy will be aware, this Government sised the need for this issue to be addressed has shown an unrivalled commitment to ensuring regardless of the ethos of any new primary school that children and young people with special needs being established. An application has again been get the extra support they need in order to reach submitted to the NSAC to establish a new their full potential at school. We have Catholic primary school in Edenderry this dramatically expanded investment in special edu- September. Therefore, the Patron of the existing cation in recent years and we have improved schools has formally been asked to address the access to the State examinations for young people issue of reconfiguration in accordance with the with special needs. findings as outlined above. The Department is Annotations on certificates only apply in awaiting the Patron’s response in this matter. situations where a core area of a subject is not assessed, or where the mode of assessment used Environmental Studies. has the same effect. This is used to ensure fairness and integrity vis-a`-vis other students who have 488. Ms Enright asked the Minister for Edu- been assessed in these components, and in order cation and Science if her attention has been not to mislead the end user of the certificate. The drawn to an environmental studies module or scheme was introduced following the report of an subject being taught in primary schools; if there expert advisory group, and the introduction are plans to introduce such a module; and if she enabled opportunities to be provided for exemp- will make a statement on the matter. [3437/07] tions where a candidate was not in a position to demonstrate achievement in a core area of Minister for Education and Science (Ms assessment. Hanafin): Social, Environmental and Scientific When the scheme of accommodations was Education (SESE) is a specific area of the cur- expanded in 2000 an appeals system was provided riculum at all levels in primary schools. The SESE for, enabling candidates to appeal decisions curriculum seeks to enable the child to come to within the framework of principles recommended an understanding of the physical world, the by the Expert Advisory Group. It is normal prac- relationship of humans with their environment, tice for appeals systems to operate with a clear and the historical process through which that mandate, and the set of principles adopted in this relationship has grown. The different strands of respect was in keeping with international prac- the SESE curriculum deal comprehensively, at a tice. While the appeal process is generally con- level appropriate to pupils of primary school age, ducted by means of submission of documentation, with aspects of the human and natural envir- in order to ensure minimal disruption and onments and with environmental awareness and expense for appellants, oral appeals are facili- care. tated where they are requested. 1903 Questions— 6 February 2007. Written Answers 1904

[Ms Hanafin.] 492. Ms Enright asked the Minister for Edu- The policy of awarding bonus marks for Irish cation and Science if her attention has been in the State examinations was introduced by the drawn to the conditions at a school (details government in the 1920s as one of a number of supplied) in County Dublin; the position regard- initiatives to promote the study of subjects ing the situation; the future plans for the school; through Irish, reflecting the Constitutional posi- and if she will make a statement on the tion of Irish as the first language. This continues matter. [3441/07] to the present day in the context of wider public policy to promote the Irish language, and is a Minister for Education and Science (Ms facility open to all students. In such cases the can- Hanafin): The Department is fully aware of the didates have been assessed in all components of need to provide a solution to the long term the examination, and the issue of annotation does accommodation needs of the school to which the not arise. Deputy refers. In this regard, it is the Depart- The recent findings of the Equality Tribunal on ment’s intention to permanently accommodate the issue have been appealed to the Circuit the school in a building which it expects to be Court. I have also asked the State Examinations vacated post an amalgamation of three other Commission to re-examine policy and practice in primary schools. this area. It is important that our system con- The Department will be corresponding with all tinues to evolve in line with best practice, pro- of the schools concerned shortly with schedules moting high standards of quality and integrity of accommodation to underpin its proposals and while ensuring access, participation and benefit details of the next steps to progress this matter. for all our students. I do not anticipate that changes will be made to practice in this area in Pre-school Services. advance of the outcome of the review and the 493. Mr. Kenny asked the Minister for Edu- findings in regard to the appeal. cation and Science the reason a sanction has not been provided for a school (details supplied) in School Accommodation. County Wicklow to provide pre-school education 490. Ms Enright asked the Minister for Edu- in an inclusive environment for three to five year cation and Science the number of primary and old children; the reason for the delay in the sanc- post-primary schools that have no recreational tion; and if she will make a statement on the facilities; the number that have no playground; matter. [3452/07] the number of schools that lack a principal’s and secretary’s office; the number of schools that are Minister for Education and Science (Ms not in actual facilities built as schools; and if she Hanafin): My Department has received an appli- will make a statement on the matter. [3439/07] cation for the school in question for the provision of a pre-school for 3 to 5 year olds. This appli- Minister for Education and Science (Ms cation is currently being assessed and my Depart- Hanafin): The information is not readily available ment will be in contact with the school. in the format requested by the Deputy. In relation to PE facilities throughout the country Third Level Education. generally, the PE curriculum has been designed 494. Mr. Connolly asked the Minister for Edu- on the basis that facilities in schools may vary. cation and Science her plans to widen and Many primary schools have a general purpose improve access to third level education for mar- room and practically all schools have outdoor ginalised groups, including students from low play areas which are used for teaching different income backgrounds, mature and part-time aspects of the physical education programme. A students, students with disabilities and students similar situation with sports halls and outdoor from minority groups; and if she will make a facilities applies at second level. In addition, statement on the matter. [3456/07] many schools use adjacent local facilities, includ- ing public parks, playing fields and swimming Minister for Education and Science (Ms pools. Hanafin): My Department is managing a focused The Department fully recognises the key role programme of investment in measures from early of physical exercise within the school envir- education to improve access to and participation onment and continues to respond to the need to in higher education by students from under-rep- improve PE and recreational facilities. The pro- resented groups in that sector. vision of such facilities is an integral part of the There are clear indications that the increased architectural design process for new school build- investment of resources in this area over the last ings, extensions and/or refurbishments as is the decade and more is now paying dividends and provision of ancillary accommodation to meet that targets for participation in higher education administration and other requirements. that were set in the 2001 Report of the Action Group on Access to Higher Education and the Question No. 491 answered with Question last National Development Plan 2000-2006 have No. 489. been reached. For example, participation by 1905 Questions— 6 February 2007. Written Answers 1906 mature entrants to full-time higher education has third level access funding through the new grown from 4.5% in 1998 to almost 10% in 2006. National Development Plan 2007-13. Students with a disability have risen from 0.8% of the undergraduate population in 1998 to Higher Education Grants. 2.4%. Surveys conducted by the Higher Edu- 495. Mr. Connolly asked the Minister for Edu- cation Authority (HEA) also indicate that access cation and Science her plans to reform the to higher education by young people from under- student grant scheme to make provision for represented socioeconomic groups continues to essential child care costs; and if she will make a improve. For example, in 2004 between 33% and statement on the matter. [3457/07] 40% of young people from the semi- and unskilled socioeconomic group nationally went 497. Mr. Connolly asked the Minister for Edu- on to study in higher education compared to only cation and Science her plans to increase the 23% in 1998. These targets will be reviewed and student maintenance grant to a realistic level to new targets developed in 2007, particularly as take account of increasing supplementary costs, linked to the implementation of the new National including expenditure on essential equipment and Development Plan 2007-2013. child care costs; and if she will make a statement The access programmes of third level insti- on the matter. [3459/07] tutions are targeting students in the first and second level sector, adult learners returning to Minister for Education and Science (Ms education, learners with a disability, members of Hanafin): I propose to take Questions Nos. 495 the travelling community and more recently and 497 together. members of new migrant communities in Irish The Deputy will be aware that, in accordance society. In 2003, the National Office for Equity of with the commitment in the Agreed Programme Access to Higher Education was established as for Government, I plan to introduce a single uni- part of the HEA to co-ordinate and develop fied scheme of maintenance grants for students in policy and funding measures to improve access to higher education. This will, I believe, provide for higher education by under-represented groups to a more coherent administration system which will all publicly funded third level institutions. A new facilitate consistency of application, improved funding model, being phased in by the HEA from client accessibility and ensure the timely delivery 2006 onwards, will reflect further progress by of grants to those who need them most. This is higher education institutions in improving access part of my overall plan to introduce service for these groups. improvements in the administration of the In addition to the very substantial student sup- student grant schemes. These will include guaran- port measures managed by my Department, teed timeframes for the earlier payment of grants, including the targeted special rate of maintenance an independent appeals procedure and more grant, in 2006 the National Office managed the efficient arrangements for handling applications allocation of over \16 million in Third Level and making payments. Access funding for the direct support of students In addition as you will be aware, major through the Fund for Students with a Disability, improvements have been made by this Govern- the Student Assistance Fund and the Millennium ment in both the income limits and the payment Partnership Fund. This led to improvements in levels for third level grants. It has been the prac- tice in recent years to increase the level of main- the timing and guidelines for the allocation of tenance grants annually, at least in line with these funds. In 2006, over 2,000 students with a inflation. In this academic year, in line with this disability received funding from the Fund for policy, I announced increases of 3% in the ordi- Students with a Disability — an increase of some nary maintenance grant to give a maximum grant 330 students (20%) over the previous year. of \3,110 in the 2006/07 academic year. The National Office for Equity of Access to In addition, the reckonable income limits for Higher Education is currently implementing a ordinary maintenance grants have been increased three-year Action Plan for the period 2005-2007. by 5.3% for the 2006/07 academic year. This One of the key outcomes of this plan has been increase exceeds the increase in the average the first national evaluation of higher education industrial wage for the September to September access programmes. A practical framework of reference period. The top limit for grant eligi- policies and initiatives that are required for a suc- bility where there are less than four dependent cessful access programme has emerged from this children has been increased from \44,350 to evaluation process. This framework will underpin \46,700, ensuring that a significantly higher and inform the work both of my Department and number of students from households with moder- of the National Office and its partners in the ate incomes will not have to pay the Student higher education sector going forward. Imple- Service Charge of \800. mentation and the monitoring of progress will Special Rates of Maintenance Grant, some- also be linked to the strategic development and times referred to as “top-up” grants, payable to allocation of core funding, including access fund- disadvantaged grant holders, were introduced ing, by the HEA and the allocation of increased with effect from the 2000/01 academic year. This 1907 Questions— 6 February 2007. Written Answers 1908

[Ms Hanafin.] holders who are required to participate in off- year’s schemes are giving particular priority to campus placement as part of their course of study addressing inequities in participation of students may have their grant entitlement paid in the nor- from the lower socioeconomic groups through mal manner. Accordingly, student teachers who both rate and threshold increases in the Special are eligible for grant assistance continue to Rates of Maintenance Grant. The annual income receive their entitlements while undertaking threshold for the special rate of grant was teaching practice. increased by 7.18% to \16,748. It is estimated My Department funds four maintenance grant that over 12,500 students in receipt of the special schemes for third level and further education rate element of maintenance grants benefited students which are administered by the Local from an increase in this grant of 22.48%, with the Authorities and the Vocational Education Com- maximum rate for the 2006/2007 non-adjacent mittees. The Higher Education Grant Scheme grant increased to \5,970. The maximum rate for operates under the Local Authorities (Higher the 2006/2007 adjacent rate increased to \2,390. Education Grants) Acts, 1968 to 1992. Generally Under my Department’s student maintenance speaking, students who are entering approved grant schemes, I am committed to ongoing courses for the first time are eligible for mainten- improvements in the student support schemes ance grants where they satisfy the relevant con- including increasing the rates and income limits, ditions as to age, residence, means and as resources permit. nationality. An approved third level course for the purpose Third Level Charges. of the HEG and the VEC Scholarship Schemes means a full-time undergraduate course of not 496. Mr. Connolly asked the Minister for Edu- less than two years duration and a full-time post- cation and Science her plans to abolish capitation graduate course of not less than one year’s dur- fees which have risen by over 260% over the past ation pursued in an approved institution. The 11 years for third level students; and if she will Schemes outline their respective courses which make a statement on the matter. [3458/07] are approved for grant purposes. Any student Minister for Education and Science (Ms who is eligible to receive a maintenance grant Hanafin): The student charge is levied by third under these Schemes continues to have the grant level institutions to defray the costs of examin- paid to them during their teaching practice. ations, registration and students services. The In addition, my Department allocates funding student charge is \800 for the 2006/2007 academic each year to third level institutions under the year. All students who are eligible for means Student Assistance Fund. This fund is available in tested student support have the student charge order to assist students who may be experiencing paid on their behalf by the Local Authorities or difficulties in continuing their studies because of the Vocational Education Committees, in financial hardship. The disbursement of this fund- addition to any maintenance grant and tuition fee ing is a matter for individual institutions in line grant they are entitled to. I have no plans to abol- with guidelines issued by my Department. My ish this charge. Department has no plans to introduce an additional scheme of financial assistance, over Question No. 497 answered with Question and above the current provision, in relation to the No. 495. training of teachers.

Teacher Education Programmes. Third Level Fees. 498. Mr. Connolly asked the Minister for Edu- 499. Mr. Connolly asked the Minister for Edu- cation and Science her plans to provide subsidies cation and Science her plans to abolish fees for for travel expenses and other learning aids for part-time third level students; and if she will teacher trainees on teaching practice as part of make a statement on the matter. [3461/07] their courses; and if she will make a statement on the matter. [3460/07] Minister for Education and Science (Ms Hanafin): I have no plans for extending the free Minister for Education and Science (Ms tuition fees scheme to include part-time students Hanafin): The position is that teaching practice is at this time. Under the terms of my Department’s an integral part of the curriculum for the training Free Fees Initiative the exchequer meets the tui- of both primary and post-primary teachers and, tion fees of eligible students. The main conditions as such, my Department does not provide special are that students must (a) be first-time under- financial assistance for students towards costs graduates; (b) hold E.U. nationality or official associated with teaching practice. refugee status; and (c) have been ordinarily resi- The Deputy will be aware that teacher edu- dent in an E.U. Member State for at least three cation programmes provided in approved third of the five years preceding their entry to an level institutions are also approved courses for approved third level course. the purposes of the Higher Education Grants As the Deputy may also be aware, tax relief is Scheme. Under the terms of the Scheme, grant available at the standard rate of taxation in 1909 Questions— 6 February 2007. Written Answers 1910 respect of expenditure on fees associated with When it closes, ownership of the school prop- part-time higher education. erty, which is currently vested in the trustees, will revert to the Department. In the period leading Departmental Agencies. up to the closure, the Department will consider all available options with regard to its future use. 500. Mr. Gregory asked the Minister for Edu- cation and Science the funding allocated to the Schools Refurbishment. Grangegorman Development Agency in 2006; the amount spent by the agency; the funding allo- 502. Mr. Broughan asked the Minister for Edu- cated for 2007; the number of staff to be cation and Science if she will report on the appli- appointed; and, if there will be secretarial or cation for an extension by a secondary school administrative support available to the com- (details supplied) in Dublin 13 and if she will munity representative on the board of the agency ensure that her Department’s building unit will in its offices. [3462/07] recommend that the stage one application is approved and that the project will advance to Minister for Education and Science (Ms stage two. [3466/07] Hanafin): \1m was set aside in my Department to facilitate the establishment and operation of Minister for Education and Science (Ms the Grangegorman Development Agency in 2006. Hanafin): The proposed refurbishment and The outturn for 2006 was \94,961.66. An allo- extension project for the School referred to by cation of \1.03m has been provided for 2007. the Deputy is at an early stage of architectural Section 24 of the Act provides for the Agency planning. My Department recently completed a to appoint such and so many persons to be review of the long term projected enrolment in members of staff of the Agency as it may deter- the school. The Board of Management of the mine with my consent and the consent of the school are currently finalising the appointment of Minister for Finance. The post of Chief Executive a Mechanical and Electrical Consultant. When Officer for the Agency was advertised in the this appointment is made my Department will be National media in January 2007. Once the CEO in contact with the school authorities regarding has been appointed I would expect that the Board further progression of their project. will undertake an assessment of their other staff- Further progression of the project will be con- ing requirements. sidered in the context of the Schools Building and The Act does not provide for secretarial or Modernisation Programme 2007-2013. Over \4.8 administrative support for individual board billion will be provided for school building infra- members it will be a matter for the Board of the structure under the new NDP 2007-2013. Agency and the Chief Executive Officer to deter- mine how staff should be utilised to ensure the Physical Education Facilities. effective and efficient running of the Agency. 503. Mr. M. Brady asked the Minister for Edu- cation and Science if she will provide funding for School Closures. a physical education hall to facilitate 650 pupils 501. Mr. Broughan asked the Minister for Edu- in a school (details supplied) in Dublin 13; and if cation and Science if she will make a statement she will make a statement on the matter. on the future of the site of a school (details [3467/07] supplied) in Dublin 5. [3463/07] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The school referred to by the Deputy Hanafin): A decision was taken by the Trustees has an application with my Department for major of the school to which the Deputy refers that it capital grant aid for a PE Hall. This project has will close in June 2007. This decision was taken been assessed in accordance with the published because, in line with demographic changes in the criteria for large scale building projects and has been assigned a Band 4 rating. Progress on the area, the school has experienced a steady decline proposed project will be considered in the context in enrolments in recent years. Current enrolments of the School Building and Modernisation Prog- in feeder primary schools indicate that this ramme from 2007 onwards. decline will continue. In fact, a general decline in enrolments in the area where the school is located has resulted in Schools Refurbishment. considerable spare capacity at post primary level. 504. Mr. M. Brady asked the Minister for Edu- Coupled with the decline in enrolments, the cation and Science if she will provide funding for Department was also concerned about the ability a small building to secure bins at a school (details of the school in question to offer a broad and supplied) in Dublin 13; and if she will make a balanced curriculum given the relatively small statement on the matter. [3468/07] number of pupils enrolled. In all of the circum- stances, the Department concurred with the Trus- Minister for Education and Science (Ms tees decision to close the school. Hanafin): I am pleased to inform the Deputy that 1911 Questions— 6 February 2007. Written Answers 1912

[Ms Hanafin.] entitlements while undertaking teaching practice. funding for the works referred to by the Deputy My Department funds four maintenance grant was recently approved by my Department. schemes for third level and further education students which are administered by the Local 505. Mr. P. Breen asked the Minister for Edu- Authorities and the Vocational Education Com- cation and Science the number of children per mittees. The Higher Education Grant Scheme class in a school (details supplied) in County operates under the Local Authorities (Higher Clare and if there are proposals to deal with Education Grants) Acts, 1968 to 1992. Generally same; and if she will make a statement on the speaking, students who are entering approved matter. [3475/07] courses for the first time are eligible for mainten- ance grants where they satisfy the relevant con- Minister for Education and Science (Ms ditions as to age, residence, means and Hanafin): Based on the latest recorded data avail- nationality. able to my Department for the school year An approved third level course for the purpose 2005/2006, the school referred to by the Deputy of the HEG and the VEC Scholarship Schemes had a staffing of Principal + 7 Mainstream Assist- means a full-time undergraduate course of not ants and a class group breakdown as follows: 35 less than two years duration and a full-time post- Junior Infants, 37 Senior Infants, 31 1st Class, 32 graduate course of not less than one year’s dur- 2nd Class, 21 3rd Class, 22 4th Class, 24 5th Class ation pursued in an approved institution. The and 20 6th Class pupils. Schemes outline their respective courses which An application for capital funding towards the are approved for grant purposes. Any student provision of an extension/refurbishment at the who is eligible to receive a maintenance grant school has been received in my Department. The under these Schemes continues to have the grant long term accommodation needs of the school has paid to them during their teaching practice. been determined and also notified to the school In addition, my Department allocates funding authority. The building project required to each year to third level institutions under the deliver the new school will be progressed in the Student Assistance Fund. This fund is available in context of the School Building and Modernis- order to assist students who may be experiencing ation Programme. difficulties in continuing their studies because of My Department has not received an appli- financial hardship. The disbursement of this fund- cation for rented temporary accommodation at ing is a matter for individual institutions in line the school for September 2007. with guidelines issued by my Department. My Department has no plans to introduce an Teaching Qualifications. additional scheme of financial assistance, over 506. Mr. Kehoe asked the Minister for Edu- and above the current provision, in relation to the cation and Science if her attention has been training of teachers. drawn to the fact that teaching practice is a mandatory requirements for all students under- 507. Mr. Ring asked the Minister for Edu- taking a Bachelor of Education Degree; if her cation and Science her plans to introduce funding attention has further been drawn to the fact that to support student teachers (details supplied). teaching practice can be expensive for the [3523/07] students involved; her plans to bring in a subsidy to help offset the expenses involved; and if she Minister for Education and Science (Ms will make a statement on the matter. [3499/07] Hanafin): The position is that teaching practice is an integral part of the curriculum for the training Minister for Education and Science (Ms of both primary and post-primary teachers and, Hanafin): The position is that teaching practice is as such, my Department does not provide special an integral part of the curriculum for the training financial assistance for students towards costs of both primary and post-primary teachers and, associated with teaching practice. as such, my Department does not provide special The Deputy will be aware that teacher edu- financial assistance for students towards costs cation programmes provided in approved third associated with teaching practice. level institutions are also approved courses for The Deputy will be aware that teacher edu- the purposes of the Higher Education Grants cation programmes provided in approved third Scheme. Under the terms of the Scheme, grant level institutions are also approved courses for holders who are required to participate in off- the purposes of the Higher Education Grants campus placement as part of their course of study Scheme. Under the terms of the Scheme, grant may have their grant entitlement paid in the nor- holders who are required to participate in off- mal manner. campus placement as part of their course of study Accordingly, student teachers who are eligible may have their grant entitlement paid in the nor- for grant assistance continue to receive their mal manner. entitlements while undertaking teaching practice. Accordingly, student teachers who are eligible My Department funds four maintenance grant for grant assistance continue to receive their schemes for third level and further education 1913 Questions— 6 February 2007. Written Answers 1914 students which are administered by the Local Tipperary; and if she will make a statement on Authorities and the Vocational Education Com- the matter. [3594/07] mittees. The Higher Education Grant Scheme operates under the Local Authorities (Higher Minister for Education and Science (Ms Education Grants) Acts, 1968 to 1992. Generally Hanafin): The school referred to by the Deputy speaking, students who are entering approved has applied for funding under the Small Schools courses for the first time are eligible for mainten- Scheme 2007 to build an extension to include a ance grants where they satisfy the relevant con- mainstream classroom, a resource room, a learn- ditions as to age, residence, means and ing support room, a staff room and a GP room. nationality. The school has not applied for funding for the An approved third level course for the purpose development of special needs accommodation. of the HEG and the VEC Scholarship Schemes All applications for the Small Schools Scheme means a full-time undergraduate course of not 2007 are currently being considered and the list less than two years duration and a full-time post- of successful applicants will be published shortly. graduate course of not less than one year’s dur- ation pursued in an approved institution. The Special Educational Needs. Schemes outline their respective courses which are approved for grant purposes. Any student 510. Mr. Naughten asked the Minister for Edu- who is eligible to receive a maintenance grant cation and Science if she will provide parents of under these Schemes continues to have the grant autistic children in receipt of Department funded paid to them during their teaching practice. home tuition with a list of suitably qualified In addition, my Department allocates funding teachers in their locality; and if she will make a each year to third level institutions under the statement on the matter. [3600/07] Student Assistance Fund. This fund is available in order to assist students who may be experiencing Minister for Education and Science (Ms difficulties in continuing their studies because of Hanafin): As the Deputy is aware the home tui- financial hardship. The disbursement of this fund- tion scheme provides funding to parents to ing is a matter for individual institutions in line provide education at home for children who, for with guidelines issued by my Department. a number of reasons such as chronic illness, are My Department has no plans to introduce an unable to attend school. The scheme was additional scheme of financial assistance, over extended in recent years to facilitate tuition for and above the current provision, in relation to the children awaiting a suitable educational training of teachers. placement. Having reviewed a number of applications for Schools Refurbishment. home tuition, details regarding the qualifications 508. Mr. Rabbitte asked the Minister for Edu- of some of the proposed tuition providers gave cation and Science if she has received a request rise to concern. The Deputy will appreciate, that from a school (details supplied) in Dublin 24 for as home tuition takes place outside of the normal assistance in order to complete the railing around school framework, there is need to ensure that the school; the length of time this request has tuition providers are appropriately qualified to been with her Department; if she will sanction the give education to the children concerned. The grant requested in view of a number of breaches usual requirement is a fully qualified teacher. of the school perimeter and the incomplete nat- However, other qualifications are acceptable ure of the railing which is causing a hazard both depending on the individual needs of the child. A to the school’s security and that of residents of comprehensive review of qualifications has taken neighbouring houses; and if she will make a state- place in consultation with my Department’s ment on the matter. [3593/07] Inspectorate resulting in a definitive list of quali- fications acceptable under the scheme as appro- Minister for Education and Science (Ms priate to the individual pupils. In this context the Hanafin): I am pleased to inform the Deputy that clarity that now exists in relation to qualifications funding to upgrade the boundary fence at the should assist the parents concerned in sourcing school in question was approved in September, suitable tutors. My Department has no current 2006. The school authorities applied in plans to compile a data base of tuition providers November, 2006 for further funding for with acceptable qualifications. additional fencing works to the back wall of the school. Funding for the additional fencing was Site Acquisitions. approved in December, 2006. 511. Mr. Penrose asked the Minister for Edu- cation and Science the progress made in relation Small Schools Scheme. to identifying lands which is necessary to con- 509. Mr. Quinn asked the Minister for Edu- struct a secondary school at Kinnegad, County cation and Science when funding will be made Westmeath particularly in view of the increased available to a school (details supplied) in County population of this area; if she will take steps in 1915 Questions— 6 February 2007. Written Answers 1916

[Mr. Penrose.] Third Level Grants. this regard without further delay; and if she will 514. Mr. Kehoe asked the Minister for Edu- make a statement on the matter. [3610/07] cation and Science the reason a person (details supplied) in County Wexford has not been Minister for Education and Science (Ms awarded a higher education grant; the options Hanafin): The N4/M4 Area Development Plan available to them; and if she will make a state- indicates that a post primary school will not be ment on the matter. [3629/07] required for Kinnegad until post 2011. The Department will ask the local authority to reserve Minister for Education and Science (Ms a site at the appropriate time for this Hanafin): The decision on eligibility for third development. level grants is a matter for the relevant local auth- ority or VEC. These bodies do not refer individ- 512. Mr. McCormack asked the Minister for ual applications to my Department except, in Education and Science the position regarding the exceptional cases, where, for example, advice or provision of a site for a school (details supplied) instruction regarding a particular clause in the in County Galway; and if she will make a state- relevant scheme is desired. It appears that no ment on the matter. [3614/07] such advice or instruction has, to date, been sought in the case of the student referred to by Minister for Education and Science (Ms the Deputy. Hanafin): The Office of Public Works (OPW), If an individual applicant considers that s/he which acts on behalf of my Department in the has been unjustly refused a maintenance grant, or acquisitions of sites for schools has been asked to that the rate of grant awarded is not the correct source a suitable site for the school in question. one, s/he may appeal to the relevant local auth- At this stage a number of sites has been identified ority or VEC. and the OPW expects to shortly enter into in Where an individual applicant has had an negotiations on the most suitable of these sites. appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view School Staffing. that the body has not interpreted the schemes correctly in his/her case, a letter outlining the 513. Mr. Hayes asked the Minister for Edu- position may be sent to my Department. Alterna- cation and Science if a decision has been made on tively, as already indicated, the local authority or staffing numbers for 2007 and 2008 for a school VEC may, itself, in exceptional circumstances, (details supplied) in a disadvantaged area of seek clarification on issues from my Department. County Tipperary; and if she will ensure that However, it is not open to me, or my Depart- there will be no reduction to the staffing levels at ment, to depart from the terms of the mainten- the school. [3615/07] ance grants schemes in individual cases.

Minister for Education and Science (Ms Schools Building Projects. Hanafin): The mainstream staffing of a primary school for a particular school year is determined 515. Mr. J. O’Keeffe asked the Minister for by reference to the enrolment of the school on Education and Science if her attention has been the 30th September of the previous school year drawn to the pressure on space at a school and by reference to a staffing schedule. This staff- (details supplied) in County Cork and the exten- sion to get underway; and if she will confirm that ing schedule for the 2006/07 school year is out- the design team will be appointed to commence lined in Primary Circular 0023/2006 which was the architectural planning of the project. issued to all primary schools. [3636/07] In the current school year (2006/07) the staffing of the school referred to by the Deputy comprises Minister for Education and Science (Ms of a Principal and three mainstream class teach- Hanafin): The application for capital funding ing posts, based on an enrolment of 85 pupils at from the school has recently been re-assessed in 30th September, 2005 as submitted by the Board light of the upward enrolment trends and pro- of Management of the school. The school also has jected pupil numbers. The long term accom- the services of 2 Learning Support/Resource modation needs of the school has been deter- teacher posts and 1 GCEB post. mined and notified to the school authority. A The Board of Management has submitted a schedule of overall accommodation has been report indicating that there were 73 pupils drawn up but in order to determine how best to enrolled in the school on the 30th September provide for the school’s accommodation needs 2006. The mainstream staffing of the school for into the future, it will be necessary to have a tech- the 2007/08 school year will be determined on nical assessment of the existing buildings carried that figure and in accordance with the staffing out. Officials from School Planning Section will schedule for the 2007/2008 school year which will be in contact with the school authority to arrange be finalised as soon as possible. such a visit. 1917 Questions— 6 February 2007. Written Answers 1918

516. Mr. Stagg asked the Minister for Edu- cation form for an Emergency Works Grant is cation and Science if the extension project to a being prepared for submission to the Building school (details supplied) in County Kildare is on Section. As soon as the completed application time and when the works are due to be com- form is received it will be considered as a matter pleted. [3660/07] of urgency and the outcome will be notified to the school authorities without delay. Minister for Education and Science (Ms Hanafin): The extension this School was one to 519. Mr. Ring asked the Minister for Education the 122 projects that I announced in January 2005 and Science the funds that will be provided to a to proceed to tender and construction. The VEC, school (details supplied) in County Mayo under under whose aegis the school operates, was auth- the small schools scheme 2007. [3674/07] orised in February 2005 to progress the project through architectural planning and on to tender. Minister for Education and Science (Ms Following a successful tendering process, the low- Hanafin): An application has been received in my est tender was accepted. Department from the school referred to by the The project started on site in early December Deputy under the Small Schools Scheme 2007. 2005 and with a contract period of around 15 All applications received under this scheme are months. The works are progressing satisfactorily under consideration and the list of successful and will be completed in the near future. applicants will be published shortly.

517. Mr. Stagg asked the Minister for Edu- Question No. 520 answered with Question cation and Science the position in relation to the No. 485. phase two extension to a school (details supplied) in County Kildare. [3661/07] Departmental Investigations.

Minister for Education and Science (Ms 521. Mr. Ring asked the Minister for Edu- Hanafin): The phase two extension project for the cation and Science if the report into a school School referred to by the Deputy is at the early (details supplied) in County Mayo will be pub- stages of architectural planning. My Department lished; if so when; and if she will make a state- are in receipt of a stage 3 submission (detailed ment on the matter. [3680/07] design with costings). If necessary my Officials will arrange a meeting with the School Auth- 522. Mr. Ring asked the Minister for Education orities and their Design Team on the project in and Science the action she will take following the order to evaluate the documentation and it is report into a school (details supplied) in County envisaged that unless there are very exceptional Mayo; and if she will make a statement on the circumstances involved, the meeting will be matter. [3681/07] sufficient to authorise the project to progress to tender and construction as per my announcement 523. Mr. Ring asked the Minister for Edu- of the 30th January 2007. cation and Science if there will be an inquiry regarding a school (details supplied) in County Schools Refurbishment. Mayo; if so, when; and if she will make a state- ment on the matter. [3682/07] 518. Mr. Deasy asked the Minister for Edu- cation and Science if her attention has been Minister for Education and Science (Ms drawn to the fact that an application from City of Hanafin): I propose to take Questions Nos. 521 Waterford Vocational Educational committee for to 523, inclusive, together. funding for essential maintenance and structural Clarification was sought from the single man- \ improvements costing approximately 410,000 to ager on the report that he submitted in the case a school (details supplied) in County Waterford; referred to by the Deputy. This clarification is if her attention has been further drawn to the fact now being considered in my Department. Pend- that this school of 500 students is in a RAPID ing completion of the consideration of that clari- area with DEISI status and is used by the local fication, and a decision on the action, if any, to community for numerous community activities; be taken in relation to it, I am sure the Deputy the status of the application; when funding will be will appreciate that it would not be appropriate made available for the required improvements; for me to comment further at this juncture. and if she will make a statement on the matter. [3669/07] Schools Management. Minister for Education and Science (Ms 524. Mr. Ring asked the Minister for Education Hanafin): My Department is in receipt of corre- and Science the reason so many children have spondence regarding works required at the school changed from a school (details supplied) in referred to by the Deputy. An official of the County Mayo; the steps she will take in this Building Section of my Department has con- regard; and if she will make a statement on the tacted the management of the school. An appli- matter. [3683/07] 1919 Questions— 6 February 2007. Written Answers 1920

Minister for Education and Science (Ms The school has also submitted an application Hanafin): Under the provisions of the Education for funding under the Permanent Accom- Act, 1998, the board of management is the body modation Scheme 2007. All applications under charged with the direct governance of a school. this scheme are under consideration and the list In general, the Board has the responsibility to of successful applicants will be published shortly. ensure that the school operates efficiently and effectively and also has responsibilities in relation 526. Mr. Connaughton asked the Minister for to the action of its employees. Education and Science the position of an appli- With regard to the specific case referred to by cation by Galway County Vocational Education the Deputy, the position is that, on 13th March, Committee for funding for the provision of an 2006, the Patron of the school dissolved the extension of a school (details supplied) in County Board of Management and, with my approval, Galway; if her attention has further been drawn appointed a single manager to manage the school to the overcrowding in this school; and if she will for a period of six months in accordance with the make a statement on the matter. [3778/07] relevant provisions of the Education Act 1998. This period has been extended by a further 6 532. Mr. Connaughton asked the Minister for month period up to and including 13th March, Education and Science the position regarding an 2007. The resolution of difficulties in the school application by Galway County VEC for funding is a matter in the first instance for the authorities for the provision of an extension to a school of the school. In this regard, I understand that (details supplied) in County Galway; if her atten- the single manager is making strenuous efforts to tion has been drawn to the overcrowding in this resolve the outstanding difficulties at the school school; and if she will make a statement on the having due regard to the rights of all concerned. matter. [3829/07] I am not in a position to indicate the reasons why individual parents decided to transfer their chil- Minister for Education and Science (Ms dren from the school in question to other schools. Hanafin): I propose to take Questions Nos. 526 and 532 together. Schools Refurbishment. An application for an extension has been received from the school to which the Deputy 525. Mr. Connaughton asked the Minister for refers. An assessment of projected enrolments, Education and Science the position of an appli- demographic trends and housing developments in cation by Galway County Vocational Education the area, is currently underway in the Depart- Committee for funding for the provision of an ment which will assist in determining the long extension to a school (details supplied) in County term projected enrolment for the school on which Galway; if her attention has been further drawn the school’s long term accommodation needs will to the overcrowding in this school; and if she will be based. When the long-term projected enrol- make a statement on the matter. [3777/07] ment has been finalised and agreed with the school authorities the Department will draw up 533. Mr. Connaughton asked the Minister for schedules of accommodation for the project Education and Science the position regarding an which will be considered in the context of the application by Galway County VEC for funding School Building and Modernisation Programme for the provision of an extension of a school The school has also submitted an application (details supplied) in County Galway; if her atten- for funding under the Permanent Accom- tion has been drawn to the overcrowding in this modation Scheme 2007. All applications received school; and if she will make a statement on the under this scheme are under consideration and matter. [3830/07] the list of successful applicants will be published shortly. Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 525 and 533 together. Schools Building Projects. An application for an extension has been received from the school to which the Deputy 527. Mr. Ferris asked the Minister for Edu- refers. An assessment of projected enrolments, cation and Science when, having already been demographic trends and housing developments in informed that a school (details supplied) in the area, is currently underway in the Depart- County Kerry is included in the school building ment which will assist in determining the long programme 2006-2010, construction of the new term projected enrolment for the school on which school will start; and if she will make a statement the school’s long term accommodation needs will on the matter. [3782/07] be based. When the long-term projected enrol- ment has been finalised and agreed with the Minister for Education and Science (Ms school authorities the Department will draw up Hanafin): The need for a replacement school on schedules of accommodation for the project a greenfield site for Blennerville National School which will be considered in the context of the has been determined by my Department. A suit- School Building and Modernisation Programme. able site has been acquired for that purpose. The 1921 Questions— 6 February 2007. Written Answers 1922 building project required to deliver the new resentations made to this Deputy she or her rep- school will be progressed in the context of the resentatives will agree to meet with the parents School Building and Modernisation Programme. and teachers association to address their con- cerns. [3816/07] Schools Amalgamation. Minister for Education and Science (Ms 528. Mr. Ferris asked the Minister for Edu- Hanafin): The Department is addressing the issue cation and Science the current position regarding to which the Deputy refers through the relative the proposed amalgamation of both primary Patron bodies which is the correct protocol. The schools in Lixnaw, County Kerry; and if she will Department is hopeful of a resolution of the make a statement on the matter. [3783/07] matter in the near future. Minister for Education and Science (Ms Hanafin): The two primary schools referred to by Schools Building Projects. the Deputy have indicated to the Department 531. Mr. McEllistrim asked the Minister for that they propose to amalgamate to provide for a Education and Science when a new national single co-education national school to serve the school will be built (details supplied) in County area. Before progressing the project further and Kerry; and if she will make a statement on the in order to ensure that any capital funding allo- matter. [3822/07] cated to assist in the amalgamation being pro- vided represents optimal use of resources and is Minister for Education and Science (Ms appropriate to meet the school’s long term Hanafin): The accommodation needs of the accommodation needs, it will be necessary to con- school in question are under consideration by the sider the possibility of utilising the existing School Planning Section of the Department. In school buildings. order to ensure that the appropriate level of My Department has recently received accommodation is provided, officials in the additional technical information in relation to the Department recently visited the school and existing school buildings from the school auth- carried out a technical inspection of the existing orities. The next step is to have a technical inspec- facilities. Department Officials are now reas- tion of the existing buildings carried out to deter- sessing the long-term projected staffing figure on mine their suitability. When this inspection has which accommodation needs will be based. When been completed, the project will be progressed in this figure has been determined it will be con- the context of the School Building and Modernis- sidered, with the technical report on the school ation Programme. building, with a view to making an informed decision on how best to deliver the required Schools Building Projects. accommodation. 529. Mr. Ferris asked the Minister for Edu- Question No. 532 answered with Question cation and Science the action her Department No. 526. will be taking regarding the recommendations that were contained in a recent report on schools Question No. 533 answered with Question in north Kerry; and if she will make a statement No. 525. on the matter. [3784/07]

Minister for Education and Science (Ms 534. Mr. Neville asked the Minister for Edu- Hanafin): The local area development plan for cation and Science the position with regard to North Kerry is the framework document for the plans to construct a new community college at Department’s long-term educational strategy at Croom, County Limerick. [3838/07] both primary and post-primary level for the area concerned. The recommendations in the plan are Minister for Education and Science (Ms being considered in the context of the School Hanafin): County Limerick VEC made an appli- Building and Modernisation Programme in cation to my Department for funding towards the accordance with the published prioritisation provision of a new school building for Croom. criteria for large scale building projects. Given the restricted nature of the existing site, approval was given by my Department to County Limerick VEC to purchase a site to facilitate the School Enrolments. development of a new school building. The VEC 530. Mr. Crowe asked the Minister for Edu- have identified a suitable site for the building cation and Science the reason she has failed to project. meet the concerned parents and teachers of a The School Planning Section of my Depart- school (details supplied) in County Kildare in ment is currently preparing the Long Term Pro- relation to her Department’s plan to move jected Enrolments on which the accommodation another school which has led to concerns of needs will be based. When the long-term pro- potential overcrowding, loss of facilities and jected enrolment has been finalised and agreed future enrolment problems; and if in view of rep- with the school authorities, my Department will 1923 Questions— 6 February 2007. Written Answers 1924

[Ms Hanafin.] policy regarding adult education; and if she will draw up schedules of accommodation for the new make a statement on the matter. [3962/07] building. The project will then be progressed in the context of the School Building and Modernis- Minister of State at the Department of Edu- ation Programme. cation and Science (Mr. Haughey): My Depart- ment provides annual funding for the Further and Maintenance Grant Scheme. Adult Education programmes of VECs, including Community Education programmes, to which the 535. Dr. Upton asked the Minister for Edu- question refers. The disbursement of Community cation and Science the reasons for Section 6, 3, Education funds in its area, and the establishment 6 of the City of Dublin PLC maintenance grant of priorities and criteria for doing so, are matters scheme; if she will review this section to allow for each VEC. While VECs must remain within persons who ever availed of a grant to be eligible budget and submit accounts of expenditure in due to do so; her views on the case of a person (details course, it is not necessary for a VEC to consult supplied); and if she will make a statement on the the Department on operational details of Further matter. [3839/07] and Adult Education programmes. The City of Waterford VEC has informed the Minister for Education and Science (Ms Department, in response to an enquiry, that no Hanafin): The Maintenance Grant Scheme for classes have actually ceased on the pretext that Students attending Post Leaving Certificate they are not specifically aimed at target groups. courses is administered by the Vocational Edu- cation Committees on behalf of my Department. Clause 6.3.6 of my Department’s Maintenance School Enrolments. Grant Scheme for students attending Post Leav- 537. Mr. Penrose asked the Minister for Edu- ing Certificate (PLC) courses provides as follows; cation and Science the efforts being made by her “Grants may not be paid in respect of a second Department to cater for the significant increase period of attendance at the same level for a in primary school going age children in Mullingar course approved for the purposes of this scheme, town, County Westmeath; the discussions she has irrespective of whether or not a grant was paid had with Westmeath County Council in this previously. The Vocational Education Commit- regard in view of that fact that the future pro- tee will have discretion to waive this provision in jected increase in such school going children is exceptional circumstances such as serious certi- very significant; if her Department has taken fied illness.” steps to identify a site especially on the western There is no provision under the PLC Scheme side of Mullingar with a view to erecting a new for candidates to receive funding where a candi- primary school to accommodate the huge date previously pursues a PLC course but fails to increase in population that is a clearly evident complete the course. there; and if she will make a statement on the Officials in my Department understand that matter. [3963/07] the student referred to by the Deputy attended a FETAC Level 5 course in 2003 but left the course Minister for Education and Science (Ms after a couple of weeks. They also understand Hanafin): My Department accepts that Mullingar that the same student is going to pursue another is a developing town and is taking a number of FETAC Level 5 PLC course. steps to ensure that its future needs are met in a Accordingly, with reference to the above pro- timely fashion. In this regard, progress on a visions of the P.L.C Scheme, the student referred number of large scale building projects is being to by the Deputy is ineligible for grant assistance considered for progression under the School in respect of another course at FETAC Level 5. Building and Modernisation Programme. This There are no plans at present to change this involves a combination of extensions, refur- provision. bishments, and the provision of new school build- ings. In addition, an in depth examination of both Adult Education. primary and post primary infrastructural pro- vision in Mullingar has been carried out in School 536. Mr. Deasy asked the Minister for Edu- Planning Section. The census figures for cation and Science if her attention has been Mullingar have been taken into account in this drawn to the fact that the City of Waterford examination the findings of which will inform the Vocational Education Committee is closing many extent and nature of any future provision to be of the classes at the Adult Education Centre in made. Waterford City on the pretext that they are not specifically aimed at target groups; if her atten- School Services Staff. tion has further been drawn to the fact that this is a cause of great concern and upset for those 538. Dr. Cowley asked the Minister for Edu- currently attending the affected classes; if she has cation and Science if she will make a statement been consulted regarding the closure of these on the anomaly which exists regarding the pay- classes; if this action is in accordance with her ment of school secretaries, with some getting paid 1925 Questions— 6 February 2007. Written Answers 1926 directly by her Department with proper salaries of the religious ethos exemption; if this exemp- and pension entitlements while others doing the tion needs to be revisited or abolished to ensure it same work are reliant on the amount the school is not being used as a cover for racially motivated authorities decide to a pay them; and if she will discrimination; and if she will make a statement make a statement on the matter. [3964/07] on the matter. [3966/07]

539. Dr. Cowley asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if her attention has been Hanafin): The appointment of a primary teacher drawn to the fact that some school secretaries is a matter for the school Board of Management. being paid directly by schools have not received My Department’s function is to ensure that the the pay increase granted in July 2006 or the appointment is warranted by reference to the increase granted from January 2007, with schools staffing schedule and to ensure that the person pleading an inability to pay despite circulars sent being appointed is qualified for the post. from her Department to schools stating differ- Boards of Management are obliged to recruit ently, her views on whether this deems her and employ fully qualified primary teachers for Department not to be an equal opportunities any vacancy in the school, regardless of the dur- employer; and if she will make a statement on the ation of the vacancy. Information regarding matter. [3965/07] recognised qualifications can be obtained from the Primary Administration Section of my Minister for Education and Science (Ms Department. Hanafin): I propose to take Questions Nos. 538 The procedures for the appointment of and 539 together. teachers as outlined in the Constitution of Boards My Department provides funding towards the and Rules of Procedures for Boards of Manage- cost of secretarial services in primary schools ment of National Schools must be adhered to at under two separate schemes. One scheme is the all times. 1978/79 scheme for the employment of full-time secretaries in primary schools, under which my Department meets the full cost of salary. This Youth Services. scheme is being phased out as posts become vac- 541. Ms O’Sullivan asked the Minister for ant and no new posts are being created. This Education and Science if her Department will scheme has been superseded by a more extensive urgently address the funding problems of six grant scheme now referred to as the Ancillary youth projects under the umbrella of Donegal Services grant. Youth Service which are in danger of closing due The standard rate of grant per pupil under the to the fact that their funding under Border Action Ancillary Services scheme has been increased has ceased; if the Minister of State for Youth \ substantially in recent years — from 102 in 2002 Affairs will meet representatives of the groups \ to 145.50 from 1st January, 2007. The amount of concerned, which have corresponded with him; grant paid to an individual school is determined and if she will make a statement on the by the enrolment in the school. matter. [3996/07] The Ancillary Services grant scheme is flexible in nature, giving Boards of Management discre- Minister of State at the Department of Edu- tion as to the manner in which secretarial services cation and Science (Mr. Haughey): The Youth are provided. The grants paid are not directly Affairs Section of my Department has received linked to any objective pay scales. The level and an application for funding from the Donegal extent of services provided is a matter for the Community Youth Project on behalf of a consor- school authorities who, through the discretion tium of six youth and community projects located afforded by the scheme, apply diverse arrange- across Co. Donegal. This application was submit- ments for secretarial services as resources permit. As the secretaries are employees of individual ted for consideration in the 2007 round of grants schools, my Department does not have any role under the Special Projects for Youth Scheme. in determining the pay and conditions under Funding allocations for 2007 are currently which they are engaged. These are matters to be being examined by my Department and consider- agreed between the staff concerned and the ation will be given to this application in light of school authorities. There are no proposals at available financial resources, existing commit- present to change this position. ments and other applications for funding. having regard to the overall provision for the youth School Staffing. sector. ´ 540. Aengus O Snodaigh asked the Minister for Official Travel. Education and Science if her attention has been drawn to reports that immigrant teachers, includ- 542. Mr. Cuffe asked the Minister for Edu- ing teachers with desperately needed skills such cation and Science the distance she travelled with as English as a second language have been a view to determining her carbon footprint, by air refused posts in primary schools on the grounds using commercial airlines in the last year for 1927 Questions— 6 February 2007. Written Answers 1928

[Mr. Cuffe.] during 2006 I undertook a total of 19 trips using which figures are available; and if she will make commercial airlines. This involved 7 trips abroad a statement on the matter. [4021/07] and 12 trips within Ireland totalling 64,982 kilo- metres. A table of individual journeys showing Minister for Education and Science (Ms destination and total kilometres is attached. Hanafin): In the course of my official business

List of Ministerial Trips undertaken in Ireland and Abroad in 2006

Destination Date From Date To Purpose of Trip KMS

New Delhi 15/01/2006 21/01/2006 Official Visit to India 15,544 Beijing 21/02/2006 25/02/2006 Official Visit to China 20,068 Sligo 15/03/2006 15/03/2006 Meeting in Sligo 174 Dubai 17/03/2006 24/03/2006 Official Visit to Dubai 11,878 Cork 30/03/2006 30/03/2006 Meeting in Cork 464 Kerry 17/04/2006 17/04/2006 Meeting in Kerry 266 Dublin/Kerry/Dublin 27/04/2006 01/05/2006 Meetings in Kerry 532 Dublin 02/05/2006 02/05/2006 Return from meetings in Kerry 266 Derry 04/05/2006 04/05/2006 Meetings in Derry 190 Brussels 18/05/2006 19/05/2006 EU Council 1,564 Galway 08/06/2006 08/06/2006 Meeting in Galway 179 London 13/06/2006 14/06/2006 Meeting in London 898 Dublin/Derry/Belfast/Cork 21/06/2006 21/06/2006 Meetings in Cork 536 Dublin 23/06/2006 23/06/2006 Return from Meeting in Cork 232 Athens 26/06/2006 01/07/2006 OECD meeting on Higher Education 5,748 Dublin/Kerry/Dublin 12/10/2006 13/10/2006 Meetings in Kerry 532 Dublin 26/10/2006 26/10/2006 Return from Galway meetings 179 Sligo/Dublin 09/11/2006 09/11/2006 Dublin/Sligo/Derry/Dublin 364 Helsinki 03/12/2006 05/12/2006 Informal Ministerial Meeting on Vocational Education 5,368

Total KMS 64,982

School Staffing. My Department is currently arranging a review of allocations to VEC’s under Co-Operation 543. Ms O’Sullivan asked the Minister for Hours with Other Institutions and the needs of Education and Science if she will make a decision St. Brigid’s will be considered in the context of in the near future on an application for increased this review. cooperation hours for practical subjects for a special school (details supplied) in County Louth, where the students are getting less practical Schools Building Projects. teaching hours than their counterparts in main- 544. Ms O’Sullivan asked the Minister for stream schools; and if she will make a statement Education and Science when she will allocate on the matter. [4033/07] funding to commence the construction of a gael- scoil (details supplied) in County Cork for which Minister for Education and Science (Ms a site and planning permission has been obtained; Hanafin): My Department allocates additional and if she will make a statement on the teaching hours to Vocational Education Commit- matter. [4034/07] tees to support the delivery of education prog- rammes in a range of facilities including special Minister for Education and Science (Ms schools under the heading Co-Operation Hours Hanafin): A suitable site has been acquired by with Other Institutions. These allocations are made in response to specific applications which the Office of Public Works on behalf of my are submitted by the relevant VEC’s in advance Department for this project. The long term pro- of the commencement of the school year to which jected staffing, on which the accommodation they relate. needs will be based, has been determined and St Brigid’s Special School is currently in receipt notified to the school authority. The building pro- of 1,350 Co-Operation Hours. Co. Louth VEC ject required to deliver the new school will be has sought an increase of 418 hours in their allo- progressed in the context of the School Building cation for the 2006/2007 school year. and Modernisation Programme. 1929 Questions— 6 February 2007. Written Answers 1930

545. Mr. Crowe asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if approaches were made to Hanafin): The compulsory school starting age in the owners of the site where a school (details a National School is 6 years of age. Enrolment supplied) in Dublin 22 currently stands; if so, the in individual schools is the responsibility of the reason the decision was not made to build the managerial authority of those schools and my school building there; if alternative sites within a Department does not seek to intervene in closer proximity to Clondalkin Village were decisions made by schools, including decisions on sought; and if the parents were consulted before criteria for enrolment and cut off dates for entry. the decision was made to move the school to My Department’s main responsibility is to ensure Deansrath. [4038/07] that schools in an area can, between them, cater for all pupils seeking places. This may result, Minister for Education and Science (Ms however, in some pupils not obtaining a place in Hanafin): The Department has acknowledged the the school of their first choice. need for a site for a permanent building for the It is the responsibility of the managerial auth- school to which the Deputy refers. The site on orities of schools that are not in a position to which the school is currently located is not avail- admit all pupils seeking entry to implement an able, however, a 0.93 acre site adjacent to the enrolment policy in accordance with the Edu- school was offered by the owner. This is even cation Act. In this regard a board of management smaller than the current school site and is not may find it necessary to restrict enrolment to chil- adequate to provide a modern purpose built 16 dren from a particular area or a particular age classroom school with the full range of ancillary group or, occasionally, on the basis of some other accommodation which all new schools enjoy. criterion. In formulating an admissions policy a Circa 2.5 acres is the minimum amount of land school must, however, ensure it is lawful. In part- required. icular, it must act in accordance with section 7 of Enormous difficulties were encountered in try- the Equal Status Act 2000. ing to acquire a site in what is a built up urban Where a Board of Management refuses to area. In fact, no suitable site at all emerged under the acquisition process. In the circumstances the enrol a student in a school, the parent of the Department had to consider other options and student or, where the student has reached 18 was fortunate that the County of Dublin years of age, the student himself or herself, fol- Vocational Education Committee not alone had lowing the conclusion of any appeal procedures land that could be developed but was willing to at school level, has a statutory entitlement under make this land available. section 29 of the Education Act to appeal that There are any number of schools up and down decision to my Department. A committee is the country that start in one location and are per- established to hear the appeal with hearings con- manently located in another. It also has to be ducted with a minimum of formality. In most remembered that unlike other primary schools, cases appeals must be dealt with within 30 days. Gaelscoileanna do not have catchment areas and Where appropriate, my Department may give are not, therefore, confined to being accommo- whatever directions to the Board of Management dated in specific locations although the Depart- that are considered necessary to remedy the ment will always try to re-locate schools as close matter complained of. The existence of an to an original location if this is possible. It is not appeals procedure serves to ensure that schools realistic, however, in a large urban area to expect abide by their enrolment policies. this to be easily achieved. School communities Details on appealing decisions on enrolment themselves are usually aware of local land issues under section 29 of the Education Act are avail- so re-locations are rarely if ever a problem partic- able on my Department’s website at www.edu- ularly when what is on offer is a multi-million cation.ie. Euro investment to ensure that the children con- cerned have a comfortable high quality learning Physical Education Facilities. environment. 547. Mr. English asked the Minister for Edu- The Department engaged with the Board of cation and Science when she will submit a plan- Management in this matter which comprises ning application for a sports hall at a school parents’ representatives among others. This is the (details supplied) in Dublin 15; if a pre-planning correct protocol. discussion has been held with Fingal County Council; and if she will make a statement on the School Enrolments. matter. [4061/07] 546. Mr. English asked the Minister for Edu- cation and Science the cut-off date for entry to Minister for Education and Science (Ms junior infants in primary schools (details Hanafin): The proposed PE Hall project for the supplied) in 2006; and if she will provide the school referred to by the Deputy is at an early information in tabular form. [4060/07] stage of architectural planning. This project was 1931 Questions— 6 February 2007. Written Answers 1932

[Ms Hanafin.] The decision on eligibility for third level and one that I announced in May 2006 to progress to further education grants is a matter for the rel- tender and construction. evant Local Authority or VEC. The Design Team have been requested to sub- These bodies do not refer individual appli- mit a combined Stage 2/3 submission. When this cations to my Department except, in exceptional documentation is received in my Department my cases, where for example, advice or instruction Officials will arrange a meeting with the School regarding a particular clause in the relevant Authorities and their Design Team in order to scheme is desired. evaluate the documentation. It is envisaged that Under the prescribed terms and conditions of unless there are very exceptional circumstances my Department’s student maintenance grant involved, the meeting will be sufficient to author- schemes, grant assistance may not generally be ise the project to progress to the next stage of awarded in respect of a repeat period of study architectural planning. at the same level, irrespective of whether or not My Department recommends that the Design funding was previously awarded. However, the Team have pre-planning discussions as part of awarding body may waive this provision in excep- preparation of Stage 3 documentation. Planning tional circumstances such as cases of certified Permission is normally applied for as part of serious illness. It should be emphasised, however, Stage 4 of architectural planning. Approval to that this discretion would generally only be exer- progress to Stage 4/5 is given by my Department cised where a candidate is repeating a period of as soon as Stage 3 is cleared. study on the same course. However, Section 473A, Taxes Consolidation Third Level Fees. Act, 1997, provides tax relief, at the standard rate of tax, for tuition fees paid in respect of approved 548. Mr. G. Murphy asked the Minister for courses at approved colleges of higher education Education and Science if she will make a state- including certain approved undergraduate and ment on the assertion made in University of postgraduate courses in E.U. Member States and Limerick’s guide to Payment of Undergraduates in non EU countries. Fees that students who have previously pursued The application form (I.T. 31 Form) to claim but not completed a programme which has not tax relief on tuition fees is available from the attracted exchequer funding may be deemed eli- Revenue Commissioners. Further information is gible for free tuition fees subject to compliance available from ones Local Tax Office or alterna- with the other conditions of the free tuition fees tively from Revenue’s Internet site at initiative; and if the same criteria applies to main- www.revenue.ie. tenance grants. [4083/07] Any general extension to the scope of the grants scheme can be considered only in the light Minister for Education and Science (Ms of available resources and in the context of com- Hanafin): One of the conditions of my Depart- peting demands and priorities within the edu- ment’s Free Fees Initiative is that students who cation sector. There are no plans at present to have previously pursued but not completed a extend the scope of the student support schemes course which has not attracted any exchequer to students who have previously pursued a course funding may be deemed eligible for free fees sub- but not completed it. ject to compliance with the other conditions of the Free Fees Initiative. In addition my Department funds four main- Psychological Service. tenance grant schemes for third level and further 549. Mr. Stanton asked the Minister for Edu- education students which are administered by the cation and Science the ways in which the National Local Authorities and the Vocational Education Educational Psychological Service supports the Committees. The Higher Education Grant personal, social and educational development of Scheme operates under the Local Authorities all children in primary and post-primary schools (Higher Education Grants) Acts, 1968 to 1992. as outlined in her response to Parliamentary Generally speaking, students who are entering Question No. 1718 of 31 January 2007; the way in approved courses for the first time are eligible for which all pupils in those schools that do not have maintenance grants where they satisfy the rel- direct access to psychological assessment are so evant conditions as to age, residence, means and supported; and if she will make a statement on nationality. the matter. [4084/07] The decision on eligibility for third level or further education grants is a matter for the rel- Minister for Education and Science (Ms evant local authority or VEC. These bodies do Hanafin): The National Educational Psychologi- not refer individual applications to my Depart- cal Service operating within my Department pro- ment except, in exceptional cases, where, for vides a range of services both direct and indirect example, advice or instruction regarding a part- which support the personal, social and edu- icular clause in the relevant scheme is desired. cational development of all children in primary 1933 Questions— 6 February 2007. Written Answers 1934 and post-primary schools. As outlined in my reply promote the skills for living, for responsible to the deputy’s recent question No. 1718 in this decision making, and for mental, physical and regard NEPS provides access to psychological emotional health and well-being. Psychologists assessment either directly from the National Edu- from NEPs have contributed to major aspects of cational Psychological Service of my Department the above programmes. or through the Scheme for Commissioning of All post-primary schools provide a guidance Psychological Assessments (SCPA). and counselling service for their students and As also mentioned NEPS provides assistance they receive ex-quota hours from the Department to all schools and school communities that experi- for this provision. The Guidance programme in ence critical incidents, informing planning struc- schools is designed to offer a range of learning tures within which school authorities can prepare experiences to students in the areas of personal for such unfortunate events and, when requested development, educational guidance and career by such authorities, providing the direct support development. Guidance counsellors are qualified of local NSPS psychologists. to provide personal counselling support on a one NEPS processes applications for Reasonable to one basis to students where needed. Accommodation in Certificate Examinations and NEPS and NEPS Psychologists interface at a responds to queries in relation to individual chil- number of levels with the Guidance Counsellors, dren from other sections of my Department and having participated in the National Guidance from specialist agencies. NEPS also provides a Forum, meeting on an on-going basis with the service to children with visual impairment irres- National Centre for guidance in education pective of the school which they attend. (NCGE) and the institute for Guidance Counsel- Along with other elements of my Department lors (IGC) and engaging with guidance prac- NEPs has had direct in-put into the formulation titioner cluster groups around the country. of my Department’s General Allocation model introduced for all primary schools last year, Special Educational Needs. which, supported by the provision of over 600 550. Mr. Stanton asked the Minister for Edu- extra resource teachers, means that children with cation and Science the appeals mechanism in high-incidence special needs no longer have to place in order to appeal certain decisions or undergo an individual assessment before they can recommendations made by special educational get access to extra support. Psychologists from needs organisers; and if she will make a statement NEPS are assigned to the recently formed on the matter. [4085/07] National Behavioural Support Service which is currently structuring a piloting of its activities Minister for Education and Science (Ms with a number of schools nationwide Hanafin): The Deputy may be aware that the At a broader level NEPS has provided advice Education for Persons with Special Educational input and expertise from the psychological per- Needs (EPSEN) Act 2004 was enacted in July spective to the formulation of a range of supports 2004. The Special Education Appeals Board aimed directly at personal, social and educational (SEAB) was established under section 36 of the development of students in Primary and/or Post Act to hear and determine appeals pursuant to a Primary schools. number of sections of the Act. The SEAB will Social Personal and Health Education has been become operational as soon as the relevant part of the national curriculum in all primary sections of the Act have come into effect. The schools since September 2003. It is delivered to relevant sections of the Act could not come into children at all levels from infants upwards. It pro- effect without the NCSE having an opportunity vides particular opportunities to foster the per- to present an implementation report to me, which sonal development, health and well-being of the it did recently and I am currently considering its individual child, to help the child to create and contents. maintain supportive relationships and to become In the interim, the NCSE will undertake to an active responsible citizen in society. The cur- review a decision taken by a special educational riculum is built around 3 strands and deals with needs organiser (SENO) on foot of a request issues such as making decisions, developing self from a school or parents/guardians, when confidence, growing and changing, personal accompanied by relevant additional information, safety, relating to friends, family and others, which may not have been to hand at the time of handling conflict, respecting difference and the decision. The NCSE has outlined this process awareness of bullying. in its Circular 01/05. All post-primary schools are required to implement SPHE as part of the Junior Cycle core Schools Building Projects. curriculum from September 2003. Its content is comprehensive and it is presented in ten modules 551. Mr. Curran asked the Minister for Edu- which address topics and issues relevant to the cation and Science the position regarding the lives of the students. The overall aim is to help planned proposed extension for a school (details develop students’ confidence and self esteem, and supplied) in County Dublin; the proposed works 1935 Questions— 6 February 2007. Written Answers 1936

[Mr. Curran.] advise that a school must report to the NEWB and to advise if this project has gone through the where a decision has been taken to expel a planning process; and the timeframe for the pro- student. Schools are also required to periodically ject. [4086/07] report to the NEWB on student absences. I am pleased to advise the Deputy that my Minister for Education and Science (Ms Department’s Estimates for 2007 include a pro- Hanafin): The proposed refurbishment and vision of \9.8 million for the National Edu- extension project for the School referred to by cational Welfare Board. This represents an the Deputy is at an early stage of architectural increase of 20% on the 2006 allocation and of planning. My Department recently completed a 50% on the 2004 level. This substantial increase review of the long term projected enrolment in in funding is a clear indication of this Govern- the school and consequently the brief for the ment’s commitment to prioritise investment in building project has been revised from 16 favour of those most at risk. The increase in fund- classrooms to 24 classrooms. The Design Team ing for the Board will allow it to expand its have been requested to submit a Stage 1/2 sub- services further and increase staffing. mission based on this revised brief. When this The Board operates through 5 regional teams, documentation is received in my Department my with bases in Dublin, Cork, Limerick, Galway Officials will arrange a meeting with the School and Waterford. A service is provided from 26 Authorities and their Design Team in order to locations nationwide. Staff are deployed in areas evaluate the documentation. It is envisaged that of greatest disadvantage and in areas designated unless there are very exceptional circumstances under the Government’s RAPID programme. In involved, the meeting will be sufficient to author- addition, the Board follows up on urgent cases ise the project to progress to the next stage of nationally where children are not currently architectural planning. receiving an education. Educational Welfare Further progression of the project will be con- Officers monitor school attendance and work to sidered in the context of the Schools Building and improve it. They also help parents that are Modernisation Programme 2007-2013. Over \4.8 experiencing a difficulty with getting a school billion will be provided for school building infra- place for their child. structure under the new NDP 2007-2013. Since January 2004, 20,000 cases involving students with reported school attendance diffi- School Absenteeism. culties have been resolved by the Board. The NEWB has also written to every family with chil- 552. Mr. Curran asked the Minister for Edu- dren of school going age advising them of their cation and Science the number of students in post rights and responsibilities in relation to education primary and primary schools in Clondalkin, and school attendance and where they can get Dublin 22, reported for critical absenteeism in help. 2006. [4087/07] The first national data on school attendance has also been collected and is being used to 555. Mr. Curran asked the Minister for Edu- inform the Board’s work. In relation to the effec- cation and Science the number of students in tiveness of the service, it is encouraging to note primary and post primary schools in Lucan, research findings that attendance at school in the County Dublin, reported for critical absenteeism areas where EWOs are working intensively in 2006. [4090/07] improved in 2004/05 compared with the previous year. So, while the NEWB was set up just three Minister of State at the Department of Edu- years ago, a lot has already been achieved by the cation and Science (Mr. B. Lenihan): I propose service and the Government is committed to to take Questions Nos. 552 and 555 together. strengthening its role even further. The Education (Welfare) Act, 2000 established It should, however, be remembered that the the National Educational Welfare Board Board is just one aspect of the comprehensive (NEWB) as the single national body with framework that this Government has put in place responsibility for school attendance. The Act pro- to improve school attendance and encourage vides a comprehensive framework promoting reg- more young people to finish school. In this ular school attendance and tackling the problems regard, extra supports targeted at young people of absenteeism and early school leaving. The in disadvantaged areas include both educational general functions of the Board are to ensure that initiatives such as intensive literacy programmes each child attends a recognised school or other- and services such as breakfast clubs and home- wise receives a certain minimum education. work clubs. In January 2005, the National Educational In fact, in addition to the NEWB, there are cur- Welfare Board (NEWB) issued guidelines to the rently some 490 staff within the education sector management authorities of all primary and post with a role in school attendance. Home School primary schools on reporting student absences, Community Liaison Coordinators, in working suspensions and expulsions. These guidelines with parents, promote school attendance and its 1937 Questions— 6 February 2007. Written Answers 1938 importance for success in school. School attend- Leaving Certificate level, with effect from ance is a central objective of School Completion September 2007. Programme with attendance tracking a core fea- I am aware of the benefits that good use of ICT ture and one of its preventative strategies. Access can bring to our children’s education and I am to these services is being increased under the new conscious of the need for further investment to Action Plan for tackling educational disadvan- realise the full potential of integrating ICT into tage, DEIS. teaching and learning and I intend to publish a With regard to the specific data requested by comprehensive new ICT strategy this year cover- the Deputy, information on the levels of critical ing the period of the new National Development absenteeism in the Clondalkin and Lucan areas is Plan to 2013. not readily available. Question No. 555 answered with Question No. 552. ICT Programme. 553. Mr. Curran asked the Minister for Edu- Higher Education Grants. cation and Science the amount of funding allo- cated to schools in Lucan, County Dublin for 556. Mr. English asked the Minister for Edu- information and communications technology pur- cation and Science if an application for a higher poses for the years 2004, 2005 and 2006. education grant for a person (details supplied) in [4088/07] County Meath has been decided on by Meath VEC; if not when this application will be decided on and if the applicant will be informed of this 554. Mr. Curran asked the Minister for Edu- decision in order that the applicant can continue cation and Science the amount of funding allo- with third level education. [4100/07] cated to schools in Clondalkin, Dublin 22 for information and communications technology pur- 557. Mr. English asked the Minister for Edu- poses for the years 2004, 2005 and 2006. cation and Science if an application for a higher [4089/07] education grant for a person (details supplied) in Minister for Education and Science (Ms County Meath has been decided on by Meath Hanafin): I propose to take Questions Nos. 553 VEC; if not, when this application will be decided and 554 together. on and if the applicant will be informed of this While the specific information sought by the decision in order that the applicant can continue Deputy is not readily available, the two recent with third level education. [4101/07] investment priorities under the ICT in Schools Minister for Education and Science (Ms Programme have been the provision of net- Hanafin): I propose to take Questions Nos. 556 working grants to schools and the Schools Broad- and 557 together. band Access Programme. Schools were invited to My Department has contacted County Meath submit proposals for the development of their VEC, the awarding body responsible for assessing networking capability in June 2004 and grants tot- the grant applications for the students referred to alling some \23m have since issued to schools. by the Deputy. The roll-out of broadband connectivity to all Meath VEC has confirmed that the candidates recognised schools is being undertaken in part- were awarded the Non-Adjacent rate of the nership with industry, in the context of the joint Maintenance grant plus the student services Government — IBEC — TIF charge. (Telecommunications and Internet Federation) three year Agreement to fund local connectivity at school level. The broadband connectivity is Schools Building Projects. being provided via a Schools National Broadband 558. Mr. Costello asked the Minister for Edu- Network supported by HEAnet, in order to cation and Science if her attention has been provide managed Internet access, email, security drawn to the fact that a school (details supplied) controls and content filtering. A broadband sup- has been in existence for ten years in dilapidated port service is being managed by the National prefab buildings and that these conditions are Centre for Technology in Education (NCTE) to totally unsatisfactory for the education of chil- assist schools with advice and information relat- dren; her plans to replace the prefabs with a per- ing to the roll-out and ongoing use of their broad- manent new school; and if she will make a state- band connectivity within the schools network. ment on the matter. [4102/07] The overall costs of the Schools Broadband Access Programme, including the initial set-up Minister for Education and Science (Ms and ongoing costs over the three years, are in the Hanafin): The Department has an application region of \30m. from the school referred to by the Deputy for a A further \25m has been provided in grants to new school building. Officials in School Planning some 500 post-primary schools to enable them to Section are considering a number of options for upgrade their facilities to enable them to provide the long term solution to the school’s accom- the new Technology syllabus and the revised modation difficulties. Among the options being Design and Communication Graphics syllabus at considered is the possibility of securing a Green- 1939 Questions— 6 February 2007. Written Answers 1940

[Ms Hanafin.] Minister for Defence (Mr. O’Dea): I can only field site in the area and our agents in this regard comment in very general terms about the circum- — the Office of Public Works — are pursuing this stances described by the Deputy. in tandem with a number of other options being The Defence Forces look at any application considered by the Department. made for discharge, on compassionate grounds, The Department acknowledges the need for a in a fair, caring and sympathetic manner on a case solution to the schools accommodation diffi- by case basis, while having due regard to any culties and is committed to working to achieve a other relevant issues arising in the context of the satisfactory solution as soon as possible. application. The facilities of the Personnel Support Services Consultancy Contracts. (PSS), which includes a civilian Social Worker service, are available to assist in any way possible. 559. Mr. F. McGrath asked the Minister for I have verified that the PSS may be contacted by Education and Science the contracts won by a the person in question for advice and assistance company (details supplied) for her Department in progressing her application. and bodies since 2000; the value of these con- tracts; and if these contracts were properly adver- Defence Forces Reserve. tised in a transparent way. [4545/07] 562. Mr. Allen asked the Minister for Defence Minister for Education and Science (Ms his proposals to remedy the ongoing delay in fill- Hanafin): The information requested by the ing officer appointments in the Reserve Defence Deputy is being compiled in my Department and Forces; his views on the effect on officer morale; will be sent to him as soon as possible. and the action he proposes to take to compensate officers who should have been promoted and who will be disadvantaged for further promotion Decentralisation Programme. based on time served in current rank. [3497/07] 560. Mr. F. McGrath asked the Minister for Defence if he will support and examine the possi- Minister for Defence (Mr. O’Dea): The bility of offering Dublin based staff the oppor- military authorities have advised that an Admin- tunity to work nearer to their homes in the decen- istrative Instruction providing for promotion tralisation plan; and if sensible offers will be from the rank of Captain (Army made due to traffic and congestion issues. Reserve)/Lieutenant (Naval Service Reserve) to [3384/07] Commandant (Army Reserve)/Lieutenant Com- mander (Naval Service Reserve) is expected to Minister for Defence (Mr. O’Dea): The be approved in the immediate future. Government decision on decentralisation, This Administrative Instruction incorporates announced by the Minister for Finance in his best contemporary practice and procedures and Budget statement on 3 December 2003, provides reflects, in so far as possible, the comparable pro- for the transfer of all of my Department’s Dublin cedures currently in place in the Permanent based civil service staff to Newbridge, Co. Defence Force. Promotion Boards have under- Kildare. The number of staff to be relocated to gone formal training and it is intended to com- Newbridge is 200. mence promotion competitions no later than The arrangements regarding the assignment of April 2007. staff who wish to remain in Dublin are decided, It is expected that these new procedures, which in the first instance, by the Department of Fin- reflect best contemporary practice, and the hold- ance. My Department complies with any such ing of competitions will impact positively on the arrangements. morale of officers. Any delay in the filling of To date, 20 of my Department’s staff have vol- appointments has been a consequence of prepar- unteered for assignment to the Central Statistics ing the necessary changes to procedures as out- Office, Swords; the Courts Service, Smithfield; lined above. the Office of the Director of Public Prosecutions and the civilian area of An Garda Sı´ocha´na and 563. Mr. Allen asked the Minister for Defence have been facilitated in this regard. My Depart- the number of officers promoted to fill vacancies ment will continue to make every effort to ensure in the Reserve Defence Forces to date, since its that staff remaining in Dublin are relocated as formation on 1 October 2005, by rank and forma- near to the area of their choice as possible. tion. [3498/07] Minister for Defence (Mr. O’Dea): There have Defence Forces Discharge. been five (5) officers promoted to fill vacancies 561. Mr. Gregory asked the Minister for in the Reserve Defence Force in the period from Defence if a person (details supplied) will be 1 October, 2005 to date. The promotions, by rank given a compassionate discharge form the and formation, are outlined in the following tabu- Defence Forces. [3455/07] lar statement. 1941 Questions— 6 February 2007. Written Answers 1942

Rank to which Promoted Promotion Date Formation

Acting Lt. Colonel 01/10/2005 2 Eastern Brigade Acting Lt. Colonel 01/10/2005 Defence Forces Training Centre Acting Lt. Colonel 01/10/2005 1 Southern Brigade Acting Lt. Colonel 01/10/2005 4 Western Brigade Commandant 12/10/2005 Defence Forces Training Centre

Official Travel. to calculate an estimate of air miles flown from hours flown, it is necessary to multiply the hours 564. Mr. Cuffe asked the Minister for Defence flown by the average aircraft speed. The average the distance he travelled with a view to determin- speed of the Air Corps aircraft used in provision ing his carbon footprint, by air using commercial of the Ministerial Air Transport Service is set out airline, the Government jet and helicopter in the in the following table. last year for which figures are available and the distance for all Government Departments in Aircraft Average Speed relation to the Government jet and helicopter; and if he will make a statement on the matter Gulfstream IV 410 nautical miles per hour [4020/07] Learjet 45 400 nautical miles per hour Beechcraft 220 nautical miles per hour CASA 200 nautical miles per hour Minister for Defence (Mr. O’Dea): I made no official journeys by commercial airline in 2006. EC 135 helicopter 130 nautical miles per hour With regard to distance travelled by members Alouette helicopter 90 nautical miles per hour of the Government on Air Corps aircraft in 2006, I am advised that the Air Corps does not use this A schedule setting out the journeys undertaken method to calculate aircraft utilisation. Instead, by each member of Government, including hours aircraft usage is recorded as hours flown. In order flown, on all Air Corps aircraft in 2006 follows.

Minister For Agriculture & Food

Gulfstream IV

Date Return Date Ministerial time on Route board (minutes)

22-May-06 22-May-06 190 Baldonnel — Derry — Brussels — Baldonnel 19-Jun-06 19-Jun-06 100 Baldonnel — Luxembourg — Baldonnel 28-Jun-06 28-Jun-06 120 Baldonnel — Geneva — Rome 01-Jul-06 01-Jul-06 150 Baldonnel — Geneva — Derry — Baldonnel 24-Sep-06 24-Sep-06 170 Baldonnel — Oulu (Helsinki) — Baldonnel 20-Nov-06 21-Nov-06 300 Baldonnel — Brussels — Berlin — Baldonnel 08-Dec-06 08-Dec-06 45 Baldonnel — Cork — Derry — Baldonnel

Total 1,075

Lear

Date Return Date Ministerial time on Route board (minutes)

22-Jan-06 24-Jan-06 120 Baldonnel — Derry — Brussels — Baldonnel* 09-Feb-06 09-Feb-06 90 Baldonnel — Brussels — Baldonnel 19-Feb-06 19-Feb-06 90 Baldonnel — Derry — Brussels — Baldonnel 16-Mar-06 16-Mar-06 120 Baldonnel — Derry — Prague — Baldonnel 19-Mar-06 20-Mar-06 185 Baldonnel — Prague — Brussels — Baldonnel 21-Jun-06 22-Jun-06 365 Baldonnel — Rome — Paris — Derry — Baldonnel 18-Jul-06 18-Jul-06 180 Baldonnel — Derry — Brussels — Baldonnel 08-Dec-06 08-Dec-06 30 Baldonnel — Cork — Baldonnel

Total 1,180 1943 Questions— 6 February 2007. Written Answers 1944

[Mr. O’Dea.]

Beech

Date Return Date Ministerial time on Route board (minutes)

06-Apr-06 06-Apr-06 105 Baldonel — Kerry — Sligo — Baldonnel 27-Apr-06 27-Apr-06 45 Baldonnel — Sligo — Baldonnel 1-Oct-06 1-Oct-06 45 Baldonnel — Galway — Baldonnel

Total 195 *Shared mission.

Consultancy Contracts. of the Oireachtas on 25 January 2007. The preser- vation order applies section 14 of the National 565. Mr. F. McGrath asked the Minister for Monuments Act 1930 (as amended) to No. 16 Defence the contracts won by a company (details Moore Street. Under these provisions, any per- supplied) for his Department and bodies under son, including the owner of the national monu- the aegis of his Department since 2000; the value ment, is required by law to apply to the Minister of these contracts; and if these contracts were for the Environment, Heritage and Local properly advertised in a transparent way. Government for prior written consent before [4544/07] undertaking any works affecting the national monument, including disturbance of the ground Minister for Defence (Mr. O’Dea): No con- within, around or in proximity to it. Before giving tracts were awarded to Indecon, Economic Con- any such consent the Minister must consult with sultants, by my Department since 2000. the Director of the National Museum of Ireland. A person who contravenes this provision of the Election Campaign Regulations. National Monuments Acts is guilty of an offence 566. Ms C. Murphy asked the Minister for the and liable, upon conviction, to substantial fines or Environment, Heritage and Local Government terms of imprisonment. his views on putting in place a ban on opinion The protection and upkeep of No. 16 Moore polls during election campaigns; and if he will Street continues to be the responsibility of the make a statement on the matter. [3381/07] building’s owner. More specific measures for the protection and possible enhancement of the Minister for the Environment, Heritage and building in the context of proposals to re-develop Local Government (Mr. Roche): The detailed the area in which the building is located are a arrangements for the conduct of elections are set matter to be considered further in the light of the out in the Electoral Act 1992 and other electoral outcome of legal proceedings currently before the codes. While electoral law is subject to ongoing Supreme Court. review, there are no proposals for legislative change along the lines referred to in the Water and Sewerage Schemes. Question. 568. Mr. Cregan asked the Minister for the Environment, Heritage and Local Government if National Monuments. the initial capital funding approved by his 567. Mr. Costello asked the Minister for the Department for the Kilmallock sewerage scheme Environment, Heritage and Local Government in County Limerick will be adequate to ensure his proposals for protecting No. 16 Moore Street that the agreed preliminary design can be deliv- (details supplied) together with No. 14, 15 and 17 ered; and if he will make a statement on the Moore Street which have had a protection order matter. [4477/07] under the National Monuments Act 1930 placed on them in January 2007; his plans for the 590. Mr. Neville asked the Minister for the development of these buildings in the context of Environment, Heritage and Local Government the aspirations and ideals of Easter 1916; and if the position regarding the upgrading of Kilmal- he will make a statement on the matter. lock sewerage scheme. [3841/07] [3397/07] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): I propose to Local Government (Mr. Roche): A preservation take Questions Nos. 568 and 590 together. order under section 8 of the National Monuments The Kilmallock Sewerage Scheme is included Act, 1930 (as amended) placed on Nos. 14, 15, 16 in my Department’s Water Services Investment and 17 Moore Street was laid before each House Programme 2005-2007 as a scheme to commence 1945 Questions— 6 February 2007. Written Answers 1946 construction this year at an estimated cost of Minister for the Environment, Heritage and \9.46m. Local Government (Mr. Roche): A strategy My Department is awaiting submission of document was prepared by Westmeath County Limerick County Council’s detailed design and Council to avail of support under the Urban and contract documents for the scheme, together with Village Renewal Measure of the Border Mid- the Council’s budget proposals. lands and Western Regional Operational Prog- ramme, 2000-2006. Its proposals include village Water Quality. renewal works at Ballykeeran, Athlone. A grant of \37,873 was provided to Westmeath 569. Mr. Timmins asked the Minister for the County Council for these works, which comprised Environment, Heritage and Local Government the development of green areas, tree planting and the position in relation to a person (details landscaping, and the provision of a new footpath. supplied) in County Wicklow; and if he will make The works were completed in 2004. a statement on the matter. [3400/07] Water and Sewerage Schemes. Minister for the Environment, Heritage and Local Government (Mr. Roche): The EU 571. Ms O. Mitchell asked the Minister for the Nitrates Directive aims to protect all waters Environment, Heritage and Local Government if against pollution from agricultural sources. Part- he will respond to the issues raised by a person icular care is required for the protection of public (details supplied) in Dublin 13; and if he will health in the case of waters which serve as the make a statement on the matter. [3501/07] source of drinking water. The European Com- munities (Good Agricultural Practice for Protec- 580. Mr. Wall asked the Minister for the Envir- tion of Waters) Regulations 2006 implement the onment, Heritage and Local Government his Directive in Ireland and provide statutory sup- views on correspondence; if he plans to address port for good agricultural practice to protect the problems raised; if so, if such proposals will waters against pollution from agricultural require legislation; if he has no plans to address sources. the concerns of the company (details supplied), The Regulations include a prohibition on the the way the company can seek a solution to the application to land of organic fertilisers where the problem; and if he will make a statement on the ground slopes steeply and where taking into matter. [3656/07] account factors such as proximity to waters, soil condition, ground cover and rainfall, there is sig- 586. Mr. F. McGrath asked the Minister for the nificant risk of causing water pollution. The Environment, Heritage and Local Government if Regulations also prohibit the application to land he will rectify the situation in a query (details of organic fertiliser or soiled water within speci- supplied) on misleading certification and if he will fied distances from drinking water abstraction assist on this matter. [3809/07] points: in general the specified distance for larger sources is 200 metres and for smaller water Minister for the Environment, Heritage and sources is 100 metres. These distances are Local Government (Mr. Roche): I propose to take Questions Nos. 571, 580 and 586 together. measured from the actual abstraction point. The Part H of the Building Regulations (Drainage specified distance from the edge of a lake is 20 and Waste Water Disposal) sets out the require- metres. These general prohibitions are con- ments for the treatment of effluent from waste- sidered essential for the protection of sources of water systems. The relevant Technical Guidance drinking water. However, under Article 17(5)(a) Document H (TGD-H) provides guidance on of the Regulations provides that a local authority how to comply with the requirements of Part H. may, in the case of any particular abstraction TGD-H calls up the following standards: point and following consultation with the Environmental Protection Agency, specify an (1) Septic tanks serving single houses: Irish alternative distance where, following prior inves- Standard Recommendations SR6 of 1991 for tigations, the Agency is satisfied that it is appro- Domestic Effluent Treatment and Disposal priate for the protection of waters being from Single Dwellings, issued by the National abstracted at that point. Standards Authority of Ireland (NSAI); and (2) Septic tanks serving groups of houses: Urban Renewal Schemes. British Standard B.S. 6297: 1983 (incorporating 570. Mr. Penrose asked the Minister for the amendment No. 1 of 1990), a Code of Practice Environment, Heritage and Local Government for the Design and Installation of Small Sewage when the village renewal scheme for a village Treatment Works, issued by the British Stan- (details supplied) in County Westmeath will be dards Institution (BSI). put in place; and if he will make a statement on TGD-H also acknowledges that waste water the matter. [3447/07] treatment systems other than septic tanks may be 1947 Questions— 6 February 2007. Written Answers 1948

[Mr. Roche.] authority to make such staffing and organis- used. Such systems are accepted as satisfactory ational arrangements as may be necessary for the provided it can be shown that they are fit for the purposes of carrying out the functions of the local use for which they are intended and for the con- authorities for which he/she is responsible. ditions in which they are used. Part D of the The recently published EPA report on Drink- building regulations (Materials and ing Water Quality in Ireland 2005 indicates that Workmanship) specifies alternative ways of there was insufficient monitoring of water sup- proving compliance, including compliance with plies by certain sanitary authorities in 2005. In the appropriate product standards or being subject to case of Limerick County Council the report certification by an appropriate national certifi- states, inter alia, that there was no monitoring cation body. carried out in 28 public group water schemes and The Irish Agrement Board (IAB) is the 11 private group water schemes. national and European recognized body for certi- The funding provided to local authorities fying new building products or systems for which through general purpose grants from the Local national standards do not exist. The IAB is an independent body which operates under the aegis Government Fund has greatly increased in recent of the Department of Enterprise, Trade and years. The 2007 general purpose grant I have allo- Employment. cated to Limerick County Council is some \ A new European Standard (EN 12566-3), for 26.1m, an increase of 8% on the corresponding small wastewater treatments plants has been amount provided to the Council in 2006. introduced and is now in the transitional phase It should be a priority for all local authorities of implementation. The need for new systems to to meet their statutory obligations in an area as comply with this standard has been brought to important as the quality of public water supplies. the attention of local authorities by Departmental I propose, therefore, to strengthen the statutory Circular Letter BC16/2006 dated 8 November, controls to underpin comprehensive supervision 2006. and monitoring regimes for both local authority The Environmental Protection Agency (EPA) and group water scheme supplies. The Water is currently finalising a revised edition of their Services Bill will introduce a licensing system for Manual on Wastewater Treatment Systems serv- group water scheme supplies, under local auth- ing Single Houses, in consultation with all ority supervision. The Bill will also amend the interested parties. It is understood that the EPA Environmental Protection Agency Act 1992 to Manual will refer to relevant European Standards provide for supervision of local authority supplies and that the NSAI propose to withdraw SR6: by the EPA. 1991, in favour of the proposed new edition of As an interim measure, I intend to strengthen the EPA Manual, when available. My Depart- the European Communities (Drinking Water) ment plans to amend TGD-H, to call up the EPA Regulations, pending the introduction and imple- Manual and to consider any related issues at the mentation of the planned new arrangements time. under the Water Services Bill. Revised Drinking Water Regulations, which I propose to make in Water Quality. the coming weeks will provide for supervision of 572. Mr. Neville asked the Minister for the local authority supplies by the EPA. Local auth- Environment, Heritage and Local Government if orities will continue to be responsible for super- he will provide adequate resources to Limerick vising group scheme supplies, but all monitoring County Council to complete water testing of 39 programmes will in future be subject to approval group water schemes which were not carried out by the EPA. The EPA will in turn be required to by the council because of a lack of resources and supervise the performance by local authorities of lack of staff due to the Government embargo. their monitoring functions. These provisions will [3515/07] considerably strengthen the level of monitoring and enforcement in relation to drinking water Minister for the Environment, Heritage and supplies, and should ensure adequacy and consist- Local Government (Mr. Roche): Minimum ency in monitoring performance across the frequencies for the monitoring of water supplies country. are set out in the European Communities (Drinking Water) Regulations 2000. These Regu- Election Management System. lations transpose the provisions of EU Council Directive 98/83/EC on the quality of water 573. Mr. O’Dowd asked the Minister for the intended for human consumption. Under the Environment, Heritage and Local Government if Regulations sanitary authorities are responsible he is satisfied that, as of the end of January 2007, for the monitoring of drinking water supplies. there are currently sufficient numbers of ballot Under section 159 of the Local Government Act boxes for the up-coming general election. 2001, it is a matter of the manager of each local [3516/07] 1949 Questions— 6 February 2007. Written Answers 1950

574. Mr. O’Dowd asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government if Local Government (Mr. Roche): The Three Riv- he is satisfied that there will be sufficient numbers ers Project was a catchment-based project in of ballot boxes for the up-coming general elec- 1998-2002 to develop water quality monitoring tion; the number currently in the possession of and management systems for the Boyne, Liffey the State and local authorities; the number that and Suir Rivers. The project was led, respectively will have to be acquired; the amount he estimates in relation to each catchment, by Meath County it will cost to acquire the requisite number of bal- Council, Kildare County Council and Carlow lot boxes before the election; and if he will make County Council. The work of the project, includ- a statement on the matter. [3517/07] ing the implementation of the recommendations, is being brought forward by the current River Minister for the Environment, Heritage and Basin District Projects and otherwise in the con- Local Government (Mr. Roche): I propose to text of the implementation of the Water Frame- take Questions Nos. 573 and 574 together. work Directive, 2000. These River Basin District Under electoral law, returning officers are projects are led by local authorities and funded responsible for all matters in connection with the by my Department. The Liffey and the Boyne conduct of elections in the constituencies for catchments lie within the Eastern River Basin which they are responsible. The detailed arrange- District and the Suir catchment lies within the ments in relation to the conduct of elections, South-Eastern River Basin District. including provisions concerning ballot boxes, are With particular reference to recommendations set out in the Electoral Act 1992. The Office of 6D and 6E of the final report from the Three Riv- Public Works provides procurement services for ers Project, my Department is currently returning officers in respect of election equip- developing regulations, to provide for the licens- ment required by them. ing of local authority urban waste-water dis- charges. The licensing controls in relation to these discharges and all other licensed discharges will Social and Affordable Housing. operate to ensure compliance with established 575. Mr. O’Dowd asked the Minister for the environmental quality standards. Environment, Heritage and Local Government the number of social and the number separately Firearms Policy. of affordable housing units completed in each 577. Cecilia Keaveney asked the Minister for local authority for each year from 2000 to 2006 the Environment, Heritage and Local Govern- inclusive; and if he will make a statement on the ment the position in relation to a matter (details matter. [3518/07] supplied) in County Donegal; and if he will make a statement on the matter. [3630/07] Minister of State at the Department of the Environment, Heritage and Local Government Minister for the Environment, Heritage and (Mr. N. Ahern): Details of the number of social Local Government (Mr. Roche): I refer to the and affordable housing units completed in each reply to Question No. 532 of the 14 November local authority for each year 2000 to 2005 and for 2006. The position is unchanged. the 9 months to end September 2006, have been My Department still awaits a proposal from published in my Department’s Housing Statistics Buncrana and Bogay gun clubs, supported by Bulletins, which are available in the Oireachtas details of their traditional usage of the area con- Library, or on the Department’s website at cerned, which would permit discussions about an www.environ.ie. agreement on this topic to proceed. It is anticipated that the accommodation needs of some 60,000 households will be met over the Water and Sewerage Schemes. period 2007-2009, in line with the commitments made under Toward 2016. 578. Mr. Ring asked the Minister for the Envir- onment, Heritage and Local Government the Water Quality. position of a sewerage scheme (details supplied) in County Mayo. [3640/07] 576. Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if Minister for the Environment, Heritage and the recommendations as set out in the final report Local Government (Mr. Roche): The Mayo of Three Rivers Project have been implemented; Towns and Villages Sewerage Scheme, of which the status of the recommendations; if recom- Cross is an element, is approved for funding in mendations 6D and 6E covering the urban waste my Department’s Water Services Investment water treatment regulations have been Programme 2005-2007. implemented in full; and if he will make a state- Mayo County Council’s Preliminary Report for ment on the matter. [3598/07] Cross and a number of other locations is being 1951 Questions— 6 February 2007. Written Answers 1952

[Mr. Roche.] a clear map of the land in question. Such objec- examined in my Department and is being dealt tions must be made within a three-month period with as quickly as possible. of the site being notified. The area will then be reviewed within my Environmental Policy. Department. Should the landowner be dissatis- fied with the outcome they have an option to 579. Mr. Naughten asked the Minister for the refer their case to the Designated Areas Appeals Environment, Heritage and Local Government Advisory Board. his views in relation to the draft Soil Directive; if his Department has considered its impact on agriculture here; if he has discussed the directive Register of Electors. with the Department of Agriculture and Food; 583. Mr. Costello asked the Minister for the and if he will make a statement on the matter. Environment, Heritage and Local Government [3647/07] the steps he has taken to ensure that prisoners are aware of their entitlement to vote; the pro- Minister for the Environment, Heritage and cedures in place in prisons to assist in the regis- Local Government (Mr. Roche): Consideration tration of prisoners; the number of prisoners who of the EU Commission’s proposal for a directive have filled in the new registration forms for a establishing a framework for the protection of postal vote in each of the prisons; and if he will soil is in the early stages. The proposal has impli- make a statement on the matter. [3791/07] cations for a range of activities including agri- culture. My Department has had input from the Minister for the Environment, Heritage and Department of Agriculture and Food on the Local Government (Mr. Roche): The Electoral Commission’s proposal and will continue to liaise (Amendment) Act 2006, enacted in December closely with that Department as consideration of 206 provides for postal voting facilities for the proposal progresses. prisoners. Detailed guidance and application forms in this Question No. 580 answered with Question regard were issued by my Department to all regis- No. 571. tration authorities on 11 January 2007, including guidance on implementation of the statutory Tree Felling Licences. requirement on authorities to give public notice 581. Dr. Upton asked the Minister for the of the new facilities during the period from 19 to Environment, Heritage and Local Government if 26 January; as part of this process, application his Department was consulted by the Department forms with accompanying explanatory notes have of Agriculture and Food with respect to a been made available in all prisons. This material decision to grant a felling licence for a building also issued to the Department of Justice, Equality development at a site (details supplied) in County and Law Reform for transmission to the Prison Tipperary. [3699/07] Service who are responsible for practical imple- mentation of the new arrangements within the Minister for the Environment, Heritage and prisons, including the designation of relevant Local Government (Mr. Roche): My Department officials to perform specified functions in the was consulted by the Department of Agriculture registration and voting processes. In addition, to and Food regarding this felling licence appli- ensure that the new arrangements were publi- cation and had no objection to the granting of the cised as widely as possible, my Department application. However, my Department noted that placed prominent advertisements in the main some of the trees are host to active rookeries and national newspapers on four dates in advance of recommended that these particular trees be felled the public notice period: on Saturday and Sunday before 1 February 2007 to ensure that nestlings 13 and 14 January and on Wednesday and Thurs- are not affected. day 17 and 18 January. The latest date for receipt of applications for Special Areas of Conservation. inclusion on the 2007/2008 prisoners postal voters list is 14 February 2007. Registration authorities 582. Mr. Ring asked the Minister for the Envir- are responsible for compiling the register of elec- onment, Heritage and Local Government the way tors and they will notify prisoners of decisions on persons can appeal the designation of their lands applications when they have been fully con- as special areas of conservation. [3766/07] sidered. Details of the numbers of prisoners on the 2007/2008 postal voters list will be available Minister for the Environment, Heritage and in due course. Local Government (Mr. Roche): A landowner may seek review of a proposed designation of Social and Affordable Housing. land as a Special Area of Conservation (SAC) by making an objection in writing, and based on 584. Mr. Perry asked the Minister for the scientific grounds, to my Department along with Environment, Heritage and Local Government if 1953 Questions— 6 February 2007. Written Answers 1954 his attention has been drawn to the anomaly in or enhancement of the character or special fea- relation to the affordable housing scheme for tures of the area, including objectives for the pre- those working within the State services who do vention or limitation of development in the area. not qualify as they do not meet the income cri- Substantially similar provisions operated in earl- terion; the plans he has to address this situation; ier planning legislation, under which a number of and if he will make a statement on the matter. Special Amenity Area Orders have been made. [3804/07] A Special Amenity Area Order does not necessarily preclude development of lands Minister of State at the Department of the included in the Order. However, planning Environment, Heritage and Local Government decisions must take into consideration the objec- (Mr. N. Ahern): The income criteria used to tives for the prevention or limitation of develop- determine eligibility for affordable housing do ment, as set out in the Special Amenity Area not distinguish between different categories of Order. employment from which income may be derived. Accordingly my Department has not been made aware of the existence of an anomaly as referred Election Management System. to in the Question. 588. Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government Local Authority Schemes. his views on the fact that there is no longer a legal basis for banning the word independent on ballot 585. Mr. Morgan asked the Minister for the Environment, Heritage and Local Government papers at all elections following the recent court when his Department will publish its review of case; and if he will rectify the situation before the the disabled person grant. [3808/07] next election. [3823/07]

Minister of State at the Department of the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): The Supreme (Mr. N. Ahern): A review of the Disabled Per- Court judgment of 13 November 2006 in the cases sons Grant scheme, which incorporated the con- of King /Cooney/ Riordan upheld the legislative ditions governing the Essential Repairs Grant provision for the description “non-party” on the scheme and the Special Housing Aid for the Eld- ballot paper of candidates who are not members erly scheme, has been completed within my of registered political parties. The judgment Department. observed, inter alia, that there is no reason to con- Proposals for the future operation of the clude that the description “non-party” on the bal- schemes will be announced shortly in the context lot paper is misleading. In the circumstances, of a new Housing Policy Statement. there is no proposal to alter current legislation in this regard. Question No. 586 answered with Question No. 571. Water and Sewerage Schemes.

Special Areas of Conservation. 589. Mr. McGinley asked the Minister for the Environment, Heritage and Local Government if 587. Mr. Gogarty asked the Minister for the there are plans to upgrade and extend the sewer- Environment, Heritage and Local Government age system in Dunkineely, County Donegal; and the type of development permitted on lands des- if he will make a statement on the matter. ignated special amenity under a Special Amenity [3836/07] Area order; if there are circumstances where the lands can be developed as a golf course; and if he Minister for the Environment, Heritage and will make a statement on the matter. [3810/07] Local Government (Mr. Roche): Dunkineely was included as an element of the Southern Waste Minister for the Environment, Heritage and Local Government (Mr. Roche): The power of water Bundle Scheme which was ranked as sixth planning authorities to make a Special Amenity priority by Donegal County Council in the list of Area Order, subject to confirmation by An Bord water and sewerage schemes submitted by the Pleanala, derives from section 202 of the Planning Council in response to my Department’s request and Development Act 2000-06. This permits a to local authorities last year to undertake fresh specified area to be declared an area of special assessments of the needs for capital works in their amenity by reason of: its outstanding natural areas and to prioritise their proposals on the basis beauty; or its special recreational value; and hav- of the assessments. The priorities adopted by the ing regard to any benefits for nature con- members of Donegal County Council will be servation. taken into account in the framing of the next Such an Order may state the planning auth- phase of my Department’s Water Services Invest- ority’s objectives in relation to the preservation ment Programme. 1955 Questions— 6 February 2007. Written Answers 1956

Question No. 590 answered with Question the Question refers to the Spiddal Sewerage No. 568. Scheme which is included as a scheme to advance through planning in my Department’s Water 591. Mr. McCormack asked the Minister for Services Investment Programme 2005-07. My the Environment, Heritage and Local Govern- Department is awaiting submission of Galway ment the position regarding the provision of a County Council’s Preliminary Report for the sewerage scheme in Clifden, County Galway; and scheme. if he will make a statement on the matter. [3842/07] 595. Mr. McCormack asked the Minister for the Environment, Heritage and Local Govern- Minister for the Environment, Heritage and ment the position regarding the provision of a Local Government (Mr. Roche): The Clifden sewerage scheme in Roundstone, County Sewerage Scheme is included in my Department’s Galway; and if he will make a statement on the Water Services Investment Programme 2005-07 matter. [3848/07] as a scheme to commence construction this year. Galway County Council’s Preliminary Report for Minister for the Environment, Heritage and the scheme is being examined in my Department Local Government (Mr. Roche): The Round- and is being dealt with as quickly as possible. stone Sewerage Scheme was ranked ninth in the list of sewerage schemes submitted by Galway 592. Mr. McCormack asked the Minister for County Council in response to my Department’s the Environment, Heritage and Local Govern- request to local authorities last year to undertake ment the position regarding the provision of a fresh assessments of the needs for capital works sewerage scheme in Oughterard, County Galway; in their areas and to prioritise their proposals on and if he will make a statement on the matter. the basis of the assessments. The priorities [3843/07] adopted by the members of Galway County Council will be taken into account in the framing Minister for the Environment, Heritage and of the next phase of my Department’s Water Local Government (Mr. Roche): The Oughterard Services Investment Programme. Sewerage Scheme is included in my Department’s Water Services Investment Programme 2005-07 Farm Waste Management. as a scheme to commence construction this year. I have conveyed approval to Galway County 596. Mr. Penrose asked the Minister for the Council to prepare contract documents for the Environment, Heritage and Local Government new waste water treatment plant and upgraded the reason Westmeath County Council has not waste water collection system for the town. been included as part of the collection system put in place by the farm plastic scheme; if in view of 593. Mr. McCormack asked the Minister for Westmeath being overlooked in the initial phase, the Environment, Heritage and Local Govern- he will ensure that Westmeath is included in the ment the position regarding the provision of a next allocation; and if he will make a statement sewerage scheme in Carraroe, County Galway; on the matter. [3967/07] and if he will make a statement on the matter. [3844/07] Minister for the Environment, Heritage and Local Government (Mr. Roche): To address the Minister for the Environment, Heritage and issue of accumulated backlogs of farm plastic, Local Government (Mr. Roche): The Carraroe designated facilities are being provided on a tem- Sewerage Scheme is approved for funding under porary, once-off basis by local authorities where my Department’s Water Services Investment farmers may deposit stockpiled farm film plastic Programme 2005-07. I approved Galway County and silage wrap. This arrangement operated on a Council’s tender recommendation for the con- pilot basis in the first instance in counties Galway, struction of the collection system last year. My Clare, Mayo, Offaly and Waterford during June Department is awaiting submission of the and July of last year. This service is free to the Council’s Contract Documents for the treatment farmer and funding to assist the local authorities plant. is being made available from my Department through the Environment Fund. 594. Mr. McCormack asked the Minister for The collections were well supported by farmers the Environment, Heritage and Local Govern- in the counties participating in the pilot phase, ment the position regarding the provision of a leading to large quantities of plastic being scheme in Spiddal, County Galway; and if he will deposited at designated sites. A significant find- make a statement on the matter. [3847/07] ing from the pilot scheme is that it is not possible to operate collections in a large number of coun- Minister for the Environment, Heritage and ties at the same time due to capacity constraints Local Government (Mr. Roche): I assume that on the part of recovery operators. Accordingly, it 1957 Questions— 6 February 2007. Written Answers 1958 was necessary to roll out the scheme to other Environment, Heritage and Local Government areas on a staggered basis. Arising from a com- the distance he travelled with a view to determin- prehensive examination of the information avail- ing his carbon footprint, by air using commercial able, I approved further collections of waste sil- airlines in the last year for which figures are avail- age / bale wrap by Leitrim, Roscommon, Carlow, able; and if he will make a statement on the Longford, North Tipperary and Wicklow County matter. [4023/07] Councils which recently concluded. Announce- ments regarding further extensions of collections to other areas, including Westmeath, will follow Minister for the Environment, Heritage and a review of this second phase of the scheme. Local Government (Mr. Roche): Details of the journeys I undertook by commercial airline dur- Official Travel. ing the year 2006 are set out in the following 597. Mr. Cuffe asked the Minister for the table:

Date of Travel Origin Destination Distance(km)

05/02/2006 Dublin Paris 05/02/2006 Paris Dubai 10/02/2006 Dubai London

10/02/2006 London Dublin Total: 11,953

10/03/2006 Dublin Amsterdam 10/03/2006 Amsterdam Kuala Lumpur 14/03/2006 Kuala Lumpur Bangkok 15/03/2006 Bangkok Osaka 19/03/2006 Tokyo Paris

20/03/2006 Paris Dublin Total: 32,172

09/05/2006 Dublin New York

12/05/2006 New York Dublin Total: 10,200

13/11/2006 Dublin Amsterdam 13/11/2006 Amsterdam Nairobi 17/11/2006 Nairobi London

18/11/2006 London Dublin Total: 14,717

07/12/2006 Dublin Galway 179

Planning Issues. sultation paper, I laid draft exempted develop- ment regulations for approval before both 598. Mr. English asked the Minister for the Houses of the Oireachtas on 25 January. I antici- Environment, Heritage and Local Government if pate that, following early consideration of them he will amend the planning guidelines with regard by the Joint Oireachtas Committee on the Envir- to solar panels; and if he will make a statement onment and Local Government and approval by on the matter. [4063/07] both Houses, the Regulations will be finalised shortly. 599. Mr. Curran asked the Minister for the Environment, Heritage and Local Government Consultancy Contracts. when he will introduce planning guidelines for micro-renewable domestic wind turbines, solar 600. Mr. F. McGrath asked the Minister for the panels as so on; and if he will make a statement Environment, Heritage and Local Government on the matter. [4091/07] the contracts won by a company (details supplied) for his Department and bodies under Minister for the Environment, Heritage and the aegis of his Department since 2000; the value Local Government (Mr. Roche): I propose to of these contracts; and if these contracts were take Questions Nos. 598 and 599 together. properly advertised in a transparent way. On 5 November 2006, I published a consul- [4547/07] tation paper containing proposals to revise the exempted development regulations so as to per- Minister for the Environment, Heritage and mit the installation of small wind turbines or solar Local Government (Mr. Roche): My Department panels without planning permission in certain cir- has engaged Indecon International Economic cumstances. Following the responses to the con- Consultants on four occasions since 2000. In all 1959 Questions— 6 February 2007. Written Answers 1960

[Mr. Roche.] The information requested is set out in the fol- cases, the contracts were publicly advertised in lowing table. accordance with national and EU regulations.

Purpose of Contract Value

\

Review of Local Government Financing 291,000 Synthesis Review of County/City Development Board Strategies 93,170 Independent Assessment of Financial Provisions Made for Properties Acquired by the Irish Heritage Trust Limited 10,000 Prepare a Report on the Examination of the Issue of Trust-type Organisations to Manage Heritage Properties (Built and Natural) in Ireland 108,475