Dáil Éireann

Vol. 709 Thursday, No. 1 13 May 2010

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Thursday, 13 May 2010.

Requests to move Adjournment of Dáil under Standing Order 32 ……………… 1 Order of Business ……………………………… 3 Visit of Queensland Delegation ………………………… 11 Order of Business (resumed) …………………………… 11 Intoxicating Liquor (National Conference Centre) Bill 2010: Order for Second Stage …………………………… 25 Second Stage ……………………………… 25 Committee and Remaining Stages ……………………… 34 Nurses and Midwives Bill 2010: Second Stage (resumed) ………………… 39 Ceisteanna — Questions Minister for Justice, Equality and Law Reform Priority Questions …………………………… 66 Other Questions …………………………… 77 Adjournment Debate Matters …………………………… 85 Adjournment Debate Care of the Elderly …………………………… 86 Social Welfare Benefits …………………………… 88 Mine Sites ………………………………… 89 Sports and Recreational Development ……………………… 90 Questions: Written Answers …………………………… 93 DÁIL ÉIREANN

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

TUAIRISC OIFIGIÚIL OFFICIAL REPORT

Imleabhar 709 Volume 709

Déardaoin, 13 Bealtaine 2010. Thursday, 13 May 2010.

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

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Paidir.

Prayer.

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Requests to Move Adjournment of the Dáil under Standing Order 32 An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 32. I will call on Deputies in the order in which they submitted their notices to my office.

Deputy Paul Connaughton: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the drainage of the Dunkellin River, County Galway, and to ask if the Minister is aware that there are several householders in the catchment area of the Dunkellin River who have not yet returned to their flooded homes; that there are thousands of acres of farmland that have not yet recovered; and that it is now obvious that there will be no relocation money for flood victims. In these circumstances I seek an assurance from the Minister for Finance that the money will be made available for this work in 2010 to prevent a recurrence of the flooding that took place last year.

Deputy Finian McGrath: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the urgent need for all Members of the Oireachtas to actively support the move to close down all head shops; to express our strongest concerns about new developments in the past 48 hours where the same drugs can now be ordered over mobile telephones, following the distribution of leaflets advertising them in urban and rural areas; and to call on the Garda and the drugs squad to move against the sale of these dangerous drugs. 1 Requests to Move Adjournment of 13 May 2010. the Dáil under Standing Order 32

Deputy Dan Neville: I seek the adjournment of the Dáil under Standing Order 32 to discuss the following matter of urgent national importance, namely, the increase in suicides for the first three quarters of last year, from 279 the previous year to 354, representing an increase of 26%; the need for the Government to recognise the pressures people are experiencing because of the economic recession and for it to understand the pain that so many people are suffering and that they see no other solution to their situation but to take their lives; to recognise the special circumstances of the bereaved by suicide who experience a sense of stigma, shame, loneliness and rejection; and the need for the Government to resource suicide prevention programmes and suicide bereavement counselling.

Deputy Denis Naughten: I seek the adjournment of Dáil Éireann under Standing Order 32 to discuss a matter of urgent national importance, namely, the need for the Minister for Health and Children to outline her plans to address the impending crisis within the health service due to the lack of non-consultant hospital doctors from July, which threatens the operation of accident and emergency departments at hospitals like Roscommon County Hospital and Portiuncula on a 24-hour, seven day a week basis and will lead to the implementation of the Government’s Hanly report overnight and without planning and will result in the loss of life.

Deputy Aengus Ó Snodaigh: Ba mhaith liom cead a lorg an Dáil a chur ar athló faoi Bhuan Ordú 32 chun déileáil leis an gnó práinneach agus rí-thábhachtach seo a leanas, the urgent need for the Government to reverse the disproportionate cuts of from 18% to 20% made to the community and voluntary sector, which according to a report commissioned by Impact will result in the loss of up to 5,000 vital jobs by the end of the year. This is in a sector that is increasingly stretched as it picks up the pieces left in the wake of budget 2010 and on which our most disadvantaged communities are dependent for basic services, supports, representation and advocacy. These cuts demonstrate a deliberate Government policy to silence the voices of the disadvantaged and must be seen against a backdrop of debilitating cuts made at national level to bodies such as the Human Rights Commission and the Equality Authority. The Government is trying to gag all those who have rightly criticised its manifestly unfair policies.

Deputy Terence Flanagan: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the need for the Minister for the Environment, Heritage and Local Government and the Government to help immediately the 20,000 householders whose homes are defective because of the presence of the defect pyrite in the found- ations of their homes. The Government is of the opinion that simply by ignoring and denying this issue exists, it will go away. Unfortunately, it will not. Responsibility lies with the Govern- ment to help those homeowners suffering anxiety, stress and depression because of what has happened and is happening to their homes. If the Government had not allowed light touch regulation in the building industry, this catastrophe would not have happened. The Exchequer has collected more than €12.2 billion in stamp duty in the past five years from hard-pressed homeowners. I appeal to the Minister for the Environment, Heritage and Local Government to tackle the issue head on as it has been dragging on for two years.

Deputy Kathleen Lynch: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the fact that the last remaining in-patient beds at St. Mary’s orthopaedic hospital in Cork are to close. This is the only hospital on the northside of Cork city. I call on the HSE to retain full control of the grounds of the hospital so that it can be used as a health facility into the future. The sale of any section of the land for retail or commercial development would be a backward step and would interfere with the integrity of St. Mary’s hospital as a long-term health facility. I also call on the HSE to put in place a mechanism to engage with the 220 staff affected by this decision to ensure there will be no job 2 Order of 13 May 2010. Business. losses and that all personnel will be meaningfully redeployed to specific roles in the health service.

An Ceann Comhairle: Having given the matters full consideration, I do not consider them to be in order under Standing Order 32.

Order of Business. The Tánaiste: It is proposed to take No. a9, Intoxicating Liquor (National Conference Centre) Bill 2010 — Financial Resolution; No. a5, Intoxicating Liquor (National Conference Centre) Bill 2010 — Order for Second Stage, Second and Remaining Stages; and No. 18, Nurses and Midwives Bill 2010 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that No. a9 shall be decided without debate; and that the Second and Remaining Stages of a5 shall be taken today and the following arrangements shall apply — the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 12.35 p.m. today, the opening speeches of a Minister or Minister of State and of the main spokespersons for Fine Gael and the Labour Party, who shall be called upon in that order, shall not exceed ten minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time, a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes, and the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 1.05 p.m. today by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice, Equality and Law Reform.

An Ceann Comhairle: There are two proposals to be put to the House. Is the proposal for dealing with No. a9 agreed to?

Deputy Enda Kenny: As a general rule I dislike a situation where Bills are expected to be passed in one session. However, I have spoken to our justice spokesman, Deputy Charles Flanagan, who has spoken to the Minister for Justice, Equality and Law Reform. This is a single issue Bill that includes a financial provision to permit the national conference centre to have a liquor licence. On that basis, there is no objection on this side of the House to taking all Stages of this Bill today.

Deputy Joan Burton: Similarly, we have no difficulty with this Bill being taken today. However, it is astonishing that the Minister or some senior official forgot to make provision for a licensing arrangement for the national conference centre, which would mean it could not hold late night functions and so forth. I believe we are owed an explanation given that a vast amount of justice and finance legislation has been before the House over the past two years. The Minister was busy dealing with blasphemy and other issues, so I am amazed that nobody brought it to his attention that our shiny beautiful new conference centre did not have a licence. What way is that to run a business economy?

Deputy Dermot Ahern: The Deputy is talking for the sake of talking.

Deputy Joan Burton: You could not run a sweet shop.

An Ceann Comhairle: I call Deputy Ó Caoláin.

Deputy Dermot Ahern: I suppose the Deputy had to say something.

Deputy Joan Burton: It is astonishing. 3 Order of 13 May 2010. Business.

Deputy Caoimhghín Ó Caoláin: Sinn Féin has no objection to taking this Bill today. Indeed, we look forward to the national conference centre proving to be the success we all wish it to be at the heart of the city. However, before agreeing to the Order of Business, will the Govern- ment accommodate an opportunity for statements and a question and answer session with the Minister for Finance with regard to the European Commission decision announced yesterday on the submission of draft national budgets for scrutiny and peer review by other member states? This is a hugely important issue that could very well threaten the sovereignty of member states with regard to their fiscal policies and budgetary decisions. It is critical that the import of this announcement is given full voice and that there is an opportunity for full scrutiny in this House. I echo the concerns already expressed by Deputy Bruton and I noted his comments this morning on “Morning Ireland”. Why are some people taken aback by this announcement? Many of us were forecasting that this was coming down the tracks in any event——

An Ceann Comhairle: I do not want a full scale debate on this on the Order of Business.

Deputy Caoimhghín Ó Caoláin: ——in the course of the debates on the two referenda on the Lisbon treaty. Here we are——

An Ceann Comhairle: We are on the Order of Business.

Deputy Caoimhghín Ó Caoláin: ——and now we must face up to it. It is high time that we did.

An Ceann Comhairle: Does the Tánaiste wish to respond?

The Tánaiste: I have nothing to say.

Deputy Caoimhghín Ó Caoláin: I am asking the Tánaiste to accommodate a proper opportunity in the House to address this very serious and potentially dangerous matter for the fiscal sovereignty of this State.

An Ceann Comhairle: Is the proposal for dealing with No. a9 agreed to? Agreed. Is the proposal for dealing with No. a5 agreed to? Agreed.

Deputy Enda Kenny: I have four questions for the Tánaiste. First, can I take it that the legislation giving effect to Ireland’s participation in the decision of the European Council last Friday will come before the House next week and that there will be adequate time to debate it and tease out the terms, conditions and implications in respect of repayment for this country? Second, is there confirmation of reported claims that the Government will have to put another €1 billion into Irish Nationwide Building Society? In the context of the European Commission having to give its imprimatur to this and the Anglo Irish Bank deal, can the Tánaiste confirm that more taxpayers’ money might be required for Irish Nationwide Building Society and, if so, to what extent? Third, if there is confirmation of the announcement today that 2,000 extra teachers will be employed in September, will the money to pay their salaries be found by savings within the Department of Education and Skills or will it be new money from the Exchequer? Fourth, the Committee of Public Accounts is in public session as we speak dealing with the issue of Quinn Insurance Limited in so far as the Financial Regulator is concerned and the legislation covering that. While respecting the independence of the Financial Regulator, has the Government had any discussions with regard to removing the situation whereby insurance is being delivered under administration to a situation where it will be freed from administration? Have there been discussions with the Financial Regulator about that? More 4 Order of 13 May 2010. Business. importantly, is there a response from the Government in respect of the economic consequences for the Quinn Group in the Border region? Is there a plan to meet with the newly appointed UK Secretary of State for Northern Ireland, Mr. Paterson, to discuss INTERREG, peace and reconciliation and Ireland funding on a range of cross-Border activities which could have a beneficial impact on the Border economy, North and South? Does the Government intend to announce a plan to deal with that, arising from the consequences of the Quinn Group collapse?

The Tánaiste: It is intended to deal with the legislation on Tuesday and Wednesday next week. It is our intention to allocate adequate time for discussion on the bilateral loans and the conditions attached. The Whips will agree the requisite timeframe to allow that discussion to take place. With regard to Irish Nationwide Building Society, the chairman of the society indicated yesterday that the society’s capital position is comfortable. He also indicated that the transfer of assets to the National Asset Management Agency, NAMA, is proceeding but it was not possible at the time to forecast the discounts to be applied as this was to be done on a loan by loan basis. However, a capital need is not seen to arise at present. The society is preparing a restructuring plan for the future which will be submitted to the European Commission in June. The society will examine different options and take on board the Commission’s guidance in that regard. On the issue of teachers, an allocation was made by my predecessor in the context of last year’s budget to allow for the appointment of 930 teachers and there are adequate resources within the Department’s budget at present to appoint those teachers on the basis of the agreed programme for Government and on the basis the need for the demographics to be addressed. There is no need to look for additional savings in this year’s budget. That money has been allocated. On the issue of Quinn, as Deputy Kenny will be aware, Mr. Dan Flinter has been appointed to deal with the issues in a co-ordinated manner. My Department is involved with the Minister for Enterprise, Trade and Innovation in looking at a number of initiatives, be they INTERREG under SEUPB or additional training opportunities that need to be advanced in consultations with the institutes of technology and other institutes, for example, the Cavan Institute and the institutes in Dublin, to deal with the issues appertaining to the staff in Blanchardstown and Navan. Work is ongoing in terms of dealing with the needs of those who, unfortunately, find themselves without employment for the next while through voluntary redundancies. It is clearly the mandate of the administrator to stabilise and secure the current jobs under the auspices and guidance of the courts. We are working towards that. On the final issue of interaction with our new colleagues, both in London and in Northern Ireland, as is required in the normal context following a British general election, all Ministers met yesterday to put forward our plans in the context of meeting our counterparts as a matter of urgency. As Deputy Kenny will be aware, the Taoiseach has spoken to the new British Prime Minister and the Minister for Foreign Affairs has spoken to the Northern Ireland Secretary. We all will be meeting and discussing issues with our counterparts in the UK. As Deputy Kenny can appreciate, we will continue to work on a North-South basis, particularly in the context of Quinn Insurance and its implications.

Deputy Enda Kenny: I thank the Tánaiste for her reply. Is 930 the figure for the number of teachers to be appointed in September, not 2,000 as reported today?

5 Order of 13 May 2010. Business.

The Tánaiste: As Deputy Kenny will be aware as a former teacher, we must wait until such time as final decisions are made by those in current teaching posts——

Deputy Enda Kenny: The Department knows those figures for the past three years.

The Tánaiste: ——as to whether they will retire. The analysis within the Department is that approximately 930 teachers need to be appointed.

Deputy Tom Hayes: Not 2,000.

Deputy Bernard J. Durkan: The Government got it wrong.

Deputy Joan Burton: Regarding the Commission document on the budget that was announced, the fact that Europe reached some kind of agreement last weekend, which, in effect, prevented speculators destroying a number of European economies through movements on the money market, is to be welcomed. However, it is important to know if the Government proposes to lay the document from the Commission before the Dáil and to provide time to discuss it. It would be unfortunate if we were to have a phoney war in this country over the position on discussions and arrangements with the European Union which are important in terms our national interest. If the Commission is proposing, and our representatives, the Taoiseach and the Minister for Finance, Deputy Brian Lenihan, have agreed before discussing in this Dáil——

An Ceann Comhairle: This is inappropriate on the Order of Business.

Deputy Brendan Howlin: The Ceann Comhairle gave latitude to the Leader of Fine Gael.

Deputy Seán Sherlock: There is a Commission proposal.

An Ceann Comhairle: We cannot have detailed contributions on this issue. There will be other opportunities.

Deputy Brendan Howlin: It is significant legislation.

An Ceann Comhairle: I do not mind Deputy Burton making passing reference to it, but not detailed Second Stage type contributions.

Deputy Joan Burton: Sorry, the Ceann Comhairle did not interrupt either the distinguished Deputy from Cavan-Monaghan or——

An Ceann Comhairle: I am not interrupting Deputy Burton. I am just drawing her attention to the fact that I do not want Second Stage contributions on the Order of Business.

Deputy Joan Burton: This matter is important to the future economic life of this country.

An Ceann Comhairle: I fully accept that point——

Deputy Joan Burton: No other matter is more important.

An Ceann Comhairle: ——but we will have to find a more suitable forum for detailed discussion of the issue.

A Deputy: This is the forum. 6 Order of 13 May 2010. Business.

Deputy Joan Burton: A Cheann Comhairle, sometimes your sexism gets the best of you. The Tánaiste and I are perfectly capable of putting up with it and ignoring it——

Deputy Dermot Ahern: The Ceann Comhairle has been accused of a lot in his time.

Deputy Joan Burton: ——but you allowed the Deputy from Cavan-Monaghan and the Leader of Fine Gael to raise the issue and you did not interrupt or barrack them.

An Ceann Comhairle: I allowed Deputy Burton to raise it as well. I am drawing her attention to the fact that I will not allow a detailed contribution at this point in time. There will be other opportunities, as the Tánaiste has indicated.

Deputy Joan Burton: There will not be. I want to know if the Government will lay the document before the House for discussion and when it will provide time for the debate. I also want to know whether the Taoiseach and the Minister for Finance have made a prior agreement in Brussels, before coming to this House, to yield to proposals from the Commission about the future direction and management of Irish budgets. That is the sovereign issue in this Parliament. Does this Parliament decide our budget or is the budget agreed privately in Brussels beforehand?

An Ceann Comhairle: It is entirely inappropriate to make these——

Deputy Joan Burton: Sorry, it is not inappropriate.

An Ceann Comhairle: It is entirely inappropriate and I will not allow it.

Deputy Joan Burton: It is not inappropriate.

An Ceann Comhairle: The Deputy will have to resume her seat if she persists with that line of argument. It is entirely inappropriate. If she has a direct question on promised legislation, I will allow it. It is completely out of order to have a detailed contribution on what is a very serious issue in a time-limited Order of Business and I will not allow it.

Deputy Joan Burton: Why is the Ceann Comhairle afraid of the sovereign Parliament of this Chamber having a debate?

An Ceann Comhairle: I am not afraid.

Deputy Joan Burton: What is he afraid of? Why is he protecting Fianna Fáil?

An Ceann Comhairle: This House is governed by Standing Orders and my obligations are to implement the Standing Orders.

Deputy Michael Mulcahy: Hear, hear.

An Ceann Comhairle: If Deputy Burton and other Members wish to change them, there is a procedure for doing so.

Deputy Joan Burton: When is the Commission document being laid before the House? When will there be a debate, as befits a sovereign parliament? The Commission is talking about very important historic changes in the budgetary process. 7 Order of 13 May 2010. Business.

An Ceann Comhairle: Deputy Burton has made the point and I will allow the Tánaiste to respond.

Deputy Joan Burton: It is an entirely reasonable question about whether those changes and their structure will be debated in this Chamber. That is all I am asking.

An Ceann Comhairle: Okay, fine. Will Deputy Burton now resume her seat? I call Deputy Ó Caoláin.

Deputy Joan Burton: That is all I am asking.

An Ceann Comhairle: Fine, okay.

Deputy Joan Burton: I have several other questions.

An Ceann Comhairle: Will Deputy Burton resume her seat, please?

Deputy Joan Burton: I want to ask the Ceann Comhairle’s advice.

(Interruptions).

Deputy Joan Burton: If the Ceann Comhairle can advise me again, he allowed Deputy Kenny——

(Interruptions).

An Ceann Comhairle: I allowed Deputy Burton as well, for goodness sake.

Deputy Joan Burton: The chorus is exhilarating. Please keep it up. Come on, lads, come on.

An Ceann Comhairle: Deputy Burton, will you resume your seat?

Deputy Joan Burton: Let us hear it, there is hardly a squeak out of them.

An Ceann Comhairle: Will the Deputy resume her seat? I call Deputy Ó Caoláin.

Deputy Joan Burton: Can we have an answer from the Tánaiste? Will the Ceann Comhairle allow the muinteoir? Come on, do not go silent on me.

Deputy Dermot Ahern: Deputy Burton will be at the back of the class.

An Ceann Comhairle: Will Members refrain from engaging with the Deputy across the floor?

Deputy Caoimhghín Ó Caoláin: Somewhat on the same issue——

(Interruptions).

An Ceann Comhairle: Minus the embellishment, please. We do not need embellishment.

Deputy Caoimhghín Ó Caoláin: No embellishments here.

Deputy Noel Dempsey: In Deputy Ó Caoláin’s case, impossible.

Deputy Caoimhghín Ó Caoláin: I want to ask the Tánaiste, in her Tory blue this morning,—— 8 Order of 13 May 2010. Business.

Deputy Dermot Ahern: A sexist remark.

Deputy Caoimhghín Ó Caoláin: ——as she did not give me an answer in the course of my questioning the Order of Business, if the Government will accommodate an opportunity to debate properly the announcement yesterday from the European Commission on national draft budgets being submitted to Brussels for scrutiny and so-called peer-group eval- 11 o’clock uation by other member states. It is important that we recognise that this is a serious matter that can threaten the sovereignty of national budgets and, indeed, the independence of fiscal direction within this economy in taxation and other measures. Some of us have argued for and others have given lip service to the notion of maintaining our independent taxation policy position. It is critically important——

An Ceann Comhairle: It is too serious an issue to deal with on the Order of Business.

Deputy Caoimhghín Ó Caoláin: The Ceann Comhairle is correct.

An Ceann Comhairle: It is going to have to be dealt with in a different court.

Deputy Caoimhghín Ó Caoláin: The very point. Well done, Ceann Comhairle.

An Ceann Comhairle: Please resume your seat, Deputy.

Deputy Caoimhghín Ó Caoláin: You are on our side at last. I ask the Tánaiste to please answer my question.

An Ceann Comhairle: Please resume your seat and allow the Tánaiste to reply briefly to the observations.

(Interruptions).

Deputy Pat Rabbitte: We should have sent the budgets of the past ten years to Brussels.

The Tánaiste: I am more than happy to answer the questions. For the benefit of the Deputy, my dress colour is petrel blue.

(Interruptions).

The Tánaiste: It is not Tory blue. For the benefit of the House——

Deputy Pat Rabbitte: Did the Green Party clear the dress?

The Tánaiste: There is enough VAT paid on it. Next week the House will discuss the bilateral loans to Greece. On the issue of the special purpose vehicle agreed in Brussels last weekend, further clarification on technical issues is currently being discussed with the European Com- mission. Arising from those clarifications, we may have to introduce legislation although we are not in a position to completely verify its necessity. If that is necessary, naturally this matter will be brought to the House. Three issues have been raised. First, the issue of Ireland’s sovereignty is not an issue in the context of what is being discussed in the European Union at this moment. That is a populist remark which is clearly inappropriate.

Deputy Seán Barrett: We are in hock.

The Tánaiste: It is inappropriate and it is not correct. 9 Order of 13 May 2010. Business.

Deputy Pat Rabbitte: Our sovereignty is at issue.

(Interruptions).

An Ceann Comhairle: The Tánaiste without interruption, please.

The Tánaiste: All of the 16 eurozone member states are deeply intertwined in a common currency. As has been seen in the past number of weeks——

Deputy Joan Burton: We are deeply in debt.

The Tánaiste: ——there has been a number of speculative attacks on member states within the eurozone. Therefore, a shared interest in an enhanced economic co-ordination throughout that zone is appropriate. Greater co-ordination on economic policy is also legislated for in the treaty. It is therefore, inappropriate to have anti-European sentiments at this time——

Deputy Shane McEntee: They did not think of that four years ago.

The Tánaiste: ——when there is an absolute necessity for strength within the eurozone. Third, a populist view that our sovereignty is at issue is completely incorrect. We must work within the parameters as set down and agreed with the European Commission.

Deputy Caoimhghín Ó Caoláin: To describe sovereignty as populism shows scant regard——

An Ceann Comhairle: Deputy Ó Caoláin, An Tánaiste without interruption.

The Tánaiste: It is clearly in our interest and in the interests of all members of the eurozone that this would happen. It is not exclusive to Ireland, as has been purported here——

Deputy Caoimhghín Ó Caoláin: It shows scant regard.

The Tánaiste: ——but rather it is inclusive of all members of the eurozone. This is appropriate. By tradition, any serious decisions made in Europe are discussed in the House. There will be a number of opportunities to discuss these matters next week in the House.

Deputy Joan Burton: My question to the Tánaiste was a simple one. The document from the European Commission——

An Ceann Comhairle: We are not going to have a detailed discussion at this time. There will be another opportunity.

Deputy Joan Burton: ——is headed, Reinforcing Economic Policy Co-operation. I asked the Tánaiste two simple questions. Will this document be laid before the House? Will the Govern- ment provide time to debate this document so that the House has the opportunity to discuss it? Those are the questions I asked the Tánaiste and I would like a reply.

Deputy Caoimhghín Ó Caoláin: The Tánaiste has not given us the answers that she must consider. She must answer the question as to whether the Government will accommodate an opportunity to address this matter in the coming week. Has this been agreed with the other member states? What is the level of the commitment this Government has given, behind the scenes and without openness and transparency? We learnt of this yesterday. What is the level of the Government’s extended commitment to the implementation of what is involved in all of this? The Tánaiste does not even know whether legislation will be required. Not only might legislation be required but also a new treaty. 10 Order of 13 May 2010. Business (Resumed)

An Ceann Comhairle: We are not having a detailed discussion at this stage.

Deputy Caoimhghín Ó Caoláin: The Tánaiste does not know.

The Tánaiste: Adequate time will be made available.

(Interruptions).

The Tánaiste: If other issues over and above the bilateral loans to Greece need to be discussed, this can be discussed between the Whips.

(Interruptions).

An Ceann Comhairle: We have had an offer that the Whips should discuss the matter and make the necessary arrangements.

Deputy Joan Burton: The Tánaiste has agreed previously to have legislation in the House with regard to the bilateral loan to Greece. She also says that the further support may also be bilateral and she has to find out whether this requires legislation. However, my question was whether this document from the Commission about reinforcing budgetary co-ordination will be laid before the House and will her Government provide time to have a debate in the House? That is what the Lisbon treaty which we all worked to pass, agreed; that national parliaments would debate these issues before Prime Ministers, Tánaiste and Ministers for Finance, went off and made decisions. That is the net point. I want an answer. I thank the Ceann Comhairle for giving me time to say that.

Deputy Caoimhghín Ó Caoláin: We all want that answer.

The Tánaiste: The order of the House has yet to be decided for next week but the Whips will have discussions on this matter. We are proceeding with the bilateral loans legislation and will provide adequate time for that. This course is appropriate and was requested two weeks ago. If there are other issues requiring further discussion, they can be facilitated in due course. However, I am not in a position to give a definitive answer with regard to the discussions that took place last week, as to whether legislation will be required. If it is required, it will be brought to the House. The issue of co-ordination can be discussed if we can agree time.

An Ceann Comhairle: I am not allowing any more discussion on this matter.

Deputy Bernard J. Durkan: On a point of order, Ceann Comhairle.

Visit of Queensland Delegation An Ceann Comhairle: Before proceeding with the Order of Business, I wish on my own behalf and on behalf of the Members of Dáil Éireann, to offer a céad míle fáilte, a most sincere welcome, to the Honourable Judy Spence, MP, Leader of the Queensland Legislative Assembly. I express the hope that you will find your visit enjoyable and successful and to our mutual benefit.

Order of Business (Resumed) Deputy Bernard J. Durkan: On a point of order, I am at a loss to know whether the Tánaiste is aware of the procedures in the aftermath of the passage of the second Lisbon treaty in regard to the now greater powers. This is relevant. 11 Order of 13 May 2010. Business (Resumed)

An Ceann Comhairle: I will not allow the Deputy to raise a point of order to initiate a Second Stage contribution on this issue.

Deputy Bernard J. Durkan: Ceann Comhairle, you do not have the right to disallow it.

An Ceann Comhairle: I certainly have the right to disallow it.

Deputy Bernard J. Durkan: It is relevant to the discussion now taking place. Is the Ceann Comhairle aware of the powers now in the hands of national parliaments with regard to Euro- pean legislation and agreements and the means that have been made——

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

Deputy Bernard J. Durkan: Will the Ceann Comhairle allow me finish?

An Ceann Comhairle: The Deputy will be well able to make this point when we have the discussion next week.

Deputy Bernard J. Durkan: No, I am sorry. This predates all else. May I finish my sentence?

An Ceann Comhairle: The Deputy can make the point in the context of the discussion when it arises next week or whenever.

Deputy Bernard J. Durkan: I am sorry, Ceann Comhairle, this is not within your power to give or to withhold. It is simply a fact of life.

An Ceann Comhairle: I am telling the Deputy it is not a point of order and I am not allowing him to continue with the point of order.

Deputy Bernard J. Durkan: This is in order. National Parliaments throughout the European Union have specific powers given to them in the aftermath of the Lisbon treaty. Does the Ceann Comhairle agree?

An Ceann Comhairle: We terminated the discussion on this matter earlier. I ask the Deputy to resume his seat, please.

Deputy Bernard J. Durkan: Does the Ceann Comhairle agree?

An Ceann Comhairle: That is not a relevant question for the Chair. I ask the Deputy to resume his seat. I will have to suspend the House if the Deputy does not resume his seat. I do not wish to do so.

An Ceann Comhairle: The Deputy is spreading disorder in the Chamber which I cannot allow.

Deputy Bernard J. Durkan: I am asking the Ceann Comhairle if he is aware of it.

An Ceann Comhairle: Deputy Durkan will resume his seat. If he does not, I will be forced to suspend the sitting. Sitting suspended at 11.10 a.m. and resumed at 11.20 a.m.

An Ceann Comhairle: We will resume on the Order of Business. I call Deputy Jimmy Deenihan. 12 Order of 13 May 2010. Business (Resumed)

Deputy Bernard J. Durkan: I do not wish to be disorderly but will the Ceann Comhairle clarify finally for the House——

An Ceann Comhairle: It is inappropriate for the Deputy to ask such questions and I am informing him now that I am not going to allow it. The Deputy is completely out of order.

Deputy Bernard J. Durkan: If the Ceann Comhairle wishes to stifle the debate, I remind him there are provisions approved by a referendum of the people——

An Ceann Comhairle: There are no provisions to have a debate on this matter on the Order of Business and I have informed several Members of this.

Deputy Bernard J. Durkan: Approval was given to procedure which is now being ignored.

An Ceann Comhairle: Will the Deputy to resume his seat?

Deputy Bernard J. Durkan: I will resume my seat.

An Ceann Comhairle: Will the Deputy resume his seat now?

Deputy Bernard J. Durkan: Is the Ceann Comhairle saying there is no obligation to answer my question?

An Ceann Comhairle: The Deputy should resume his seat. He is completely out of order and I call on him to resume his seat.

Deputy Bernard J. Durkan: I am not out of order. The Ceann Comhairle is bringing the House into disrepute and ignoring the House and I intend to leave in protest.

An Ceann Comhairle: Yes. We will move on with the Order of Business. I call Deputy Jimmy Deenihan.

Deputy Joe Costello: The point Deputy Durkan was making is relevant. A request was made for a debate in the House in respect of the document that has come from the Commission. It is reasonable for the Chief Whip to indicate that the Whips will meet and seek agreement. As I understand it, as Tuesday and Wednesday are devoted to the bilateral legislation in respect of the Greek bailout there would then be——

An Ceann Comhairle: I advise the Deputy that the Tánaiste has indicated that the Whips will meet and discuss the matter in the context of discussing next week’s business. It is not a point of order. The Deputy should resume his seat.

Deputy Enda Kenny: I will try to be helpful.

Deputy Joe Costello: The relevant point is that in the context of the Lisbon treaty there is an onus on us to ensure that matters emanating from the Commission are debated in the Chamber.

An Ceann Comhairle: I am not disputing the merits of the point made but I advise the Deputy that the Tánaiste indicated to the House earlier that the Whips would meet to discuss next week’s business and all these points would be considered in that context. That is my interpretation of what she said.

Deputy Joan Burton: She did not say that.

Deputy Joe Costello: The Tánaiste did not say anything about today. She did not say that. 13 Order of 13 May 2010. Business (Resumed)

An Ceann Comhairle: The Deputy should resume his seat, please.

Deputy Joe Costello: Will the Ceann Comhairle call on the Tánaiste to say that?

An Ceann Comhairle: I call Deputy Kenny.

Deputy Enda Kenny: I will be helpful.

Deputy Caoimhghín Ó Caoláin: Can such an accommodation be arranged by the Whips today?

An Ceann Comhairle: May we have the floor for Deputy Enda Kenny, please?

Deputy Enda Kenny: I will be helpful to the Ceann Comhairle. The Whips meeting is a normal and formal meeting and the Government determines the business despite requests from Fine Gael, the Labour Party, Deputy Ó Caoláin or any other party. Deputy Burton referred to the fact that the Commission is publishing a document. Her question was whether that document would be laid before the House for discussion. The answer to that should be “Yes”. That is not a matter for discussion among the Whips. It is a matter about which the deputy Head of Government should be able to say “Yes, of course this will come before the House to be discussed”.

Deputy Joan Burton: Absolutely.

An Ceann Comhairle: I am sure that matter can be discussed at the Whips meeting.

Deputy Joan Burton: No. That is the whole point.

Deputy Enda Kenny: It is not for discussion at the Whips meeting.

Deputy Joe Costello: That is not relevant to the Whips.

Deputy Enda Kenny: It is not relevant for the Whips.

An Ceann Comhairle: I call Deputy Ó Caoláin.

Deputy Enda Kenny: That is not relevant to the Whips meeting.

Deputy Pádraic McCormack: They would be suspended for that.

Deputy Enda Kenny: It is a formal Commission document. The only request Deputy Burton made was whether it would be laid before the House, yes or no?

Deputy Caoimhghín Ó Caoláin: Since I have been called to speak, my remarks are in the same vein and I make exactly the same point. It is important to factor in that the Whips met yesterday evening and determined the process of what is to be addressed during the coming days and into next week. There is no scheduled meeting of the Whips until next Wednesday night. Is that not the case?

Deputy Aengus Ó Snodaigh: Yes.

Deputy Caoimhghín Ó Caoláin: It is critically important in terms of scheduling this particular debate that the Whips meet now to make the arrangements for time. I agree with Deputy Kenny that the Tánaiste has a responsibility to confirm that the debate Opposition voices have sought will be accommodated by Government. 14 Order of 13 May 2010. Business (Resumed)

Deputy Charles Flanagan: The Tánaiste does not know.

An Ceann Comhairle: We cannot have a detailed discussion on the matter at this stage.

Deputy Caoimhghín Ó Caoláin: That is the way it should be. The Tánaiste should indicate “Yes” and the Chief Whip should indicate a willingness to meet the Opposition Whips today to include this vital discussion in next week’s Order of Business.

The Tánaiste: The Government has been trying to facilitate as much discussion as humanly possible.

Deputy Joe Costello: That is not the case here.

An Ceann Comhairle: The Tánaiste is in possession.

The Tánaiste: This Order of Business is turning into a farce and many of us are far too busy to allow that to happen.

Deputy Joe Costello: That is because the Tánaiste is not answering the question.

Deputy Aengus Ó Snodaigh: Whose fault is that?

The Tánaiste: In normal circumstances, I try to facilitate in the discussions after the Order of Business if it is appropriate, conceivable or available to the House to facilitate debate for next week, even though the decisions for next week have more or less been finalised by the Whips. If I am pursued further, I will answer in the negative. I will allow the Whip to meet the relevant——

A Deputy: Will there be a change to the arrangements?

(Interruptions).

Deputy Pádraic McCormack: The Tánaiste will go up in flames next.

The Tánaiste: I am sorry. I am entitled to make decisions on this side of the House as Deputies across the floor are trying to purport to make decisions on me. The situation is that I will ask the Whips to consider whether this is appropriate and can be facilitated.

(Interruptions).

An Ceann Comhairle: The Tánaiste without interruption, please.

The Tánaiste: A considerable amount of legislation will be taken next week by the Minister for Finance.

Deputy Aengus Ó Snodaigh: The Tánaiste should note there are seven days in a week.

The Tánaiste: It is on this basis that the Government Chief Whip and I will consult and we will then discuss the matter with the Whips opposite, if it can be accommodated.

An Ceann Comhairle: That is fine. We are moving on.

The Tánaiste: Otherwise, I will not facilitate it.

Deputy Joe Costello: Is that today? 15 Order of 13 May 2010. Business (Resumed)

An Ceann Comhairle: We have the point clarified. We are moving on. I call Deputy Jimmy Deenihan.

Deputy Joan Burton: I have other matters to put on the Order of Business.

An Ceann Comhairle: We will call the Deputy later.

Deputy Joan Burton: The Ceann Comhairle allowed Deputy Kenny to raise four items on the Order of Business.

An Ceann Comhairle: Deputy, for goodness sake.

A Deputy: It is victimisation.

Deputy Joan Burton: Equality is a hallmark of the House.

An Ceann Comhairle: Okay. I indicated I would call the Deputy but there is a sequence to these matters.

Deputy Joan Burton: I simply seek the same facilitation from the good Ceann Comhairle as he has given to others.

An Ceann Comhairle: Very well, let us hear the query.

Deputy Joan Burton: I thank the Ceann Comhairle. I mark today as the day in which the Government took a further stake in Allied Irish Banks. It is somewhat like the way Sunningdale was for slow learners. Some one and a half years after the bank guarantee, finally the Govern- ment is getting around to taking in effect a majority stake in Allied Irish Banks. In that context and given its enhanced stakeholding in the bank, will the Tánaiste indicate the arrangements the Government is making to ensure credit flows to ordinary businesses?

An Ceann Comhairle: The Deputy must find another way to raise this. It is a question more appropriate to the line Minister.

Deputy Joan Burton: At the moment, not one bob is coming out of any of the banks to businesses up and down the country. The Government is now the largest shareholder in Allied Irish Banks.

An Ceann Comhairle: We had the Central Bank Bill here for a significant period and that question could have been asked in that context.

Deputy Joan Burton: In effect, it is the dominant, majority shareholder in Allied Irish Banks.

An Ceann Comhairle: Deputy, please.

Deputy Joan Burton: The Tánaiste referred already to the AGM of Irish Nationwide yesterday. The Taoiseach and the Minister for Finance in particular have indicated at various times that the former chief executive and chairman would return a small amount, €1 million, of his bonus to the building society such that it might go to reduce the debts.

An Ceann Comhairle: This question is more appropriate to the line Minister not the Order of Business.

Deputy Joan Burton: The Tánaiste read from a document about the AGM of Irish Nation- wide yesterday. 16 Order of 13 May 2010. Business (Resumed)

An Ceann Comhairle: This is not promised business.

Deputy Joan Burton: I call on her to read through the rest of the document. Are taxpayers likely——

An Ceann Comhairle: The Order of Business is about promised business in the House and short commentary and remarks about relevant issue of the day but it is not about this matter. The Deputy must find another way to raise it.

Deputy Joan Burton: Are taxpayers likely——

An Ceann Comhairle: I ask the Deputy for her co-operation or I will have to suspend the House yet again, which I have no wish to do. I call again for the Deputy’s co-operation.

Deputy Joan Burton: Will the Tánaiste indicate if there is any sign of the €1 million due from Mr. Fingleton?

An Ceann Comhairle: We are on the Order of Business. I ask for the Deputy’s co-operation, please.

Deputy Joan Burton: Is there any sign of the €1 million? Will the Tánaiste read through the rest of the notes? Is it in the post?

An Ceann Comhairle: I ask for the Deputy’s co-operation.

Deputy Joan Burton: Is the cheque in the post?

Deputy Jimmy Deenihan: In view of the disturbances that took place before the Kildare Street gate on Tuesday evening, which to date have not been mentioned in the House, will the Tánaiste indicate if the Government will now review security arrangements for the House? The number of ushers attending to the House has already been reduced by seven and will be reduced by ten by the end of the year. Army numbers in attendance have also been depleted, although the Minister for Justice, Equality and Law Reform gave an indication today that he will review that.

An Ceann Comhairle: I must interrupt the Deputy.

Deputy Jimmy Deenihan: May I finish?

An Ceann Comhairle: This matter is being reviewed by the management in consultation with the Garda. The latter has been asked to furnish a report, and whatever action is necessary on foot of that will be taken.

Deputy Jimmy Deenihan: I thank the Chair. I saw the action taken by the Garda and by the ushers who were courageous in fairly trying circumstances. We should at least recognise that.

An Ceann Comhairle: I accept that.

Deputy Pádraic McCormack: They are good defenders, like the Ceann Comhairle.

Deputy Tom Sheahan: I hope the Tánaiste will be positive in her response to the matter I am raising. A very serious issues arose at a meeting of Kerry County Council last Friday.

An Ceann Comhairle: This is not an extension of Kerry County Council; it is Dáil Éireann. 17 Order of 13 May 2010. Business (Resumed)

Deputy Pádraic McCormack: It could be.

An Ceann Comhairle: Absolutely not.

Deputy Tom Sheahan: Kerry County Council got many of us in here.

An Ceann Comhairle: The Deputy may raise such issues via a parliamentary question or as an Adjournment matter.

Deputy Tom Sheahan: I tried to raise this matter twice on the Adjournment but was denied by the Ceann Comhairle.

An Ceann Comhairle: I advise the Deputy to persist in seeking to raise the matter on the Adjournment. I assure him it will be considered.

Deputy Tom Sheahan: We all have our limits. Lands are currently being dezoned. Last Friday, the local authority members——

An Ceann Comhairle: This is entirely inappropriate for the Order of Business. The Deputy must find another way to raise the matter.

Deputy Tom Sheahan: I cannot raise it between now and next Monday given that the Chair did not allow me to raise it on the Adjournment.

An Ceann Comhairle: There are many ways to raise the issue.

Deputy Tom Sheahan: The Ceann Comhairle did not allow me to raise it on two occasions this week. I am doing my best.

An Ceann Comhairle: I ask the Deputy to stop causing disorder in the House and to resume his seat.

Deputy Tom Sheahan: I wish to hear the Tánaiste’s response. It is a very serious matter.

An Ceann Comhairle: Will the Deputy resume his seat?

Deputy Pádraic McCormack: Will the Chair let Deputy Sheahan raise this matter on Tues- day night?

An Ceann Comhairle: I cannot allow the Deputy to raise this matter on the Order of Busi- ness. I have asked him to resume his seat.

Deputy Tom Sheahan: It is a serious matter. Local authority members are in danger of being sued by the people whose land they are——

An Ceann Comhairle: It is inappropriate to raise this matter on the Order of Business. The Deputy should submit it for consideration on the Adjournment or submit a parliamentary question.

Deputy Tom Sheahan: Will the line Minister intervene? The councillors are doing this under duress because they are afraid of what will happen.

An Ceann Comhairle: Deputy Sheahan must resume his seat.

Deputy James Bannon: Recent statistics indicate that the incidence of skin cancer is increasing in the State. When will the urgently needed public health (sunbeds) Bill be published? It 18 Order of 13 May 2010. Business (Resumed) was promised last year by the Minister for Health and Children but there is no indication as to when it will come before the House.

Deputy Pádraic McCormack: The Bill is especially for redheads.

A Deputy: I am trying to refrain from a retort for which I would be sure to be crucified in the newspapers. There are many young people in the Gallery today, and this is a particularly serious issue for them. As the Deputy observed, there has been an increase in the incidence of melanoma. I raised this matter personally with the line Minister and have asked her to expedite the legislation, as it is the wish of the House that this be done.

Deputy Enda Kenny: What did she say?

A Deputy: She said it will be published as soon as possible, once all the necessary consultations have taken place.

Deputy Enda Kenny: Well done to the Tánaiste for exerting her authority over the Minister for Health and Children.

Deputy Ulick Burke: A new report by the Environmental Protection Agency and the Geo- logical Survey of Ireland identifies Tynagh Mines in Loughrea, County Galway, as the most hazardous abandoned mine site in the country. It has been classified by the European Com- mission as——

An Ceann Comhairle: That is not relevant to the Order of Business.

Deputy Ulick Burke: It is a very serious matter.

An Ceann Comhairle: Yes, but there are other ways to raise it.

Deputy Ulick Burke: It is in the Ceann Comhairle’s hands.

An Ceann Comhairle: Deputy Burke is very experienced and knows what is permitted.

Deputy Ulick Burke: I submitted this matter at the beginning of the week for discussion on the Adjournment, but it has not been accepted. That is why I am taking this opportunity to raise it.

An Ceann Comhairle: I ask the Deputy to leave it in that domain for the time being.

Deputy Ulick Burke: I will. Perhaps the Ceann Comhairle will offer me some satisfaction on that matter this afternoon. It is important that this is dealt with in the interests of the health of the population of east Galway.

An Ceann Comhairle: Does the Deputy have a question relevant to the Order of Business?

Deputy Ulick Burke: Last autumn I raised the matter of responsibilities between the Depart- ment of the Environment, Heritage and Local Government and the Department of Agriculture, Fisheries and Food on the issuing of aquaculture licences. Subsequent legislation apportioned that responsibility to the latter Department. However, there are 300 licences, either applications or renewals, pending for up to four years. One applicant in Kinvara, County Galway, has been waiting for five years. The Department of Agriculture, Fisheries and Food is not dealing with these applications.

An Ceann Comhairle: The Deputy will have to pursue this matter by other means. 19 Order of 13 May 2010. Business (Resumed)

Deputy Ulick Burke: It is causing great concern to many people who are dependent for their livelihood on that activity. I am asking for clarification as to who will take responsibility for issuing licences.

An Ceann Comhairle: The Deputy must pursue this matter in another way. It is not relevant to the Order of Business.

Deputy Aengus Ó Snodaigh: In respect of the two items of legislation I wish to raise, it is a shame the Minister for Transport is not in the House. Regarding the merchant shipping (registration of ships) Bill, there is a ridiculous situation in Dundalk where a wholly Irish- owned ship with humanitarian aid for Gaza is being prevented from leaving the port——

An Ceann Comhairle: This is not appropriate for the Order of Business.

Deputy Aengus Ó Snodaigh: I referred to the legislation. This ship is being prevented from leaving because it has a tricolour painted on its side. That would be covered under the Merchant Shipping Act 1995.

An Ceann Comhairle: The Tánaiste will respond to the question on legislation when the Deputy resumes his seat.

A Deputy: That legislation will be published this year.

Deputy Aengus Ó Snodaigh: My other question relates to the Taxi Regulation Act. Are there proposals to take account of the problems currently facing the industry and the need for changes in the function and remit of the regulator?

An Ceann Comhairle: Is there promised legislation in this area?

Deputy Aengus Ó Snodaigh: Legislation must take account of the need for a change in terms of VRT exemption for new taxis. There has been a change in regard to the nine-year rule but wheelchair accessible taxis can be ten years old, which means disabled passengers will be put at risk.

An Ceann Comhairle: The Deputy’s point is well made.

Deputy Aengus Ó Snodaigh: We must ensure that whatever legislation is introduced addresses all these issues. I see the Minister for Justice, Equality and Law Reform is in the House. Is there a proposal——

An Ceann Comhairle: The Deputy has inquired about the legislation covering these issues.

Deputy Aengus Ó Snodaigh: Are there proposals to amend existing legislation dealing with Garda vetting to ensure vetting for taxis is similar to that carried out by the Private Security Authority, which is far more succinct?

A Deputy: Is there promised legislation in this area?

A Deputy: The merchant shipping (registration of ships) Bill and the merchant shipping consolidation Bill will be published this year but there is no date as yet. I am not aware of any proposals for legislation on taxi regulations. The legislation on Garda vetting has been passed.

Deputy Jan O’Sullivan: Before the Dáil today are two orders and one regulation pertaining to the Misuse of Drugs Act relating dealing with the changes in the law on products sold in 20 Order of 13 May 2010. Business (Resumed) head shops. As Deputy McGrath pointed out, the owners of these outlets are already finding ways of selling products by use of mobile telephones. When will the Minister for Justice, Equality and Law Reform introduce the relevant legislation? Does the Government envisage that additional legislation will be required to address the issue? We must ensure the Garda has the appropriate resources to tackle this. It is important that the Government responds constantly to changes as they arise in order to protect vulnerable young people in particular.

Deputy James Reilly: I accept this is difficult legislation and that it will never be perfect. Will the Minister for Health and Children insist that all products sold in head shops are approved by the Irish Medicines Board and the Food Safety Authority of Ireland? These people will go back to their private, illegal laboratories and create substances not covered by the ban, in which case new legislation will be required. A provision that anything they sell must be passed by the Irish Medicines Board and the Food Safety Authority of Ireland——

An Ceann Comhairle: Those points can be made when the legislation is brought forward.

Deputy James Reilly: But it is important that the opportunity is taken. We want to close these people out of business.

Deputy Charles Flanagan: That is the point.

An Ceann Comhairle: Is Deputy Flanagan dealing with the same matter? No. I am calling him next in any event.

Deputy Kathleen Lynch: Can we have an answer to the question?

An Ceann Comhairle: I am sorry — I call the Tánaiste.

The Tánaiste: The Minister is working on the legislation and hopes to bring it before the House as a matter of urgency and as quickly as possible. Once these substances are banned, they are not only banned in head shops. They are banned on Internet sites — they are banned full stop. They are illegal substances. Deputy Lynch is right — it is a difficult piece of legislation. We hope it will encompass the fact that once we close one avenue, someone will try to find another. The Minister is working on the legislation to take an overarching perspective on how we can deal with those issues. The Garda is working on that basis. We hope to bring the legislation before the House as soon as possible.

Deputy James Reilly: On a point of clarification, the Tánaiste said the substances are banned on the Internet. What did she mean?

An Ceann Comhairle: We cannot have a mini-Question Time on the Order of Business.

Deputy James Reilly: It is just a point of clarification. Do I have the opportunity to raise issues on other legislation now or will the Ceann Comhairle come back to me?

An Ceann Comhairle: I will come back to the Deputy.

Deputy Charles Flanagan: It is now 11.45 a.m. During the past hour and a quarter even the Ceann Comhairle as chairman of the proceedings has exhibited a certain frustration with the procedures and the practices. This is totally unacceptable. The reason is the total failure on the part of Ministers to exercise any form of accountability. 21 Order of 13 May 2010. Business (Resumed)

An Ceann Comhairle: I accept the point. We need to examine the arrangements for the Order of Business.

Deputy Charles Flanagan: When Deputy Sheahan made a statement——

An Ceann Comhairle: The co-operation of Members in the House would be most welcome on the matter.

Deputy Charles Flanagan: Deputy Sheahan got a response from the other side of the House——

Deputy Dermot Ahern: The Deputy is picking the worst example.

Deputy Charles Flanagan: ——that this was an extension of Kerry County Council. It is not. It is rather like Ballymagash Urban District Council on the television 30 years ago. It is a disgrace.

An Ceann Comhairle: Please, Deputy——

Deputy Charles Flanagan: I am in here every day, and I am co-operative. Last Tuesday I raised an issue with the Minister for Health and Children regarding her failure to exercise any form of accountability to this House or to these proceedings.

An Ceann Comhairle: We have a parliamentary Question Time.

Deputy Charles Flanagan: The Taioseach made a statement. Since then——

An Ceann Comhairle: The Deputy can table questions to any line Minister.

Deputy Charles Flanagan: ——I have got another sheaf of replies yesterday from the Mini- ster, who invited me to raise those issues with her. As an elected Member of the Dáil——

An Ceann Comhairle: The Deputy can raise the matter at Question Time.

Deputy Charles Flanagan: The Minister will not accept questions. The Ceann Comhairle knows that.

An Ceann Comhairle: There are other ways of raising the matter, such as the Adjournment debate.

Deputy Charles Flanagan: There is a total failure on the part of Ministers to recognise this House as an assembly of the people.

An Ceann Comhairle: Deputy, please.

Deputy Charles Flanagan: It is a disgrace, day after day.

Deputy Seymour Crawford: In light of the discussion we had yesterday in the Committee for Social and Family Affairs regarding the need for changes to back-to-work schemes, when will the Social Welfare Bill be brought before the House so those changes can be made? There is a bill before the House regarding the provision of a licence to the conference centre on the quays. I am amazed that that has been arranged so quickly, while the sale of alcohol Bill has been awaited for years. 22 Order of 13 May 2010. Business (Resumed)

An Ceann Comhairle: Is legislation promised in this general area?

Deputy Seymour Crawford: Finally, we were told only last week through the media that for the first nine months of last year, 3,300 people were sent to jail for not paying fines. When will the Fines Bill be finalised or brought before the House so people can pay their fines in that way rather than be incarcerated in prison?

The Tánaiste: The Social Welfare Bill will be brought forward in the current session. The sale of alcohol Bill is a consolidation piece of legislation and is more complex than the legislation we hope to bring to the House this afternoon. On the Fines Bill, the amendments from the Seanad will be here next week.

Deputy Pat Breen: People suffering from cystic fibrosis have been promised a modern unit in St. Vincent’s Hospital, which will include proper rooms.

An Ceann Comhairle: A question to the Minister would be a help.

Deputy Pat Breen: Will the Tánaiste ask the Minister what stage that is at? Can she ask the Minister why a patient suffering from cystic fibrosis — I can provide the name — was left on a trolley from five o’clock last Friday evening——

An Ceann Comhairle: That should be tabled as a parliamentary question, Deputy.

Deputy Pat Breen: ——until Monday evening at five o’clock, with no treatment or physio- therapy? He had to leave the hospital to get enough sleep. It is a serious issue.

An Ceann Comhairle: We know it is, but there are other ways to raise the issue.

Deputy Pat Breen: From five o’clock on Friday——

An Ceann Comhairle: Yes, we know.

Deputy Pat Breen: The patient did not know. He had to leave the hospital. A man from Kells, aged 33, had to leave the hospital. I am asking the Tánaiste to ask the Minister for Health at what stage——

An Ceann Comhairle: I tell the Deputy to resume his seat and pursue the matter with the Minister.

Deputy James Reilly: An important item of legislation in section B is the health information Bill. When will it be brought before the House? It is an important and integral part of any national screening or vaccination programme, such as the cervical vaccination, that we have a unique patient identifier. That is part of the Bill, and a lot of things have been held up as a consequence. The Minister plans to start only a pilot programme on cervical vaccination, involving 21 schools out of more than 500. Would it not be better to wait until September to vaccinate first and second years, so that we get a good outcome?

An Ceann Comhairle: The Deputy should pursue that by way of a parliamentary question.

Deputy James Reilly: I want to inform the House that the Dutch, who do many things very well, took that approach, but they had to abandon it and restart the programme. 23 Order of 13 May 2010. Business (Resumed)

Deputy Seán Barrett: My question is addressed to yourself, Sir, as Chairman of the Houses of the Oireachtas Commission. Like everyone else, I received a letter this morning outlining a further request under the Freedom of Information Act seeking “a breakdown for every Senator and TD of their clock-in records since the new regime came into place earlier this year”. This is becoming something of a farce. This has been presented as if this House sits for five days a week, every week. Records have been issued showing that X, Y or Z has achieved 60% or 70% attendance. This is grossly unfair and does grave damage to the image of this House.

An Ceann Comhairle: Deputy, it is inappropriate to raise the matter at this time.

Deputy Seán Barrett: Will the Ceann Comhairle listen for one second?

An Ceann Comhairle: I am listening.

Deputy Seán Barrett: You are the chairman of the commission. The request appears very smart referring to “the clock-in records”. Clocking-in in my book means clocking in for work. This House sits three days a week, therefore the records disclosed should be the records of those who attended for the three days; that is clocking in. If someone asks for a clocking-in record, deliberately so, give him or her the clock-in record. The Dáil does not sit on a Monday or a Friday; it is all right for people like me who live eight miles from this House — I can call in here every day.

An Ceann Comhairle: If the Deputy wishes to convey his sentiments on the matter directly to the commission secretariat, he is welcome to do so.

Deputy Seán Barrett: It is grossly unfair to Members of this House who live in Kerry or Donegal and have a constituency office and jobs to do to be expected now to drive up here on a Monday to clock in, drive back and come back down on a Tuesday.

Deputies: Hear, hear.

An Ceann Comhairle: Deputy Barrett, it is inappropriate to have a full-scale contribution on that matter at this stage.

Deputy Seán Barrett: This is becoming a farce and I want you, a Cheann Comhairle, as commission chairman to do something about it and issue proper records if these people are smart enough to seek clock-in records. Will he confirm to me that that will be the case?

An Ceann Comhairle: Deputy, we have freedom of information legislation which must be respected and if you wish to refer the matter to the commission, please write to it and set out your sentiments in a letter which will be considered by the commission.

Deputy Pádraic McCormack: That has been done.

An Ceann Comhairle: Not directly to the commission. Deputy Barrett should write to the secretariat.

Deputy Seán Barrett: No, no. This affects every single Member of this House. I am not trying to be smart. This is giving an improper image of this Parliament, as if people are not attending when Parliament is sitting. We know, as practising politicians — and it does not affect me personally but it is wrong for the image of this House — that people are presenting records in the media which are giving a false impression of what is actually happening. 24 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage

An Ceann Comhairle: The issues the Deputy raises will be reviewed by the Minister for Finance but if he wishes to write to the commission, he is welcome to do so.

Deputy Seán Barrett: As chairman of the commission , can the Ceann Comhairle not protect our rights in some way?

An Ceann Comhairle: I have noted the sentiments expressed by the Deputy. We must move on.

Intoxicating Liquor (National Conference Centre) Bill 2010: Order for Second Stage

Bill entitled an Act to make provision for the issue of a licence authorising the sale of intoxicating liquor in certain circumstances at the National Conference Centre, Dublin. Minister for Justice and Law Reform (Deputy Dermot Ahern): I move: “That Second Stage be taken now.” Question put and agreed to.

Intoxicating Liquor (National Conference Centre) Bill 2010: Second Stage Minister for Justice and Law Reform (Deputy Dermot Ahern): I move: “That the Bill be now read a Second Time.” The main purpose of this short Bill is to make provision for an intoxicating liquor licence for the new national convention centre at Spencer Dock in Dublin. Similar legislation was enacted in 1983 to provide a fit-for-purpose licence for the National Concert Hall at Earlsfort Terrace. Before moving on to the detail of the Bill, I want to highlight the importance of business tourism to our economy. The most recent data from the Central Statistics Office indicate that approximately 1 million business visits were made to Ireland in 2009 and evidence suggests that the typical business tourist spends more during his stay here than the non-business tourist. Research carried out by Fáilte Ireland in 2009 indicates that, on average, each business tourist generates about €1,400 in revenue during the time spent in Ireland. Conferences and events are an important part of the overall business tourism market. Last year, Fáilte Ireland provided financial support for 122 conferences, with a combined value of over €80 million. However, while we now have the required availability of high-quality hotel accommodation, the absence of a dedicated national conference centre has for some years been identified as a shortcoming restricting our ability to fully exploit the potential to expand business tourism. In 2002, An Agreed Programme for Government contained a commitment to construct amo- dern national conference centre. In 2003, under the direction of a steering group, the Office of Public Works published a notice inviting expressions of interest for the provision of such a conference centre in the Dublin area. Following a complex and detailed appraisal process, the contract for the provision of the national conference centre was awarded to Spencer Dock Convention Centre Dublin limited in April 2007. Under a public-private partnership arrangement similar to that under which the criminal courts complex was completed, the company is required to design, build and finance the national conference centre and to operate and maintain it for a period of 25 years, after which the facility will revert to the State. In return, when construction of the centre is complete and open for business, the State will pay an annual charge, the maximum total cost of which over 25 years will be just under €380 million in present-day values. 25 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage

[Deputy Dermot Ahern.]

The new conference centre, which will be known and marketed as “The Convention Centre Dublin”, is due to open on 1 September next. It will be capable of accommodating up to 2,000 delegates in plenary session and have 22 other multi-purpose meeting rooms. It will have approximately 4,500 sq. m of flexible exhibition and banqueting space, along with associated press and delegate support facilities and general utility spaces. It has been estimated that the convention centre will, when fully operational, generate about 30,000 extra visitors to Ireland per year, and associated annual foreign revenue earnings of between €25 million and €50 million. I understand a total of 29 international events involving over 236,000 delegate days has already been secured for the centre. These events include meetings of the International Bar Association, comprising 4,000 delegates, the International Statis- tics Institute, comprising 3,000 delegates, and the International Conference on Emergency Medicine, comprising over 2,000 delegates. To compete on an equal footing with comparable conference venues in other countries, it will be important that a full range of conference facilities be available. The purpose of this Bill is to provide a fit-for-purpose intoxicating liquor licence for the new facility. In view of the projected opening of the convention centre on 1 September, it is urgent that a new licence be put in place and I am grateful to the Opposition for facilitating speedy consideration and enactment of the Bill. We have until towards the end of June but I acknowledge and thank the Opposition for suggesting that this Bill could be considered in full today in the Dáil, thus allowing it to be considered in the Seanad. Section 1 provides for the issuing by the Revenue Commissioners of a licence that will permit the sale and consumption of intoxicating liquor at events that will be held in the new convention centre. The proposed licence is not the equivalent of an ordinary seven-day alcohol licence. Under the proposed licence, alcohol may only be sold to, and consumed by, those attending or taking part in an event in the centre. Sales of alcohol to members of the public will not be permitted. Moreover, subsection (4) provides that the Minister for Tourism, Culture and Sport will make regulations prescribing the actual areas in the convention centre in which such sale and consumption may take place. An important distinction is being made in the Bill between what is called a “convention event” and a “non-convention event”. The former is defined as a conference, congress, convention, seminar or symposium, held in and involving the use of some or all of the conference facilities of the convention centre, and includes a reception, dinner, banquet or stage show held as part of such an event involving the use of some or all of the facilities of the convention centre. When such an event is taking place, the Bill will permit the sale of alcohol to those attending or taking part in it during the period beginning one hour before it commences, but not earlier than 10.30 a.m., and ending one hour after it concludes or at midnight, whichever is the earlier. However, where a reception, dinner, banquet or stage show is being held that is part of a conference, congress, convention, seminar or symposium, the sale and consumption of alcohol may continue until 2.00 a.m. In such cases, there will be no requirement to apply to the District Court for a special exemption order. To facilitate use of the convention centre’s facilities at times during which convention events are not taking place, the PPP agreement permits the holding of what the Bill refers to as a “non-convention event”.A“non-convention event” is defined as a trade fair — this might be a fair open to members of the public or confined to a specific economic or services sector — a live sports event, or a reception, dinner, banquet or stage show that is not held as part of a conference, congress, convention, seminar or symposium. 26 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage

When such a non-convention event is taking place in the convention centre, the sale and consumption of alcohol will be subject to the normal licensing hours set out in section 2 of the Intoxicating Liquor Act 1927, as amended. Moreover, any extension beyond normal licensing hours for a non-convention event will require a special exemption of the District Court and the normal conditions, for example, advance notice to the Garda, will apply. These provisions will ensure that there is no distortion of competition between the Convention Centre and other venues capable of holding non-convention events. Section 2 amends section 1,094 of the Taxes Consolidation Act 1997 by providing for tax clearance of the applicant as a condition for the issue of the licence. Section 3contains the standard commencement and interpretation provisions. It is intended that the Bill shall come into operation immediately upon enactment. I commend the short Bill to the House and thank the Opposition spokespersons for addressing it. It was originally intended to consider the content of the Bill as part of the civil law (miscellaneous provisions) Bill, which is a more comprehensive Bill. At the suggestion of the Opposition, and given the fact that there were issues pertaining to the latter Bill 12 o’clock that might require further consideration, I agreed to deal with the convention centre by way of an independent Bill, thus allowing us to discuss the civil law provisions at a later stage. I hope that, with the co-operation of the Opposition, we can do so as quickly as possible. We are ready to do so. I understand the convention centre is all but finished and kitted out so everything is on time. It is appropriate that we respond as we are doing and agree to this legislation.

Deputy Charles Flanagan: We are entering the record books this morning in a number of ways. We have another intoxicating liquor Bill and I dare say it is the shortest Bill this House has been asked to consider for some time. It contains a mere three sections. I would like to commence my brief contribution with a quotation mentioned in Constance Cassidy’s book, Cassidy on the Licensing Acts: It states:

The provisions of the numerous statutes which regulate licenses for the sale of intoxicating liquor in Ireland are so complex, so uncertain and so contradictory that it is difficult to carry them into effect or to reach the meaning and intention of the Legislature.

The quotation comes from Lord Justice Fitzgerald in 1877. Since then, numerous statutes have been added to the long list to which Lord Justice Fitzgerald referred. His words ring true and carry the same validity in 2010 that they did in 1877. I wonder why this single-issue Bill is necessary, or indeed worthy. The Minister quite rightly said we are following the precedent set in 1983, in the case of the National Concert Hall. I was not here on that occasion — neither was the Minister or Deputy Rabbitte — but I would have thought that the Intoxicating Liquor (National Concert Hall) Act 1983 was a short-term solution to an immediate problem of the time. The Minister will recall that the legislation in question was introduced when the Garda Síochána decided to appeal a Circuit Court decision to grant a theatre licence to the new National Concert Hall. The legislation was passed by the Oireachtas, thereby obviating what was likely to be a real and serious problem, before the appeal could be held in the High Court. We have not really advanced matters to any extent since 1983. I am not sure whether it was envisaged at the time that a full Act of Parliament should be required every time a venue of this nature is opened to the public. Perhaps the Minister can clarify that in his response. More than anything, it underlines the need to codify our liquor licensing laws into a more coherent body of legislation. I recall that a Minister from my party indicated in the mid-1990s that she 27 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage

[Deputy Charles Flanagan.] intended to embark on a codification of the liquor licensing laws. Very little has happened in the 16 years that have passed since then. I suggest, subject to correction in the Minister’s reply, that an intoxicating liquor licensing Bill has been introduced almost every second year since the initial body of law was agreed in 1635. It is important to bring together the entire corpus of liquor licensing legislation. A reference was made earlier to the proposed sale of alcohol Bill, which will not address the matter in the comprehensive manner that is needed. We are continuing to operate under the strictures mentioned in the preamble to the 1635 Act, which was introduced to respond to the concern of the English Parliament about the need to restrain the “regrettable excess in drinking” of the Irish populace. I suppose we are doing that today, in many respects, by regulating and restricting the manner in which alcohol is sold to those from home and abroad who attend events at the National Conference Centre. I understand that the centre is to be run by an outside agency. I wonder if it is worth considering the creation of a special licence for venues like convention centres and conference halls. The Mini- ster mentioned that it is not a case of attaching an ordinary seven-day publican’s licence to the premises, which is fair enough. As entry to the conference centre will be by ticket only, I assume alcohol will be served only to those people who have gained admission by way of ticket and are attending the conference as delegates. I do not object to the provision in the Bill whereby alcohol can generally be served up to one hour before and one hour after the events. It is important that a range of entertainment and beverages is available. I congratulate the parties involved on the construction of this landmark building, which has already significantly enhanced the landscape of the quays of Dublin. The changed landscape, incorporating the conference centre, can be seen from far and wide, including some of the more plush offices on the fifth floor of the Leinster House office complex. The building must be classified as a monument to the Celtic tiger era. Now that the Celtic tiger is dead and buried, the desperate need for the business tourist revenue that this centre promises to bring must be underscored more than ever. In the era of the zombie hotel — 30 hotels closed in this city last year — I am somewhat surprised to learn that planning permission has been issued for the construction of a hotel on a site adjacent to the conference centre. Rather than building another hotel at a time when the current complement of hotels is starved of business and facing real and serious problems, I would have thought a more creative solution could be found, in partnership with the existing hotels in Dublin. In November 2007, the then Minister, Séamus Brennan, predicted that the conference centre would help to double tourism revenue by 2013. I wonder how realistic that €1 billion target is today. I do not suppose the Minister for Justice, Equality and Law Reform has that information. The Minister for Tourism, Culture and Sport might be able to inform the House of the projections for business tourist revenue that are currently in operation. It was promised that the centre would host 200 events per annum, the majority of which would accommodate between 1,500 and 3,500 delegates. How do the bookings compare to that promise? These figures seem high, having regard to the venue’s capacity of 8,000 people. How often will the centre be filled to capacity? I understand that one of the bookings that have been taken is from the International Bar Association, which is a prestigious client to secure. Was the association attracted to Ireland by the possibility of a day trip to Dublin Castle to see our tribunal industry in action? I hope the conference centre will attract other high-profile clients. The development of the proposed metro from the city centre to the airport would facilitate the conference centre’s business. My colleague, Deputy Olivia Mitchell, has suggested on numerous occasions that the Government tourism tax played a huge part in the sharp decline in tourist numbers last year. In light of the 28 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage need to attract business tourists to the conference centre and elsewhere, I repeat her call for the tax to be removed. I regret that I do not have more time to discuss this legislation, which I support notwithstanding my view that a comprehensive overhaul of the liquor licensing legislation is needed. Such a review would obviate the need for the Dáil to engage in the enactment of specific legislation every time a centre of this nature is opened. I will conclude on an optimistic note by wishing everyone well. I am confident that business tourists will flock to this country and to the new convention centre, Icelandic volcano ash permitting.

Deputy Pat Rabbitte: I wish to share time with Deputy Ó Snodaigh. The Labour Party is pleased to welcome the Bill. It is narrow in scope and the service it confers, which is to authorise the availability of liquor in the specified circumstances given expression to in its provisions, is necessary. I do not have any dispute with it. The conference centre is an essential part of the tourism infrastructure in Dublin and in the country. Against a background of a 15-year boom, we have few landmark buildings to show for it but this appears to be such a building. It seems a splendid building to me and although I have not been on the inside yet, I am told the facilities are excellent and it is a building of which we can be proud. The Minister stated it was built as a PPP. It was constructed at the height of the boom when we could not count the revenues coming in. We did not count them and when we did, we counted them incorrectly. I wonder whether this should have been a PPP. Why could it not have been built a great deal more cheaply on behalf of the taxpayer than through a PPP? I would like to hear the Minister’s view on that if it differs from mine. What is the status of the planning application for the adjacent hotel? According to the press release, Treasury Holdings “submitted plans for Dublin’s biggest hotel on the site of the new convention centre...planning permission for a 35-storey hotel with 488 bedrooms”. There may well be an argument for appropriate hotel accommodation adjacent to the centre for all the reasons most of us have experienced. Such provision is not otherwise available in the immediate vicinity but, at the same time, 15,000 hotel rooms too many were built during the boom, largely through property-based tax incentives, with the calamitous fall-out we know about. How does the Minister reconcile the overhang of property with this application? If ever there was a monument to the Celtic tiger, it is the shell of the Anglo Irish Bank building through which one can see from the dockside beside the conference centre. It could be adapted for hotel purposes because it certainly will never function as the headquarters of Anglo Irish Bank. In fairness to the DDDA, before it became enmeshed with that bank and the cross directorships that have led to virtual ruin for the banking system, the authority was doing a good job and it had lifted the area but that shell of a building will not function as the headquarters of a bank that does not function or trade. The pricing signifies that the facility is aimed entirely at foreign tourist and business. It is prohibitively priced in the context of the domestic market and I presume that means its focus is exclusively on attracting business tourism from outside the State. I would like the Minister to comment on that.

Deputy Aengus Ó Snodaigh: Ba mhaith liom mo bhuíochas a ghabháíl leis an Teachta Rabbitte as a chuid ama a roinnt liom. I support the legislation in general. I am a little bemused as to why it has come before us in this way and why it took until almost the last minute for somebody to realise there was a problem and that a licence was needed for the national conference centre. We have no problem 29 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage

[Deputy Aengus Ó Snodaigh.] facilitating the quick passage of the Bill, although it is being rushed despite the fact that the centre does not open until September. The conference centre is welcome and it will be a boost to Dublin’s facilities and, hopefully, a boost to the tourism industry in the city, given many hotels are closing because of a lack of business. The centre might attract additional national and overseas conferences to the city. However, this is a PPP project and the State will pay Treasury Holdings €380 million over a period. This company is currently putting a business plan together to transfer properties to the National Asset Management Agency. On the one hand, the State has to bail out Treasury Holdings, while, on the other hand, it will pay the company €380 million, which seems odd. Is there no circumstance in which the rental could be revoked in order that the State could run the conference centre and gain the profits from day one of its operation? That would be worth considering. With regard to the urgency of the Bill, many other Bills are as urgent, if not more urgent, and they could be prioritised at this stage without rushing this legislation. It was only at 9.30 a.m. that I received a text message saying a financial resolution had to be put to the House to facilitate the Committee Stage debate on this Bill. I have said time and time again that rushing legislation usually results in mistakes. It is a short Bill and we will manage to ensure it is accurate and covers its intention but rushing it in this way should be frowned upon. When I attended the Whips meeting, I was given an indication the Bill needed to be passed by June but the Minister stated it does not need to be passed before September. While I welcome the legislation, we could have debated other urgent legislation such as the Bill to end the practice of imprisoning people who cannot pay their debt, the legislation to recognise the preferred gender of transgender people as directed by the High Court two and a half years ago or the Tribunals of Inquiry Bill 2005, which is awaiting Report Stage. A poll conducted three years ago found that 88% of people wanted a new law to curb the cost of tribunals. In addition, the Immigration, Residence and Protection Bill 2008, which must be reintroduced in its entirety, and the Adoption Bill 2009 are urgent, yet the Minister is concerned with granting a liquor licence to a facility, which says something about the Government’s priorities. Is the fact that the Government is rushing the legislation a consequence of the debacle concerning the DDDA, the planning problems in the Spencer Dock area and the attempt to ride roughshod over residents? In the middle of all of that, did somebody forget to include the provision for a liquor licence, which meant the legislation had to be rushed at the last minute?

Deputy Joe Carey: I am pleased to make a contribution to the Bill which will enable the national convention centre to apply for a licence to sell intoxicating liquor. I understand that the centre, which is built on the banks of the River Liffey at Spencer Dock is scheduled to open in September 2010. There is little doubt that this facility will be a world class international conference and event venue, one of which we as a nation can be justifiably proud. I take this opportunity to raise again the possibility of developing a national conference centre in the mid-west. The idea was first spoken of by the Irish Tourist Industry Confederation in 2006. The mid-west centre was intended to be a 2,000 seater international conference facility but the plans for it were shelved by the former Minister, Martin Cullen, in February 2009. The economic landscape of this country has changed fundamentally since the decision. Significant value for money is to be found in terms of construction and land costs. The project which was originally costed at €60 million would only cost a fraction of that price tag now. The development of a convention centre would provide jobs in the short term for hard pressed construction workers and would sustain a number of long-term jobs in the region. 30 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage

The mid-west region is nestled in the heart of the west. Our region boasts spectacular scenery, with places like the Cliffs of Moher, the Burren, miles of golden beaches and the rolling plains of the Golden Vale together with ancient castles, some of which have been transformed into five star luxury accommodation such as Dromoland Castle and Adare Manor. We in the mid- west have a world class international airport which provides easy access to global air hubs and airports throughout the world. We have two world renowned universities in the University of Limerick and Limerick Institute of Technology. Our road network has improved with the opening of the Ennis bypass and soon to be opened Limerick Port Tunnel. The N7-M7 has been developed, as has the N18, part of which is currently under construction from Crusheen to Gort. It is critical that the Gort to Oranmore section is not allowed to be put on the long finger. In recent weeks we have witnessed the opening of the Ennis to Athenry section of the western rail corridor which has proven to be a tremendous success with more than 16,000 passengers using the service in the first month. That highlights the need to proceed immediately to develop additional rail services in the region. I refer to the need to develop a rail spur to Shannon Airport which could deliver passengers right up to the door of the international airport. The railway line is a mere three miles from the airport. I also support the need to develop a new railway station at the University of Limerick. I will continue with my representations on the provision of a rail stop in the village of Crusheen in County Clare where Iarnród Éireann has made an official application for funding to complete the station. The opening of a rail stop at Crusheen would be a massive boost——

An Leas-Cheann Comhairle: I remind the Deputy that he has just over a minute and a half left and that the debate relates to intoxicating liquor.

Deputy Joe Carey: ——for the village and the large hinterland it serves throughout north Clare and into places in east Clare such as Tulla and Feakle. I also wish to put on record the need to deliver the remaining elements of the western rail corridor. We have a vibrant region in the mid-west and that is good not just for the west but for the entire country. We need a counter-pole to Dublin. Balanced regional development means supporting the economic and social development of all regions in their effort to achieve their full potential. Chambers of commerce in the mid-west, including those in Limerick, Shannon and Ennis have supported the need to develop a national conference facility in the region. The mid-west is situated half-way along the western rail corridor making it an ideal location to develop such a facility. The region can proudly boast a large amount of first-class hotels and guesthouses which could easily accommodate the number of people such a centre would attract. It is reasonable that the notion of having a major conference centre on the west coast should be pursued. If we are to take the stated aim of balanced regional development to its natural conclusion then a state-of-the-art conference facility for the mid-west should form part of the strategy. I support the legislation and call on the new Minister for Tourism, Culture and Sport, Deputy Mary Hanafin, to re-examine the proposal to develop a national conference facility in the mid- west region in the interest of balanced regional development.

Deputy Mary Upton: I am interested in Deputy Carey’s contribution. I support almost anything he says about County Clare. However, I must talk about the convention centre in Dublin today. I welcome the Bill and have no difficulty supporting it. It would be totally unrealistic and completely impractical if we had any negatives on providing a licensing facility for the convention centre. I was lucky enough to have had a tour of the convention centre earlier this week. Apart from being amazingly visually attractive from the outside, although I have no architec- 31 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage

[Deputy Mary Upton.] tural experience, it is a fabulous, state of the art building. Technologically, it seems to be up there with the very best convention centre one could expect to find anywhere in the world, certainly in Europe. It is clear that whatever needs to be put in place must be put in place to ensure we can attract the large tourism business groups that will be important to make it viable economically. I am told the conference centre can cater for anything from eight to 8,000. If one can imagine dealing with 8,000 tourists in one centre at any one time, one will get an idea of how competent and efficient the system must be in order to provide for that. It is clear that the provision of the licensing facility is hugely important. I refer to the tourism industry and how important it is to the country. Unfortunately, in 2009 everything that could go wrong did go wrong in terms of tourism. It was a very bad year for the country. I hope that despite the forces of nature being against us in terms of ash clouds that the situation will improve later this year. For that to happen we must look carefully at how our tourism industry is managed. For instance, when we bring business tourists to Dublin we hope that they will have the facility to move around the country to see the other tourism attractions. Even within the city of Dublin, as has been mentioned on numerous occasions, signage is poor relative to other European countries. I was in County Clare recently and the signage when travelling around the country also leaves much to be desired. These are small, practical matters. If we are attracting international tourists, whom we will clearly be targeting for the convention centre, then a language facility will be required in order to support such groups. While we can provide basic language facilities in French and Spanish we should bear in mind that we will be attracting a different cohort from Asian countries and areas where we currently lack language skills. We must invest to ensure we have all the services and facilities that would be important in that context. From the point of view of the economy we hope that the funding for marketing will continue to be provided as an investment in tourism. If it is not then the industry will fall apart. Integrated ticketing in Dublin has been raised on more than one occasion. My colleague, Deputy Tommy Broughan, who is the party spokesman on transport, has raised it many times. We cannot hang about much longer. We keep being told it is going to happen. Integrated ticketing is something one takes for granted in any European city. It would not be an issue elsewhere. There will be a huge spin-off from any international conference, not just for the immediate area in which it takes place. Will the Minister indicate what is the current status of the application for the hotel facility, how important it is, whether there is a need for it and if the matter is being progressed? The purpose of the Bill is to ensure the provision of alcohol within the convention centre. That provides an opportunity for me to express concern with how we in this country deal with alcohol in a wider context. The legislation is positive in the context of providing a facility that is essential to the convention centre but we need to look carefully at the wider issue of alcohol. A number of Bills are on the list of current legislative proposals and we need to deal with them. Overall, I welcome the proposal. I hope we have a very successful international and national support for the convention centre.

Minister for Justice and Law Reform (Deputy Dermot Ahern): I thank the Deputies opposite for their comments and for facilitating the speedy passage of the Bill. The legislation is not being rushed, as such. We started the discussions in regard to this in September within my Department and the Department of Arts, Sport and Tourism. Under the agreement between 32 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Second Stage the State and the PPP company there is provision which states that intoxicating liquor for the centre was to be obtained, and must be enacted no later than 30 working days prior to the target service commencement date. In effect, this means it should be enacted before 24 June. As I said earlier, it was intended to include this in the civil law (miscellaneous provisions) Bill, which is a more comprehensive Bill dealing with a number of other issues not connected with this. However, at the instigation of the Opposition, when we produced the Bill, it was suggested that if we were to rush the entire Bill through before 24 June, this would not afford due time for the other issues in the legislation, which needed longer consideration. I agreed to that, and this is why we took it out at as a separate Bill, with a view to passing it. Equally, it was intended that we would deal with this Bill in Stages in the Dáil and then go to the Seanad with a view to having it passed before 24 June. Again, a timeframe was agreed with the Chief Whip, at least, that the Bill should proceed on that basis. Again, at the suggestion of some of the Opposition Whips that we should take it all today, we obviously agreed, and I thank them for that suggestion. There is no suggestion that we are rushing this legislation. There would have been plenty of time and the suggestion deal with it separately is probably a better modus operandi than what we had originally intended. Listening to Deputy Carey, I started to believe he was on a retainer for the mid-west tourism organisations. However, that is an issue on which I cannot comment because it is something the new Minister in this area, Deputy Mary Hanafin, will have to deal with. With regard to the points raised by Deputy Charles Flanagan on the myriad items of legislation that date back as far as 1833, we are bringing forward the sale of alcohol Bill, which will be a consolidation Bill. We are in the final throes of dealing with that. It will replace the Licensing Acts of 1833-2008, the Registration of Clubs Acts 1904-2008 and will merge more than 600 statutory provisions spread over 70 statutes into a single Bill. It will have about 300 sections. As such it is in line with the desire by Ms Constance Cassidy, SC and others, as well as myself for reform in this area. This area has been changed piecemeal over decades, indeed centuries, and it would be better to have a consolidated Bill whereby——

Deputy Charles Flanagan: The Minister had first better get the immigration Bill out of the way.

Deputy Dermot Ahern: ——--legal practitioners and members of the public would have one document to refer to. I believe that should be welcomed. Deputy Ó Snodaigh referred to all the other Bills. The Fines Bill, for instance, will I hope pass into law in the next week or so if we can get the amendments from the Seanad passed in the Dáil. The immigration Bill is another on which we have agreement at the suggestion of the Opposition, to a certain extent, that it should be dealt with in a certain manner, and I welcome that. It is not as if we are taking the foot off the pedal as regards other items of legislation. It is one of the reasons why we willingly accepted the suggestion from the Opposition that we should deal with this quickly. I wish to advise Deputy Rabbitte that I have no information on the matter he raised regarding the hotel nearby. With regard to my views on PPPs and the Exchequer paying for them, my experience as a Minister is to the effect that PPP projects work well, as in the case of the criminal courts complex although in other areas they have not worked as well. In the case of this convention centre and the criminal courts complex they seem to have worked well. On the question of whether the State could afford to pay out a very large amount of money for buildings such as the criminal courts complex and indeed this one, the consensus was that to do it on a PPP basis was a better approach. 33 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Committee Stage

[Deputy Dermot Ahern.]

The focus, primarily, will be on international business, but the centre will also be looking for big local business. Deputy Upton raised the matter of language facilities, and that is an issue. However, I am aware from developments in the courts in recent times that a number of private companies are very adept at bringing translators forward in every language we have had to deal with in the courts. I understand they have dealt with them reasonably well. It is estimated that this facility will provide 200 to 250 full-time jobs, 500 temporary jobs as well during its construction, 730 on-site at its peak, with 600 off-site. It will be ready for business a month prior to the official opening on 7 September. To date, the company that is targeted with finding business has exceeded its targets for international delegates for the years 2010-11. It already has 200 options signed up and is negotiating in this regard in relation to conferences coming to the centre up to 2021. To date the company has confirmed 236,000 delegate days on 29 events, and there are targets it has to comply with over the lifetime of the 25-year lease. There are penalties if it does not reach those targets. This is an excellent building. It is fair to say, leaving aside all the issues in regard to the DAA and the other matters in the public domain in that respect, that the developments which have taken place down in the docklands are magnificent. They are a testimony to the design of architects and engineers as well as to the view taken by the local authority and the State with regard to how to develop this area which had been very disadvantaged for many years. It was gratifying to hear a number of the community leaders in this area saying that despite all the controversy with respect to some of the sites, we should not lose sight of the fact that these developments have enhanced that area and have led to jobs for local people in tandem with developments for previously disadvantaged communities. Again, I thank the Deputies for this. Question put and agreed to.

Intoxicating Liquor (National Conference Centre) Bill 2010: Committee and Remaining Stages

SECTION 1.

Question proposed, “That section 1 stand part of the Bill”. Deputy Charles Flanagan: I have a couple of questions in the matter of section 1, which is probably the most important section of the Bill. The Minister, in the course of his contribution, made reference to the fact that the convention centre will be run by a management company. I want him to clarify the position as regards the licence. This is not the licence that will issue in the normal course by the courts and I am assuming it will be for a nominee, for and on behalf of the management company. I am wondering about the exact relationship between the licence and the premises. I invite the Minister to clarify whether the licence follows the premises. In other words, if the centre closes for a period of time, or even if it was to close, presumably the licence lapses. This is not a licence that can be transferred to any other premises, given the specific nature of it. Perhaps the Minister might clarify the legal position as to how the licence follows the premises. On the matter of the difference between a convention event and a non-convention event, I suggest that there is an element of overlap because conference meetings, congresses or whatever tend to have definitions that more often than not are not clearly demarcated. Reading the definitions of “convention event” and “non-convention event”, one can see a certain overlap. A convention event can be a dinner associated with a convention, while a non-convention event can be a dinner associated with a reception where, presumably, the reception will not of itself qualify as a convention event. I suggest this element of overlap could give rise to difficulties. 34 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Committee Stage

“Seminar” does not have the same important ring to it as “convention” or “conference”.A seminar can be held with a small number of people. Yet if there is a banquet associated with a seminar, is it a convention event or a non-convention event? Must the seminar have a pre- scribed number of attendees? A seminar could have 20 attendees while the associated banquet could have 100, or even 5,000. That could be orchestrated to qualify as a convention event, which has a more liberal regime attached. I do not wish to prolong the proceedings, but these are important points that could give rise to some confusion. The licence that will be granted will be an on-licence for the purposes of section 5 of the 1927 Act. Section 1 states that notwithstanding anything contained in the Licensing Acts 1833 to 2008, a licence issued or renewed under this section shall operate to authorise the sale of intoxicating liquor between certain hours when a convention is taking place. However, I am wondering about the prohibited hours we currently have — for example, on Sundays. It would appear that the sale of intoxicating liquor on the premises can take place irrespective of the day or date and dependent only the time of a convention. I ask the Minister to clarify the situation regarding Christmas Day and Good Friday, which have long been dates upon which the sale of intoxicating liquor is severely curtailed. The Bill does not make it entirely clear. If a convention is billed to take place over three days, commencing on what we would ordinarily refer to as Spy Wednesday — a particular Wednesday in March or April, depending on the moon — what is the position with regard to the sale of intoxicating liquor on the third day, which is Good Friday? Under section 1(8), the fixed charge payable on renewal of the licence is €500. I would have thought that in the event of there being a general excise increase in licensing, that would also be subject to change. Yet under this legislation it appears to be fixed. Is this normal practice? I cannot really say “normal practice” because there is not a normal practice in this context. I wonder why we need specific legislation for this. For example, if a new racecourse was opened, there would be no need to introduce a specific Act of Parliament to establish its licensing conditions; that can be done by order of the Revenue Commissioners. Yet for this centre, which, I grant the Minister, appears to be a one-off, there is no provision other than an Act of Parliament, which I find extraordinary. My final question is with regard to the licence itself. Section 1(9) states that “A licence shall not be issued or renewed by the Revenue Commissioners under this section unless a tax clearance certificate [...] has been issued”. This would appear to accord with the situation in licensing generally, in which the licence holder must produce a tax clearance certificate on an annual basis. Whose certificate is required? Is it the secretary of the company? Is it a person who is a nominee of the company? Is it the management company itself? With regard to renewal of the licence, is the tax clearance certificate to be produced on an annual basis or only on renewal?

Deputy Pat Rabbitte: The purpose of the Bill is to authorise the sale of alcohol at the national conference centre. I too was interested in the point raised by Deputy Flanagan about the licence following the premises, but I will not go back over that territory. Do I understand that a licence must be applied for each time there is a qualifying event? If that is not the case, why does subsection (8) state——

Minister for Justice and Law Reform (Deputy Dermot Ahern): It is an annual licence.

Deputy Pat Rabbitte: And the excise duty of €500 mentioned in subsection (8) is per annum?

Deputy Dermot Ahern: Yes.

35 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Committee Stage

Deputy Pat Rabbitte: I was disappointed that the Minister was not able to give us any information about the application for an adjacent hotel, because it seems to be quite important. In Irish weather conditions, if the conference centre is to attract 4,000 barristers, who are usually well upholstered, from various countries across the world, will it require them to walk long distances from the conference centre, however splendid the facilities there, to get to their hotels? This might be an impediment to its efficient working. I know the Minister does not have responsibility for tourism and I am not trying to put him on the spot, but his officials must surely have some view on this. Meanwhile, we have 15,000 hotel rooms which are surplus to requirements. In my own constituency, three hotels have closed down. What is the current opinion on that issue? It is not unreasonable to suggest, bearing in mind typical Irish weather, that reasonable proximity to hotel accommodation, more or less commensurate with the state-of-the-art facilities available at the conference centre, could be an issue. Notwithstanding the Minister’s narrow remit of ensuring a pint of Guinness is available, or more exotic drinks for some of the more exotic visitors, there must be some view about the necessity of a hotel.

Deputy Aengus Ó Snodaigh: I will try to be brief, given the time. I have a number of issues on which I require clarification from the Minister. I have raised on a number of occasions the titles of institutions and so on. Where section 1 of the Bill states “‘Convention Centre’ means the National Conference Centre”, my preference would be “‘Convention Centre’ means an Lárionad Náisiúnta Comhdhála or, in the English language, the National Conference Centre”. However, I will not push this issue to a vote. This would give an acronym of LINC, and we know that people remember acronyms. NCC does not really grab one, but LINC might. The next definition in section 1 states: “‘convention event’ means a conference, congress, convention, seminar or symposium”, but this does not include the word “meeting”. Perhaps this word should be added to encompass gatherings of, for example, eight people. I do not know why it is not there. It is also stated that “non-convention event” means a trade fair, live sporting event, reception, dinner or similar. Does this refer to a live sporting event within the conference centre or could it be a televised event? There are live sporting events on television continuously. This has implications with regard to the area being designated for alcohol and whether it will compete against other facilities in the area. Concerts are not covered by the Bill either. This is not to say I want the conference centre to compete with the Point, the Grand Canal theatre or Croke Park etc., but it seems to be already competing with them in terms of the delivery of some services. Why, therefore, are concerts not included? Like other Deputies, I do not understand why we need stand-alone legislation for the conference centre. Would the normal bar or theatre licence not cover it? What other stand alone licences have been issued in this format? Perhaps the National Concert Hall might have such a licence, but I am not certain. With regard to the hours, the legislation allows, for example, for the facility to be opened at 10.30 a.m. on a Sunday morning. Some clever people who might want an early drink might book a conference from 10.30 a.m. until 12.15 p.m. in order to bypass the current Sunday opening hours. The question of Good Friday and Christmas Day has already been mentioned.

Deputy Charles Flanagan: They could walk down to the early houses. 36 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Committee Stage

Deputy Aengus Ó Snodaigh: Yes, but not on a Sunday. With regard to remaining open for one hour after the conclusion of a conference, I am aware from having attended international conferences that it often takes an hour to get out of the hall in which the meeting was held. Therefore, an hour might not be sufficient. I suggest it should be a period of two hours, to allow people wind down after a conference. Otherwise, it should be indicated to the organisers of conferences that they need to factor the current provision into their arrangements. I consider the duty of excise of €500 is low. Perhaps that should be re-examined, given the potential earnings from the projected 8,000 conference attendances.

Deputy Dermot Ahern: Deputy Flanagan asked in whose name the licence would be held. Section 1(2) provides the license shall be issued “on application to them being made in that behalf by the operator of the Convention Centre or a person nominated by such operator”. This would, more than likely, be the nominee of the operator. It would be decided on an annual basis who would be the nominee to apply for the licence. Lest anyone think it can, the licence cannot be transferred to other premises. However, it can be transferred to another nominee of the operator. Deputy Flanagan also asked whether the prohibition on Good Fridays, Christmas Day or a Sunday would apply to the conference event. If a conference is being held and there is a conference event, the facility could, conceivably, be open on a Good Friday. However, if it was a non-conference event, it would not be open because the normal rules would apply.

Deputy Pat Rabbitte: Unless it was a Munster rugby match.

Deputy Dermot Ahern: Such a provision was provided for in previous legislation. I had no problem with that, as long as the District or Circuit Court decided on it. With regard to the question of the duty, the sum is fixed in the legislation. However, it could be changed by the Finance Act. It is a standard provision to fix the sum in the legislation and then, subsequently, to reconsider it. Deputy Flanagan raised the issue of racecourses. If a racecourse is approved under the existing legislation regulating racecourses, it then has an automatic licence to sell intoxicating liquor during and around the time of the race event. It is unnecessary therefore to have special legislation for racecourses. I take the Deputy’s point with regard to having separate Bills for the National Concert Hall and now the national convention centre. We propose, through the Sale of Alcohol Bill, to take care of this situation so that we will not have to come to the House on a piecemeal basis with separate pieces of legislation. Deputy Rabbitte raised the issue of hotels. Well upholstered barristers would be more than pleased to hear the statistic that Dublin is now one of the cheapest, if not the cheapest, capitals in the world for hotel beds. The increase in the supply of hotel beds in this city is a good news story. Despite the suggestion that there is a surplus of hotel beds in the country, friends of mine abroad who wanted to come here for a rugby international could not get a bed next or near Dublin. The fact we have a lot of hotel beds has been a factor in the dramatic reduction of prices, but we still have excellent facilities. I have no view with regard to the specific planning application for a hotel near the conference centre. It is a matter entirely for the promoters to decide whether they want to put their money into a proposal for that location. I suspect it would be a good proposition, given the proximity of the national conference centre. However, it is subject to planning applications. I wish them the best of luck.

37 Intoxicating Liquor (National Conference 13 May 2010. Centre) Bill 2010: Committee Stage

Deputy Pat Rabbitte: The issue is whether, having waited so long for this tourism infrastructure, it will be damaged by the absence, within reasonable proximity, of adequate hotel accommodation. That is the issue, rather than the cost of hotels.

Deputy Dermot Ahern: I am not aware how close the major hotels are to the centre, but it is facilitated by the Luas line. Therefore, it will be accessible, all the way out to Tallaght as Deputy Harney says. Perhaps they will fill some of the fine hotels in Tallaght town centre.

Deputy Charles Flanagan: The Luas does not go to the airport.

Deputy Dermot Ahern: That will happen eventually. Deputy Ó Snodaigh asked about events. The event must be taking place in the centre and cannot be a football match or whatever outside. He also asked about concerts in the convention centre. The definition provided is that the convention event is a reception, dinner, banquet or stage event which is held as part of a conference. Therefore, it could conceivably be a concert. On the question of the hour after the event, the operator is satisfied with one hour. It is a reasonable period. Again, once the hour is over, the well upholstered barristers can drink in the local pubs, bringing business to the local area. I propose to bring in the sale of alcohol Bill sooner rather than later. There have been suggestions that we should review opening hours with regard to the changes we made recently in the Oireachtas. I have received representations from various groups requesting the hours be returned to what they were and extended again. I am not prepared to change the 1o’clock hours. I am not aware whether representations have been made to the Deputies opposite on the issue. Despite the Armageddon suggested, the hours are reasonable. Deputy Upton raised a salient point — something I say in the presence of the Minister for Health and Children — on the issue of the availability of drink in the country and the damning statistics with regard to the level of alcohol use by the population. That said, this is an important issue and we must deal with it. This convention centre would not be regarded as viable to compete for conventions throughout the world if it did not have the finest facilities, including intoxicating liquor facilities. That is why we are making provision in this respect.

Question put and agreed to.

Sections 2 and 3 agreed to.

TITLE

Question proposed: “That the Title be the Title to the Bill.”

Deputy Aengus Ó Snodaigh: I have made the point previously that the Title should read, “AT THE LÁRIONAD NÁISIÚNTA COMHDHÁLA OR, IN THE ENGLISH LANGU- AGE, THE NATIONAL CONFERENCE CENTRE”. That would make it stand out from other international conference centres.

Deputy Dermot Ahern: I have some sympathy with the Deputy with regard to its designation in the Irish language. However, given the fact that we are trying to target international business, it is probably more relevant to that market in English. I note the Deputy’s point.

Deputy Charles Flanagan: An issue arose on the publication of this legislation as to whether it is the National Conference Centre or the National Convention Centre. The documentation and most recent brochures of the Department of Tourism, Culture and Sport refer to it as the 38 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

National Convention Centre, yet the Department of Justice, Equality and Law Reform takes the view that it is the National Conference Centre. What is the reason for that?

An Leas-Cheann Comhairle: The title is the Title of the Bill as opposed to the title of the centre, but it should be the same.

Deputy Charles Flanagan: Why does the Title of the Bill not accord with the title of the centre having regard to the fact that, as the Minister said in response to Deputy Rabbitte, the licence pertains exclusively to the convention centre? The licence will presumably issue to Joe Bloggs as nominee of the company that is authorised and has an estate or interest under the lease or agreement to run the National Convention Centre rather than the National Con- ference Centre.

Deputy Dermot Ahern: We are following what is in the PPP agreement, which refers to a conference centre. It will be marketed as a convention-conference centre worldwide. I do not believe there is a big issue in this regard.

Question put and agreed to.

Bill reported without amendment, received for final consideration and passed.

Nurses and Midwives Bill 2010: Second Stage (Resumed)

Question again proposed: “That the Bill be now read a Second Time.” An Leas-Cheann Comhairle: The Minister was in possession and has six minutes remaining.

Minister for Health and Children (Deputy Mary Harney): Part 4 includes provisions for the membership, committees and employees of Bord Altranais agus Cnáimhseachais na hÉireann. The board will have 23 members, of which 11 will be nurses or midwives. Statutory provision is made for two committees relating to the fitness to practise functions of the board — the preliminary proceedings committee and the fitness to practise committee. Part5 deals with the accounts of the board. The board will continue to be funded by fees paid by nurses and midwives, but the Minister for Health and Children may provide financial assistance relating to its functions under Part 11. Part 6of the Bill provides for the registration of nurses and midwives. Only individuals who are registered by the board can practise as a nurse or midwife. Section 46 provides for three registers, the nurses and midwives register, the candidate register and the AMP/ANP posts register. A number of divisions are specified for these registers and the board may create additional divisions by rule. Section 49provides for the registration as an advanced nurse practitioner or advanced midwife practitioner which is linked to employment or offer of employment in the advanced practitioner post. Part 7 relates to complaints regarding registered nurses and midwives. It details the grounds for complaint, which have been expanded to include a number of additional grounds including inappropriate behaviour. Part8 provides for the conduct of inquiry by the fitness to practise committee. The hearing will generally be held in public unless decided otherwise following a request. The powers and protection relating to witnesses and evidence are specified. It also provides for a situation where the nurse or midwife consents to a censure or remedial action. It provides for the report from the fitness to practise committee to the board and the steps to be taken by the board on receipt of the report.Part 9relates to the sanctions which can be imposed by the board following a finding against a nurse or midwife. The confirmation of the High Court is required for all sanctions imposed except for an advice, admonishment or censure 39 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Mary Harney.] in writing or where remedial measures have been agreed. Provision is made for the right to appeal to the High Court. Part 10 provides for the roles of the board and the Health Service Executive with regard to nursing and midwifery education and training. The Health Service Executive will facilitate the education and training of nursing and midwifery students. The Health Service Executive will promote specialist nursing and midwifery education and training. It shall also undertake appropriate workforce planning in order to meet the needs of nursing and midwifery specialist staffing and training of the public health service. Part 11 places a duty on nurses and midwives to maintain their professional competence on an ongoing basis. The board can require a registered nurse or midwife to demonstrate their professional competence at any time and nurses and midwives are required to comply with any board direction relating to their professional competence. Part 12 provides for the dissolution of the National Council for the Professional Development of Nursing and Midwifery. The employees, rights, liabilities and property of the national council will transfer to the board. Employees’ conditions of service and pay will be no less beneficial than those which currently apply. Part 13 provides for a number of miscellaneous matters, including that a clinical supervising authority will perform the functions of clinical supervising authorities as specified by rules. It also provides for matters which are absolutely privileged in any action for defamation. Provision is made that the board may investigate unregistered persons suspected of practising nursing or midwifery or claiming to be registered in contravention of this legislation.The Scheduleoutlines the tenure of office of the board, proceedings relating to resignations or termination of membership and the filling of casual vacancies, the quorum required for meetings of the board, meetings, the role of the president and vice-president and the proceedings at meetings. In conclusion, this Bill will put the governance of nursing and midwifery on a modern and robust footing, with the public interest and patient safety at its centre. It contains many elements that form the vision for nursing and midwifery that has emerged over many years of reflection on the professions and their role in the Irish health service. It will ensure protection of the public and support nurses and midwives in enhancing the high standards of education, training and competence of these professions, which will result in public confidence in their practice. I urge a thorough and considered examination of its provisions, with a view to its early enactment. I commend the Bill to the House.

Deputy James Reilly: The primary objective of the legislation is the protection of the public. Key aspects of this relate to the fitness to practise committee, competency and a non-professional majority on the board. On this basis, Fine Gael wishes to raise a number of points. The Bill seeks to introduce what is regarded as a two-part fitness to practise structure, which would bring the Bill in line with the Medical Practitioners Act 2007. This structure provides for the establishment of a preliminary proceedings committee to give initial consideration to complaints and an internal fitness to practise committee to conduct inquiries. As pointed out in the Minister’s regulatory impact assessment, the Commission on Patient Safety and Quality Assurance was established by the Minister, Deputy Harney, to develop clear and practical recommendations to ensure that quality and safety of care for patients is paramount within the health care system. This is something on which all sides of the House agree. Its report, “Build- ing a Culture of Patient Safety”, was published in August 2008. On fitness to practice, Recommendation 6.18 of the report recommends that:

40 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

The Group will review current Fitness to Practise processes across the different professional regulatory bodies in order to develop plans to achieve greater separation between the investigation and adjudication functions performed by the professional regulatory bodies, and in order to devise means by which Fitness to Practise panels can be independently appointed and trained.

The Commission on Patient Safety and Quality Assurance advocates the separation of fitness to practise from the regulatory function. Under these proposals the board would be still responsible for the preliminary investigation and, if it is decided that there is a case to answer, the chief executive would present the facts of the case to a fitness to practise committee which would operate outside of the board. According to the Minister’s regulatory impact assessment, “There is a lot of merit in what is proposed by the Commission, however, the detail of how it would operate is not clear and it will be the work of the sub-group to examine and make proposals as to how this might be achieved.” Perhaps the Minister could comment on why she has not accepted the recommendation of her own Commission on Patient Safety and Quality Assurance and why this proposal has not been developed. Given the passage of the Nurses and Midwives Bill through the Houses of the Oireachtas, is this not an ample opportunity for the implementation steering group to made recommendations in this regard? In summing up, perhaps the Minister, Deputy Harney will comment on that for us. It would be timely. On the model of fitness to practise proposed in the Bill which is based on that model adopted in the Medical Council, it is our understanding that the Medical Council has sought amendments to the new legislation based on its experience through practice to date. Perhaps the Minister could confirm if this is the case and, if so, what amendment it has sought, as the Nurses and Midwives Bill will otherwise repeat the mistakes already made. I am sure the Minister would agree that we can use the experience of the Medical Council over the past three years to advise in some respects on the operation of this board. The current board consists of 29 members, 17 of whom are elected by nurses and 12 of whom are appointed by the Minister for Health and Children. The new board will have 23 members — which is six fewer — 15 of whom will be appointed by the Minister and eight of whom will be elected by the professionals. The eight members of the new board to which I refer are supposed to represent each discipline of nursing and midwifery: two nurses, one from general nursing and one from children’s nursing, of whom at least one is in clinical practise; two nurses, one from psychiatric nursing and one from intellectual disability nursing, of whom at least one is in clinical practise; one midwife and one public health nurse, of whom at least one is in clinical practise; one nurse/midwife engaged in education; and one older persons’ nurse. My party has met with the Irish Nurses and Midwives Organisation which has voiced serious concerns about the proposed structure of the board and the adequacy of the representation of nurses and midwives on the board. They claim that there is “no way” the work of midwives can be adequately represented or safeguarded with only one midwife on the board. The situation is the same for the other strands of nursing. The board, at 23, must be compared with a 25 member board for the Medical Council. These numbers beg questions. I accept that the Minister cannot have a board of 50 as it would be far too unwieldy. Nonetheless, the Minister has a 25 member board looking after 7,000 medical practitioners and she will have a 23 member board looking after perhaps 35,000 nurses — certainly more than 25,000 practising general nurses. The board seems a little light. The Allied Health Professional Council, which has a membership of 21, looks after 5,500 to 6,000 allied health professionals. 41 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy James Reilly.]

The proposed membership does not provide adequate recognition of the differing numbers within each area of nursing and midwifery, for example, there is one general nurse engaged in clinical practice who will represent more than 25,000 practising general nurses while one public health nurse will represent 1,700 public health nurses. Perhaps the Minister could comment on these points and whether they adequately reflect and represent the discipline. Without being confrontational about it, perhaps she could explain the logic behind it and how the decision was made to come up with these ratios. Section 25 of the Bill allows for the payment of allowances to members of the board or committees. Perhaps the Minister could clarify the numbers of people who will be eligible for such allowances and whether there is a cap on such costs? What will be the maximum amount each member can claim? Section 46 establishes what is referred to as a “candidate register”. According to the explana- tory memorandum, the candidate register will include the name and details of all candidates who are pursuing education and training leading to first-time registration with the board. It will consist of at least two divisions — the nurse candidate division and the midwife candidate division. Essentially, this means that undergraduates will have to register with the new board and pay a fee for the privilege. Will the Minister explain the reasoning for this new register and its purpose or benefit to the board other than, as many construe, it being a money-making exercise? Candidates are not independent professionals, but are supervised at all times. It is not clear why they must register and the additional cost to the individuals is a concern. Section 46 establishes what is referred to as an advanced nurse practitioner/advanced midwives practitioner, ANP/AMP, post register. This register will contain the names and details of advanced nurse practitioner posts and advanced midwife practitioner posts, and any other information required by rules. It will consist of at least two divisions — the advanced nurse practitioner posts division and the advanced midwife practitioner posts division. This register applies only where there is a post. If an advanced nurse practitioner wanted to move to Letterkenny, where there is no ANP post, he or she is not registered. Perhaps the Minister could explain the purpose of this register? Is it, as some suggest, to prevent people from developing services where the HSE and Minister do not want them, that is, subject to there being a post? If one is off the register for a number of years, can he or she get back on to it? No such stipulation exists for any other registered professional and his or her registration. This register will by default, perhaps not by design, prohibit the development of the profession. This is a serious concern, which, to give the Minister the benefit of the doubt, may be unintended. It certainly needs to be re-examined because it could have a very negative effect, and will not give the signal to the nursing profession that we are interested in promoting and encouraging advanced nurse practitioners. We all know that with the current manpower crisis across the health services, particularly in medical manpower, there is an increased role for advanced nurse practitioners and there are many areas where they could provide invaluable input. I hope the Minister will come back to us on that in her response or address it on Committee Stage. The membership of five proposed for the statutory midwifery committee is regarded by many as hopelessly inadequate. This will not ensure that the many areas of midwifery are represented, even through nomination, in the workings of the midwifery committee. The issue of the independence of the board is a significant concern to the profession, to those outside the profession and to Members on this side of the House. The current legislation as interpreted by the board does not allow the board to comment on the environment within which nurses practise. 42 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

Section 9 sets the functions of the board. This section does not include a provision whereby the board has some advisory role to service-providers on staff shortages, physical environment, poor quality or unsafe conditions. I know the Minister would agree it would be very important if a practising nurse regarded conditions to be a danger to patients, he or she would be duty bound to report this. There is very little room in the Bill for this to happen. The board should have some role in this area so that it could direct nursing staff where to express those concerns. We all know that industrial relations can be fraught and that legislation in these areas can be used to advantage by people from time to time. However, this would need to be accommodated because the safety of patients must be paramount. If professional staff express concerns about the conditions in which patients are being treated, it behoves us to ensure the public is aware of this and that the situation can be addressed. The days of trying to keep things in the dark and trying to muzzle professionals, so that we do not hear what we should hear and know about, is dangerous. Every action the board takes must be directed by the Minister, with the agreement of the Minister. The independence of the board will be severely undermined in this case considering the number of individual board members appointed by the Minister. The Minister now wants the right to nominate the president of the board. This does not happen on any other registration board of which I am aware, such as the medical and dental councils who elect their own presidents. This is an extraordinary development. The Minister will need to explain the thinking behind this proposal. It leaves the Minister wide open to the accusation of political interference, not something the Minister would wish to be accused of. Fine Gael will oppose this provision. While we have no objection to the ideology or the logic of having a lay majority on the board, this board is supposed to be independent and not open to be used for political purposes. When so much power is vested in and rests with the Minister, there has to be an extraordinary danger of this happening. The Minister may say that this is not her intention and I hope it would not be. However, if legislation to govern such an important professional body is to be enacted, we must ensure that this legislation will stand the test of time and will not be open to abuse by less democratic individuals than the Minister. This is a very serious flaw in the Bill. The chief executive officer of the new board will not be permitted to make any statements which differ, contradict or oppose ministerial and Government policy. This is an extraordinary situation. A political imperative can now supersede the safety of patients, if the council wishes to express a true and real concern through the chief executive officer. No such restriction applies to the chief executive officer of the medical council or the chief executive officers of the allied health professionals. They are not being mugged in the way the Bill clearly sets out that the board will be muzzled. The regulatory authority should be allowed to seek to meet the service-provider, to advise it of this and to ask if anything can be done. Such a provision included in section 9. I ask the Minister to comment on why the board does not have the authority to do this. Figures provided by An Bord Altranais show an overall rise in the cost of fitness to practise between 2002 and 2009 of 357%, from a cost of €0.34 million in 2002 to €1.214 million in 2009. The number of applications for a fitness to practise inquiry increased from 27 to 67 in the same years. In 2002, seven inquiries were held. This had increased to 19 inquiries commenced in 2009. Will the Minster provide information on the legal costs for this period of years? Infor- mation made available to Fine Gael indicates that An Bord Altranais ran a deficit last year and that legal costs increased by some 100% during this time. I ask the Minister to confirm if this is correct. If so, this would be a cause for concern. These escalating costs need to be addressed. There needs to be a strategy to deal with this situation. 43 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy James Reilly.]

The competency scheme is a most welcome development. The Bill as published provides for the introduction of a professional competency scheme for registered nurses and midwives. This is a very positive development which is welcomed on all sides and by the profession. However, there are some concerns about the set-up costs, which the board has estimated at €3 million, of a competency assurance scheme. It is estimated there will be a recurring annual cost of €1.5 million for the administration of the scheme. If the full cost were to be passed on to nurses and midwives, this would amount to €34 for the set-up cost and an ongoing annual charge of €17 per registered nurse-midwife, based on current numbers of registered nurses and midwives. The cost of the additional regulatory functions transferred from the National Council for the Professional Development of Nursing and Midwifery is estimated at €5.80 per registered nurse-midwife. In addition, there will be a further €1.90 increase for other costs. Therefore, the annual retention cost to a registered nurse or midwife is likely to increase by €25, from €85 to €110, with a once-off fee of €34 for the establishment of a competency scheme, if this is not funded by the Exchequer. If the fitness to practise cases increase, this may lead to an additional increase in fees. This is a concern. The board has stated that the introduction of a formalised system of competence assurance may lead to an initial increase in the level of cases being referred to fitness to practise inquiries. The board estimates €1 million for legal costs arising out of referrals to the fitness to practise committee The Bill allows for the Minister, with the consent of the Minister for Finance, to provide Exchequer funding to the board. This may arise in respect of the introduction of competence assurance and a contribution to related set-up costs. Will the Minister clarify how much will be paid for by the Exchequer and how much by the board? Given current economic circumstances, will the Minister agree it is unlikely these costs will be met by the Exchequer? Will she agree the costs will more likely be met by the profession through increased registration fees? The legislation dissolves the National Council for the Professional Development of Nursing and Midwifery. The board will be assigned additional functions which relate to the work undertaken by the national council. The staff, property, rights and liabilities of the national council will transfer to the board. The national council is fully funded by the Exchequer. Although no increase in funding is envisaged, the funding of the staff that will transfer to the board and the assumption of additional responsibilities may in the future be funded by the board via fees. The cost of staff transferring to the board is estimated at €500,000. Will the Minister clarify the arrangements? Any professional competency scheme proposed by the board must have the approval of both the Minister for Health and Children and the Minister for Finance. This stipulation does not exist for medical practitioners or allied health professionals. The cost of the introduction of such a scheme and its maintenance appears to be left with the board. Will it impose significant additional costs on the nursing profession? Such costs are not borne by the boards for medical practitioners or allied health professionals. Will the Minister be directing these boards to cover the costs of their competency schemes? The legislation provides for a significant role for the Health Service Executive, HSE, which is not replicated in other similar legislation. It suggests the HSE can very much influence and control the new board and its workings which suggests a restrictive form of independence for nurses and midwives. Any objective person would be concerned at any undue influence in this area by the HSE. It is a body that has had little public confidence since its inception. Nurses and midwives hoped for a role on the board that would allow them to provide advice and guidance to their employers to ensure best nursing and midwifery practices thus minimising 44 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed) misadventure and negative incidents. The legislation is silent on this whole area. An opportunity has been missed to allow for an orderly and structured communication from the work on the ground to the board. How much time do I have, Acting Chairman?

Acting Chairman (Deputy Charlie O’Connor): The Deputy has two minutes remaining. I really did not want to interrupt the Deputy.

Deputy James Reilly: The Acting Chairman is very kind.

Deputy Mary Harney: The Deputy now has only one minute remaining.

Deputy James Reilly: It would not be like a man from Tallaght to interrupt.

Deputy Mary Harney: Is Deputy Charlie O’Connor from Tallaght? That is news to me.

Acting Chairman (Deputy Charlie O’Connor): Funnily enough I am not from Tallaght. I am actually from around this part of the city.

Deputy James Reilly: That is an amazing exposé. Deputy Charlie O’Connor is not from Tallaght. The Bill contains positive elements while being deficient in other areas . It gives the Minister and her successors a great deal of power and control which could inhibit the workings of the board. These are markedly different from the powers left with the Medical Council. No explanation is given as to why this subtle but important difference in approach has been taken. This is a provision this side of the House will oppose strenuously. Any legislation which can give rise to political interference in a regulatory board is to be deplored and should not be allowed to spread to other boards or councils. Equally, there is much greater control being retained by the relevant Ministers with regard to the creation and maintenance by the new board of competency schemes, education programmes and rules which are not so restricted in other legislation. There lies the real problem with the Bill. There have been missed opportunities in allowing the nursing profession to respond to deficits and dangers in work practices. Equally, there is a strong sense of a heavy political hand in the running of the board. For the first time a Minister will have the right to appoint the president of the nursing board. These are dangerous developments.

Deputy Jan O’Sullivan: The Labour Party broadly welcomes the introduction of this legislation. It has been a long time coming, recommended by the Commission on Nursing in 1998. The Bill has also been welcomed by nurses, midwives and their representative bodies. The Labour Party, accordingly, does not intend to oppose the Bill on Second Stage. However, it will raise some concerns and table amendments on Committee Stage which it hopes the Mini- ster will consider seriously. All parties want to ensure a proper regulatory system for the nursing and midwifery professions which would be in line with the Medical Practitioners Acts and the Health and Social Care Professions Act. As Deputy James Reilly said, there are some subtle differences between this legislation and these Acts. There is a heavy handed control aspect of it which we will seek to address. I tabled a question to the Minister answered on 11 May in respect of amendments to the Medical Practitioners Act and I call on the Minister to reply in respect of this issue. I was given to understand the Irish Medical Council sought amendments to that Act. In her reply, the Minister stated two minor technical amendments would be included in legislation 45 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Jan O’Sullivan.] later this year. The Minister went on to note that the Medical Council held certain concerns. Will the Minister address this issue? Understandably, the representatives of nurses are keen that if changes are being made to the Medical Practitioners Act later this year, we should ensure the Nurses and Midwives Bill is in line with that Act. Will the Minister clarify the changes to be made? I refer to the issue raised by Deputy Reilly towards the end of his contribution, that is, the fact that there is no provision whereby nurses and midwives can advise health service providers, including the HSE, when they hold concerns about standards and the safety of patients in the workplace. Will the Minister consider empowering the board to provide for this on the basis of information coming from practising nurses and midwives? This is in the context of the current climate in which nurses and midwives are working with cutbacks and increasing number of patients for which individual nurses and midwives must care. Yesterday, I spoke on the telephone to a man who informed me he was in the accident and emergency department of Beaumont Hospital along with a large number of others. He had to wait 15 hours for treatment and only four nurses were available to look after all the patients going through the department during what was a very busy night in that hospital. That is simply one example, but we all know of nurses who are literally rushed off their feet. There has been a great increase in the amount of paperwork and forms they must fill out and complete as well. A good deal of bureaucracy is attached to the work of a nurse now. Many nurses have indicated to me that they are, fundamentally, a caring profession and would rather have time to listen to patients, to sit down beside them and to hear their concerns. However, it is proving more and more difficult for nurses to do so in the current climate. I raise the issue in the context of nurses being able to bring concerns to the attention of the providers of health services. In many cases, they are not listened to. I note the concerns in the context of the reconfiguration in my region whereby a small cohort of clinical leaders now make all the decisions. It appears other health professionals do not have a say, including general practitioners as well as nurses and public representatives who represent patients in the system. The general point is important in the context of this legislation, although I realise we are dealing specifically with the regulation and standards with regard to nursing and midwifery. That there has been no whistleblower legislation is another issue. I understand the Govern- ment’s approach is to introduce it in various bits and pieces of legislation. However, the Labour Party and I believe there should be overall whistleblower legislation, which would protect people in the service who raise certain issues. I have in mind nurses from Our Lady of Lourdes Hospital who were the first to raise concerns in respect of Dr. Michael Neary among other concerns with regard to that hospital. I refer also to the nurse who led and continued to lead the people who have concerns in respect of Mr. Michael Shine. Nurses are in a unique position to indicate where there are issue of concern that may directly affect the safety and well-being of patients. I believe strongly that relevant provisions should be in the Bill and I call on the Minister to consider this. I refer to several other matters I wish to raise. I note the Minister stated more than 200 individuals, organisations and representative groups made submissions. Many voices have been included and there is a good deal of interest in the area. I welcome that midwifery is being recognised as a separate profession. This was sought and, as the Minister stated in her contribution, a direct entry midwifery undergraduate programme commenced in September 2006. It is a separate and distinct profession, which has the potential to be developed a good deal. AIMS, the Association for Improvement in the Maternity Services, recently called for more midwifery-led obstetric and maternity opportunities, which many women want. They prefer their babies to be delivered by midwives rather than obstetricians. That issue must be addressed 46 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed) as well. In her response in respect of maternity services and specifically the report of the Dublin maternity hospitals, the Minister indicated she is disposed to the idea but this matter must be addressed as well. I refer to an issue raised by Deputy Reilly, that is, the fact that there is only provision for one midwife on the board, although there is provision for a separate midwifery committee. In the make-up of the board, there are nursing representatives from general, children’s, psychiatric, intellectual disability and public health nursing and one midwife. Considering that fitness to practise issues will arise and form a considerable part of the work of the board, the presence of only one midwife makes it a very onerous job for that person to be able to deal with all the issues that affect midwives and I call on the Minister to examine this provision. Midwifery is acknowledged in the Title of the Bill as a separate profession but there is only provision for one midwife on the board, while there are representatives of a variety of areas of nursing on the board. It appears to be rather imbalanced and I call on the Minister to address this imbalance. As Deputy Reilly noted, the Irish Nurses and Midwives Organisation has concerns about the membership of the board, its size and the fact that only eight members are elected while some 15 are appointed by the Minister. I realise this has happened with other legislation and that the Minister may reply that while she appoints the members of the board she has no role in choosing them because they represent various groups and organisations and so on. However, ultimately, it is the Minster who appoints these members and the president. It appears too politically ordered and everyone involved would prefer a greater sense of democracy and the presence of other voices in terms of the make-up of the board. I refer to other matters which the Minister raised in her contribution. Deputy Reilly remarked on the matter of registration, fees and costs. It appears there is little clarity about how the money to run the board will be raised and where it will come from. If it is meant to be largely funded from fees paid by nurses and midwives I would have concerns, especially with regard to student nurses because they are included in the register. There is a list which contains the names and details of all individuals who are pursuing education and training. However, I am referring to students. I am unsure what fees they will be expected to pay and I call on the Minister to clarify this because, basically, students do not have the money to pay large fees for anything. There is also a concern in respect of students and whether they will be held responsible under the fitness to practise areas. Typically, a student is under the supervision of a qualified person at all times and this is the definition of a student experience. It is unclear how much responsibility students have if they make mistakes. If someone hauls them before the fitness to practise committee, to what extent is a student held responsible if he or she is on the register? I also met with representatives of the Irish Nurses and Midwives Organisation who are concerned that people are to be added to the advanced practitioners register on the basis of post rather than qualifications. In other words, a nurse who does not have an advanced nurse practitioner’s post, even though he or she may have previously worked in such a post and has the relevant qualifications, will not be included on the register. I understand the same does not apply in regard to registers of other professions. In regard to the issue of fitness to practise, the Bill offers several ways in which complaints can be addressed. The preliminary proceedings committee will sift through complaints and decide which should be sent forward for investigation. This is a good proposal because it will mean, for example, that mediation can be proposed. We all like to avoid the confrontational approach if possible. I assume that part of the process will not be held in public. There is a recommendation that fitness to practise procedures be held in public but there is also provision for all or part of an inquiry to be conducted in private. It is important that complaints may be 47 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Jan O’Sullivan.] dealt with in private in certain circumstances. Public interest and patient safety are the primary concern, but where a person’s good name is at stake, it may be appropriate to hold hearings in private. Regarding education and training, it is important that the standards and so on are clearly set out. Unfortunately, many nurses currently in training are being trained for export because there are no jobs for them. Bright, well trained young nurses coming out of university have no option but to go abroad to work. It is striking that we are discussing education, post-registration training and so on, but the reality is there are no jobs. The proposal that premises where clinical training is provided should be inspected by the board is welcome. However, if a nurse is training in an overcrowded accident and emergency unit or an overcrowded ward, he or she will have legitimate concerns but those concerns are outside the control of the board. How may such concerns be addressed? I already raised the question of nurses and midwives being able to bring such issues to the attention of the Health Service Executive or the private health service provider. The area of patient advocacy is important. Patients are often more likely to relate their concerns to nurses than to anybody else they encounter in hospital. There must be some mechanism whereby those concerns can be conveyed to the people running the hospital. There are all types of informal complaints procedures but much of the time the patient simply wants to bring the issue to somebody’s attention so that it can be corrected for future patients. Patients do not necessarily wish to engage in an adversarial complaints system. A mechanism should be found to address many of these issues positively, and there is a role for the board in this regard. Regarding the dissolution of the National Council for the Professional Development of Nurs- ing and Midwifery, will the Minister clarify what additional staff will be needed and how this will operate in terms of funding. I understand the Minister for Finance is involved. Will staff from the Department of Health and Children be transferred? A recent newspaper article highlighted a report by the Department of Finance suggesting that some staff in the Department of Health and Children have nothing to do——

Deputy Mary Harney: I am trying to find them.

Deputy Jan O’Sullivan: ——while others are extremely overworked. Rather than putting the onus of extra costs on the nurses and midwives who are paying the fees, the Minister might review whether there are surplus staff within her Department. The Minister has successfully negotiated with the representatives of health service staff a level of flexibility that may not have existed previously. As such, there may be the possibility of transferring staff from her own Department. I broadly welcome the Bill but there are genuine concerns on issues such as the size of the boards and that so many of the board members, including the president, are nominated by the Minister. There is also the issue of the muzzling of chief executive officers, as referred to by Deputy Reilly. This is an issue the Labour Party has raised in the context of many 2o’clock of the Bills that have come before us recently. There is no reason that the chief executive officer should not be allowed to express genuine concerns. The retirement yesterday of Mr. John Lonergan as governor of Mountjoy Prison reminded us of his considerable achievements. He pointed out inadequacies in the prison system many times over the years and was a powerful advocate for prisoners. As a result of his advocacy, some, though not all, of the changes he proposed were implemented. The chief executive officer of the nurses and midwives board and others should be able to express genuine concerns without that 48 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed) necessarily being seen as an undermining of the Minister for Health and Children, the Health Service Executive or anybody else. People are entitled to express their views. The Bill increases to nine the definitions in respect of fitness to practise. Nurses’ representatives have expressed concerns to me about the vagueness of the reference to “inappropriate behaviour”. Could a nurse or midwife be hauled up for wearing a short skirt, for example? If fitness to practise hearings are held in public, a person brought up for “inappropriate behaviour”, even if not found guilty, will receive considerable publicity. There must be clarity in regard to this definition. There are issues regarding advanced nurse practitioners and student nurses, such as whether student nurses can be held responsible for mistakes and what fees they are expected to pay. Finally, there is the question of the Board’s power to bring issues of concern to the attention of the HSE and other health service providers. I have concerns in those areas. However, I welcome the fact that we are finally debating the legislation, and that it recognises the professions of nursing and midwivery. I hope the Minister will respond to the concerns expressed by Members of the Opposition when she replies to the debate.

Deputy Michael P. Kitt: I welcome the Bill. The nursing profession is, in general, very much in favour of it. Legislation that deals with nurses has been brought before the House before — I refer principally to the Nurses Act, 1985, which dealt with the operation of the Irish Nursing Board, An Bórd Altranais. It is only natural that we should move on in the best interests of the public, and in the interests of integrity and nursing practice, to update legislation. We can all see how quickly changes are taking place in the health service. Like the Minister, I do not believe that self-regulation is in the best interests of the public. The Bill states that we need to protect the public in its dealings with nurses and midwives, and to protect the integrity and practice of nursing and midwivery. Some nurses told me that they were talking about regulation, but were brought back down to earth when they saw that the first line of the Bill states that its purpose was to enhance the protection of the public in its dealings with nurses and midwives. There has been good work on the Bill, particularly regarding the recognition of midwivery as a separate and distinct profession. The section of the Bill that provides for the clinical supervision of midwives is important. It makes the point that there must be adequate indemnity insurance. The Minister said it is considered necessary for mothers and babies that all midwives have adequate indemnity insurance in the event of a negligence case that could result in substantial claims. We have to admit that there is a great deal of litigation in the health service these days. The Bill ensures that all midwives will require indemnity cover, and that those who are employed will be covered by their employer’s insurance. Self-employed midwives who sign up a memorandum of understanding with HSE will be covered by the State’s clinical indemnity scheme. I have often raised with nurses the question of the number of unions involved in the profession. I was fortunate to be a member of the Health Board in the 1990s. People have criticised the Health Board; I am biased because I was a board member, as other Members of the House have been. I was always impressed by the contribution of nurses at board meetings. There were representatives from the Psychiatric Nursing Association, SIPTU and the Irish Nurses and Mid- wives Organisation, formerly the INO — I am sure that is true of all health boards. They each 49 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Michael P. Kitt.] emphasised different aspects in their contributions; SIPTU and the INO were the two biggest unions at that time. We hear from experts in the field who say we should have just one union for nurses, one for teachers and one each for other professions. However, it is not as simple as that. The nursing unions have their own particular interests, and the needs of their members are different. That difference is acknowledged by the separate section in the Bill on midwivery as distinct from nurses in general. The Minister visited Ballinasloe recently, and she met many members of the unions to discuss the developments at Portiuncula Hospital.

Deputy Paul Connaughton: She will have to come back again.

An Ceann Comhairle: The Deputy will get his chance.

Deputy Michael P. Kitt: I am glad that when she was there — as Deputy Connaughton was too — she confirmed that the two consultant appointments to the region would be based on 27 hours in Ballinasloe and ten hours in Galway. That is welcome. I thank Mr. John Hennessy, who came to talk to us about developments at the hospital. Ballinasloe town has a psychiatric hospital, and many of the nurses there are members of unions such as PNA and SIPTU. They are keen to link the work they are doing with the general hospital in Ballinasloe. There have been moves in recent years to build a more definite link between psychiatric medicine and acute hospitals. We often discuss the need for flexibility in the nursing profession. Psychiatric nurses have shown they can achieve that flexibility. There were a huge number of patients in St. Brigid’s Hospital years ago, but there are now only a few. It is a tribute to the nursing profession that they have left their place of work to go out and work in the community, with house parents, in many of the houses that were rented by the old Health Board and are now rented by HSE in towns throughout County Galway. It is a huge change for those psychiatric nurses to go from hospital to community surroundings. Dental nursing is an area that has not received much attention. IMPACT has been involved in promoting the cause of dental nurses, who do excellent work and have to deal with anaes- thetics. The public health nurses are working on the ground, and we must pay tribute to them. They deal with the elderly in particular, and with others who live in isolated areas. If we are serious about keeping such people in their homes — as the Minister, and no doubt every Deputy in the House, wants to do — we need to recognise the importance of the people who work in public health. They provide a good and regular service to the elderly. Nurses are held in high regard, particularly the public health nurses, who have to cover very big areas in some cases. They were there in the bad times when there was very little money in the Health Board. There are difficult times now, economically and financially, and they are still doing great work. A lot of nurses now work in palliative care. Given the incidence of cancer — we have seen recent reports on the incidence of skin cancer, for example — there is a great need to develop services in that area. I remember, as I am sure Deputy Connaughton does, our battle to get funding for the Galway Hospice in Renmore, which went on for years. Those services have since been extended and developed in the community. There are nurses who visit people with cancer, and the hospice movement has strengthened. Those nurses are working in a difficult area, on which I commend them. 50 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

Deputy Jan O’Sullivan made a very interesting point about the training of nurses. She is right in suggesting many health professionals must leave the country after having been trained in order to find employment. This is not just true of nurses, but also of young doctors and other health professionals. Perhaps many young people feel they would gain experience working abroad. Many of them go to the more well-off countries but many others go to developing countries, particularly those in Africa, to do nursing. We should spare a thought for those who are returning to Ireland to pursue nursing. Some have great difficulty not so much in finding jobs, but in trying to get their documentation together when they return. They are obviously put through a very thorough examination by An Bord Altranais, which is only right. However, even with modern technology, nurses find it hard to obtain documentation and references from the foreign hospitals in which they worked. They should ensure they have their work history and all their documents and references when they return to work in Ireland. I am a little surprised that education and training are in Part 10 of the Bill because they are very important. There has been a considerable debate on the training of nurses. When a degree course became compulsory for nursing there were many objections because it was felt it would take longer to educate and train nurses. People felt nurses needed to be trained more quickly. The same argument was made in regard to teachers. The year after the teacher training course was extended from two years to three years, no teachers emerged from the teacher training colleges. It is very important that nurses have a degree and extra training. One must remember that many young nurses wish to work outside the country and they need a degree to do so in European countries and internationally. It is only right that they have a degree. It is now accepted, despite the debates we had in the past, that nurses should have degrees and diplomas. Let me refer to the membership of the board. The board, comprising 23 members, is quite big and represents nurses and midwives. Also represented are the educational bodies and stakeholders. As many Deputies suggested, there have been some questions asked about the representation of midwives on the board. Perhaps the Minister will re-examine this issue. The board will have the power to create committees to fulfil some of its functions. There is a reference to the preliminary proceedings committee, the fitness to practice committee, the midwives committee, the education and training committee and the health committee. I welcome the fact that the board is large and very representative. I also welcome the provision for sub-committees. This is not unusual as it occurred under the health board and in respect of An Bord Altranais. I welcome the Bill, which has been very much welcomed by the nursing profession. There has been strong emphasis on midwifery, which is welcome, but we should not forget other types of nursing. Traditionally, we considered nursing a female professional but that is far from the case today. It is very welcome that so many young men are now entering the profession. I hope the Bill has a speedy passage through the House and that it will address the issues that arise regarding the registration of nurses and maintain the integrity of nursing and midwifery.

Deputy Paul Connaughton: I welcome the Bill. If I were a midwife or nurse, which I am not, I would welcome it also. It puts midwives and nurses on a more professional footing. Deputy Michael Kitt mentioned the time it became obligatory for nurses to have a degree. I always supported that move. There was a great debate about it at the time not so much about the fact that there would not be as many nurses available in a given year, but about whether the bedside manner of a nurse would be more positive or negative on foot of her having a degree. This has nothing at all to do with bedside manner. The Bill puts the professions of nurse and midwife 51 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Paul Connaughton.] on a standing comparable to all the other professions. This point has been proven since the degree became obligatory. I have not had an opportunity for many years to state how much I admire what nurses and midwives do. At the risk of turning back the wheel a little, it is no harm to remember that one of the remarkable features of Irish life, both urban and rural, was the presence of the midwife. The midwife represented one of the greatest connections between whatever health service existed and the birth of babies at home in very difficult circumstances. The Minister of State, Deputy Áine Brady, will certainly have heard of the late Nurse Kilcommons of Mountbellew, who delivered more babies than any maternity wing in any hospital. We all owe a great debt of gratitude to such people. They were very poorly paid and worked in atrocious conditions but saved a lot of lives. This is one reason there is a great degree of affection for all nurses and midwives. It is an interpersonal phenomenon for most people. The sophistication of modern maternity hospitals is something to behold. I acknowledge mistakes are made, and that we all make them, but statistics prove the life expectancy of babies has improved dramatically in recent years. While I do not want to make personal remarks on this matter, this was brought home to a member of my family last year. I happen to have a one year old granddaughter who is able to walk around although she started life not much more than a pound in weight. In the past, neither she nor her mother would have been likely to live. This is the only opportunity I will get in the House to state that the professionalism of the staff in the Coombe hospital and the hospital in Ballinasloe has caused great happiness in a particular house. I can well imagine the reasons for this Bill. I wish to speak about some incidental aspects of it, as well as its major features. As it is a good Bill that appears to be accepted by all the stakeholders, one wonders why it should be spoiled to some degree by the insistence that the president of the council be nominated by the Minister. There will be 23 members on the board, 15 of whom will be appointed by the Minister and eight of whom will be elected by the professionals. I see nothing wrong with that. The idea is that the eight professional members of the new board are supposed to represent each discipline. I have spent a lifetime dealing with all sorts of boards. One can make all sorts of arguments about who is most entitled to be on a board. It seems at first glance that it could be argued that the midwives are not getting a great deal on this. Leaving all that aside, why is it necessary for the Minister to appoint the president of the council? I do not know the reason for that. It appears to me that this kind of thing should be autonomous. I do not know whether it will work out in that exact way. That is the perception around the country. I want to refer to a number of other issues. It is natural that there is no place in this Bill for much of the day-to-day work of nurses or midwives. I do not hear or see anything in the Bill about a system to facilitate whistleblowers. When nurses, midwives and others in the health care profession see something going wrong, they may genuinely believe in their heart of hearts that something has to be done about it. I know efforts are being made to protect whistleblowers and thereby make whistleblowing more attractive. The Acting Chairman, Deputy O’Connor, knows as well as I do that the whole lot of it is a dangerous business. It is important to build mechanisms into every system — inside or outside nursing — so that action can be taken when a member of staff sees something going wrong. If something happens that is highly injurious to patients or the public, a mechanism must be available to allow the whistle to be blown without it rebounding on the whistleblower. It is a very lonely place to be. I have met a few highly principled people who believed they were doing right, but came out worse from the row. They might not have lost their jobs, but they were demoted and treated as pariahs in the workplace. The cases in question had nothing to do with nursing. It is against that background 52 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed) that one would hope that a whistleblowing mechanism can be worked into this Bill, or some other Bill. Nurses and midwives have a huge degree of interaction with patients. I agree entirely with Deputy O’Sullivan’s suggestion that most patients — I refer specifically to male patients — are more likely to reveal their innermost secrets to a nurse than to anyone else. I imagine that it is easier to talk to most nurses than to consultants. A consultant who is in a hurry in the morning might be good for one’s health, but he might not be great for one’s ego. We owe a great debt of gratitude to nurses and midwives of every discipline in our hospitals and elsewhere. I am familiar with the remarkable input of nursing staff and others in old people’s homes, which is a major area at the moment. Such work calls for great compassion, expertise and professionalism. I am glad to see a great deal of that, for the most part, in nursing homes throughout the country. It is another feather in the cap of the nursing profession. I am sure the new board will spend some time looking at the whole question of flexibility. This is one of the prime reasons this legislation will be seen in years to come as the bedrock or foundation of the nursing and midwifery profession. It will demonstrate that nobody, least of all those who work in this area, is an island. In the health sector, regardless of who one is or what one does, one depends on many other disciplines. There has traditionally been a fair amount of demarcation of what people should and should not do. I suggest that a more integrated approach is needed. Deputy Michael Kitt spoke earlier about psychiatric nurses. They have surely shown a great ability to go with the flow. Many years ago, one would not see a psychiatric nurse outside the big walls of the mental institutions. Their work was not done anywhere else. They are now distributed throughout the country, including rural areas. I appreciate that this has nothing to do with the Bill before the House. I have to say the psychiatric nurses have covered themselves in glory in this regard. I refer to how well they have dovetailed with the social changes in this area. We now know that people with mental handicaps should never have been inside the big walls of the mental institutions at all. The Minister of State, Deputy Áine Brady, is familiar with my home village of Mountbellew. In this small village, there are four or five houses with five or six residents under the guidance of house parents. Every time I go there, I see the residents out and about. I have to say they are extremely well dressed and presented. They walk around the town and do their little bits of shopping. It must be heaven on earth, compared to the big institutions from which they came. I appreciate that they were looked after as well as possible in those times. It is a different thing altogether now. One of the great pluses for society is that such developments have been welcomed by local communities with open arms. There was a time years ago when that would not have been the case. Local people were afraid that people with mental handicap might present some form of danger, but that has turned out to be absolutely false. The authorities that drove this change over the years were entirely right. It must be wonderful for the people in question to live as ordinary members of ordinary communities. Regardless of how bad the economy goes, I hope we will not have to stop this line of business. I hope the Minister of State agrees that this should not happen. How many minutes have I left, a Cheann Comhairle?

An Ceann Comhairle: I will ask the Deputy to adjourn the debate when Question Time begins in just over a minute, at 2.30 p.m.

Deputy Pat Breen: Question Time is not beginning until 3.30 p.m.

An Ceann Comhairle: I apologise. I am in the wrong. Deputy Connaughton may continue. 53 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

Deputy Paul Connaughton: It must be that row this morning, a Cheann Comhairle.

Deputy Pat Breen: Blame Jan.

Deputy Jan O’Sullivan: And Bernard.

Deputy Paul Connaughton: Another aspect of the Bill is the proposal to introduce a two- part fitness to practise structure which would bring the eventual Nurses and Midwives Act into line with the Medical Practitioners Act 2007. To be brought to the same level is a fundamental matter for all nurses. When the 2007 Act was being considered by the Oireachtas, many nurses asked me why legislation governing them was not proposed at the same time. I assume at the time it was believed this would follow quicker than it did. This structure provides for the establishment of a preliminary proceedings committee to give initial consideration to complaints and an internal fitness to practise committee to conduct inquiries. Like most things in life, it is important to strike a balance. As is the case with TDs, civil servants, gardaí or any other group in the world, there is always a bad apple in the barrel and we all have to accept that. We are all human beings and that is the way we are. It is important, however, that a reasonable procedure be implemented. On the one hand, patients must have the absolute right to be properly, humanely, compassionately and professionally treated but, on the other, even if our Lord himself was present, it would be hard to please the odd patient. As Deputy O’Sullivan said, it would be bad policy if it transpired that a foolish, frivolous complaint with no standing whatsoever was made public and a medical professional dragged through the mire. I fully appreciate that such complaints stick, regardless of whether they are unfounded. However, if my understanding is correct, under the legislation an informal inquiry will take place first to sift through the detail of the complaint and, depending on its relevance, it can then proceed to the next level. I like this process and the Garda has a similar process. It will mean that frivolous complaints made to create trouble for everyone can be identified before they go too far. I have stated repeatedly at meetings of the Oireachtas Joint Committee on Health and Chil- dren, of which I am a member, that the role of HIQA, the supervisory agency for nursing homes, is important. Its role under this legislation to ensure patients are properly looked after will be as important. Patients, irrespective of what stage in life they are at, be they young, giving birth to a baby or lying on the broad of their backs in their 90s in a nursing home, should expect to be cared for with dignity and decency and to be given a professional service, for which they pay directly or indirectly. It is against that background that I assume the Bill will fit that model, which I hope will be balanced. If there is wrong on any side, I also hope it will be rooted out. At the end of the day, we are blessed in this country with the application and dedication of our nurses and midwives. I have seldom met a nurse or midwife who did not want to do the right thing, no matter what the circumstances were. Most of them will agree with that and, against that background, the legislation will enhance their role in society. They have nothing to fear. I understand there has been a great deal of briefing of, and discussion with, the various stakeholders and, with the exception of the few sections that I do not particularly like, I wish the legislation well.

Deputy Peter Kelly: I wish to share time with Deputy Aylward. The Bill will result in the formation of a new nursing and midwifery board. The legislation recognises the role of nurses and midwives in the health care system and one of its important functions is to recognise the role of midwives and to classify them as a separate and distinct profession. It is only right that midwives be recognised in such a way. Their role in caring for 54 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed) women before, during and after child birth is distinct from other medical professionals. My own regional hospital in Mullingar is a fine institution in which there were more than 3,000 births last year. The midwives, nurses and doctors provide an excellent service in Mullingar and I pay tribute to them and to their dedication. I am encouraged that the Irish Nurses and Midwives Organisation has warmly welcomed the publication of this Bill. The Bill incorporates recommendations on nursing made by the organisation to the commission and its officials feel it reflects the changing environment in which nurses and midwives practise. The organisation will examine the legislation and we will all welcome its feedback. The most important element of this Bill is that it not only regulates and protects nurses and midwives but also expectant mothers and families. It will provide a new regulatory framework, through the nursing and midwifery board, which can give everyone confidence in the system and the service that is provided and received. Nurses and midwives will have full confidence that their expertise, qualifications and experience are recognised. The legislation prioritises confidence in the profession. It will give the public protection and serve to increase the integrity of the profession, which it rightly deserves. The new board will register nurses and midwives, regulate nursing and midwifery education, recognise qualifications, set standards of practice, give ethical guidance, maintain professional competence and handle complaints. I am pleased membership of the board will include many nurses and mid-wives. Of its 23 members, 11 will be nurses or midwives with eight being elected. I am also happy there will be a broad representation of competencies with nurses drawn from the disciplines of psychiatry, intellectual disability, public health and geriatric care. I am hopeful nurses and midwives will be confident that their views and concerns will be adequately represented on the board, which will regulate the profession. The goal of the board is “protection of the public in its dealings with nurses and midwives and the integrity of the practice of nursing and midwifery through the promotion of high standards of professional education, training and practice and professional conduct among nurses and midwives”. It is essential that midwives have the appropriate qualifications and competencies to practise and the new board will provide the guarantees that everyone involved in the profession needs. It does not serve midwifery as a profession well if people who are unregulated or unqualified set themselves up as midwives. It is a recipe for disaster, not only for the pregnant woman, but also for the profession as a whole, which could be damaged by unregulated, unqualified people not performing as a midwife should. I am happy that the Bill allows for strict penalties for those who practice unregistered. I am confident large fines and the threat of imprisonment will prove to be an adequate deterrent. The Bill will allow for the establishment of three registers. The nurses and midwives register will include the names and qualifications of registered nurses and midwives and will include divisions on nurses, midwives, advanced nurse practitioners and advanced midwife practitioners. A candidate register will include the names and details of all candidates who are in education and training that will lead to first-time registration with the nursing and midwifery board. The third register will be the advanced midwife practitioner-advanced nurse practitioner register. The Bill will allow for the setting up of other registers if needed by the board. I welcome this flexibility. Those registers will ensure that both health professionals and the public have guarantees of transparency on the nursing and midwifery professions and everyone can be assured of the relevant qualifications and experience. The registers will be published but personal information will be protected from disclosure. Extra protection will be provided for expectant mothers and their families. The prohibition on unregistered nurses and midwives practising will be complemented by an improved investi- 55 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Peter Kelly.] gation mechanism for complaints. A preliminary proceeding committee will be established as part of the Nursing and Midwifery Board of Ireland to give initial consideration to complaints against nurses and midwives. At least one third of the committee will not be nurses or midwives. Grounds for complaint will include professional misconduct, poor professional performance, inappropriate behaviour or the failure to comply with an undertaking or to take any action specified in a consent given in a response to a request. The board can appoint persons including members of staff to assist with investigations undertaken by the preliminary proceeding committee. It can also suspend the registration of a nurse or midwife where it is considered necessary to protect the public. The Bill ensures that all parties involved in a complaint will be kept fully informed of the progress of any complaints. The board can impose measures against the nurse or midwife including advice or admonishment, a fine, conditions to registration, suspension or cancellation of registration or the prohibition on applying for the restoration of registration for a specified time. All of these measures can serve to increase public confidence in nursing and midwifery. No one likes to consider the worst happening at such a joyful time as the birth of a child, but having a transparent method of dealing with complaints can only improve public confidence in the profession. I also welcome the fact that all parties will be kept informed during the process. That is important as any cause for complaint would be a source of considerable stress and distress not only for the patient, but also for the practitioner. The Bill also ensures that midwives will have adequate indemnity insurance as it is considered vital that mothers and children are protected in the event of a negligence case. Those midwives who are employed will be able to avail of their employers insurance but those who are self- employed will have to sign up to the State’s clinical indemnity scheme. It is important that the role of midwives is recognised and that they are supported in their work. Part of that support is education and training and I am pleased that the Bill has a strong focus on this area. As per the Bill, the HSE will facilitate, in so far as it is possible, the education and training of midwifery candidates. The HSE will also promote and co-ordinate the development in co-operation with the new board of nursing and midwifery training bodies. The HSE will also undertake planning to meet the needs of nursing and midwifery for the public health service and will advise the Minister for Health and Children on the need to develop specialist nursing and midwifery education and training. That is vital if practising professionals are to keep up to date with the latest research and international practice. I am hopeful that nurses and midwives will look at this Bill and consider the implications. I am confident that it will serve to improve the profession giving protections to both the practising professionals and their clients. Childbirth is a wonderful time for any family and nurses and midwives play a huge role. It is only right that their role and professionalism should be clearly recognised and that they should be supported in their work. The formation of the Nursing and Midwifery Board of Ireland is an excellent development and I am confident that it will be a great success.

Deputy Bobby Aylward: I thank my colleague, Deputy Kelly, for sharing time. I am pleased to have the opportunity to speak in support of and to praise the Bill before us today on Second Stage. At the outset, I extend my congratulations to the Minister, Deputy Mary Harney, for bringing the Bill to fruition and for producing a pragmatic and comprehensive piece of draft legislation. The Bill has been in gestation for some time and I welcome it without hesitation. I am also conscious that the Bill was not formulated until the Minister and her Department had engaged in an extensive public consultation process since 2007, not least with the various interested 56 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed) parties and the obvious stakeholders who will be affected by its provisions. I understand the response and the input made to that particular exercise was considered, thorough and enlight- ened. Now that this essential and valuable process has been completed and the various concerns and proposals have been heard clearly by the Minister, we have before us a Bill which reflects the views and the aspirations of the public and the noble professions of both nursing and midwifery. The existing legislation which governs these professions at present is barely adequate and is clearly well and truly out of date. It is 25 years old and, in many respects, it has become archaic and outdated. It no longer meets the exacting requirements of the modern and dynamic professions it addresses, both of which have evolved radically since 1985. I welcome the Bill as timely and one that addresses the needs of the public and the two professions in question. First, I salute the nursing profession and the profession of midwifery and all those individuals who work so hard and tirelessly for all of us. Many of us would not be here today, literally, were it not for the care and skill nurses and midwives profess. Irish nurses and midwives are recognised the world over for their finely-honed skills and unique dedication as expert care- givers. Any of us who have had the privilege of being treated by nurses know that they truly excel in their professionalism, sincerity and kindness. We are most fortunate to have such a fine, genuine and committed workforce which is generous with its compassion and its humanity. I thank all the nurses and midwives who work so selflessly and tirelessly everywhere around the country. They are a magnificent group. At the end of 2009, there were more than 89,500 nurses and midwives registered with An Bord Altranais. A total of 43,264 of those individuals were working in the public health service and approximately 9,000 nurses and midwives were employed in the private sector. Like any other profession on whose services the public relies, nursing and midwifery needs to be properly regulated in a robust and transparent manner. The halcyon days of self-regulation are over. We have entered a new and welcome era where the public demands a framework of regulation that ensures the safety, quality and efficacy of the service being delivered stands up to rigorous, ongoing scrutiny and the highest possible standards. The central feature of the Bill is the protection of the public interest. That imperative is clearly enshrined in the Bill. Every aspect of the Bill is predicated on the public interest and the provision of a top-quality health service to each and every individual. Public confidence in, and respect for, the professions of nursing and midwifery are paramount. The quality and efficient delivery of an effective health service is probably one of the single most important objectives which the Government can achieve. I am pleased to say the Bill represents yet another significant milestone in achieving that aim. The health service is critical to all our needs and the calibre of all those involved in the delivery of that service is second to none. However, the technical nature of the professions engaged in that service is complex, sophisticated and is one which is changing and developing constantly. Advances in medical, surgical and obstetric practice are immense and it is necessary to ensure that all staff who work in the health service are well versed and well trained in the execution of the service. Optimum performance and optimum results are what the service is about and that is, rightly, what the public, as the customer, expects. The health service is perhaps the only service with which everyone has interface at some time in their lives. At such a time, people are brittle and vulnerable. We must recognise that patient care and safety are the fundamental elements in the health service and anything we do in terms of regulation and internal governance must acknowledge that fact and seek to promote and uphold those basic principles. That is why we must guarantee that the professions with which they relate are regulated properly, that the necessary qualifications are in place, that 57 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Bobby Aylward.] clinical and technical training is provided on a regular, ongoing basis, and that there is a fair, adequate and transparent complaints procedure is available if the need arises. That is what inspires public confidence in this vital system. It is important to have secure safeguards, for the protection of the patient, the nurse and the midwife. All other professions within the medical arena are now very well-regulated and there is no reason why nurses and midwives should not be subject to similar-safeguards and strictures. This Bill is consistent with the stringent regulatory regime which we have adopted for other-professionals in the health sector including the medical practitioners, the health and social care professionals and the pharmacists and I believe: it creates a welcome level of uniformity in the regulation of all healthcare professionals. For the first time a separate distinction is made between the nursing profession and that of the midwife. This is a welcome departure and recognises that the training and the discipline of midwifery are specific and quite different in many practical aspects to that of nursing. I believe that the Nurses and Midwives Bill will greatly improve the existing situation and enhance the statutory framework within which these professions are governed and regulated. We have seen very substantial progress in nursing and midwife practice since 1985 and there has been an enormous leap forward in the area of training and development. Of course, there is ever- increasing emphasis on the issue of accountability and the rights of the patient. There is a clear need for nurses and midwives to keep abreast of all the new developments and naturally, patients must be kept fully informed. As we are all aware the expectations of the public have increased very significantly in the past 25 years, and rightly so. Both the Government and the various stakeholders were acutely aware that the time had come to modernise the framework of regulation in which nurses and midwives operate. We have to structure and adapt our framework to ensure it is fit for purpose, contemporary and that it properly accommodates those essential features such as the safety of the patient, the absolute assurance of standards, sound governance, accountability, openness, and of course, justice and fairness when it comes to matters of complaint and procedures for discipline. An appropriate balance has to be struck between self-regulation and public accountability which will reflect the changes in attitude over that past 25 years and I believe that this Bill takes into account those changes and it adjusts the legislative framework accordingly. The Bill will undoubtedly enhance the protection of the public in all its interactions with nurses and midwives. The creation of a competency assurance scheme emphasises the clear and definite focus of this legislation. This will ensure that the integrity of those in professional practice is maintained, high standards of professional conduct are observed and that all nurses and midwives have the relevant qualifications and are competent to carry out their work in a safe and effective manner — and that they can demonstrate that profession competence. The Bill will ensure that the necessary education and professional training and development facilities are provided, and that nurses and midwives will be able to avail of additional training and up-skilling throughout the course of their careers in the health service by providing suitable education opportunities in the workplace. I welcome the establishment of the new nursing and midwifery board, which will have as its core and overriding objective the protection of the public interest at all times. I also welcome the fact that the representation on the board will include a majority, not from the nursing and midwifery professions, but from other areas within the health service, from education and from the public. A similar composition will apply to the fitness to practise committee and the new preliminary proceedings committee. I am pleased to note that the Bill will introduce a new, streamlined and more flexible fitness to practise procedure that will include a measure to screen complaints and which can refer complaints to the fitness to practise committee or to other procedures if the complaints are not appropriate for the board’s fitness to practise procedures. 58 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

The fitness to practise committee will certainly have teeth: it will have similar powers to those of a High Court judge and, for example, it may compel witnesses to attend and be examined under oath,and the production of documents. I note that in future, fitness to practise enquiries will be held in public unless, on application, the particular circumstances of individual cases dictate that they be held in private. At present, all these hearings are held in private behind closed doors so they are lacking in transparency and do not lend themselves to the same degree of confidence that a public inquiry does. I believe that this departure will be positive and will be embraced both by the public and by those who may find themselves involved in such proceedings. I gather the Bill has been broadly welcomed by the nurses and the midwives alike. In view of increased public awareness and consciousness in all matters to do with health and the overarching need to ensure that the highest possible standard of service is delivered and maintained, I am confident that it will achieve its stated aims. It will serve to augment widespread confidence and respect among all its many stakeholders and it will create an appropriate and enlight- ened response to the challenging needs of our times I am happy to support this Bill without any reservation.

Deputy Pat Breen: At the outset, I should like to acknowledge the presence in the Visitors Gallery of a group of students from LIT in Limerick, led by their teacher, Ms Martina Neylon. They are all very welcome. I welcome the opportunity to contribute to the debate this afternoon because for far too long nurses and midwives have been playing second fiddle to other health care professionals. At the end of last year, as Deputy Aylward has said, there were 89,545 registered with An Bord Altranais and it is a profession that was predominately embraced by women. In fact 82,545 of the nurses registered in the country last year were female, and women outnumbered men who chose to study nursing by a ratio of 10:1. Be the end of last year there more than 7,000 registered male nurses in the country. That is one for the Minister of State, and she might acknowledge that we are getting there. Nurses from all over the world are among the pillars of our society, as previous speakers have indicated. It is only right that their profession should receive the recognition it deserves. Dag Hammarskjo¨ ld once said, “Constant attention by a good nurse may be just as important as a major operation by a surgeon”. How true it is. Anyone who has had to spend any length of time in a hospital appreciates the work of a nurse. It is a caring profession and many nurses are drawn to it because they want to make a real difference and want to care and help people. The role of a nurse in our society for long periods was very much under valued; possibly because it was a profession which was significantly dominated by women. It is now finally being recognised as a profession and I welcome that. Nurses in our hospitals are working under very difficult circumstances; budgetary constraints and the policy of reconfiguration without having the additional resources in place when services are being transferred, which has caused real problems. Take the mid-west region for example and my constituency of Clare. When the Minister and the HSE made the decision to transfer services from Ennis General Hospital in favour of the Mid West Regional Hospital in Limerick, it is the patients and the nurses who have to endure the pain, because the cart was put before the horse. The additional resources were not put in place in Limerick to cope with the influx of additional patients from both Nenagh and Limerick. The situation at the emergency department in Limerick can best be described as chaotic at times and this overcrowding led to an industrial dispute at the Hospital late last year nurses were forced on to the streets to highlight the situation. 59 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Pat Breen.]

I have received numerous complaints about the situation in Limerick from Clare patients. One family was very upset during the year when their mother who has a heart complaint was left sitting on a trolley for over 24 hours before she got a bed. Is it any wonder then that nurses who have to work in these conditions feel undervalued? It is the same story at Ennis General Hospital where the restrictions on budgets, the transfer of services; the embargo on recruitment has left nurses enormously concerned for their future. Morale is low as nurses are very much undervalued in a system which is geared more towards saving euro, when it should be geared to providing and developing the services it provides to its patients. There are major opportunities for nurses to develop at Ennis General Hospital if the infrastructure and services are delivered to the hospital. Ennis hospital was led to believe that it would be the right arm of Limerick Regional Hospital when reconfiguration came in, but sadly it is being left behind. Nurses at Ennis General Hospital in fact have been shortchanged by the promises made by the HSE and the Minister when the reconfiguration was mooted. The CT scanner at the hospital was no sooner in operation that the plug was pulled. I understand that a permanent radiologist has been appointment, but this position could again be under threat, since the consultant might be based at Limerick instead of Ennis. I ask the HSE to clarify that situation. The fact that the Hospital is only providing a limited CT service, does not encourage GPs to send on their patients to Ennis and as a result private patients are attending elsewhere to have their scans done. As a result, private patients are going to other hospitals where the scans can be done. If nurses are to have confidence that they can develop their careers in hospitals such as Ennis, it is essential that services are developed in this hospital, where there is a clear demand for them, and that funding be made available for and invested in developing those services. The endoscopy unit at the hospital is not yet in place, and there are no dedicated geriatric beds, although these were promised. Funding is also required to ensure the surgical department has adequate facilities available to encourage greater utilisation by consultants. Ennis General Hospital is well capable of delivering a top-class service with high patient safety focus. However, proper investment is required if reconfiguration is to be achieved in a timely fashion. Clare people feel that when it comes to health services, they are at the bottom of the pile. When the mammography unit at Ennis General Hospital was decommissioned in 2007, Clare patients were promised they would be accommodated at the centre of excellence which was being set up in Limerick. In March 2008, Limerick Regional Hospital advised 3o’clock that it was only accepting symptomatic cases. In April 2009, the National Cancer Screening Service took the unusual step of issuing a press release indicating that the roll-out of the service to Clare would face further delays because of the Government’s ban on recruitment. The Government assured us this was not the case and that the roll-out would go ahead as scheduled in June. This week, however, further controversy erupted in an Adjournment debate taken by the Minister of State, Deputy Áine Brady, earlier this week. In reply to a Clare Deputy, the Mini- ster of State claimed that when BreastCheck was seeking an appropriate site for a mobile unit, Clare County Council had delayed the project. The county council denies this. Perhaps the Minister will clarify this at some stage in her contribution, as it is an important issue for the women of Clare. We do not want to hear one authority or body blaming another. Who was delaying the project? The service will be up and running by next October, but a war of words is not in the best interests of the women of Clare, who are still waiting for this essential service. The roll-out must go ahead as scheduled without any further delays. 60 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

This country, like many others, has moved away from hospital-based schools or colleges of nursing to courses based in third level institutions. Ireland is probably unique in that all nursing courses are at degree level and professional registration is only available through a degree- level qualification. The fact that nursing programmes are now based in our third level colleges has helped engender a greater respect for those entering nursing as a career. Sadly, however, like many other young people, qualified nurses are leaving the country in droves. Fresh from graduation, Irish nurses are being swept off their feet with offers of employment in the UK. While researching my contribution this afternoon I found that every one of the new recruits at the Royal Berkshire Hospital last December was Irish and that the management of UK hospitals are delighted with the influx of Irish graduates. They say that Irish nurses are well trained and flexible; they speak English, naturally; and they are highly educated university graduates. In addition, Whipps Cross hospital in East London recruited 132 nurses from Ireland last year. These statistics speak volumes. According to the INO, none of the 1,600 nurses who qualified in this country last year was offered a post in the Irish health system, and some 1,900 nursing and midwifery posts have already been lost as a result of the moratorium on staffing. Nurses have been leaving the country for many generations by choice, but now they are leaving because there are no jobs for them here. In 1945 and 1946, more than 7,000 Irish women applied to train as nurses in the UK, and by 1971, one in eight nurses working for the NHS was Irish. It appears we are heading backwards and educating another generation of nurses for emigration. That is a great pity, given the focus on the nursing profession in Ireland. This drive across the Irish Sea is not helped by the embargo on public service recruitment in this country. We must consider seriously what is happening in our health services. If good health care professionals who are highly qualified continue to be driven out of this country, what kind of health service will we be left with? The Nurses and Midwives Bill 2010 promises that programmes of education and further education will be provided to nurses for the purpose of registration. In its submission to the Minister for Health and Children on the proposed heads of the Bill, the Irish Association of Directors of Nursing and Midwifery warned that “funding must be provided and ring-fenced for continuing professional development”. It also warned that “Resources, time, finance and opportunity [for] education and training must be protected by the Act.” While welcoming the fact that legislation is being introduced which will underpin the role of nurses and midwives, it warned that the necessary infrastructure for nurse and midwife undergraduate and postgradu- ate education which is in place must be maintained. The report from the Commission on Nursing published in 1998 also warned that there is a need for a long-term financial commitment for staff development programmes. However, given the fact that most nurses are now under major pressure as a result of the recruitment ban, when will nurses be able to attend these development courses, and will they be penalised if they are unable to attend because of the pressure of their work? This is something that must be considered. Will the majority of development courses involve on-the-job training? This is an important point which needs to be clarified by the Minister. With regard to the registration system which will now apply, I understand it will be funded by fees collected from registered nurses and midwives. Currently, nurses pay an initial fee of €145 when they first register and an annual retention fee of €85. It is estimated that it will cost €3 million euros to set up this new board. The transfer of certain regulatory functions from the National Council for the Professional Development of Nursing and Midwifery will result in a €25 increase in the annual retention fee, and a once-off fee of €34 will also need to be paid for the establishment of a competency scheme. Some argue that the registration fee is lower than 61 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Pat Breen.] the fee charged by the Medical Council, which is €490; however, the high fee charged by the Medical Council is accounted for by the fact that there are far fewer medical practitioners registered here. Perhaps the Minister could also explain why the mental health, intellectual disability, children’s and public heath nursing sectors are not being put on a statutory basis. Furthermore, clarification is required with regard to nurses and midwives who are pursuing education and training which will ultimately lead to first-time registration with the new board. Why do undergraduates need to register with this new board and pay a fee? I would like to hear the reasoning behind this from the Minister. Will the Minister also clarify the position with regard to nurses and midwifes who have taken time out from their career for one reason or another and who are not registered for that period? What conditions will these nurses and midwifes be required to fulfil when they return to the profession and will these involve additional costs? What is the situation regarding the registration of international nurses who come to work here, particularly international students who take up clinical placements in our hospitals? Are these students to be treated the same way as our undergraduates, for example, or will there be a separate section to cater for rostered international students? On the issue of the funding and setting up of the new structure, I never cease to be amazed by the number of jobs created on boards by the Government to dole out to its political friends. We have seen many such examples over the years. The new board proposed here will comprise 23 members, both elected and appointed members. Unlike the composition of the previous boards, the majority of members will not be nurses or midwives. Instead, only eight members of the board will represent that sector and only one midwife will sit on it. This is completely inadequate, particularly given the fact that in 2008, for example, we saw the highest number of births recorded in Ireland since 1896, with a total of over 75,000 births recorded. There is no way that the work of midwives will be adequately represented by just having one member on the board. I urge the Minister to clarify this situation. Section 25 allows for payment of allowances to members of the board or committee. Who will receive these allowances? Are they for the political appointees and what is the maximum amount each member will be able to claim? What criteria are being applied by the Minister for those non-nursing representatives who will sit on the board? In respect of appointments to boards, it is surely time that proposals for appointees to State boards should come before the relevant Dáil Committee to be scrutinised. Perhaps the Minister should clarify what qualifying criteria will be applied in respect of these appointments and whether she supports the notion of appointees coming before the Dáil health committee. There is huge potential for development in the area of care of the elderly and nurses have an important role to play in this regard. Ennis General Hospital was promised dedicated geriatric beds following reconfiguration, but once again the Minister and the HSE failed to live up to their promises to the people of County Clare. The Commission on Nursing recommended that the Department of Health and Children should examine “as a matter of urgency the conditions and staffing levels in care of the elderly services”. The report was published in 1998, but as we all know from the calls we get daily in our offices, home help hours have been cut. We were promised that we would have a more integrated approach to primary care and that home care packages would be available and adapted to meet the patients’ needs. However, the experience is very much the opposite and people cannot access the help they need. Every day I receive pleas for help from older people and their families.

62 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

The Bill also provides for the resolution of complaints through mediation and other formal means. It establishes a competency scheme to monitor the competence of all nurses and midwives, deals with fitness to practice and proposes the dissolution of the National Council for the Professional Development of Nursing and Midwifery and the transfer of its staff, assets and liabilities to the board. While I welcome the recognition the Bill gives to nurses and midwifes, it is very important that adequate consideration is given to all these issues and that they are debated fully here in the House. I am very interested to hear from the Minister with regard to the consultation process she undertook before she brought the Bill before the House. Perhaps she will outline some of the issues which were raised. I am pleased to have had this opportunity to speak on the Bill and look forward to the Minister’s response.

Deputy Charlie O’Connor: I welcome the opportunity to make a brief contribution to this important and interesting debate. It is good to be here in the Chamber when things are so quiet, after the emotions and excitement of this morning. I will try my best not to cause any disruption. I have listened to the previous speakers and heard numerous references to Galway, Clare and other places. I presume, therefore, I will be allowed mention Tallaght. I welcome the attendance of the Minister of State, Deputy Áine Brady, and wish her continued success with her work. She knows I am a fan of her work and I am trying to persuade her to come to Tallaght to visit some of the elderly services. The Minister, Deputy Harney, will visit Tallaght shortly. She is no stranger to Tallaght and will open a new facility in Whitestown. I will take advantage of the Minister of State’s presence here today and invite her to visit me in Tallaght some day. Deputy Paul Connaughton made some interesting observations, including one I hope gets some headlines. He said that male patients in our hospitals trust nurses. Sometimes I try to bring my personal experience to our debate. Thank God, I have enjoyed very good health throughout my life, but I have had a few experiences with hospitals. I had my tonsils removed years ago in Mercers Hospital and, as some Members know, I had a heart attack in 1999. Funnily enough, it happened at a Francis Black concert. I was treated in Tallaght Hospital, was there for some weeks and then had surgery in the Mater Hospital. When I look back on that period, I can say that I saw at first hand the dedication and tremendous work done by male and female nurses in our hospitals. I recovered and my experience does not seem to have done me any harm. I also spent some time in the cardiac rehabilitation programme in Tallaght Hospital. Keep it quiet, but I might not be a Dáil Deputy today except for those experiences, which helped me through a difficult time. I have nothing but admiration for the nurses and staff of our hospitals, particularly in Tallaght. I grew up in Crumlin and have four sisters. I remember a lady appearing at our house one day. She was a midwife. I did not know her, but I remember her visit. Like many of my generation, I forget things that happened yesterday, but I remember the particular day this lady came to our house. I heard she was a midwife, but did not have a clue what a midwife was. However, I remember her as a caring, friendly person. She went up to my mother, whom I understood to be sick, and a short time later my sister Pam was born. That was the only home birth my mother had, but whenever I look back at that day I am aware the midwife made an impression on me. It is good to remember that in this debate. I heard other people today mention the dedication of midwives and the manner in which they look after people, and there is always an issue around whether people should go to hospital or stay at home for the birth of a child. It is for that reason that I mention my experience. In the context of nurses and midwives, I could not mention Tallaght without mentioning that I, like other colleagues, strongly support the campaign for the provision of maternity services 63 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed)

[Deputy Charlie O’Connor.] in Tallaght Hospital. This is important. The Coombe and other hospitals have provided a great service for my part of Dublin, but it is time that Tallaght, the third largest population centre in the country, had its own dedicated maternity unit. I am glad that is now being progressed. I urge the Minister to keep pressure on the administration in the Coombe Hospital, as well as in Tallaght Hospital, to provide that. There is also a plan for a major children’s hospital in Eccles Street, which has been a controversial issue for Dublin and especially for Tallaght where there is already a fine children’s hospital. There is also a children’s hospital in Crumlin. It is important in the context of the future development of children’s services that there should be progress on the maternity services which it is accepted should be moved to Tallaght. It is fair to make that point in this debate. I seek the assistance of the Minister of State, Deputy Áine Brady, and the departmental officials in that regard. I realise I am not allowed to name officials so I will not do so; I have no wish to get anybody into trouble. However, at least one of the officials has had a great deal of contact with us in Tallaght and has given dedicated service to Tallaght hospital. I am happy to acknowledge that, without naming him.

Deputy Jan O’Sullivan: Very subtle.

Deputy Charlie O’Connor: It is important to acknowledge it. My colleagues have spoken about the importance of public health nurses. Again, I can only talk about my experience. I had a little mishap with a hernia two years ago, which is always a very sore condition. However, I was able to go home from Tallaght hospital quite quickly but I could not have done so, and many other people cannot do so, without the service provided by the public health nurses, in my case in Brookfield in Tallaght. They were able to keep me out of hospital. That happens daily in every community throughout the country. Those who provide services for the elderly would also want us to acknowledge the work of public health nurses in that regard. As a Fianna Fáil Deputy, who is today speaking from the Labour Party benches in the House, I have no difficulty pointing out that I have the same concerns as those Members. I am happy to be on that party’s benches.

Deputy Jan O’Sullivan: The Deputy is very welcome.

Deputy Pat Breen: I hope the Deputy hits the right button.

Deputy Charlie O’Connor: It is important that we continue to stress to the Government the need to fund the home help service, in so far as resources will allow. I am on the board of Tallaght Welfare Society, now trustus, in Tallaght so I am aware of the huge challenges facing that service. All Members can make the same point. We speak about keeping people out of hospital or getting them out of hospital as quickly as possible and creating a situation in which they do not end up in nursing home care, although I have no problem with nursing homes where they are necessary. We should try to keep people in their own homes in so far as possible and a dedicated home help service is essential in that regard. I have had much experience in recent years with the provision of such services. We must continue to fund them in a meaning- ful way. I also wish to comment briefly about the composition of the board provided for in the Bill. I note that the non-nursing and non-midwifery members of the board will be appointed from a variety of areas. The Medical Council, the Health and Social Care Professionals Council and the Health Information and Quality Authority will each nominate a member and the Health Service Executive will nominate two members. A member will be appointed from the voluntary 64 Nurses and Midwives Bill 13 May 2010. 2010: Second Stage (Resumed) sector, the Minister for Education and Skills will nominate a member from a third level establishment and five members of the board, who are not in a nurse or midwife role and who have such qualifications, expertise, interest or experience that in the opinion of the Minister would enable them to make a contribution to the performance of the board’s functions, will be appointed. One hears differing views about the composition of boards. Deputy Pat Breen spoke about the appointment of nominees. The time will come — I do not know how soon that will be — when his party will have the opportunity to make such appointments.

Deputy Pat Breen: Does the Deputy have somebody in mind from Tallaght?

Deputy Charlie O’Connor: Sometimes there are unfair comments about ministerial appointments to boards. People have a contribution to make. I have been appointed to a number of boards over the years. My first appointment was to the board of St. James’s Hospital. I was then appointed to the Tallaght hospital planning board for a number of years. I was removed from a number of boards, although not the hospital boards, by Fianna Fáil Ministers and was re-appointed to the Tallaght hospital board by a Fine Gael Minister, Deputy Howlin.

Deputy Jan O’Sullivan: He was a Labour Party Minister.

Deputy Charlie O’Connor: He was. Therefore, I have no hesitation in talking about boards and board membership.

Deputy Pat Breen: A few were appointed to the Aer Lingus board who should not have been.

Deputy Charlie O’Connor: Incidentally, it will interest Deputy Breen to know that I was appointed by the former Fine Gael Taoiseach, former Deputy John Bruton, to a board.

Deputy Pat Breen: The Deputy should come over here.

Deputy Charlie O’Connor: I am happy where I am. I wish to make a very serious point about the HSE without engaging in the usual HSE bashing, although I am capable of doing that. Under this legislation the HSE will nominate two people to the board, which is fair enough. However, that conflicts with what it is doing in my local hospital. I was a member of the AMNCH board when the hospital was established in 1998. When I became a county councillor, I resigned as a member of the health board and was replaced by another county councillor. When the HSE was established it decided, for its own reasons, not to take up its appointment to the hospital board. It still refuses to fill it. In recent correspondence, the HSE has told me it will not take up the appointment. If the HSE is saying it will take its place or places in the case of some boards and will participate, why does it not do so in the case of Tallaght hospital, at a time when there have been difficulties and issues surrounding accountability at the hospital and where letters went unanswered and X-rays were not dealt with? That is a big issue for my community and for the local doctors in Tallaght and the surrounding region. It should be borne in mind that the Tallaght hospital catchment stretches through parts of Kildare and Wicklow and down to Carnew. This is an important issue. What is the thinking on the part of the HSE? It cannot have things both ways. I hope somebody will examine this and report back to me on whether it is good enough for the HSE to take up its positions on certain boards but then decide, for its own political reasons, not to take them up on others. I am a little confused by this. I am glad that colleagues on the Opposition benches welcome the thrust of this legislation, with some reservations. I am a strong supporter of the Bill and I hope it will be passed 65 Priority 13 May 2010. Questions.

[Deputy Charlie O’Connor.] expeditiously and implemented as soon as possible. The purpose of the Bill is to enhance the protection of the public in its dealings with nurses and midwives and to ensure the integrity of the practise of nursing and midwifery. The Bill will provide a modern, efficient, transparent and accountable system for the regulation of the nursing and midwifery professions which will satisfy the public. That is important. It will ensure that all nurses and midwives are appropriately qualified and competent to practise in a safe manner on an ongoing basis.

Debate adjourned.

Ceisteanna — Questions.

Priority Questions.

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Recidivism Rate 1. Deputy Charles Flanagan asked the Minister for Justice; Equality and Law Reform the number of suspects who have re-offended while on bail in 2009 and to date in 2010; and if he will make a statement on the matter. [19716/10]

Minister for Justice and Law Reform (Deputy Dermot Ahern): For some time I have been concerned at the number of offences being committed by persons on bail. Therefore, I requested and obtained Government approval late last year to commence work on a new bail Bill. The options that will be considered for inclusion in the new bail Bill include the following — providing that the courts must have regard to the nature and seriousness of any danger to any person or the public posed by the release of the accused person on bail; the creation of presumptions that bail should be refused for people charged with certain types of serious crime — in view of European Convention on Human Rights restrictions, such presumptions would act as a form of guidance to the courts in identifying those who present unacceptable risks of committing serious offences if granted bail; and extending the powers of the courts to refuse bail where necessary to prevent the commission of further offences to include more minor offences below the current level of seriousness required by the Bail Act 1997. Other issues that will be considered for inclusion are provisions relating to the following — no automatic bail on appeal from a District Court conviction; inclusion of public safety-public order criteria; power of arrest for gardaí for breach of bail conditions; provision of guidance to the courts against granting bail in certain serious cases; reasons to be given when a prosecution objection to bail is overruled in certain cases; and proving foreign convictions. This proposed legislation is complex and requires close consultation with relevant offices, including the Office of the Attorney General. I hope to be in a position to bring proposals to Government before the end of the year. The Criminal Justice Act 2007 strengthened the law with the aim of facilitating a stronger challenge by the prosecution to applications for bail by persons charged with serious offences and of further improving decision making by the courts. In addition, the law provides for adverse consequences for a person who commits an offence while on bail. Statistics compiled by the Central Statistics Office indicate that in 2009 there were 27,228 offences recorded where the suspected offender was on bail. It should be noted that these figures refer to the number of offences committed, not the number of suspected offenders on bail. In 2010, up to 31 March, there were 5,398 such crimes recorded. As the number of such 66 Priority 13 May 2010. Questions. crimes recorded in 2008 was 29,568, the 2009 figure represents a reduction of 8% on the previous year. The decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty.

Deputy Charles Flanagan: The Minister tried for as long as he could to avoid the question, which is quite specific in its import, asking the Minister the number of suspects who have re- offended. Of course, hidden in his spin was the true figure, where he revealed that almost 30,000 crimes per annum are committed by persons who have been suspected and charged with serious crime. The Minister refuses to give the full story. Would the Minister agree that the chief suspects in 15 murders committed in the past 20 months were out on bail and he has been particularly tardy in dealing with this issue? I suggest the real reason for his tardiness or inability to deal with this issue is prison overcrowding and the longer he delays in dealing with reform of the bail laws, the more law abiding citizens are refused by this Government a basic level of protection on our streets.

Deputy Dermot Ahern: No. The figures speak for themselves. As I stated, 27,000 offences amount to a reduction of 8% on the previous year. One offender could have committed ten offences. That is how they are compiled and it does not represent the overall figure for number of offenders. Of course, we all are worried about people who are out on bail. As I stated earlier, as Deputy Flanagan knows well, the Judiciary is independent in the way in which it operates and under the Constitution everyone is entitled to his or her freedom, subject to conditions, until proven guilty. Those are the parameters within which we must operate. When I came into office there had been changes made in 2007 to restrict bail even more, but the strong advice to me is that we cannot go too much further or else we will contravene, not just under the Constitution but under the European Convention on Human Rights, the personal freedom of persons. As I stated earlier, we are trying to tighten up a number of issues, bring in new conditions and lower the bar in relation to seriousness of offences where there would be a more strict criteria on the granting of bail. That work is ongoing and I want to bring it forward as soon as possible.

Deputy Charles Flanagan: It is regrettable that the Minister does not have the good grace to accept that this is a scandal under his watch. It is too much to expect that he would. All accept the independence of the Judiciary and there is no question of anybody here engaging in anything that might compromise that independence. I have two questions. Has the Minister examined the feasibility of asking the courts to consider the safety of a member of the community or of the general public in the context of a bail application being made, and whether that might be an issue that could be considered? That, to my mind, would in no way interfere with the independence of the Judiciary. Has the matter of delay, between the time of arrest, charge and caution and the ultimate trial taking place, been looked at? Has he met with the executives of the Courts Service to deal with the matter of delay because this is an issue too? Not only are we dealing with the circumstances under which bail can be granted and the criteria that might be adjudged by the court, but the issue of lengthy delays in criminal trials between the time a suspect is arrested, 67 Priority 13 May 2010. Questions.

[Deputy Charles Flanagan.] charged and cautioned and the ultimate trial is an issue that in no way interferes with any European Convention or law or the independence of the Judiciary, and is, in effect, a real issue.

Deputy Dermot Ahern: As I stated earlier, one of the issues I am asking my officials to look at in the context of this new bail Bill is providing that the courts must have regard to the nature and seriousness of any danger to any person or the public posed by the release of the accused person on bail. We are asking that such be one of the criteria, subject to confirmation by the Attorney General that we can do that. As I stated, my clear instructions to my officials, and, indeed, to the Attorney General’s office, is that we want to push the boat out as far as we can.

Deputy Charles Flanagan: I thought the Minister asked the Attorney General last year.

Deputy Dermot Ahern: It does not matter whether it is me, Deputy Flanagan or anyone else who is on this side of the House, we must take cognisance of the constitutional requirements on personal freedom and, indeed, all the various international agreements to which we are party.

Deputy Charles Flanagan: Was the Attorney General not asked a year ago?

Deputy Dermot Ahern: The issue of the time between arrest, charge and caution and bringing forward a trial, is a matter not only for the Courts Service, but for the Garda Síochána which is putting together files which must go to the DPP, etc. Of course, there is always an insistence when the Department would meet with the Courts Service and with the Garda, etc., that as little time as possible would be involved. However, one cannot hurry justice in that a mistake could be made, given that, ultimately, one is talking about putting persons into prison. In ensuring that every “t” is crossed and every “i” is dotted in the proving of an offence, it is important that people take their time and not rush it in order to ensure that the case sticks.

Deputy Charles Flanagan: Meanwhile people are being killed on the streets.

Commissions of Investigation 2. Deputy Pat Rabbitte asked the Minister for Justice; Equality and Law Reform his views on extending the remit of the Commission of Investigation into the Catholic Archdiocese of Dublin to cover other dioceses in the country; the position in respect of the Garda investigation into matters arising from the Report of the Commission of Investigation into the Catholic Archdiocese of Dublin; and if he will make a statement on the matter. [19696/10]

Deputy Dermot Ahern: As the Deputy will be aware, the commission’s report on the Catholic Archdiocese of Dublin was published in November last. The commission is at present examining the Diocese of Cloyne, and the Government extended the commission’s term to 30 June to allow this work to be completed. I am informed by the Garda authorities that the investigations of the assistant commissioner appointed by the Garda Commissioner to examine the findings of the Dublin Archdiocese report relating to the handling of complaints and investigations by both Church and State authorities are ongoing. He will complete his investigations expeditiously with a view to reporting to the Commissioner as early as possible. When he reports to the Commissioner with his recommendations, the Commissioner will consult with the DPP as to what issues arise in the context of criminal liability. I am informed by my colleague, the Minister of State with responsibility for children and youth affairs, that the HSE is currently in the process of completing its audit of Catholic dioceses to ensure that it, as the statutorily responsible body, is fully aware of all cases of 68 Priority 13 May 2010. Questions. clerical child sex abuse known to the church. It is hoped that the HSE will submit its report to the Minister of State in the near future. Consideration of the results of all these investigations will include consideration of what further action require to be taken, including a possible extension of the Commission’s remit. Bringing the perpetrators to justice, whenever and wherever the abuse occurred, must be the absolute priority. I repeat my call for any person, including members of the clergy, who has knowledge of such abuse to contact the Garda Síochána immediately.

Deputy Pat Rabbitte: The Minister’s response is very disappointing in the sense that he has drawn down what was on the word processor from the last time this question was asked. It is exactly the same answer as given in March, except that in March, the Minister told the House that the HSE report would be with the Minister of State with responsibility for children and youth affairs by the end of April. He has now changed the answer of March to read, “in the near future”. Is it not disappointing, given the gravity of this issue, that so apparent tardy progress, if progress there is at all, is being made? I ask the Minister specifically to address the question of the investigation of child abuse in the dioceses outside Dublin and Cloyne. Has the Minister read the very courageous remarks of the archbishop of Dublin, Dr. Diarmuid Martin? He has an admirable track record in this regard. Is it not right that more weight ought to be attached to his words when he says it is his view there are powerful forces within the church still covering up the evil of child sexual abuse in this country? Is it not desirable that the Minister would direct there should be sampling, at a minimum, in other dioceses and that this should be tested by the commission of investigation methodology to deal with the problem, as he said he would deal with it when he took the report on Dublin?

Deputy Dermot Ahern: The Minister of State, Deputy Barry Andrews, is the line Minister with direct responsibility. The HSE has received details of complaints from all dioceses subject to the audit, the persons against whom the complaints have been made, the information on reporting. The HSE is in the process of cross-referencing this information with the Garda records. The Garda Síochána is fully committed to facilitating this process. It has set up a dedicated team to work on the audit and has the services of an independent consultant. It is also undertaking an audit of 140 religious orders. Like everybody else, I took on board the sentiments expressed by Archbishop Diarmuid Martin. I agree we have to take his words very seriously when he referred to these dark forces. If it is the case there are people within the church authorities who are still railing against the type of new structures put in place by the church authorities, then this is an issue, primarily, for the church authorities to deal with. The Dublin archdiocese report was a mere sampling of the entire Dublin archdiocese area and yet it took four years to complete. The Cloyne report is now added to that. There is a total of 21 other dioceses. The original idea of taking a sample of cases from Dublin was as an illustration of how the church and the State authorities dealt with these complaints historically. We have learned from Judge Murphy’s excellent report and the commission report, that these cases were not well dealt with, in particular by the church. The State authorities, in all fairness, followed up very quickly when these cases were first brought to its attention in the mid-1990s but the church was slow and lethargic in confronting this issue. No decisions are being made with regard to the extension but when the final results of the Cloyne investigation are available, decisions may be made at that stage whether to extend it to the other 21 dioceses. It is best to wait. The Cloyne investigation includes all the cases whereas a sampling was undertaken in Dublin because of the size of the archdiocese. 69 Priority 13 May 2010. Questions.

Deputy Pat Rabbitte: Will the Minister agree it is deeply troubling that the archbishop of Dublin, Dr. Martin, felt it necessary to go public with the trenchant remarks about dark forces still covering up this evil in our society? What more could one have expected from the archbishop other than going to the top of Croagh Patrick and crying out to the heavens for help? He is saying in black and white that these crimes are still being covered up. Is this not an argument for the Minister to act, to pick a diocese like Raphoe, which is reported to have been rotten with this problem? Some of the cases have been ventilated in public. For example, why does the Minister not take his courage in his hands and direct that the particular diocese would be investigated, to support the plea that I take Dr. Martin to be making to the civil authorities?

Deputy Dermot Ahern: Any extension of the investigation would involve costs to the Exchequer. The cost to date of the commission on the Dublin archdiocese is in the region of €4.4 million. This does not include third party costs which will follow. The Cloyne investigation costs are in the region of €1 million to date. The question of extending it to 21 other dioceses or even the diocese of Raphoe would incur additional expense. I will not make a decision here on the floor of the House in that regard; it is a matter for Government to decide. As Minister I have ultimate responsibility for policy on justice matters. On the publication of the Murphy report I indicated to the Garda Síochána in a general way that the Government was very worried — I think I spoke for everyone in this country — about the way in which the church in particular had dealt with cases historically. For that reason the Garda Commissioner appointed an Assistant Commissioner with responsibility for reviewing all the cases across the country and not just a sample from Dublin or anywhere else. I note Dr. Martin’s comments about the dark forces. It is the responsibility of this House and of the Minister to ensure that those people who are responsible are brought to justice as soon as possible and without delay. The focus of these examinations is not to find people guilty but rather to find out how the church and State authorities responded. We already know that the church in particular and the State authorities to a lesser extent did not respond in those sample cases in Dublin. We should now move on to prosecuting those people. The responsibility in that respect rests with the church authorities who know these people and where they are. Dr. Martin and anyone else with information should come forward with that information to the State authorities so that those people can be prosecuted.

Temporary Release of Prisoners 3. Deputy Charles Flanagan asked the Minister for Justice; Equality and Law Reform the number of prisoners granted temporary release from custodial institutions in April 2010; and if he will make a statement on the matter. [19717/10]

Deputy Dermot Ahern: It is not possible to provide figures to the Deputy for all forms of temporary release as this would require the manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort. It could not be justified in current circumstances when there are other significant demands on resources. However, I am advised by the director general of the Prison Service that figures for granted weekly reviewable temporary release in April 2010 represents an average of 36 prisoners granted temporary release per day, 0.86% of the average number in custody in April. The average daily number of persons on temporary release for the month of April was 836 persons, approximately 16.3%. The Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003, provides that the Minister may approve the temporary release of a sentenced prisoner. The Prison Service utilises temporary release as part of its programme of sentence management. Temporary release arrangements operate similarly to a system of parole, 70 Priority 13 May 2010. Questions. which is a feature of prison systems worldwide. It is an important vehicle for reintegrating an offender into the community in a planned way. Each case is examined on its merits and the safety of the public is paramount when decisions are made. In addition, all releases are subject to conditions, which in the majority of cases, include a requirement of the offender to report regularly to his or her Garda station. One of the main issues taken into consideration when deciding whether a prisoner is suitable for temporary release is public safety. Any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Garda.

Deputy Charles Flanagan: The Minister’s reply is yet another letdown for the House. He claims it would involve too much effort for his officials and himself to provide the House with the important information on how many prisoners were on temporary release in April. It is also an important question when one considers the current prison crisis. That the Minister does not know or even bother to find out how many prisoners are on temporary release is a further indication of the serious crisis in the prison system. There were just under 1,000 prisoners on temporary release in April, representing 16% of the prison population. Recently, Judge Thomas E. O’Donnell of the District Court who, after the careful consideration of a case in Limerick, handed down a person a 15 month-prison sentence in Mountjoy Prison. How does the Minister explain to the judge and the people why this prisoner was released after two days of serving his sentence? There is a prison crisis evolving around the Minister but he is the only person in the State who does not recognise it as such. Fr. Peter McVerry, an eminent worker in the prison system, claims this is the worst crisis he has seen in more than 35 years. So too has the Minister’s own appointment for inspector of prisons. What plans has the Minister to deal with a crisis which sees prison governors and former Government supporters appointed to prison committees resigning?

An Leas-Cheann Comhairle: The Deputy should conclude as I want to call the Minister.

Deputy Charles Flanagan: The Minister is the last person to see the prison system crumbling all around him.

Deputy Dermot Ahern: I do not deny there are problems in some of our prisons. I have said this many times in the House and that we are endeavouring to deal with them. I am not going to take political criticism, however, from Deputy Charles Flanagan. The last time his party was in government, it did not build one prison cell in its four years in office. It actually cancelled the building of the Dóchas and Castlerea prisons.

Deputy Charles Flanagan: We did not.

Deputy Dermot Ahern: Yes it did because Deputy Quinn was the Minister for Finance at the time and I recall he cancelled those projects.

Deputy Charles Flanagan: That was in the last century.

Deputy Dermot Ahern: One cannot build a prison overnight. In my tenure as Minister, 1,750 prison spaces have been built. Deputy Charles Flanagan always claims I closed the Spike Island facility.

Deputy Charles Flanagan: Yes and the Curragh facility. 71 Priority 13 May 2010. Questions.

Deputy Dermot Ahern: The Spike Island and Curragh facilities would have not lasted a day if they were tested for the infringement of human rights. These were not only uneconomic to run but their conditions would have infringed upon people’s human rights. The moneys realised when the Shanganagh facility was sold have been used to buy the Thornton Hall site. It is ironic the Deputy is criticising the Government’s prison plans when at every twist and turn he has opposed the building of Thornton Hall, which is ultimately the long-term solution.

An Leas-Cheann Comhairle: The Minister will conclude because I want to give Deputy Charles Flanagan a supplementary question.

Deputy Charles Flanagan: The Minister wasted €40 million of taxpayers’ money for the Thornton Hall site. Our prisons are dominated by gang bosses who continue to operate from behind prison bars. Mobile telephones and drugs are rampant in the prisons in spite of the Minister’s repeated assurances that they would be tackled. The Minister cannot inform the House how many prisoners are on temporary release at any one time. I would have imagined there was some level of computerisation of prisoner records but obviously it cannot be done. Will the Minister carry out an analysis over the summer of 2010 as to what persons are in prison due to immigration detention, mental health problems, non-payment of dog licences, television licences, civil debt and fines? Will he do this before he embarks on any further work on the prison building programme?

An Leas-Cheann Comhairle: I call the Minister for his final reply on this question.

Deputy Charles Flanagan: The Minister has already wasted €40 million of taxpayers’ money on Thornton Hall which is now no more than a white elephant. He promised a slimmed-down and phased-in programme for Thornton Hall.

An Leas-Cheann Comhairle: I have called the Minister. It would be appreciated if the Deputy could facilitate the Chair.

Deputy Charles Flanagan: There is a crisis in our prison system yet the Minister, regrettably, has no plan to resolve it.

An Leas-Cheann Comhairle: Please Deputy, allow the Minister.

Deputy Dermot Ahern: The Deputy asked the number of prisoners on temporary release in April 2010. I gave him the figure, 836 persons.

Deputy Charles Flanagan: Why did he not say that at the beginning of his reply?

Deputy Dermot Ahern: Considering there are approximately 4,100 persons in prison, this averages out at 0.86%.

Deputy Charles Flanagan: No, that is not the average. The Minister is massaging the figures.

An Leas-Cheann Comhairle: Please allow the Minister without interruption.

Deputy Charles Flanagan: The figure is actually 16%. 72 Priority 13 May 2010. Questions.

Deputy Dermot Ahern: No. Up to 36 prisoners are granted temporary release per day which is 0.86% of the average number in custody in April. It is a bit ironic for Deputy Charles Flanagan to criticise these figures considering the figures when his party was last in office. It has been suggested Ireland’s prison statistics are out of line with other countries. In 2008, the prison population was well below the average of any other western European country. I accept the figure may have gone up in the meantime but it is still below the EU average. Temporary release is used in certain circumstances to allow people to reintegrate into society.

Deputy Charles Flanagan: The Minister has abused this facility.

An Leas-Cheann Comhairle: Please allow the Minister to reply to the question.

Deputy Dermot Ahern: Deputy Charles Flanagan is the very person who recently suggested that instead of cutting back on remission by 25%, more avenues should be given to encourage people to behave in prison. He is speaking with a forked tongue on this matter.

Deputy Charles Flanagan: I am not. There is a crisis in the prison system yet the Minister has no understanding of it.

An Leas-Cheann Comhairle: Please allow the Minister to conclude.

Deputy Dermot Ahern: As Minister I have endeavoured to work with the temporary release system, provided the Garda and the Prison Service are satisfied the general public’s safety is not at risk, to reintegrate people into society.

An Leas-Cheann Comhairle: We must move on to Question No. 4.

Deputy Dermot Ahern: I make no apologies for that.

Deputy Charles Flanagan: The Minister does not even engage with the probation and welfare service.

Tribunals of Inquiry 4. Deputy Charles Flanagan asked the Minister for Justice; Equality and Law Reform the number of times the Smithwick Tribunal has met in public session to date; and the cost of the tribunal to date [19718/10]

Deputy Dermot Ahern: The Smithwick tribunal was established in 2005 by resolutions passed in both Houses of the Oireachtas to investigate suggestions that members of the Garda Síoch- ána, or other employees of the State, colluded in the fatal shootings of RUC Chief Superin- tendent Harry Breen and RUC Superintendent Robert Buchanan on 20 March 4o’clock 1989. The resolution establishing the tribunal requires that it reports to the Clerk of the Dáil and makes such findings and recommendations as it sees fit on those matters. It is required to report on an interim basis not later than three months from the date of its establishment and within ten days of the commencement of oral hearings regarding the granting of representation before the tribunal, progress to date, likely duration and any other matters which it considers appropriate. There is also a requirement for the tribunal to be completed in as economical a manner as possible and at the earliest possible date, consistent with a fair examination of the matters referred to it. The total cost of the tribunal to end February 2010, the latest date for which figures are available, is €6.3 million. The sole member of the tribunal is Mr. Justice Peter 73 Priority 13 May 2010. Questions.

[Deputy Dermot Ahern.] Smithwick. The tribunal is still in its investigative phase at present and has not, save for a sitting in which the chairman set out the terms of reference of the tribunal, held any public hearings to date. I understand public hearings are expected to take place later this year. The House will appreciate it is not open to me, as Minister, to seek to interfere in any way with the work of the tribunal. Nevertheless, I am confident the tribunal is cognisant of my desire, and that of the House, to fulfil its mandate as expeditiously as possible. In this context, it is to be hoped that the extensive investigative work undertaken by the tribunal will obviate the need for protracted public hearings.

Deputy Charles Flanagan: I am conscious that the Minister has no wish to interfere with the workings of the tribunal and I accept that wholeheartedly. However, does he consider that the tribunal represents value for the taxpayer? In his reply, the Minister states some €6.3 million of taxpayers money has already been expended, but the tribunal has not sat for one day in public session. Does the Minister consider that five years of a tribunal without one public hearing and with expenditure of €6.3 million represents an expeditious route towards dealing with the investigation? How has it spent five years without one public hearing?

An Leas-Cheann Comhairle: As the Deputy is aware, the Minister is not answerable for the tribunal.

Deputy Charles Flanagan: Does the Minister consider it is good value for money? When does he expect this matter to be reported? Five years have already elapsed.

Deputy Dermot Ahern: As the Leas-Cheann Comhairle stated, I am not responsible for this or to the House in respect of this matter.

Deputy Charles Flanagan: The Minister is responsible for the payment of taxpayers’ money.

Deputy Dermot Ahern: It is safe to say that officials in my Department have been in contact with Mr. Justice Smithwick in respect of the ongoing development of his investigation. It is also fair to say that he is endeavouring to carry out much of the work outside of public session to obviate the necessity for long public hearings. He does not have the full say in respect of how long the hearings will take place because if people are implicated in it, they must have the opportunity to query anything that goes on. In respect of value for money, the fees paid to the inquiry’s legal team were originally capped by virtue of the Government decision in 2004 to limit the level of fees payable to lawyers in such cases. These fees have been further reduced as a result of the Government’s actions in 2009 to reduce public expenditure. Ultimately, we will not know whether the tribunal is value for money until it reports to the House. However, given the fact that the House gave Mr. Justice Smithwick his job, we can safely say he will report to the House on an interim basis after the ten days of public hearing to indicate how far he has progressed and at that stage we will know more. The Deputy was among those who set up the tribunal, it was not the Govern- ment. Mr. Justice Smithwick would have to be cognisant of the views expressed in the Oireachtas.

Deputy Charles Flanagan: I refer to two points which arise. What steps does the Minister intend to take to determine a timeframe for this issue? Was it envisaged in 2005, when the terms of reference were agreed, that after five years not one public hearing would have taken place? What timeframe is the Minister considering? Does the Minister agree with me that the slow pace of the tribunal has implications for persons whose character has been impugned, about whom allegations of a very serious nature have been made, about whom accusations and 74 Priority 13 May 2010. Questions. allegations of collusion have been made, and who are unable, because of the slow pace of the tribunal or because no one knows where this tribunal is going, to vindicate their good name? There is a denial of persons’ constitutional rights as long as this tribunal continues at such a slow rate or pace and at such a high level of cost to the taxpayer.

An Leas-Cheann Comhairle: I am somewhat conscious of trampling on the work of the tribunal.

Deputy Dermot Ahern: That is the point but the question has been put and I must answer it as best I can, in the knowledge that the Government did not set up the tribunal. The tribunal is answerable to the House and if the House wishes to express anything about five years, it is a matter for the House if Members have a problem with it. I understand from my officials, who have been in discussion with the tribunal team and the judge, that Mr. Justice Smithwick is very conscious of the costs and the time required. However, this is a painstaking operation involving co-operation with authorities across the Border and, possibly, across the water. Knowing Mr. Justice Smithwick, I have no doubt that he is operating in as expeditious a manner as possible and he must bear in mind the sentiments expressed by the Deputy.

Deputy Charles Flanagan: It seems the Minister is not aware of any problem. There is no problem.

Judicial Appointments 5. Deputy Charles Flanagan asked the Minister for Justice; Equality and Law Reform when he envisages a Judicial Council will be established; the role such a body will fulfil; and if he will make a statement on the matter. [19719/10]

Deputy Dermot Ahern: As the House is aware, necessary consultations with the Judiciary on the details of my proposals for a judicial council Bill have been ongoing for some time. I am pleased to report there has been renewed progress in these consultations in recent weeks. Following a plenary meeting of the Judiciary on 8 May 2010, the Chief Justice has indicated the welcome and support of the Judiciary for the latest draft of the scheme of the Bill. At the meeting they were informed by the registrar of the Ontario Judicial Council in respect of how the judicial complaints model has worked in that jurisdiction. I appreciate the positive engagement of the Chief Justice and his colleagues in giving renewed momentum to this important phase of the consultative process in respect of the proposed judicial council Bill. My proposals for a Bill will, I believe, achieve a reasonable balance between the Govern- ment’s commitment to legislation on judicial conduct with lay participation and the need to ensure respect for the independence of the Judiciary. Thanks to the efforts of all concerned, we have now reached an important point where few issues remain and it should be possible for me in the near future to seek the approval of the Government for my proposals and for their publication. The publication of my proposals will be an important step in realising the commitment given in the agreed programme for Government to legislate to provide effective remedies for complaints about judicial misbehaviour, including lay participation in the investigation of complaints. Under the Bill, members of the public will be provided with a framework through which they can pursue allegations of judicial misconduct. This will be centred on a definition of a breach of judicial conduct. A judicial council is to be established with responsibility for ensuring high standards of conduct among judges. The judicial council will also be broadly supportive of excellence in the exercise by judges of their judicial functions. 75 Priority 13 May 2010. Questions.

[Deputy Dermot Ahern.]

The work of the judicial council will be supported by a structure which will include a committee with specific responsibility for judicial conduct. This will be tasked, among other things, with the consideration and investigation of complaints. I welcome in particular the fact that the committee dealing with conduct matters is also to have lay participation. This was a key commitment of the programme for Government that will enhance public confidence in the transparency of the accountability framework offered under this Bill.

Deputy Charles Flanagan: I welcome the progress announced by the Minister in this regard. I assume from his statement that the Minister expects to bring legislation before the House before the end of this year. In this regard, the Minister referred to a forum in cases of alleged judicial misbehaviour or misconduct. Does the Minister envisage that the legislation would cover such matters as inconsistency of sentencing, about which there has been considerable public debate?

Deputy Dermot Ahern: No. Primarily it will relate to judicial misconduct, not the issue of sentencing. As the Deputy is aware, a programme is being put in place by the Courts Service, funded by the Exchequer in respect of a system whereby a database of judgments will be available to the Judiciary to enable it to examine and research comparative sentencing models throughout the country. I welcome this because to ensure public confidence in sentencing by the Judiciary there must be consistency throughout the country and I am aware this is something the Judiciary rather values as well. It is very supportive of the ISIS, Irish sentencing information system, programme.

Deputy Charles Flanagan: Has the Minister turned his mind towards the budgetary consequences of the setting up of such a council? For example, if an allegation is made against a member of the Judiciary then to defend the good name of himself or herself or the conduct of proceedings it would be necessary to call evidence. I assume that would involve either a transcript or an audio recording of what took place in court. We are far from that in terms of our court infrastructure. Does the Minister envisage that prior to the proper functioning of the council, every courthouse in the country, including District Courts, would be equipped with appropriate technological devices such as audio digital recording equipment, and has he costed for such?

Deputy Dermot Ahern: Yes, and that money is available to the Courts Service. Digital audio recording technology has been installed across a substantial element of the courts system, including all Central Criminal Courts, the High Courts, Family Law Courts, Special Criminal Courts and Circuit Courts, both criminal and civil. Installation of digital audio recording for the Four Courts complex, which includes the Supreme Court and the Court of Criminal Appeal, has been completed. Digital audio recording capability has also been provided for all 22 courts in the new Criminal Courts complex. The phased roll-out of digital audio recording is now focused on the District Court network and on some outstanding Circuit Court facilities. At the same time, portable digital audio recording equipment is being made available as a flexible alternative for use where appropriate. By the time this legislation is enacted, digital audio recording will not be an issue. The requirement for a transcript in the context of any subsequent investigation was one of the main issues raised by the Judiciary.

An Leas-Cheann Comhairle: The time for Priority Questions has expired.

76 Other 13 May 2010. Questions.

Other Questions.

————

National Drugs Strategy 6. Deputy Catherine Byrne asked the Minister for Justice; Equality and Law Reform his views on the recently published Europol EMCDDA report on the cocaine market; his further views on the rise in cocaine seizures here; the way he is working to tackle this problem; and if he will make a statement on the matter. [18974/10]

Deputy Dermot Ahern: The recently published joint study of Europol and the European Monitoring Centre for Drugs and Drug Addiction, EMCDDA, on the cocaine market is very useful in providing insight into how cocaine is produced and trafficked into the European Union and in highlighting the scale of the problem in Europe. The report also refers to some of the specific supply reduction initiatives that have been developed at European level in response to such trafficking. The Maritime Analysis and Operational Centre, MAOC-N, of which Ireland is a founding and active member is one such focused initiative which has the specific objective of intercepting narcotic shipments, in particular cocaine, to the European Union from Latin America, and the value of its work has already been clearly demonstrated. The Europol-EMCDDA shows the scale of cocaine use in Europe, that such activity is by no means unique to Ireland and that the overall problem of drug misuse remains one of the most complex social ills faced globally. In terms of the Irish drug seizure and prevalence data referred to in the report, I have been advised by the Office of the Minister for Drugs that the data used to compile the report relate to 2001 to 2007. In common with many other European countries, our cocaine seizures and prevalence increased over that period, but the latest available data show a decrease in the volume of cocaine being seized here and that the numbers presenting for treatment in respect of cocaine use have stabilised in the last two years. This is not to suggest in any way that I am complacent about addressing the problem. Efforts to tackle the issue of cocaine and other drug misuse have been broadly based to include measures aimed at both supply and demand reduction. A range of measures is being delivered by the Government and agencies, drug task forces and community-based projects to tackle the problem. Specifically, on the law enforcement side, drugs and organised crime are being prioritised by the Garda Síochána as a core focus for 2010, through the Commissioner’s policing plan, which reflects Government strategies contained in our drugs strategy. Drugs units are in place in every Garda division which work in partnership with the Garda national drugs unit in tackling and targeting drug-related crime. Divisional and district policing plans also reflect the focus of the national policing plan in terms of drugs law enforcement. However, it is clear we cannot tackle the problem of drug misuse through law enforcement measures alone. As set out in the Government’s new interim national drugs strategy for the period 2009 to 2016, it is vital to address the problem in a co-ordinated way across the pillars of supply reduction, prevention, treatment, rehabilitation and research. I assure the Deputy that my Department, and all the agencies under its aegis, remain fully committed to this approach and to the implementation of the strategy.

Deputy Catherine Byrne: I thank the Minister for his reply. We do not need statistics to tell us how much cocaine is on the streets; one need only walk around this city or the streets of one’s own community. Cocaine has no boundaries as a recreational drug. For many young people it is their weekend pick-me-up, mixed with alcohol and other substances. It is causing devastation in communities throughout this city. What struck me about the report was that we only have statistics up to 2007. Where are the data for 2008, 2009 and thus far in 2010? 77 Other 13 May 2010. Questions.

An Leas-Cheann Comhairle: Does the Deputy have a question?

Deputy Catherine Byrne: Yes. The report also shows that cocaine use is more prevalent in Ireland that in other countries. How does the Minister propose to prevent the illegal importation of the drug with one patrol boat and limited customs checks in a small number of areas? We are fighting a losing battle because we do not have adequate resources in place. The Minister referred to community-based projects. If any further funding is taken from projects in my community, the system will fall apart and many more people will end up addicted to drugs.

Deputy Dermot Ahern: The Deputy is correct that the figures provided in this report are out of date. However, data available in the national drug treatment reporting system show that in 2008, 775 cases were reported for treatment where cocaine was indicated as the chief drug dependency, five more than in 2007. During the Celtic tiger years, there is no doubt that cocaine became a recreational drug for many people who would not normally be part of the drugs scene. The Deputy will be well aware from her own constituency of the problems that arise from addiction to cocaine. The Government has put considerable resources into enforcement of the law, and hardly a day goes by that the Garda does not intercept a drug shipment. As I said, we are part of the MAOC-N project, at a cost of €70,000, and have several officials in Lisbon. We are part of the maritime operation there in collaboration with other countries, and it has been very successful in stopping large shipments of drugs, including cocaine, coming into this and other countries on the western side of Europe. It is interesting that the data from this report indicate that cocaine usage is far greater on the western side. Perhaps it is to do with proximity to the sea and Latin America. The other reason may be the relatively greater affluence of countries on the western side of Europe as compared with the eastern side.

Deputy Catherine Byrne: I appreciate the Minister’s frank answer. Yesterday I stood in a church with several hundred people who had buried their children because of drug addiction. I listened to the archbishop of Dublin appealing to public representatives and the Government to raise the bar in terms of efforts to combat drug addiction and in terms of drug seizures. If we cannot do that, there is no hope for the people in Dublin 12, 10 and 8.

Deputy Dermot Ahern: I assure the Deputy that while there are fewer resources generally, we will not take our foot off the pedal in regard to enforcement. That is the responsibility I have through the Garda Síochána. I am sure I speak also for the Revenue Commissioners in that respect. Action is being taken on a multi-agency basis. Ultimately, however, it is not just about enforcement but also about addressing demand. Demand has declined in middle class communities because of reduced resources. However, we are conscious that usage remains high in some communities. We have done much in terms of helping communities such as those in Deputy Byrne’s constituency to deal with these issues. Unfortunately, we must manage with fewer resources into the future.

Deputy Pat Rabbitte: What is the Minister’s assessment of the dial to stop drug dealing campaign? Is he aware that it is being starved of funding? I spoke to the Minister responsible, Deputy Pat Carey, today. I understand that announcements will be made in the near future on the matter, which will be positive.

State Laboratories 7. Deputy Damien English asked the Minister for Justice; Equality and Law Reform the number of recommendations made by a person (details supplied) in relation to the State’s 78 Other 13 May 2010. Questions. forensic science laboratory facility that have yet to be implemented; and if he will make a statement on the matter. [19418/10]

Deputy Dermot Ahern: In 2006 Professor Ingvar Kopp, the former head of the Swedish Forensic Science Laboratory, was engaged by my Department to review the resource needs of the Forensic Science Laboratory and his report was published in January 2008. His review has been of immense value to the laboratory’s modernisation process. It has contributed greatly to the mapping out of the future development of the State’s forensic science analysis service, especially in the area of DNA analysis. Overall, the review found that the laboratory compares well in terms of productivity with similar forensic science laboratories in other jurisdictions and that effective quality control mechanisms are in place. The primary recommendations of the review include the construction of a new modern laboratory built to world-class standards, the establishment of a sophisticated DNA database to meet national and international obligations and to greatly up-skill our domestic response to detecting and prosecuting crime, and the provision of improved technical, professional and administrative staffing resources. Considerable progress is being made in the implementation of the recommendations. For example, 12 new forensic scientists and 14 new laboratory analysts have been recruited. Further administrative staff, including an assistant principal IT manager, have been assigned to the laboratory. The overall authorised staffing complement of the laboratory has increased by more than 30 posts since December 2006. This substantial extension of the Forensic Science Laboratory’s capacity represents an increase of almost 50% in approved staffing. Planning for the implementation of the DNA database is continuing, although the database cannot be established until the legislation that is currently before this House is enacted. I have allocated €4.1 million to facilitate the development of the database——

Deputy Charles Flanagan: How much?

Deputy Dermot Ahern: I have allocated €4.1 million. Work is under way to provide as a priority a new purpose-built facility for the Forensic Science Laboratory. Deputies will be aware that the site is located at the Backweston Complex in Kildare adjacent to the State Laboratory and to the Department of Agriculture, Fisheries and Food’s Agrilabs. This world-class state-of-the-art facility is a major public investment and will facilitate the effective operation of the criminal justice system — including the DNA database — for many generations to come. The Office of Public Works is managing the delivery of the project on behalf of my Depart- ment, and I am advised that a Part 9 planning application for the new facility is currently with Kildare County Council. It is expected that the tender for construction phase will commence in the coming months with a view to work starting on the site around the end of the year. I have kept a close eye on the project, and the OPW has the resources in its current budget to begin it once the tenders come through.

Deputy Charles Flanagan: I impress on the Minister the importance of proceeding with the project, with particular reference to organised crime and so-called gangland activities in Dublin and beyond. The Minister referred to resources, and I welcome the fact that those have been set aside. The Minister mentioned appointments. He will be aware that Professor Kopp recommended 40 new posts at the State Forensic Laboratory. I know that 20 have been approved—— 79 Other 13 May 2010. Questions.

Deputy Dermot Ahern: It was 30.

Deputy Charles Flanagan: Thirty have been approved?

Deputy Dermot Ahern: No — Professor Kopp said 30.

Deputy Charles Flanagan: So ten posts remain. My understanding is that he said 40. A full quota is needed if the DNA database is to be operable. I ask the Minister to comment on remarks by Professor Kopp to the effect that one in three DNA and drug samples sent for testing by the Gardaí was not being processed. He concluded that crime detection was suffering as a result, which is a fairly obvious conclusion. He also remarked that Garda intelligence in vital areas was being lost. What steps are being taken to ensure the drug samples sent for testing are all being processed?

Deputy Dermot Ahern: My understanding is that he recommended 30 posts, and we have more than 30 extra people, which is a 50% increase in the staffing complement in a short time. This is a good story, because the resources were put in place, and so many staff were employed that they had to move out into an extended location. It is a good thing that so many people are working in the laboratory, albeit in two locations. That is why we need a new location. On the issue of examination by the Garda, Professor Kopp was dealing with the historical issue. There has been big investment in the past two years, and I am not aware of any problems. My Department has taken a hit in other soft areas, as they are known, for which the Deputy has criticised me in the House. However, I make no apology for targeting the resources I have as much as possible on the fight against crime, which is one reason I have ensured that substantial resources are available to the Forensic Science Laboratory.

Controlled Drug Sales 8. Deputy Aengus Ó Snodaigh asked the Minister for Justice; Equality and Law Reform the steps that are being taken in advance of the ban on mephedrone and various other substances coming into effect including whether head shop owners and other distributors are being asked to hand over the substance prior to the ban taking effect [19654/10]

Deputy Dermot Ahern: Head shops have been exploiting the availability of potentially dangerous products and undermining the existing legal framework by the sale of substances which are not regulated but have the same effects as controlled drugs such as cannabis or cocaine. As part of a multi-pronged approach targeting the activities of head shops, the Govern- ment made two important decisions earlier this week. The primary vehicles for regulating psychoactive substances are the Misuse of Drugs Acts, 1977 and 1984. Accordingly, the Government made an order declaring certain substances, including mephedrone, to be controlled drugs for the purposes of the 1977 Act. The Minister for Health and Children has made the necessary statutory instruments to control these substances, which include the mainstream of psychoactive substances being sold in head shops. The instruments make the possession and sale of these substances illegal and subject to criminal sanctions and they can be dealt with using all the powers available under the Misuse of Drugs Act. However our experience with head shops has shown that new psychoactive substances can appear with little notice. These can be exploited by suppliers who make them available without regard to the well-being of individuals or society at large before they are subject to regulation. I believe that the public safety issues are too serious to allow such a situation to arise again. 80 Other 13 May 2010. Questions.

Accordingly, the Government has approved my proposals for a general criminal justice response to deal with the supply of new psychoactive substances as they emerge, which will operate in addition to the Misuse of Drugs acts controls. The Criminal Justice (Psychoactive Substances) Bill, which the Government has approved for drafting as a matter of priority, will bring the full force of the criminal justice system to bear down on the activities of head shops or any other supplier engaged in the sale of unregulated psychoactive substances. Under the proposed Bill, I am providing that the sale or supply of unregulated psychoactive substances for human consumption will be a criminal offence. In addition, I intend to give appropriate powers to the Garda and to the courts to intervene quickly in a non-criminal procedure to prevent the sale of such products by way of appropriate prohibition orders. The Bill will also contain full search and seizure powers for the Garda Síochána and the Office of the Revenue Commissioners.

Deputy Aengus Ó Snodaigh: I welcome the recent announcement on the banning of certain products. I also welcome the Minister’s announcement that he will present to the House legislation on psychoactive substances. Will the Minister agree that the failure to respond for such a long time to the threat posed by products being sold in head shops allowed demand to be created, and allowed the emergence of a far wider customer base than simply those people who would normally be attracted to that type of product? Does he agree that that has resulted in the development of drug dependencies by those who might otherwise not have engaged with that type of substance misuse? What steps were taken in advance of the ban, which came into effect this week, to prevent the likes of mephedrone and snow going directly on to the black market? In England and Wales, local government officials were contacting head shops to seek their stocks of substances well in advance of the ban taking effect. Was that the case in Ireland? Has the Garda, since the ban came into effect, ensured that the products are not on sale? Has it raided warehouses where mephedrone has been stockpiled, for instance? To my knowledge, mephedrone is transferred by head shop owners to Ireland. I have a final supplementary question——

An Ceann Comhairle: I will call the Deputy again.

Deputy Dermot Ahern: I assure the Deputy that the Government has taken the matter very seriously for the past few months. We have been working as fast as we can. It is a complex area. We considered the experience in the UK, particularly regarding the way in which the matter was dealt with there, as the UK has grappled with the problem. We are intending to chase a moving target, which is why we need a belt-and-braces approach. As soon as we ban a certain substance, new substances come on-stream. I am under no illusion that although a lot of the head shops have closed, some are continuing to trade, and an effort will be made somewhere in this country to bring in new products that are not on the banned list. That is why the Government decided it needed to examine this matter both generally and specifically. That work will continue and I hope to be able to publish the legislation within the next week or so. This is subject to the views of the Attorney General. It is not an easy issue to address because we do not want to introduce a ban with unintended consequences, such as the banning of medicinal products, food products, tobacco products or poisons. We must be very careful in that respect. We are subject to the EU technical standards directive but we have got over this, as evident from the recent announcement. With regard to the Deputy’s question on the Garda Síochána and co-ordination, I thank the Garda Commissioner and his team, particularly Deputy Commissioner Callanan, who drove 81 Other 13 May 2010. Questions.

[Deputy Dermot Ahern.] this initiative. As of 11 a.m. this morning, the Garda was working on a list of 102 head shops nationally, some of which were more prominent than others or perhaps of an underground nature. Sixty-six of these have now been closed and banned substances have been handed to the Garda. Thirty-six remain open but have handed over banned substances and claim their businesses now relate only to non-banned substances. Three distribution centres were visited and they also handed over banned substances and claim their businesses now relate only to non-banned substances. The shops and distribution centres remaining open will be monitored closely to ensure their activities are within the law. The Garda does not yet have a figure for the weight of the substances handed over but the best estimate is that they would amount to at least three large truckloads.

Deputy Aengus Ó Snodaigh: Reference was made this morning to the advertising, by way of leaflets in some areas, of mail ordering and phone ordering of banned substances. I encourage the Minister to ask the Garda authorities to pay special attention to any such activity, which is now a criminal offence. When will the remainder of the dangerous legal highs be dealt with? Is it a matter of waiting for the legislation? There are 13 substances, called cathenones, and 37 chemicals, called pyrova- lerones, that remain to be dealt with. They are still for sale. The Minister mentioned the fact that the Garda is chasing a moving target and that the Chinese laboratories are producing one substance per fortnight. I welcome the announcement that the Bill will be available within a week or two. Is the Minister confident that it can be passed by the summer or will it take longer?

Deputy Dermot Ahern: It is definitely our wish. Drafting has been prioritised and the Office of the Attorney General is aware that the Bill must be passed before the summer recess. I hope we can publish the Bill in the next week or so. The definition of “psychoactive substance” is the one that is causing the most difficulty. One must ensure substances for normal use are not banned. It is intended to refer the Bill, when ready, to the Commission to get its approval under the technical standards directive. We will be using the emergency procedure in this regard. Given that we already obtained consent on the emergency procedure regarding the existing products, I believe we will succeed in obtaining approval. With regard to other products, the Department of Health and Children is considering the specific issues to which the Deputy referred. The products banned in the past couple of days are some of the most significant on sale.

Deputy Pat Rabbitte: The mushrooming — if that is not an inappropriate word in this context — of the establishments in question happened over the past nine or ten months in particular. While the Minister says this is a complex issue, the decisions taken in the past week were proffered on the Government over those months, the point being that an entire new generation of children has been seduced into the drugs business in the belief that because certain substances were on sale on the high street, some kind of approval was conferred on them and that they were legal and not harmful. The children’s habit will now be fed by the drug barons, who will have a new market. What does the Minister say to the proposition that it is the drug barons who have been involved in burning down some of the head shops, including some in his constituency? Is there a turf war to win the new market that has been built up over the past year, during which time the Government might have proceeded with more haste to cut off that possibility? 82 Other 13 May 2010. Questions.

Deputy Dermot Ahern: The Deputy does not give the young people of our State enough credit. They comprise a discerning group and the vast majority know that the substances on sale in the head shops are not substances that any normal, right-thinking person would want to take. However, of course there are youngsters who have entered head shops and who have become hooked on the substances on sale. That is a source of regret. The existing legislation was not sufficient because this was a new phenomenon. I understand the UK authorities announced the ban on mephedrone without obtaining approval of the Commission within three months. Therefore, the authorities would not be able to ground any prosecutions they would take. We have the confirmation and did use the emergency procedure because we regarded this matter as extremely urgent. The Garda has been very conscious of the allegation that there is an element burning the head shops because they are bad for the business of the former. The Garda has been very active in investigating the burning and attacking of head shops and I understand a number of prosecutions may very well be taken in that respect. With regard to Deputy Ó Snodaigh’s point, a number of prosecutions for reckless endangerment were already taken and the cases are before the DPP. Existing legislation was being used, even before the most recent events.

Deputy Charles Flanagan: I pledge the support of the Fine Gael Party to the Minister’s forthcoming legislation and agree with him that it is in the interest of us all to have this matter dealt with by way of legislation by the summer recess. Is he satisfied that the Garda has been sufficiently resourced to deal with this issue? I refer in particular to the changing composition of the various substances. Is the Minister satisfied sufficient training is available for gardaí to facilitate their identification of the substances involved?

Deputy Dermot Ahern: Absolutely. The Garda carried out raids on head shops previously and was in some instances successful in seizing some products. In other instances, it entered head shops and found there was nothing illegal under the current legislation. It was able to visit up to 106 head shops nationally within 24 hours of the Government obtaining consent from the Commission. That was no coincidence and was co-ordinated with the Government. I thank the Garda for this. The substances that have been impounded or taken will be analysed and if there are prosecutions to be taken, they will be taken. The important point is to ensure that no new potentially psychoactive products are made available for sale. If they are, we must deal with them, be it specifically or more generally under the proposed new legislation. We must ensure the head shops that continue in operation, and the distribution centres for head shops, have no banned substances therein.

Garda Strength 9. Deputy Róisín Shortall asked the Minister for Justice; Equality and Law Reform the number of applications received during 2009 for applications for early retirement from members of the Gardaí, broken down by rank; the way this compares with each year from 2002; the number of applications received in 2010 to date; his views of reports that a significant number of senior Gardaí are planning to take early retirement; the implications of such retirements for policing; and if he will make a statement on the matter. [19607/10]

Deputy Dermot Ahern: The numbers of applications received from 2002 to 2009 for retirement from the Garda Síochána are set out in the following table. The figures show that there was a significant increase in retirements in 2009. One factor in this may have been the three- year increase in the retirement age for members at the rank of garda in 2006, which had the 83 Other 13 May 2010. Questions.

[Deputy Dermot Ahern.] effect of deferring some retirements until 2009. The rate of retirement has since slowed, with approximately 80 applications — a relatively low figure — for early retirement received so far this year. It must be remembered that there has been a considerable increase in Garda resources in recent years, with the number of attested gardaí rising from 11,895 at the end of 2002 and 13,755 at the end of 2007 to 14,547 at the end of 2009. The Deputies opposite will agree that there has been a substantial increase. Some 900 student gardaí became attested in 2009, which was almost double the number of gardaí who retired that year. There have been more attestations in 2010. There are over 2,000 civilian support staff in the Garda Síochána, which represents an increase of over 300 on the start of 2008. While the moratorium on appointments and promotions applies generally to the Garda Síochána, I have continued to seek to obtain the sanction of the Minister for Finance for a number of promotions at all ranks. I recently secured agreement for the filling of 12 chief superintendent posts, 22 superintendent posts, 28 inspector posts and 120 sergeant posts. The Garda Commissioner is closely monitoring the level of Garda strength around the country, taking into account the level of retirements and recent attestations of students. I will continue to consult my colleague, the Minister for Finance, on the question of when a resumption of Garda recruitment will be necessary to keep Garda numbers at approved levels. My priority is to maintain Garda operational strength. A necessary step will be a competition to establish a panel of approved candidates. As I recently indicated, I believe this should take place later this year.

Applications for Early Retirement from the Garda Síochána

Year Deputy Assistant Chief Superintendent Inspector Sergeant Garda Commissioner Commissioner Superintendent

2002 2 6 9 48 168 2003 1 6 39 201 2004 2 4 6 66 244 2005 2 8 10 62 202 2006 3 8 9 54 162 2007 7 6 36 128 2008 1 1 2 13 52 174 2009 1 14 25 29 177 474

Total 1 2 23 61 88 534 1,753

Deputy Pat Rabbitte: Can I ask the Minister if he or his Department anticipates that the same rate of exodus that happened in 2009 will happen again in 2010? Is the Department contemplating additional measures, such as an increase in the retirement age? Given the slow- down and stoppage in recruitment, what will Templemore be engaged with for the remainder of this calendar year? Can I ask the Minister to comment on the disquiet in the ranks of the Garda Síochána? Can he give Dáil Éireann his response to the remarkable speech at a conference of the Garda Representative Association? There must be serious disquiet throughout the ranks of the Garda Síochána to cause a speech like that to be made at a Garda conference.

Deputy Dermot Ahern: I have given the figures for retirements. There have been 80 retirements so far this year. If that rate continues, the annual rate for this year will be below the normal rate. We have prepared for approximately 400 retirements over the course of this year. That would be the normal level. There were approximately 700 retirements last year, when particular circumstances prevailed. The successful conclusion of the Croke Park deal is one of 84 Adjournment 13 May 2010. Debate Matters. the issues that will be on the minds of gardaí when they think about whether to retire. It behoves political parties in this House to indicate where they stand in relation to the deal. We know where Deputy Rabbitte stands on the deal — I understand he supports it — but funnily enough, we do not know where his party leader stands. It is clear that the issue of pensions and gratuities was the main driving force behind the inordinate level of retirements last year. It is obvious that the gardaí are not that exercised by it at present. If Deputy Rabbitte supports the deal, I suggest he should tell his party leader to get off the fence, for all our sakes. It is an important matter. I do not accept the suggestion that politicians should not involve themselves in this issue. That is a cop-out. Templemore will continue to be used to bring students through. A number of students are still going through Templemore. It is used not only to train student gardaí, but to facilitate the lifelong learning and constant retraining of gardaí. It was redeveloped at a cost of millions of euro over recent years to ensure that gardaí continue to receive retraining, as required, throughout their careers. I accept that disquiet is expressed at all conferences of parties, representative associations and trade unions. I have my views on such conferences. I do not accept the words that were expressed. In fairness to the vast majority of Members of the Oireachtas, including Deputy Rabbitte, they do not think it is right for members of our police force, which has a special position under our Constitution, to utter the type of phrases that were used. On a personal basis, I would not countenance anyone accusing me of corruption, nor should I expect——

Deputy Charles Flanagan: That is not the case.

Deputy Dermot Ahern: Hold on.

Deputy Charles Flanagan: I do not think anyone accused the Minister of corruption.

Deputy Dermot Ahern: The very people who are charged with investigating corruption in our society——

Deputy Charles Flanagan: They may have identified someone from the Minister’s party, who spent some time——

Deputy Dermot Ahern: They are saying the Government has been corrupted by years of power.

Deputy Charles Flanagan: Does the Minister have any plans to meet the GRA? I assume he does.

Deputy Dermot Ahern: My door is always open.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Mary O’Rourke — the future of Loughloe House in Athlone, County Westmeath; (2) Deputy Trevor Sargent — the provision of a new sports hall at Balbriggan Community College, County Dublin; (3) Deputy Ulick Burke — the rehabilitation of the Tyn- agh Mines site in Loughrea, County Galway; (4) Deputy Pat Breen — the need to ensure the home help service is adequately resourced; (5) Deputy Pádraic McCormack — the future of St. Francis nursing home in Newcastle, Galway city; (6) Deputy James Bannon — the provision 85 Adjournment 13 May 2010. Debate.

[An Leas-Cheann Comhairle.] of a new community college in Kilbeggan, County Westmeath; (7) Deputy Joe Costello — the need for the Taoiseach to brief the Dáil prior to attending European Council meetings; (8) Deputy Bernard J. Durkan — the need to make arrangements for a person (details supplied) to be awarded a carer’s allowance; and (9) Deputy Martin Ferris — the importation of lobsters from Canada and the US. The matters raised by Deputies Mary O’Rourke, Bernard Durkan, Ulick Burke and Trevor Sargent have been selected for discussion.

Adjournment Debate

————

Care of the Elderly Deputy Mary O’Rourke: As this matter affects older people, in the main, I am glad that the Minister of State with responsibility for older people, Deputy Áine Brady, is present as I raise this question this evening. Loughloe House has been used as a residence for over 30 years. It currently deals with 26 residents. I suppose its numbers have varied over the years. That is, by and large, the amount of residents it would have at any one time. We all approve of the Health and Information Quality Authority. We approved of its role as a standards body when the legislation came before this House. Its mission is to ensure that private and public nursing homes and residences are of a particular standard. Officials from the authority have visited Loughloe House in Athlone to that end. I do not know how many visits they have made. When the Minister of State replies to me, perhaps she will be able to tell me how many visits were made and when they were made. People have complained that the authorities in Loughloe House did not know when the inspectors were coming. The Leas-Cheann Comhairle knows from his teaching days that one is not meant to know when inspectors are coming. If one knew they were coming, one would be shining and polishing, stitching and hemming, and having everything beautiful. The Minister of State is aware that HIQA inspectors are meant to call unexpectedly so they can see how the home is run on any given day. They visited Loughloe House on two or three occasions. When will the report setting out the findings of the inspectorate’s visits to this facility be issued? I refer to the report which led to the HSE’s announcement of its decision to close Loughloe House. That is the first question. There was no intimation of this decision before it was announced. It was not forecast. There was great shock when the news became known. We all know that much older people are very sensitive about everything. Many people have made Loughloe House their home. They have no landing place other than Loughloe House. I would like to put on the record the level of professional care, commitment and support given by all who work in Loughloe House to its residents. It is a huge level of commitment and support. I understand that HIQA has particular issues with ceiling heights, bed space, adequate recreational space and various other aspects of care in homes such as this around the country. How many visits were made to Loughloe House? When will the draft report to the HSE midlands area become a full report? I acknowledge the legalities involved and that one cannot allow a report to come out that would in any way lead to legalities being invoked because nobody wants that. More important, what arrangements will be made for each person? HIQA- approved nursing homes in the neighbourhood have been trawled for available beds. There would be no point closing one home and sending the residents to a home that is not HIQA- approved. When will that exercise be concluded? The most significant issue for residents leaving what was their home is knowing that they will be moved to a home that is nearby in order 86 Adjournment 13 May 2010. Debate. that their loved ones and friends can continue to visit them without too much disruption. Are full and proper arrangements being put in place for the residents of Loughloe House? I would also like to establish the lead in to what happened.

Minister of State at the Departments of Health and Children, Social and Family Affairs and the Environment, Heritage and Local Government (Deputy Áine Brady): I thank the Deputy for raising this issue, which provides me with an opportunity to update the House. The Govern- ment is committed to supporting people to live in dignity and independence in their own homes and communities for as long as possible. Where this is not feasible, the health service supports access to quality long-term residential care where this is appropriate and we continue to develop and improve health services in all regions of the country and to ensure quality and patient safety. The Health Service Executive, HSE, has sole operational responsibility for the delivery of health and social services, including those at facilities such as Loughloe House. This institution is a former welfare home located in Athlone, which shares its site with day services for older persons in the area. The Deputy will appreciate that all developments have to be addressed in light of the current economic and budgetary pressures. The executive has been asked to make a rigorous examination of how existing funding might be reconfigured or reallocated to ensure maximum service provision is achieved. In particular, we need to ensure the highest standard of care will continue to be provided to all patients in a safe and secure environment. Any decisions, therefore, taken by the executive must have regard to the current budgetary position and the current moratorium on the recruitment of nursing and non-nursing staff. As a welfare home, Loughloe House once accommodated up to 40 patients of lower dependency. In recent times, given the increasing dependency of clients and other challenges, the numbers of residents fell to 25. The longest resident has been there for 14 years while the most recent arrival was a year ago. The home is one of two long-stay facilities in Athlone. The second is St. Vincent’s community nursing unit, CNU, which is situated in the town centre. They are, therefore, relatively close to each other. There are approximately 60 residents in St. Vincent’s CNU. There is one management structure for the two units. At a broad strategic level, the overall plan for HSE services in Athlone had been to transfer all services to the Clonbrusk area of the town, where lands were purchased by the Midland Health Board in 1999. This would have allowed the proposed Clonbrusk campus to become the hub for HSE service delivery in Athlone. This plan would have facilitated the closure of Loughloe House as well as allowing several other premises to be vacated. In anticipation of these plans, spending on existing infrastructure, including both Loughloe House and St. Vincent’s, was limited in recent years. Given the current financial constraints, the anticipated developments at Clonbrusk have been curtailed and the construction of a new community nursing unit on the site has been postponed for the foreseeable future. As a result, both Loughloe House and St. Vincent’s face significant challenges in meeting the necessary HIQA requirements and standards, given the design, age and condition of the two buildings. Loughloe House has been inspected by HIQA. Numerous concerns were raised in the inspection process both in regard to the physical infrastructure and to management-staffing issues. Concerns also exist regarding the fire safety precautions at the home. With these considerations in mind, the HSE has decided it has no option but to proceed with the orderly, phased closure of Loughloe House. The executive has no intention, at this time, of closing St. Vincent’s and it is working towards ensuring compliance with HIQA’s standards. There will be a consultation process with Loughloe House residents and their families with a view to organising transfers into private or public nursing homes in the surrounding area. This 87 Adjournment 13 May 2010. Debate.

[Deputy Áine Brady.] consultation was scheduled to take place around this time. The overall level of provision of long stay beds in the Longford-Westmeath local health office area will remain adequate to meet patients’ needs. There are sufficient vacancies to cater for the residents of Loughloe House. The safety of the residents is our first concern and we owe them a duty of care. I am sure this House will agree that quality care and patient safety comes first and all patients should receive the same high standard of quality assured care. Unfortunately, due to the current industrial action, this was the most up to date information available as of 29 April 2010. I regret that I do not have more information but if the Deputy wishes to raise this matter with me again, I will endeavour to have the matter re-examined at that stage. The Deputy asked about the inspections. There is a mixture of announced and unan- nounced inspections.

Deputy Mary O’Rourke: How many?

Deputy Áine Brady: I could not get that detail for the Deputy but there would have been at least one of each.

Social Welfare Benefits Deputy Bernard J. Durkan: I thank the Ceann Comhairle for allowing me to bring this matter to the attention of the House, particularly after my boldness during exchanges this morning.

Deputy Mary O’Rourke: The Deputy was very bold.

Deputy Bernard J. Durkan: I assure the House no ill will was intended on my part. It was one of those things we all have to do from time to time when raising issues. This matter is unique because the Minister of State and I share the constituent affected and we can both help in the way people would like us to co-operate for the benefits of those we represent. I am sure the Minister of State will respond positively. The man affected is entirely devoted to caring for his mother and looking after the farmyard. He does not 5o’clock own property and he was assessed as having nil means but then somebody came up with the classic line, “You are working/attending a course outside the home for more than 15 hours per week”. I do not accept that because in the normal course of events he is available 24-7 if his mother needs him. He is on call at times. He has no income and it is a serious case, which the Minister of State knows well. Given my knowledge of the Department, it is possible to deal with this case in a quick and positive way. I am sure the Minister of State will be in touch after she has read the reply into the record. I expect her to make the classic announcement that she will have this matter dealt with and will be in touch with me as a matter of great haste.

Deputy Áine Brady: I hope I do not disappoint Deputy Durkan. I am replying to this Adjournment matter on behalf of my colleague, Deputy Eamon Ó Cuív, Minister for Social Protection. The matters which are the subject of this debate are related to the social welfare entitlements of an individual. As the Deputy is aware, under social welfare legislation decisions on claims or entitlements are made by deciding officers or appeals officers. These officers are statutorily appointed and the Minister has no role in making such decisions. An application was received in the carer’s allowance section of the Department from the person concerned on 30 December 2009. The applicant indicated on the application form that he was self-employed and also worked as a farm labourer. One of the conditions for the receipt of carer’s allowance is that an applicant cannot work more than 15 hours a week outside the 88 Adjournment 13 May 2010. Debate. home. The carer’s allowance section forwarded the applicant’s file to a social welfare inspector to investigate his work pattern and income. The person concerned was interviewed on 3 February 2010 at his home. He works on the family farm which is in his mother’s, the caree’s, name. He receives €129 per week as payment for the work involved. During the interview, the applicant confirmed that he works full time on the farm except during the summer when he spends five to six hours a day as a self-employed hedge-cutter and fencer. He was requested to furnish bank statements and accounts for his self employment. Upon completion of the investigation, the inspector returned the file to the carer’s allowance section on 15 April 2010. The inspector confirmed that the person concerned looks after his mother and that she satisfies the conditions for requiring full-time care and attention. However, the inspector concluded that the applicant works more than 15 hours per week outside the home either farming or in his own business. That was confirmed by the applicant during interview. That would disqualify him from receipt of carer’s allowance. A deciding officer of the Department made the decision on 24 April 2010 that the applicant did not satisfy the conditions for receipt of carer’s allowance as he was working outside the home for more than 15 hours per week. The condition that an applicant cannot work for more than 15 hours per week outside the home is one of the key conditions for receipt of carer’s allowance. The deciding officer has no discretion on this condition and is, under legislation, bound to disallow a claim where the applicant’s work outside the home exceeds the 15 hour limit. In accordance with his statutory rights, the person concerned was notified of his right to appeal to the social welfare appeals office if he felt that the decision was incorrect. To date, he has not lodged an appeal. However, he has until Friday, 15 May 2010 to make an appeal if he so wishes.

Deputy Bernard J. Durkan: Could this debate be considered as an appeal?

Deputy Áine Brady: Yes.

Mine Sites Deputy Trevor Sargent: He is speaking on the Deputy’s behalf in New York.

Deputy Ulick Burke: I hope the issue will be brought to his attention as a matter of urgency.

Deputy Áine Brady: I am a Minister of State in his Department.

Deputy Ulick Burke: I am aware of that.

Deputy Ulick Burke: The community has organised a group under the chairmanship of Eoghan Carroll — East Galway for a Lasting Environment — EAGLE. The group has highlighted the matter. The local authority has done everything it can. Every public representative from east Galway now and in the past tried to have the matter resolved. The HSE west should be asked to carry out a longitudinal study on the site in the interests of health. I call on the Minister for the Environment, Heritage and Local Government to immediately provide emergency funding to carry out remedial safety measures in the short term leading to the eventual remediation of the mine. I request that the EPA and the Department be invited before the Oireachtas Joint Committee on the Environment, Heritage and Local Government to reveal the full detail of the technicalities outlined in the report. The EPA should provide the full details on the risk assessment detailed in the report. I hope the Minister of State, 89 Adjournment 13 May 2010. Debate.

[Deputy Ulick Burke.] Deputy Áine Brady, does not read from a prepared script that will just give the history of the site without getting into the detail of what the Minister intends to do in this case as a matter of urgency.

Deputy Áine Brady: I am taking this Adjournment on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley. Article 20 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, required member states to ensure that an inventory of closed waste facilities, including abandoned waste facilities, located in their territory which cause serious negative environmental impacts or have the potential of becoming in the medium or short term a serious threat to human health, is drawn up and periodically updated. Ireland transposed this directive with the making of the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009. In compliance with the requirement of Article 20 of the directive, the Department of Communications, Energy and Natural Resources and the Environmental Protection Agency recently published the report of the Historic Mine Sites -Inventory and Risk Classification project. This report identifies waste piles and other features, for example shafts and adits or entrances associated with closed mines. The project set out to assess the potential risk posed by these sites to human and animal health and to the wider environment, and to consider issues related to safety at each of the sites. Of the 27 sites or districts investigated as part of the study, the report identified three “class 1” or priority sites, which were determined by use of a scoring system based among other factors on the source of contamination and who or what might be affected by it. The site at Tynagh was among these priority sites, and the report made a number of recommendations. These included, inter alia, that the local authorities should be advised of all issues of environmental concern falling within their functional area. In addition, the report indicated that other authorities such as the Health Services Executive, the Health and Safety Authority and Teagasc might also need to be informed of specific relevant issues and that priority sites should have a full environmental risk assessment carried out, if not already undertaken. Ongoing monitoring at these sites was recommended. The report also recommended that a scientific-based monitoring scheme should be developed appropriate to each of the site classes, incorporating relevant expertise from the EPA and the Geological Survey of Ireland. The issue of remediation of such former mine sites is a matter for the owners of such sites. Enforcement is a matter for the local authorities in the first instance.

Deputy Ulick Burke: A cop-out.

Deputy Áine Brady: However, in terms of the overall approach on this matter, the Depart- ment of the Environment, Heritage and Local Government will shortly be meeting with the Department of Communications, Energy and Natural Resources with a view to assisting that Department in moving forward with relevant recommendations of their study.

Sports and Recreational Development Deputy Trevor Sargent: Ar dtúsbáire ba mhaith liom buíochas a ghabháil leis an Cheann Comhairle as cead an cheist tábhachtach seo a ardú. I thank the Ceann Comhairle for allowing me to raise the need, essentially, to get value for money in how we fund basic educational facilities in this case at Balbriggan community college. For background, this secondary school has a proud record in what is the fastest growing area in the country, based on the last census. One can meet pupils from this community college at the Young Scientists’ Exhibition, on 90 Adjournment 13 May 2010. Debate. the sports field or at any number of artistic events and in our third level institutions around the country. However, the fitness levels of our young people all over Ireland is a major concern, as has been acknowledged in this House time and again. I appreciate that the Minister of State, Deputy Brady, has been working on this and understands exactly where I am coming from, as we worked together when I was Minister of State in that area. The obesity report mentions €5 billion as a total cost of obesity related problems per annum. This must make us think twice about what we are doing in this country to address that issue. In Balbriggan, as in many towns, the proliferation of betting shops and takeaway outlets is screaming a warning at all of us in Government. Unless we can motivate our communities to enjoy being active, then we face even costlier epidemics of type 2 diabetes and heart disease in younger and younger age groups. This is why I feel so strongly about the short-sighted plan to just replace the roof of the old sports hall at Balbriggan community college. As there is asbestos in the old roof there is a need for a new roof. A summer works grant is secured to put in a new heating system. However, Fingal Council has the vision in these straitened times to offer €500,000 towards building a new modern sports hall to replace the outdated one. This new sports hall would have a full size basketball court, changing rooms as well as meeting rooms and a kitchen. With matching funds from Government the 600 pupils and the wider community of 20,000 people in the town alone would then have a badly needed modern sports facilities and meeting rooms. My debate here this evening is as much to do with value for money as doing the right thing for our children and the wider community. Let us be creative in our thinking here. Let us tap the dormant accounts funds, or perhaps the area partnership funds. Meanwhile I am sad to see that this has to date been seen as a grade 4 project, which suggests sports facilities do not rate as important in the Department of Education and Skills. This is a view which is out of touch with modern educational thinking. Our young people deserve to have basic facilities for a rounded education. I believe we can provide that in this instance is we look at what funding is available and then the best return for that funding. If we do that I believe Ballbriggan community college can have the sports hall it needs a give a good return to the taxpayer.

Deputy Áine Brady: I am taking this Adjournment matter on behalf of my colleague, Deputy Mary Coughlan, Tánaiste and Minister for Education and Skills. I wish to thank Deputy Trevor Sargent for giving me the opportunity of outlining to this House the Department’s position regarding the planned re-roofing of Balbriggan community college and gym and regarding the approach made to County Dublin Vocational Education Committee from Fingal County Council concerning a new sports hall for Balbriggan community college. The school has a current enrolment of 584 pupils. The College consists of two buildings: the original 1950s vocational school building and a more substantial building constructed in the early 1980s on the same site. The Department has already provided considerable investment into Balbriggan community college. An all-in-grant in excess of €27,000 was provided in August 2006 for a replacement boiler in the school. Under the summer works schemes in excess of €23,000 was provided for electrical works. A further grant in excess of €1.1 million was provided under summer works 2007 for extensive works to the school including enlarging and upgrading classrooms and practical work rooms, renovating toilets and demolishing old stores. The summer works scheme 2009 is ongoing in the school and includes renovation of the original 1950s building including roofing of the courtyard area. The Vocational Education Com- 91 The 13 May 2010. Adjournment

[Deputy Áine Brady.] mittee has also been instructed to proceed to tender for the replacement of the gas boiler and the LPG system for the science rooms in the school. Approval has recently been provided under summer works 2010 for mechanical works at the school. The Department of Education and Skills has assigned responsibility for managing and monitoring the asbestos removal programme in schools to the Office of Public Works’ health and safety unit. The role of the Office of Public Works is to ensure that school boards of management are managing the removal of asbestos materials in a safe manner that is not detrimental to health. It is primarily a monitoring and management role. An Office of Public Works code of practice on the Management of Asbestos in Schools has been drawn up and is available on the Department of Education and Skills website. The entire cost of the programme of detection and removal of asbestos materials in schools is borne by the Department of Education and Skills. In the case of Balbriggan community college, as the works are of a substantial nature, the major projects division of the Office of Public Works is taking the lead role. Detailed preparation work is required to bring major projects such as the roof replacement works to tender stage. Detailed design stage has now been completed by the Office of Public Works. The proposed work entails the removal and replacement of the asbestos roof, gutters and down pipes with associated works including ceiling replacement and rewiring where necessary. The Department has been in regular contact with the Office of Public Works in relation to the progression of this major project. I can confirm that County Dublin Vocational Education Committee has written to the Department proposing the construction of a new PE hall for Balbriggan community college, to be co-funded with Fingal County Council. The major projects division of the OPW has been informed of the proposal concerning the new sports hall. To allow further consideration of this proposal, detailed information will be required on costings, the terms of the suggested co-funding, and the possible savings, if any, that can be accrued by the progression of these projects in tandem. This information is being sought from County Dublin Vocational Education Committee. The progression of this co-funded project will be considered in the context of requirements and the competing demands on the Depart- ment’s capital budget. As the Deputy will be aware, there has been significant growth in pupil numbers in the Balbriggan area. The priority for the Department in terms of capital investment is providing additional classroom space. In this regard, at post-primary level, the first phase of Ardgillan Community School, which is also under the Vocational Education Committee, was completed in 2009. The second phase, which was approved for architectural planning in February of this year, will be an extension to cater for a 1,000 pupil school, including an enhanced community facility. I assure the Deputy that the Minister and her Department are committed to providing suitable high-quality accommodation at Balbriggan Community College. I thank the Deputy once again for raising this matter.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 18 May 2010.

92 Questions— 13 May 2010. Written Answers

Written Answers.

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

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Questions Nos. 1 to 9, inclusive, answered orally.

Garda Vetting Services 10. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the steps he will take about the delays experienced by those seeking Garda vetting which is resulting in the loss of job opportunities in some instances. [19653/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Central Vetting Unit (GCVU) provides employment vetting for a large number of organisations in Ireland registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults. The GCVU has managed a substantial increase over recent years in the numbers of vetting applications received by it. In 2007 there was 187,864 applicants. This rose to 218,404 in 2008 and to 246,194 in 2009. The processing time for vetting applications fluctuates during the year due to seasonal demands when the volume of applications received from certain sectors can increase, for training placements for example. Additional time may be required to process an individual vetting application in cases where clarification is required as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. There will always be a reasonably significant time period required to process a vetting application. I do not accept that the period taken to complete work on a vetting application amounts to a chronic delay. The Gardaí make every effort to reduce this to the minimum possible consistent with carrying out the necessary checks. I am informed by the Garda Auth- orities that the average processing time for valid vetting applications received at the GCVU may vary from four to five weeks in periods of lower demand to up to 12 weeks at times when demand is particularly high. The allocation of Garda resources, including personnel, is a matter for the Garda Com- missioner. There is currently a total of 83 personnel assigned to the vetting unit, including six Gardaí and 77 Garda civilian personnel. Five additional personnel are being recruited on a 93 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] temporary basis for 3 months, these personnel will commence work during June. This represents a very significant increase in the level of personnel assigned to the unit, which stood at only 13 before the current process of development in Garda vetting began in 2005.

Irish Prison Service 11. Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform his plans to reform the prisoner gratuity scheme; and if he will make a statement on the matter. [19438/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy is aware all prisoners have a statutory entitlement to a daily gratuity. The current rate of gratuity, applicable since 1st January, 2004, is €2.35 daily, which equates to a weekly total of €16.45. In accordance with the Prison Rules, 2007, additional gratuity payments may be made to prisoners engaged in authorised structured activities. This additional allowance is typically paid in the form of vouchers which can be used to purchase goods in the prison tuck shop. The levels of additional gratuity paid in respect of different types of structured activities are set by the senior Governor in each institution and currently the value of these allowances is approximately €10 per week. The purpose of the gratuity is twofold. Firstly, it allows prisoners to purchase personal goods which are not provided by the prison. Secondly, it allows prisoners to save money which on release may assist them in making a new start, e.g. putting a deposit on accommodation or buying new clothes. Each prison has a shop in which personal items are available for purchase by prisoners. These items include newspapers, toiletries, Christmas and birthday cards, presents for their children and family members and confectionary. The payment of the gratuity reduces the pressure to provide funds, which may be placed on the family left outside. Many prisoners families have difficulty in subsidising the person in custody and The majority of these families and can ill afford to fund the purchase of these items. There are also significant numbers of prisoners who have no external support whatsoever and are totally dependent on the gratuity to purchase personal items that are not supplied by the prison. As with all monies paid out of the Irish Prison Service Vote, the payment of gratuities is routinely monitored and reviewed and in this context it is proposed to review the payment of gratuities and additional allowances to prisoners. It is not possible at this point to foresee whether this will lead to a reform of the gratuities system, but as with all such reviews, value for money for the taxpayer will be to the forefront.

Tobacco Smuggling 12. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the steps the gardaí are taking to deal with the continuing problem of the sale and distribution of smuggled cigarettes, particularly in view of suggestions of the involvement of criminal gangs in this activity; and if he will make a statement on the matter. [19586/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I should start by reminding the Deputy that law enforcement in relation to smuggled cigarettes is primarily a matter for the Customs authorities of the Revenue Commissioners as most offences committed are contrary to the Finance Acts. Revenue’s strategy for tackling this illicit trade is focussed both on intercepting and seizing illicit consignments at the point of importation and also on carrying out checks at retail outlets, markets and commercial premises. The approach taken to 94 Questions— 13 May 2010. Written Answers tackle the problem at the point of importation involves a combination of cargo and passenger risk profiling by specialist staff, intelligence gathering, sharing of information with other Cus- toms Services and where appropriate using x-ray scanning technology to detect contraband in maritime and air transport. The fight against the illicit tobacco trade involves close co-operation between the Customs Service and An Garda Síochána. For major cigarette seizure operations Revenue’s Customs Service regularly calls on An Garda Síochána for assistance and backup. Where feasible, large consignments are placed under surveillance and allowed to proceed to their destination under a controlled delivery with a view to identifying those responsible for the importation. These controlled delivery operations are normally carried out on a multi-agency basis with Garda assistance. The multi-agency Operation Samhna, which resulted in the seizure of an estimated 120 million cigarettes at Greenore on 27 October 2009, is a prime example of the fruits of a multi- agency cooperation in the fight against organised crime. The Revenue Commissioners have assured me that the multi-agency approach is now standard practice in all large-scale fiscal smuggling operations and that, in this particular operation, the high level of co-operation contributed directly to the success achieved. I am advised by the Garda authorities that all members of An Garda Síochána are tasked with enforcing criminal legislation in collaboration with other relevant agencies within and outside the State. The Anti-Racketeering Unit, within the National Bureau of Criminal Investi- gation, provides expert guidance and support to Divisional and District Garda personnel tasked with the investigation of the importation and sale of illicit and counterfeit goods, including cigarettes. The Criminal Assets Bureau, in conjunction with the Revenue Commissioners (Customs & Excise) and Her Majesty’s Revenue and Customs have been involved in a number of operations targeting the large scale importation of cigarettes by organised crime gangs. These investigations have resulted in a number of actions by the Criminal Assets Bureau against individuals involved in this activity. As part of its statutory remit the Criminal Assets Bureau will continue to target the proceeds of this criminal activity. An Garda Síochána, separately and in conjunction with the Revenue Commissioners, will continue to target offenders who are found to be engaged in the sale and/or distribution of counterfeit/contraband cigarettes. I am advised by both organisations that there is an excellent level of cooperation and sharing of information between them and that they will continue to work closely on these and other issues.

Prison Committals 13. Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of people that were imprisoned for failure to pay fines and civil debts to date in 2010; and if he will make a statement on the matter. [19456/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can advise the Deputy that the number of such persons actually held in custody at any one time is a minute fraction of the overall prisoner population. To illustrate this point, 9 prisoners out of a total of 4214 or 0.2% of the prison population on 10 May 2010 fell into this category. As the Deputy will know the new Fines Bill completed Report and Final Stage in the Seanad earlier this week. The Bill makes provision for the use of non-custodial options for the non-payment of fines 95 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] such as Community Service. I expect the number of committals for non-payment of fines to fall substantially once this legislation comes into force. I wish to inform the Deputy that the number of committals to prison for failing to pay fines is 1431 up to and including 31st March 2010. The number of committals for the same period for failing to pay a civil debt is 3.

Prison Building Programme 14. Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the progress made over recent months on the Thornton Hall project; if consideration has been given to rethinking the project in favour of a more feasible smaller institution; and if he will make a statement on the matter. [19608/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy is aware the Government has re-affirmed its commitment to developing a new prison campus at Thornton Hall, County Dublin and also approved the launch of a new tendering process for the construction of a more affordable and better value prison campus at Thornton. The aim is to provide good quality, regime focussed prison accommodation with appropriate support and rehabilitative facilities for prisoners to prepare them for re-integration back into society. As previously stated, the new prison facility will provide accommodation for 1,400 cells with operational flexibility to accommodate up to 2,200 in a range of security settings and facilities. The Irish Prison Service is satisfied that the scope and scale of the project is appropriate given the current level of committals. The development of the new prison at Thornton Hall, County Dublin is proceeding on a phased basis. Phase one comprises essential enabling works required for the prison development. These works include the construction of the dedicated access road, perimeter security wall and various off-site services. Phase two of the project comprises the various prisoner accommodation blocks, workshops, education facilities and administration buildings. Tenders for the design and construction of the access road to serve the prison development were issued in March this year. The competition is still in progress and it is anticipated that contract award will take place in June with construction work commencing on site in July. It is intended that tender documents for various off-site works will be issued later this month with construction work expected to commence in September this year. The tender documentation for the design and construction of the perimeter wall of the prison is currently at an advanced stage of preparation. It is intended to invite tenders for this phase of the project by the end of September with the construction work commencing immediately following the completion of the access road in January 2011. The construction of the perimeter wall is estimated to take about 12 months to complete. In relation to the main prison development, the National Development Finance Agency acting on behalf of the Irish Prison Service, has initiated an EU wide tender competition for the appointment of multi-disciplinary technical advisors for the project. The technical advisors will develop the output specification and other tender documents which will be the subject of a tender competition later this year. It is anticipated that the prison will be operational within 3 years from the commencement of the construction of the main prison campus. The detailed design of the new prison has not yet been finalised. When designing a new prison, the Irish Prison Service must take into consideration a whole range of factors. These include the need to provide sufficient accommodation to meet current and future committals from the courts, the need to provide safe, secure custody for offenders and, the provision of 96 Questions— 13 May 2010. Written Answers appropriate rehabilitation services in order to prepare offenders for re-integration back in to society on completion of their sentence. The new prison at Thornton Hall will be a campus style development with a range of prisoner accommodation units and security settings within the perimeter wall. I am confident that this is the best option to meet the needs of the Irish Prison Service and to deliver the type of prisoner rehabilitation programmes that are not currently possible at Mountjoy due to the lack of basic infrastructure and the historical nature of the buildings which date back to 1850.

National Drugs Strategy 15. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the position regarding his response to head shops; and if the Bill he has discussed with the media will alter the currently very slow process by which drugs are banned. [19651/10]

17. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform his legislative approach to the growing problem of head shops in the State; and if he will make a statement on the matter. [19426/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 15 and 17 together. As part of a multi-pronged approach targeting the activities of head shops, the Government made two important decisions earlier this week. The primary vehicles for regulating psychoactive substances are the Misuse of Drugs Acts 1977 and 1984. Accordingly, the Government made an order declaring certain substances, including mephedrone, to be controlled drugs for the purposes of the 1977 Act. The Minister for Health and Children has made the necessary statutory instruments to control these substances, which include the mainstream of psychoactive substances being sold in head shops. The instruments make the possession and sale of these substances illegal and subject to criminal sanctions and they can be dealt with using all the powers available under the Misuse of Drugs Act. However our experience with head shops has shown that new psychoactive substances can appear with little notice. These new substances can be exploited by suppliers who make them available without regard to the well being of the individuals or society at large before they are subject to regulation. I believe that the public safety issues are too serious to allow such a situation to arise again. Accordingly, the Government has also approved my proposals for a general criminal justice response to deal with the supply of new psychoactive substances as they emerge, which will operate in addition to the Misuse of Drugs Acts controls. The Criminal Justice (Psychoactive Substances) Bill, which the Government has approved for drafting as a matter of priority, will bring the full force of the criminal justice system to bear down on the activities of head shops or any other supplier engaged in the sale of unregulated psychoactive substances. Under the proposed Bill, I am providing that the sale or supply of unregulated psychoactive substances for human consumption will be a criminal offence. In addition I intend to give appropriate powers to the Gardaí and to the courts to intervene quickly in a non criminal procedure to prevent the sale of such products by way of appropriate prohibition orders. The Bill will also contain full search and seizure powers for the Garda Síochána and Revenue’s Customs Service.

97 Questions— 13 May 2010. Written Answers

Youth Crime 16. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform his views on the reported significant increase in juvenile crime, with the number of juveniles charged with criminal offences in the Children’s Court increasing by 90% between 2004 and 2008; the steps he will take to combat the increase in juvenile crime; and if he will make a statement on the matter. [19592/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I presume the Deputy is referring to the Irish Independent article on 4th May 2010 which alleged that, between 2004 and 2008, there was an increase of 99.6% in the number of young people charged before the criminal courts. I would like to reassure the Deputy that this government takes the issue of youth crime very seriously. However it is important to note that the real increase in the period is nothing as dramatic as that claimed in the article. The article in question quotes from the Courts Service annual reports for 2004 and 2008. However it fails to compare like with like. The 2004 report states clearly that the statistics in question relate only to the Dublin Metropolitan Court, whereas the 2008 Courts Service annual report gives national statistics. To more accurately compare the national statistics for youth crime for this period, I would recommend the Deputy consult the Annual Reports of the Committee appointed to monitor the Garda Diversion Programme. The reports for 2004 and 2008, which are available on the Irish Youth Justice Service website (www.iyjs.ie), show a 25.7% increase in the number of children deemed unsuitable for diversion, from 2,718 to 3,417. This provides a reliable indicator of the number of children prosecuted before the courts. The 25.7% increase is not out of line with the overall increase in referrals to the Diversion Prog- ramme for the same period, which was the order of 21.3%. This increase was substantially based on an increase in road traffic legislation enforcement in 2006 and on the general increase in Garda numbers in the same period. Tackling youth crime is a key priority for this Government. The Government’s policy on youth crime is set out in detail in the National Youth Justice Strategy 2008-2010. This strategy is underpinned by the principles of the Children Act 2001. The approach adopted by the Government involves the deployment of Garda Juvenile Liaison Officers and the use of measures such as the Garda Diversion Programme, Garda Youth Diversion Projects, Young Persons Probation Projects, community sanctions and the incremental process of warnings, good behaviour contracts and anti-social behaviour orders, all of which attempt to confront youth crime and related behaviours in an incremental way. The combination of these various measures, with detention as a last resort, offer a comprehensive and effective response to the question of youth crime. lt is important to note that these measures do not provide an easy option for young offenders. They are designed to tackle offending behaviour and can also involve close supervision, curfews and other restrictions. There is a comprehensive range of measures available to the courts, including, where appropriate, sufficient places to meet the needs of the courts for the detention of young offenders. It is important to note, however, that the imposition of any particular sanction is a matter for the courts.

Question No. 17 answered with Question No. 15.

Criminal Justice (Amendment) Act 2009 18. Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform if all sections of the Criminal Justice (Amendment) Act 2009, have been brought into operation; the number of occasions on which the powers contained in the Act have been used since its enact- 98 Questions— 13 May 2010. Written Answers ment; the number of prosecutions transferred to the Special Criminal Court under the provisions of section 8 of the Act; the number of charges that have proffered under the powers contained in the Act; and if he will make a statement on the matter. [19618/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy is aware, the Criminal Justice (Amendment) Act 2009 entered into force, in its entirety, on 23 July 2009. The primary purpose of the legislation is to make additional measures available to An Garda Síochána to combat organised crime. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. Given the serious nature of the offences dealt with under the legislation in question a full and thorough investigation of individuals and their activities is necessary and must be conducted before charges can be brought against them. The Garda Commissioner has assured me that the Gardaí are utilising the legislation fully. I am advised by An Garda Síochána that as a result of investigations focussing on organised crime a number of Garda investigation files have been submitted to the Director of Public Prosecutions for direction. Relevant statistics in relation to the utilisation of the Criminal Justice (Amendment) Act 2009 will be compiled in the context of seeking the renewal of certain provisions later this year. However, I can inform the Deputy that four people have already appeared before the Courts this week charged with offences under the legislation relating to participation in organised crime activity. This happened in recent days. Given that these cases are now before the Courts, it would be inappropriate for me to comment further at this time. I can assure the Deputy that An Garda Síochána will continue to utilise all resources available to them in order to combat the activities of those engaged in criminality of all forms. As Minister, I remain fully committed to supporting them in their ongoing efforts and will ensure that the necessary resources are made available as and when they may be required.

Garda Investigations 19. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform if, arising from a written submission made by the Garda Sergeant at Celbridge on 25 June 2008 concerning the closure of a pedestrian right of way (details supplied) in Celbridge, County Kildare, he will provide a list of the complaints made by the public and that were logged or recorded at the Celbridge Garda station in the two years prior to the submission; the dates of each complaint; the nature of the complaint; if they concerned loitering, public drinking, littering, assault, noise and so on; the specific actions taken by the gardaí in relation to each complaint; if the offenders were questioned; if so, the number and dates of same; if offenders were arrested; if changes were prepared, the number and dates of each; and if he will make a statement on the matter. [19393/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that local Garda management is aware of difficulties being experienced by residents in the area referred to by the Deputy as a result of incidents of public disorder and anti-social behaviour. I am further informed that Garda records indicate that, between February, 2001 and November, 2009, there were eighteen incidents recorded as having occurred in this area — five incidents of property related crimes, seven incidents of criminal damage, one incident of theft from a vehicle and five incidents of anti-social behaviour. The Deputy will be aware that it is not the practice to comment on issues which are operational matters for the Garda authorities. 99 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.]

The area is subject to regular patrols by uniform and plain clothes units, including the Com- munity Policing Unit and local Detective Units, with additional uniform and plain clothes patrols and checkpoints conducted under Operation Anvil by Divisional detective and Traffic Corps personnel. Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. Current policing strategies are designed to prevent crime, public order offences and anti- social behaviour, and community policing is a central feature and core value of policing policy. This will ensure an environment conducive to the improvement of the quality of life for residents.

Irish Prison Service 20. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform his views on the overcrowded conditions in prisons here in view of the recent resignation of a prison governor (details supplied) citing impossible conditions in the prison as the reason for their resignation; and if he will make a statement on the matter. [19394/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I would like to advise the Deputy that the Governor referred to in his question has, in fact, retired from the prison service and has not resigned as he has stated. On 10 May, 2010 there were 4,214 persons in custody compared to a bed capacity of 4,066. The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. The Deputy will also be aware of the Government’s commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison campus will have approximately 1,400 cells on a 130 acre site. The new prison facility will have operational flexibility to accommodate up to 2,200 in a range of security settings. The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were published in March of this year and tenders for the construction of the perimeter wall will be published in September. Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation. 100 Questions— 13 May 2010. Written Answers

The Dochas Centre, which accommodates the majority of female prisoners in Ireland, was purpose built and specifically designed for women and is recognised internationally as a model of best practice with extensive rehabilitative programmes and courses available for the female prisoners accommodated there. However, since the facility was opened it regularly accommodates prisoner numbers in excess of its design capacity. Accordingly, the Irish Prison Service introduced contingency measures including the installation of bunk beds — to alleviate the practice of women sleeping on mattresses on floors. These contingency measures were discussed with the Governor at the time. In the medium term, work is due to commence on converting an administrative building on the Dochas site into a new accommodation block. This will provide 30 rooms with sufficient area to double up if required and is due to be completed by August/September, 2010. In the long term the Dochas Centre is to be replaced by a new women’s prison at the prison development at Thornton Hall, Co Dublin. This will provide accommodation for approximately 200 women. The design will be based on the concept of single room occupancy, will allow for the separation of sentenced and non-sentenced offenders and will afford a greater opportunity of enhanced regimes thus allowing for greater flexibility.

Bench Warrants 21. Deputy Ulick Burke asked the Minister for Justice, Equality and Law Reform the number of bench warrants that are outstanding; and if he will make a statement on the matter. [19404/10]

146. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of warrants for arrest on foot of criminal charges outstanding at present; the average length of time for execution of such warrants; and if he will make a statement on the matter. [19758/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 21 and 146 together. I am informed by the Garda authorities that there are 37,394 bench warrants recorded as unexecuted as of 10 May, 2010. Information requested by the Deputy on the average length of time taken to execute a warrant is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources. However, in 2008 the majority of bench warrants received by An Garda Síochána were executed within three months. It is inevitable in any criminal justice system that at any given time there will be a significant number of warrants awaiting execution. The Garda authorities are committed to strengthening the warrants enforcement process. The Commissioner has raised the issue of the execution of warrants with each Regional Assistant Commissioner and a range of measures, aimed at reducing the number of warrants on hand, have been identified and are being implemented. These measures include the re-assignment of additional Gardaí to this function and the appointment of Inspectors with responsibility for execution of outstanding warrants. The position is being closely monitored by senior Garda management and consideration will be given, at an organisational level, to introducing further measures to address the issue if necessary. It should be borne in mind too that the vast majority of the outstanding bench warrants relate to unpaid fines for modest sums, arising from minor infractions of the law and not convictions arising from violent and other serious crime. An Garda Síochána gives priority to the execution of warrants in respect of serious crime. 101 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.]

The Fines Bill 2009 provides for the payment of fines by instalments and an improved means of assessing the capacity of a person to pay a fine. It also gives the courts powers to make a community service order in default of non-payment of a fine. As a result, imprisonment for default should in future become the exception rather than the rule. Moreover, since so many warrants relate to financial penalties, these proposals should result in less warrants being issued. Furthermore, the Enforcement of Court Orders (Amendment) Act 2009, ensures that a debtor cannot be imprisoned if he or she is unable to pay the debt and will tend to result in a smaller number of warrants being issued. The operation of the warrants system will continue to be monitored, particularly with a view to making whatever changes may be necessary to improve its operation.

Garda Strength 22. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the number of the 170 Garda promotions, for which Cabinet approval has been given to fill vacancies arising from the many retirements now being experienced by the force, that have now been made; when he expects this process to be completed; and if he will make a statement on the matter. [19606/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will be aware, the moratorium on recruitment and promotions in the Public Service applies to the Garda Síochána, both sworn members and civilian support staff. The situation is continually kept under review in consultation with the Garda Commissioner and derogations can be sought in exceptional circumstances from the Minister for Finance. I recently received sanction from the Minister for Finance for the filling of approximately 170 vacancies in An Garda Síochána. There will also be consequential vacancies arising from these promotions and sanction from the Minister for Finance to fill these vacancies has been obtained. In total there has been 205 promotions so far and there are currently competitions being held for the promotion of Sergeants to the rank of Inspector and from Inspector to the rank of Superintendent, which are expected to be finalised shortly.

Prisoner Releases 23. Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform his plans to reform the remission regime in prisons; and if he will make a statement on the matter. [19408/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Having noted the proposal of the Fine Gael Justice spokesperson in a recent Adjournment Debate to introduce further remission incentives, I have no plans to revise the remission regime in prisons at this time. As the Deputy may be aware, the majority of prisoners are entitled to statutory remission of one quarter of their sentence. Section 59(2) of the Prison Rules 2007, allows for the discretionary granting of additional remission up to one third where a prisoner has shown further good conduct through his engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community. I can at the outset advise the Deputy that this additional concession will only be awarded in exceptional cases and where I am satisfied beyond any doubt that the prisoner concerned has demonstrated that she/he meets the requirements as set out in the Prison Rules. Perhaps I should also point to the fact that despite this additional opportunity to earn additional remission our remission rates are significantly below the level currently operating in the UK and Northern 102 Questions— 13 May 2010. Written Answers

Ireland for automatic conditional release where rates of 50% are in place. While there are a number of applications for extra remission under consideration at present, to date only one prisoner has been granted this concession.

Crime Levels 24. Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform his views on the recent figures from the Central Statistics Office showing significant increases in 12 of the 16 main recorded offence groups between 2004 and 2008; the steps he is taking to counter this upward trend in crime; and if he will make a statement on the matter. [19594/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The report referred to by the Deputy is the Central Statistics Office publication Garda Recorded Crime Statistics 2004-2008, which gives greater detail on previously published statistics. While the report indicates increases in a number of crime categories over the four year period, I am pleased to note that there were decreases of 20% in sexual offences, 15% in robbery, extortion and hijacking offences, 9% in homicide offences and 1% in burglary and related offences. Increases in a number of categories, such as public order and controlled drug offences, can be attributed predominantly to increased Garda enforcement activity. The most recent recorded crime statistics published by the CSO, for the first quarter of 2010, show a decrease in 13 of the 14 crime groups for which statistics are given, compared with the same quarter in 2009. This shows that the Government’s policies on tackling crime and the resources made available, along with the outstanding work of the dedicated members of An Garda Síochána, are having a positive effect. Significant decreases in the numbers of cases of manslaughter and dangerous driving leading to death contributed to a fall in homicide offences of 28% in the first quarter. There were also welcome decreases in sexual offences, which were down 5.8%, and controlled drug offences, which were down 17.2%. While there is no acceptable level of homicide, the number of cases of murder and manslaughter combined showed no increase either in the quarter or in the year to the end of the quarter. There was an increase of one in the number of murders in the quarter. The Gardaí face severe challenges in dealing with gangland murders. It was partly against that background that last year I introduced two groundbreaking pieces of legislation: the Crimi- nal Justice (Surveillance) Act and the Criminal Justice (Amendment) Act. Since the legislation was enacted, the Gardaí have been utilising it fully to build up cases against those involved in gangland crime. Charges are being brought under the new legislation. In addition, there are files with the Director of Public Prosecutions, and more are being prepared for submission to him. The Criminal Procedure Bill 2009, currently before the House, gives effect to the measures contained in the Justice for Victims Initiative. The Bill proposes to end the ban on retrying persons who have been acquitted in specified circumstances and provides for reform of the law on victim impact statements. I have introduced the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010, which will see the establishment, for the first time, of a national DNA database in Ireland. This represents a major step forward in the fight against serious crime and will give An Garda Síochána access to intelligence on a scale and of a quality that has never before been available in this country. Both the Commissioner and I have been concerned at the level of property theft and one of the policing priorities which I set for An Garda Síochána in 2010 is achieving maximum levels of safety for local communities. An Garda Síochána will continue to develop and implement strategies to target those committing such crimes, which are often carried out against vulnerable members of the community. In this regard, I have met the Attorney General about the issue 103 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] of mandatory sentencing for such crimes, and he has requested the Law Reform Commission to examine the issue. I will consider whether any further measures are required in the context of the examination by the Law Reform Commission and advice from the Attorney General. The budgetary allocation for An Garda Síochána in 2010, set against a difficult economic backdrop, amounts to €1.5 billion and gives me the scope to continue to prioritise resources in dealing with crime. Despite the increased Garda retirements in 2009, the force numbered just over 14,500 members at the end of 2009, compared with 14,412 at the end of 2008 and 13,755 at the end of 2007. I have received sanction for a significant number of promotions in An Garda Síochána, notwithstanding the current moratorium on promotions in the public service. I welcome the recent publication of a Garda Inspectorate report on resource allocation in An Garda Síochána and recommendations which aim to improve the service to the public and the working conditions of frontline Gardaí. The Commissioner is preparing to implement a range of improvements to resource allocation systems.

Garda Operations 25. Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the action the Gardaí plan to take in regard to the continued operation, especially in the Dublin area, of gaming arcades and other premises operating in breach of the Gaming and Lotteries Act 1956, particularly in regard to the maximum permitted stake; and if he will make a statement on the matter. [19621/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy is no doubt aware, under the Gaming and Lotteries Acts 1956-2003, it is a matter for the Garda Síochána to investigate breaches of the legislation and to take whatever action is deemed appropriate. I have been assured that such premises receive Garda attention and if breaches of the legislation are detected appropriate action taken. If the Deputy has information about any specific breaches of the relevant provisions of the Acts she should bring them to the attention of the Gardaí, alternatively I would be happy to forward them to the Garda authorities on her behalf.

Probation and Welfare Service 26. Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform his views on whether the reduction in the number of probation officers and community service supervisors resulting from the moratorium on recruitment is compounding the overcrowding problem in our prisons. [19655/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will be aware the Probation Service of my Department has been re-focussing its work in more recent years and part and parcel of that refocussing has been the provision of an increased level of resources. This has meant that despite the impact of the Moratorium and other associated measures such as the Incentivised Scheme of Early Retirement (ISER) and the Incen- tivised Career Break Scheme (ICBS), the number of staff working in the Service is still greater than at the end of 2006 and only marginally less than at the end of 2007. Excluding those vacancies arising from staff availing of ISER and ICBS, both of which Schemes were specifically designed to reduce Civil Service numbers, 28 whole-time equivalent vacancies have arisen since the introduction of the Moratorium. Of these, 21 are in the ranks of Probation Officer/Community Service Supervisor with the remainder from Administrative Support Staff. My Department and Probation Service management are keeping the situation under constant review and in the meantime are ensuring that the resources at the disposal of the Service are 104 Questions— 13 May 2010. Written Answers managed as effectively and efficiently as possible. I can confirm that the Courts have been made aware of the impact of the Government’s moratorium on recruitment and priority is being given to assessments that are legally required to be carried out by the Probation Service. I am satisfied that the role of the Probation Service in the operation of the Community Service Scheme continues to provide an alternative to custody for a range of offenders considered suitable to be placed on the Scheme. I do not accept the suggestion in the Deputy’s question that there is a link between resources provided to the Probation Service and committals to prison which are judicial decisions made independently of the executive. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody by the courts who are independent in the exercise of its function. The Irish Prison Service does not have the option of refusing committals. Overcrowding in prisons is an international problem and is not unique to Ireland. I do acknowledge that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents an approximate 8% rise in the number in custody. The Government has responded to the increasing level of committals to the prison system by providing significant resources to upgrade, replace and increase our prison cell places. This is evidenced by the fact that since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term in Wheatfield and 300 prison spaces in the medium term in the Portlaoise/Midlands prisons complex. The Deputy will also be aware of the Government’s commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison campus will provide approximately 1,400 cells on a 130 acre site and will have operational flexibility to accommodate up to 2,200 inmates in a range of security settings.

Crime Levels 27. Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform the number of times that the Army bomb disposal unit has been called out to deal with suspect devices to date in 2010; and if he will make a statement on the matter. [19416/10]

74. Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the number of occasions in 2007, 2008, 2009 and to date in 2010 in which grenades, bombs or improvised explosive devices have been used; the number of occasions in each year when the gardaí called on the assistance of the Army Ordinance Unit to deal with such devices; the number of prosecutions initiated as a result of the discovery of such devices; his views on the increased use of such devices by criminal elements; the steps that are being taken to curb the use of these devices particularly having regard to the danger that they pose the public; and if he will make a statement on the matter. [19617/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 27 and 74 together. I am informed by the Garda authorities that the number of times the Garda Síochána called on the assistance of the Army’s Explosive Ordnance Disposal team for the years 2007 to 2010 (to 10 May) are as set out in the following table:

105 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.]

2007 2008 2009 2010

98 180 196 65

I am informed by the Garda authorities that in the period in question proceedings commenced in 18 cases. Garda strategies in counteracting such activities are firmly focused on disrupting organised criminal groups and where sufficient evidence is adduced, proffering charges and bringing persons before the Courts. One of the priorities I have set for the Garda Síochána in 2010 is combating serious crime, in particular organised crime. Operation Anvil is an important nationwide operation to deal with serious crime, including murder and other violent crime. The primary focus of this Operation is to target active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrols.

Temporary Release of Prisoners 28. Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform the number of prisoners that were given temporary release in 2009; the number of same that have gone on to re-offend; and if he will make a statement on the matter. [19400/10]

43. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform the number of prisoners that were given early release in 2009; the number of same that have gone on to re-offend; and if he will make a statement on the matter. [19397/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 28 and 43 together. It is not possible to provide figures to the Deputy as requested as this would require the manual examination of records going back over a considerable time period. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. The Irish Prison Service recently facilitated a major study of prisoner re-offending by the UCD Institute of Criminology. The study found that 27.4% of released prisoners were serving a new prison sentence within one year. This rose to 39.2% after two years, 45.1% after three years, and 49.2% after four years. These figures are comparable to other countries where similar studies have been conducted. The Criminal Justice Act 1960, as amended by the Crimi- nal Justice (Temporary Release of Prisoners) Act 2003 provides that the Minister may approve the temporary release of a sentenced prisoner. This discretionary instrument assists in gradually preparing suitable offenders for release, in administering short sentences, in addressing humanitarian issues and can be an incentive to well-behaved prisoners. It should be noted that a prisoner on temporary release is still subject to his or her sentence and may be returned to prison without any court intervention. Temporary release arrangements are an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each case is examined on its own merits and the safety of the public is paramount when decisions are made. In addition, all releases are subject to 106 Questions— 13 May 2010. Written Answers conditions, which in the vast majority of cases include a requirement to report on a regular basis to the offender’s Garda Station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí.

Drugs in Prisons 29. Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform the number of prisoners that have tested positive for drugs in Mountjoy Prison, Dublin, to date in 2010; and if he will make a statement on the matter. [19444/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information requested by the Deputy is currently being compiled and will be forwarded to the Deputy as soon as it is available.

Prison Committals 30. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prisoners currently incarcerated; the number on short term, daily or other forms of release on a monthly basis throughout the past 12 months; the number on early release; the number of prisoners per cell throughout the prison service over the same period; the number of cells with an occupancy rate from one to the maximum over that period; the number of empty cells over the period; the full extent of drugs, weapons or other materials deemed a threat to the security system detected or seized within the prisons during this period; the action taken arising therefrom; when it is expected that normal occupancy and security will be achieved; and if he will make a statement on the matter. [19649/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the number of persons in custody on the 10 May 2010 was 4,214. As the Deputy is aware periods of temporary release granted can vary greatly from a few hours following a family bereavement to, for example, a requirement to report to the prison every 12 months in the case of a life sentence prisoner who has been released into the community a considerable time ago. It is not possible to provide figures to the Deputy for all forms of temporary release for the period requested as this would require the manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. I am informed by the Irish Prison Service that the number of prisoners on temporary release on 10 May 2010 was 844. This represented approx 16.5% of the overall prisoner population for this day. As I have previously stated to the house the Irish Prison Service must accept all prisoners committed by the Courts and does not have the option of refusing committals. Their options are simple, they either hold them or release them. I believe the public interest must be protected from the inappropriate release of offenders who may pose a risk to the community. Accordingly the Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accom-

107 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] modation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. The Deputy will also be aware that I have reconfirmed the Govern- ment’s commitment to developing a new prison campus at Thornton Hall, County Dublin. The breakdown of the available cell accommodation throughout the prison estate is listed in the table:

Single cells Double Cells Treble Cells Quadruple Cells More than 4 Total available persons in cell cells

1,702 809 158 67 9 2,745

It should be noted that some prisons/place of detentions have dormitory style accommodation. In the case of Castlerea Prison, 55 prisoners are held in “The Grove” which is regarded as residential type accommodation. Currently the main spare capacity within the prison estate are on the subversive landings in Portlaoise Prison. For operational and security reasons “ordinary” prisoners cannot be accommodated on subversive landings. The number of drug seizures for each prison for 2009 and to 2 May 2010 is set out in the table:

Prison/Place of Detention Number of Drug Seizures in 2009 Number of Drug Seizures in 2010 (until 2/5/10)

Arbour Hill Prison 0 0 Castlerea Prison 65 23 Cloverhill Prison 97 25 Cork Prison 35 18 Dóchas Centre 11 3 Limerick Prison 75 71 Loughan House 12 11 Midlands Prison 93 31 Mountjoy Prison (male) 547 287 Portlaoise Prison 20 10 Shelton Abbey 19 4 St. Patrick’s Institution 92 42 Training Unit 60 8 Wheatfield Prison 167 45

Total 1,293 579

It is important to note that a large percentage of these seizures are not directly from prisoners but are instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of the newly introduced security measures. The Irish Prison Service continues to work to implement its Drug Policy and Strategy, entitled “Keeping Drugs Out of Prison”, which was launched in May 2006. Working to fulfil the commitments contained in the Policy and Strategy involves the implementation of stringent measures to prevent drugs from getting into prisons while, at the same time, continuing to invest in services within prisons to reduce the demand for illicit drugs in the prisoner population as well as meeting prisoners treatment and rehabilitative needs. Drug users present with multiple and complex problems. The evidence would indicate that a multidisciplinary approach is needed to effectively care for this group and that maintenance of a personalised therapeutic relationship yields the best outcomes. Prisoners have access to a 108 Questions— 13 May 2010. Written Answers range of medical and rehabilitative services such as psychosocial services and work and training options which assist in addressing their substance misuse issues. The Irish Prison Service has committed significant investment in recent years in responding to addiction issues in the prison system. The most significant new development was the awarding of a contract for addiction counselling services to Merchants Quay Ireland. The Addiction Counselling Service is, in conjunction with other developments, now delivering nearly 1,000 hours per week of prisoner access to addiction counselling across the prison system. The number of weapons seized by the prison and the Operational Support Group for the same period is set out in the table:

Prison/Place of Detention Number of weapons seized in 2009 Number of weapons seized in 2010 (until 2/5/10)

Arbour Hill Prison 0 0 Castlerea Prison 160 36 Cloverhill Prison 151 25 Cork Prison 66 20 Dóchas Centre 3 2 Limerick Prison 78 71 Loughan House 2 2 Midlands Prison 59 27 Mountjoy Prison (male) 573 127 Portlaoise Prison 21 4 Shelton Abbey 0 0 St. Patrick’s Institution 183 72 Training Unit 5 5 Wheatfield Prison 172 37

Total 1,473 428

It is important to note that a large percentage of these seizures are not directly from prisoners but are instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of the newly introduced security measures. The mission of the Irish Prison Service is to provide safe, secure and humane custody for those placed into custody. This is one of the main reasons for the introduction of recent security initiatives, such as airport style security screening including x-ray machines and scanning equipment, the establishment of the Operational Support Group, the establishment of the Drug Detection Dog Service within the Irish Prison Service, the segregation of a number of serious drug and criminal gang members in a high security unit in Cloverhill Prison and the use of phone detectors and phased installation of telephone blocking technology. No level of inter-prisoner violence is acceptable. Every effort is made by prison staff and management to limit the scope of acts of violence. While the prison regime is designed to limit the scope of acts of violence, it is not possible to completely eliminate the possibility of such acts in prisons holding a high proportion of violent offenders without introducing a regime that would be unacceptable. Recent statistics indicate that since the new security measures were implemented, there is a trend towards more homemade weapons being used, for example, weapons made out of perspex, sharpened toothbrushes, a pool ball in a sock, brush handles or water jugs. 109 Questions— 13 May 2010. Written Answers

Prison Building Programme 31. Deputy John Perry asked the Minister for Justice, Equality and Law Reform the amount of money that has been spent on the Thornton Hall project to date in 2010; the way in which this money has been spent; and if he will make a statement on the matter. [19441/10]

77. Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform the position of the Thornton Hall prison facility; the amount that has been spent on the facility by the State thus far, including acquisition of land; and if he will make a statement on the matter. [19648/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 31 and 71 together. The development of the new prison campus at Thornton Hall, County Dublin is proceeding on a phased basis. Phase one comprises essential enabling works required for the prison development. These works include the construction of the dedicated access road, perimeter security wall and various off-site services. Phase two of the project comprises the various prisoner accommodation blocks, workshops, education facilities and administration buildings. Tenders for the design and construction of the access road to serve the prison development were issued in March this year. The competition is still in progress and it is anticipated that contract award will take place in June with construction work commencing on site in July. It is intended that tender documents for various off-site works will be issued later this month with construction work expected to commence in September this year. The tender documentation for the design and construction of the perimeter wall of the prison is currently at an advanced stage of preparation. It is intended to invite tenders for this phase of the project by the end of September with the construction work commencing immediately following the completion of the access road in January 2011. The construction of the perimeter wall is estimated to take about 12 months to complete. The National Development Finance Agency acting on behalf of the Irish Prison Service, has initiated an EU wide tender competition for the appointment of multi-disciplinary technical advisors for the project. The technical advisors will develop the output specification and other tender documents which will be the subject of a tender competition later this year. A total of €42.24 million has been expended on the project to end March 2010. This sum includes the site cost of €29.9 million. The cost of the site was offset by the sale of surplus prison lands at Shanganagh, County Dublin. An additional 8.7 acres has also been acquired at a cost of €1.3 million to provide a dedicated access route to the main prison site. This was done following representations from the local community which reflected concern in relation to the potential effect of increased traffic generated by the prison development. This sum also includes €7.095 million expended on professional fees, €2.919 million on site preparation and various surveys, €0.468 million on landscaping and €0.553 million on security. As is the case with all major infrastructure projects a comprehensive set of geological, engineer- ing and archaeological surveys have been undertaken at the site. These surveys will help to reduce the overall construction programme once a contract for the construction of the prison is awarded.

Drugs in Prisons 32. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the call made by the Irish Prison Officers’ Association for more

110 Questions— 13 May 2010. Written Answers sniffer dogs to prevent drugs being smuggled into prisons, particularly to check vehicles entering prisons; his plans to respond to this call; and if he will make a statement on the matter. [19591/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am aware of the call by the Prison Officers’ Association for more sniffer dogs. In June 2007, the Government approved the resources necessary to introduce a range of security measures to target the routes whereby contraband such as drugs, weapons and mobile phones are trafficked into our prisons. One such measure was the establishment of a Drug Detection Dog Service comprising 25 teams in operation right across the prison estate. I am advised by the Director General of the Irish Prison Service that the introduction of this drug detection initiative has been a huge success and has made significant finds of drugs at source. There are 2 new handlers in training which will bring the total number of handlers to 28.

Legal Code 33. Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform his views on sacerdotal privilege; and if he will make a statement on the matter. [19453/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The common law provides that a privilege not to disclose “confidential” communications in the course of legal proceedings may be claimed in certain circumstances. One such set of circumstances includes sacerdotal privilege which may apply to a confidential communication between a priest and par- ishioners. I have no immediate plans to introduce legislation on the question of privilege.

Garda Transport 34. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of Garda personnel engaged in providing driver and security services to the members of the Government, members of the Judiciary, former Taoisigh or former Ministers; his plans to review the numbers involved with a view to transferring some of these Garda officers to front-line duties fighting crime; and if he will make a statement on the matter. [19612/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda Commissioner that there are 56 members of An Garda Síochána perma- nently assigned duties as Garda Protection Officers to 27 designated persons including current Office holders and former Taoisigh. Included in the duties of the Protection Officer is a requirement to drive the Protected Person. There are no protection officers assigned to former Ministers. Responsibility for the allocation of personnel rests with the Garda Commissioner, in conjunction with his senior management team. Resource levels are constantly monitored and are kept under review.

Departmental Reports 35. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform his plans to bring forward legislative proposals to change the law on debt enforcement in view of his speech to a Law Reform Commission conference on debt on 18 November 2009; and if he will make a statement on the matter. [19610/10]

111 Questions— 13 May 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The position in relation to this matter is as outlined in my reply to Question No. 228 of 11 May, 2010.

Proposed Legislation 36. Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the progress that has been made in respect of proposed amendments to the law on maintenance; and if he will make a statement on the matter. [19419/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are a number of provisions in the law for ensuring that payments continue to be made by spouses in support of their dependent spouses and children. They include enabling powers for the courts to order attachment of the earnings of a debtor spouse, to order the securing of payments to the maintenance creditor, to order the payment of lump sums and to order arrears of maintenance to be paid by instalments. While the law generally operates successfully in this area I am aware that difficulties have arisen in some cases because of the effect of a judgment of the High Court last year. The High Court judgment in that particular case had implications for sections 6 (imprisonment in the case of non-payment of debt) and 8 (imprisonment relating to non-payment of maintenance) of the Enforcement of Court Orders Act 1940. The Enforcement of Court Orders (Amendment) Act 2009 made changes in the law consequent on that judgment in accordance with legal advice. I can advise the deputy that I am currently in consultation with the Attorney General with a view to developing early proposals for amendments in respect of maintenance enforcement.

Inquiries into Garda Activities 37. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform if he has read the report Breakdown of Trust — A Report on the Corrib Gas Dispute; and if he will accede to the earlier existing Garda Ombudsman Commission request to be allowed to conduct a general investigation into policing of the protest there. [19657/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The report in question is a contribution to the debate on all the issues surrounding the opposition by some to the Gas Project in North Mayo. While the Garda Síochána Ombudsman Commission has not been asked to carry out a policy and practices review, it is the case that GSOC has investigated a large number of complaints related to policing of the protests. In the vast majority of these cases it is important to empha- sise that there has been no action recommended against the Gardaí. The policing of the protests against the project has been onerous and difficult for the Gardaí involved. However, the Gardaí are tasked with preserving law and order, without fear or favour, and with ensuring that people can go about their lawful business, including access to their work place. They will continue to uphold that principle while defending and maintaining the human rights of all involved.

Crime Levels 38. Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the number of gun murders that took place in 2008; the number of these that have resulted in prosecutions; the number of these that have resulted in convictions; and if he will make a statement on the matter. [19407/10]

112 Questions— 13 May 2010. Written Answers

46. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used from 1988 to date in 2010; the number of such cases in which prosecutions for murder were initiated; the number of such cases in which convictions were secured; if he has satisfied himself with the level of detection and conviction in such cases; and if he will make a statement on the matter. [19615/10]

88. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the steps he will take to counter the ongoing spate of gangland murders; and if he will make a statement on the matter. [19585/10]

156. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his proposals to counter the use by criminals of lethal weapons including guns; and if he will make a statement on the matter. [19768/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 38, 46, 88 and 156 together. I am informed by the Garda authorities that during the period 1998 to 2010 (to 7 May) 194 murders involving a firearm were recorded. To date proceedings have commenced in 58 of these cases, and 24 convictions secured. In 2008, 21 such murders took place. Proceedings commenced in seven of these, and one conviction secured. I am further informed that figures from 1988 to the end of 1997 are not readily available and would require a disproportionate use of Garda resources to compile. All cases of murder where proceedings have not yet been taken remain under active investigation. The detection rate by its nature increases over time as Garda investigations progress. It is expected that the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder, for example firearms offences. Furthermore, such persons charged and brought before the courts may be convicted of offences other than murder. I am, of course, deeply concerned about the incidence of gun murders and I deplore all such killings. All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so. In setting the policing priorities for An Garda Síochána in 2010, I have asked the Commissioner to continue the focus of the force on serious crime, in particular organised crime. This priority is also reflected in the Garda policing plan for this year, and specific initiatives, including under Operation Anvil and involving members of the Emergency Response Unit, have been put in place. I am informed by the Garda authorities that there are currently a number of initiatives underway targeting the activities of organised crime groups, the focus of which is to gather evidence which will support effective prosecutions, including under the new anti-gangland legislation. While An Garda Síochána have made significant progress in the investigation of a number of killings, the reality is that there can be considerable difficulties in obtaining evidence in shootings which are the result of gangland activities from associates of a victim of a gangland killing or indeed from gangland figures, even when they themselves are the victims of violence. It has also to be accepted that there is often no connection or personal association between the victim and the perpetrator, which makes it very difficult for An Garda Síochána in their investigation of such a murder. Witnesses may also be subject to high levels of intimidation not to come forward, and it is to assist such witnesses that the Witness Protection Programme is in place.

113 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.]

It was in that overall context that I introduced greatly strengthened legislation in the area of gangland crime which is being fully utilised by An Garda Síochána. I am pleased to see that charges are being brought under the new legislation. An Garda Síochána have submitted further files to the Director of Public Prosecutions, and more are being prepared for submission to him. I have also introduced further significant legislative proposals, which are currently before the House, including the Criminal Justice (Forensic Evidence and DNA Database System) and Criminal Procedure Bills, and I will not hesitate to introduce further proposals if that becomes necessary. In addition, I have secured Government approval to commence work on a new Bail Bill to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. There are already very severe penalties for firearms offices in place under the Criminal Justice Act 2006. For example, possessing a firearm with intent to endanger life and using a firearm to resist arrest or aid escape carry a mandatory minimum sentence of ten years. Pos- sessing a firearm while hijacking a vehicle, possessing a firearm or ammunition in suspicious circumstances, carrying a firearm with criminal intent and altering a firearm carry a mandatory minimum sentence of five years.

Prison Committals 39. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the annual average cost of keeping a person in prison; his views on whether the cost of committing approximately 4,500 persons to prison in the year 2009 for non-payment of fines was an unfair burden on the taxpayer apart from being unfair to many of those imprisoned who did not have the means to pay such fines; and if he will make a statement on the matter. [19395/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The average cost of an available, staffed prison space during the calendar year 2009 will be published in the Irish Prison Service Annual Report for 2009 which is due to be published shortly. However, provisional figures indicate that the average cost of an available, staffed prison space during the calendar year 2009 was €77,222 compared to €92,717 in 2008, a decrease on the 2008 cost of €15,495 or 16.7%. The decrease in average cost is attributed to the following two factors:

• a decrease in total costs of €17.7 million (of which €15.5 million relates to pay costs); and

• an increase in bed capacity of 495 from 3,611 as at 31st December 2008 to 4,106 as at 31st December 2009.

The number of committals to prison for failing to pay fines is 1431 up to and including 31st March 2010. Provisional figures collated indicate that the number of committals for failure to pay fines and civil debts in 2009 were 4,806 and 162 respectively. I can advise the Deputy that the number of such persons held in custody at any one time is a minute fraction of the overall prisoner population. To illustrate this point 9 prisoners out of a total of 4,214 or 0.2% of the prison population on 10 May 2010 fell into this category. I expect the number of committals for non-payment of fines to fall substantially once the Fines Bill 2009 has been enacted and brought into force. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals.

114 Questions— 13 May 2010. Written Answers

Crime Statistics 40. Deputy Pádraic McCormack asked the Minister for Justice, Equality and Law Reform the number of prosecutions that took place in relation to selling alcohol to persons under 18 years of age in 2009; the number of same that resulted in convictions; and if he will make a statement on the matter. [19430/10]

Garda Equipment 41. Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform when arrangements will be made to instruct members of An Garda Síochána that it is not necessary to take a longhand note of interviews with persons in custody when such interviews are being electronically recorded; and if he will make a statement on the matter. [19613/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department and the Garda Síochána, in consultation with the Office of the Director of Public Prosecutions and the Office of the Attorney General, are considering proposals for a new system which would allow the taking of contemporaneous written notes to cease where interviews are electronically recorded. There is however a complex range of training, technological and legal issues to be addressed before any changeover to a new system could take place, and of course the financial implications would have to be carefully assessed. The Garda Síochána are at an advanced stage in developing proposals for the operational aspects of a new system. Because of the complexities involved, it is likely that any new system would initially be introduced on a pilot basis to allow all the operational and legal aspects to be fully tested and evaluated.

Drug Seizures 42. Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the number of drugs seizures that have been made to date in 2010; and if he will make a statement on the matter. [19445/10]

49. Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform the quantity and values of seizures of heroin, cannabis, and other drugs within the State to date in 2010; and if he will make a statement on the matter. [19437/10]

58. Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the quantities and values of seizures of heroin, cocaine, cannabis and other drugs within the State during 2007, 2008, 2009 and to date in 2010; the proportion of the overall flow of drugs into the country that is represented by these seizures; the new initiatives that he is planning to control the flow of illegal drugs into the country; and if he will make a statement on the matter. [19614/10]

90. Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the quantity and values of seizures of heroin, cocaine, cannabis and other drugs within the State in 2009; and if he will make a statement on the matter. [19436/10]

115 Questions— 13 May 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 42, 49, 58 and 90 together. I am including with my reply a tabular statement giving the latest available information in relation to drug seizures for 2007, 2008 and 2009 and to date in 2010. Due to the covert nature of the activity, it is obviously not possible to give a reliable estimate of the proportion of drugs coming into the country that these figures represent. Through ongoing specific initiatives and intelligence-led operations An Garda Síochána continues to seize substantial quantities of illegal drugs destined for the streets in this jurisdiction and disrupting those criminals involved in the importation, distribution, sale and supply of illegal drugs in Ireland. Drugs and organised crime are being prioritised by An Garda Síochána as a core focus for 2010, through the Commissioner’s annual Policing Plan, which reflects Government strategies contained in the National Drugs Strategy. Drugs units are in place in every Garda division and work in partnership with the Garda National Drugs Unit in tackling and targeting drug-related crime. Divisional and District Policing Plans also reflect the focus of the national Policing Plan in terms of drugs enforcement. As part of a co-ordinated approach, An Garda Síochána makes full use of the international Garda Liaison Network, District and Divisional Drug Units, the Garda National Drugs Unit, the Organised Crime Unit and the Criminal Assets Bureau, as well as other specialist units and uniformed and plain-clothes personnel nationwide, in targeting drug supply reduction. An Garda Síochána also has in place a number of strategic partnerships at national and international level to address drug trafficking. However, it is clear that we cannot tackle the problem of drug misuse through law enforcement measures alone. As set out in the Government’s new interim National Drugs Strategy for the period 2009 to 2016, it is vital to address the problem in a co-ordinated way across the pillars of supply reduction, prevention, treatment, rehabilitation and research. In this context, I can assure the House that my Department, and all the agencies under its aegis, remain fully committed to this approach and to the implementation of the Strategy. The Garda authorities advise that the following tables show the quantities of drugs seized in 2007, 2008, 2009 and 2010 on the basis of cases reported to the Forensic Science Laboratory (valid as at 7 May 2010). Statistics provided for 2009 and 2010 are operational, provisional and liable to change.

2010*

Drug Type Quantity Estimated Street Value* €

Cannabis 254,745.134 grams 3,056,941.60 Cannabis Resin 203,885.181 grams 1,223,311.08 Cannabis Plants 596 plants** 238,400 Heroin 5,333.213 grams 799,981.95 Cocaine 16,230.653 grams 1,136,145.71 Ecstasy Nil Nil Amphetamine 10,325.017 grams, 25 tablets 155,000 BZP 240,694 tabs, 22.199 grams, 357 capsules 1,205,366

Total Value 7,815,056.34 *Valid to 7th May 2010 [Statistics provided for 2010 are operational, provisional and liable to change].

116 Questions— 13 May 2010. Written Answers

2009:

Drug Type Quantity Estimated Street Value* €

Cannabis 572,333 gms 6,867,996 Cannabis Resin 1,538,226 gms 9,229,356 Heroin 78,668 gms 11,800,200 Cocaine 118,259 gms 8,278,130 Ecstasy 18,711 tabs & 3,288.496 gms 257,979 Amphetamine 36,508.358 gms & 6 tablets 547,625 BZP 4,371 gms; 309,236.5 tablets; 2,360 capsules 1,776,532

Total Value 38,787,818 [Statistics provided for 2009 are operational, provisional and liable to change].

2008:

Drug Type Quantity Estimated Street Value €

Cannabis 1,018,594 gms 2,037,188 Cannabis Resin 5,371,426 gms 37,599,982 Heroin 212,619 gms 42,523,800 Cocaine 1,691,387 gms 118,397,090 Ecstasy 119,413 tablets & 1,199.5 gms 1,254,080 Amphetamine 11,794.7 gms, 1698 tablets 202,391

Total Value 202,014,531

2007:

Drug Type Quantity Estimated Street Value €

Cannabis 779,310.871 gms 1,558,622 Cannabis Resin 1,279,759.1 gms 8,957,883 Heroin 148,520 gms 29,704,000 Cocaine 1,769,027 gms 123,831,890 Ecstasy 285,017 tablets, 17,375.362 gms 3,718,920 Amphetamine 58,223 gms, 10,471 tablets 1,030,410

Total Value 168,739,218

Question No. 43 answered with Question No. 28.

Detention Centres 44. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the position regarding the Report of the Expert Group on Children’s Detention Services which recommends the development of 167 places for young persons detained by the courts; if the provision of this number of places is still his objective and if not the number of places that he plans to provide; the basis for this figure; and if he will make a statement on the matter. [19604/10] 117 Questions— 13 May 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Following consideration of the report of the interdepartmental Expert Group on Children Detention Schools, in March 2008 the Government approved the development of new national children detention facilities at Oberstown, Lusk, Co. Dublin. The estimate by the Expert Group of the likely future capacity demand of 167 places was based on an analysis of trends in juvenile detention along with data sets from An Garda Sioch- ana, the National Juvenile Office, the Courts Service (and others) and general population projections produced by the Central Statistics Office for the under 18 age group. The Irish Youth Justice Service continues to keep the capacity requirement under review, as recommended in the report of the Expert Group. This report is available on www.iyjs.ie. The design stage of the new facilities is well advanced with both concept and sketch designs to deliver 167 places on the Oberstown Campus having been completed. Work is due to commence on preparing detailed designs so that Request for Tenders documentation for the construction stage of the project can be drawn up. The Deputy will be aware that tendering for construction of the new facilities will be subject to Government approval and to the necessary funding being made available.

Guardianship of Children 45. Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform his plans to update the laws on guardianship having regard to the changes in society since the principal piece of legislation governing this area was enacted in 1964 and particularly the findings of a judgment given in the High Court on 28 April 2010; and if he will make a statement on the matter. [19620/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The code of law contained in the Guardianship of Children Acts 1964 to 1997 already provides comprehensive provisions on guardianship with significant updating. Under the law as it stands — section 6A of the 1964 Act, as inserted by section 12 of the Status of Children Act 1987 — an unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the 1964 Act, as inserted by section 4 of the Children Act 1997, conferring on the father the status of guardian. Under section 11 of the 1964 Act, a guardian may apply to the court for its direction on any question affecting the welfare of the child, including directions as to custody and access. In addition, the section provides that the unmarried father of a child, even if he is not a guardian, may apply to the court for orders on custody and access. Section 3 of the Act provides that, in deciding on an application relating to the custody, guardianship or upbringing of a child, the court shall regard the welfare of the child as the first and paramount consideration. Where appropriate and practicable, the court will also take into account the child’s wishes in the matter having regard to the age and understanding of the child. In addition, the law now places an emphasis in terms of recognising the rights of the child to the society of both his or her father and mother: Section 11D of the 1964 Act (inserted by the Children Act 1997) obliges the court in proceedings relating to the welfare of a child to consider whether the child’s best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis. These legislative provisions permit the court in cases of disagreement to decide on arrangements for the child’s care and upbringing having regard to the child’s best interests.

118 Questions— 13 May 2010. Written Answers

In the child abduction case referred to by the Deputy (J. McB. v L.E. 2010 IEHC 123) it is of some significance that the Judge of the High Court indicated that had the applicant made an application to our courts for guardianship or custody orders the outcome of the case could well have been radically different. As part of its Third Programme of Law Reform 2008-2014, the Law Reform Commission published in September 2009 a consultation paper “Legal Aspects of Family Relationships”,in which it makes provisional recommendations on the rights and duties of fathers in relation to guardianship, custody of and access to their children. The Commission has invited submissions on its provisional recommendations as part of the consultation process. The Commission’s final report and recommendations, expected to be published later this year, will help to inform the formulation of any proposals for reform of the law in this area.

Question No. 46 answered with Question No. 38.

Proposed Legislation 47. Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform his plans to legislate to restore the offence of misprision of felony; and if he will make a statement on the matter. [19596/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Misprision of felony is one of a number of offences which address the question of withholding information about serious offences. It was a misdemeanour under the common law. It was committed by a person who knew that a felony had been committed and who could have given information which might have lead to the felon’s arrest, but refrained from reporting it to the relevant authorities. Some exceptions were recognised, for example, where the information became available within the context of a privileged relationship, such as between lawyer and client, doctor and patient, clergyman and parishioner. The Criminal Law Act 1997 abolished the categorisation of offences as felonies and mis- demeanours, with effect from the commencement of that Act. The 1997 Act also introduced new offences of acting in a way that impedes the prosecution of persons who had committed an arrestable offence (section 7(2)) or of concealing an arrestable offence committed by another person in return for consideration (section 8). I also draw the Deputy’s attention to two other provisions. Section 17 of the Offences Against the State Act 1939 makes it an offence to administer an oath that requires a person to abstain from disclosing or giving information on the commission of any crime. Section 9 of the Offences Against the State (Amendment) Act 1998 makes it an offence to withhold information concerning serious offences (whether being planned or already committed). The definition of serious offence for the purposes of the Offences Against the State (Amendment) Act 1998 does not include offences of a sexual nature. Section 176 of the Criminal Justice Act 2006 deals with a more specific situation. It creates an offence of reckless endangerment of a child. The offence arises where a person is in a position of authority in respect of a child or in respect of a person who is, within the meaning of the section, an “abuser” and where that person knows that a child is at risk of harm or abuse but fails to take reasonable steps to protect a child from that risk. Having regard to the statutory provisions already in place, I have no plans for legislation in this area.

119 Questions— 13 May 2010. Written Answers

48. Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform when he expects to introduce legislation to facilitate the blocking of internet downloading of child pornography; and if he will make a statement on the matter. [19422/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The internet is a worldwide phenomenon with no borders and no single organisation controlling it. Efforts to combat illegal and harmful materials and activities on it can be hampered by the multiplicity of jurisdictions, differing legal systems and differing societal norms. Tackling internet downside issues is a complex business and continues to set new challenges and commitments for all those charged with protecting against the downside of the internet. The Office for Internet Safety (OIS) is an Executive Office within my Department which has responsibility for promoting internet safety, with a particular focus on combating child abuse imagery, more commonly known as child pornography. The OIS is advised by an Internet Safety Advisory Council, comprised of key stakeholders in the statutory, industry and community sectors. In a number of EU Member States (the UK, Denmark, Finland, Norway, Sweden and the Netherlands), a system of internet blocking/filtering has been introduced on a voluntary basis, whereby a “blocklist” of sites containing illegal child pornography is made available by the police or other competent authorities, and is utilised by individual Internet Service Providers to prevent access to such content. A small number of other Member States (Germany, France) have introduced or are considering the introduction of legislation requiring ISPs to block access to websites containing child pornography. It is generally acknowledged that all such internet blocking or filtering systems are not fool- proof and can be circumvented in certain circumstances. However, such filtering systems are understood to be useful in preventing internet users from inadvertently encountering such illegal content. Insofar as the Department of Justice is aware, standard internet service providers (ISPs) in Ireland do not currently implement any blocking/filtering system in respect of child pornography at present. This whole issue of such blocking/filtering is being considered further by the Office for Internet Safety with advice from the Internet Safety Advisory Council. In undertaking research to develop policy advice in this area, the Office for Internet Safety has had discussions with a variety of relevant interests in relation to issues pertinent to the consideration of the possibility or feasibility of introducing internet filtering, specifically in respect of illegal child pornography content, in Ireland. However, I should make it clear that no decisions have been arrived at national level on this issue of internet filtering/blocking of websites containing child pornography material. Any proposals for the introduction of such a system would need, at the very least, to be submitted to the Government for consideration. Indeed it is possible that the introduction of any such system, particularly if on a mandatory basis, might require the introduction of primary legislation. I have no specific plans at this time to introduce legislation in this regard. However, a draft proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography has been published recently by the European Commission. The draft Directive contains a proposal to require Member States to implement some form of blocking system in relation to websites containing child pornography. Ireland’s participation in the adoption and implementation of this measure is subject to Government and Oireachtas approval.

Question No. 49 answered with Question No. 42.

120 Questions— 13 May 2010. Written Answers

Prison Building Programme 50. Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the time- line he has agreed for the completion of the Thornton Hall project including the envisaged start date for building work and the envisaged completion date; and if he will make a statement on the matter. [19442/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The development of the new prison campus at Thornton Hall, County Dublin is proceeding on a phased basis. Phase one comprises essential enabling works required for the prison development. These works include the construction of the dedicated access road, perimeter security wall and various off-site services. Phase two of the project comprises the various prisoner accommodation blocks, workshops, education facilities and administration buildings. Tenders for the design and construction of the access road to serve the prison development were issued in March this year. The competition is still in progress and it is anticipated that contract award will take place in June with construction work commencing on site in July. It is intended that tender documents for various off-site works will be issued later this month with construction work expected to commence in September this year. The tender documentation for the design and construction of the perimeter wall of the prison is currently at an advanced stage of preparation. It is intended to invite tenders for this phase of the project by the end of September with the construction work commencing immediately following the completion of the access road in January 2011. The construction of the perimeter wall is estimated to take about 12 months to complete. The National Development Finance Agency acting on behalf of the Irish Prison Service, has initiated an EU wide tender competition for the appointment of multidisciplinary technical advisors for the project. The technical advisors will develop the output specification and other tender documents which will be the subject of a tender competition later this year. It is anticipated that the prison will be operational within 3 years from the commencement of construction of the main prison campus.

Criminal Justice (Amendment) Act 2009 51. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which all the various elements of the 2009 legislation under the various Acts passed to combat organised criminal gangs have been implemented; if regulations, directives, instructions or orders have issued to implement the legislation as passed in its entirety; if he will further outline precisely the degree to which the legislation has been successfully employed to achieve its original objective; the number of criminal gang leaders and members who have been apprehended, charged and imprisoned as relevant arising therefrom; and if he will make a statement on the matter. [19650/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question 18 of 13th May 2010.

Crime Levels 52. Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of recorded cases of so-called tiger robberies, in which staff or relations of staff of financial institutions were taken hostage in each year from 2005 to date in 2010; the amount of money taken in such robberies; the discussions he has had with the financial institutions concerning these robberies; and if he will make a statement on the matter. [19601/10]

121 Questions— 13 May 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): To date in 2010 two so-called ‘tiger’ kidnappings have taken place and the following table shows the number of similar incidents recorded in the period 2005-2009. It is the policy of An Garda Síochána not to disclose the amount of money taken during such crimes.

Year No. of incidents recorded

2009 6 2008 1 2007 3 2006 2 2005 1

The Deputy will be aware that the Garda Commissioner and I jointly met with the Chief Executives of various financial institutions late last year to discuss this issue and to outline our concerns in this regard. Regular meetings are held between An Garda Síochána and financial institutions to discuss bank security issues and in particular tiger kidnapping prevention and response protocols. An Garda Síochána does not, for obvious security reasons, disclose information relating to the nature of security measures. The response procedures in place for dealing with such incidents typically include the establishment of Crisis Management teams and agreed protocols designed primarily to ensure the safe return of those persons held captive during such incidents and thereafter aimed at securing the arrest and prosecution of the culprits involved. Advice on personal security for staff members and on systems and processes in place for the conveyance, storage and dispersal of cash are provided on an ongoing basis and are the subject of regular review.

Prison Accommodation 53. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of prison cells in Mountjoy Prison, Dublin, that house more prisoners than their capacity is designed for; and if he will make a statement on the matter. [19440/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The breakdown of cell capacity for Mountjoy is outlined in the following table:

Prison/Place of Single cells Double Treble Cells Quadruple More than 4 Total Detention Cells Cells persons in occupied cell cells

Mountjoy Prison (male) 329 118 8 5 3 463

Overcrowding in prisons is an international problem, not just unique to Ireland. As the Deputy is aware Mountjoy Prison is a Victorian prison which is now 160 years old. While Mountjoy Prison predominantly comprises single cell accommodation, multiple cell occupancy does exist, particularly in the base area of the prison and some other areas. In the context of seeking to address the problems of overcrowding in the prison system, redeveloping the existing 20 acre site is neither financially viable nor practical from an operational perspective and this is why I have set out in the clearest possible terms this Govern- ments continued commitment to replacing the Mountjoy Prison complex with modern prison accommodation at Thornton Hall. 122 Questions— 13 May 2010. Written Answers

Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term.

Garda Deployment 54. Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform the number of additional gardaí that have been assigned to deal with the increased terrorism threat in recent months; and if he will make a statement on the matter. [19454/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): At the latest date for which comprehensive figures are readily available, there were 14,523 fully attested members of An Garda Síochána with a further 229 recruits in training. For operational reasons it is not the practice to comment on specific anti-terrorism measures relating to the security of the State. However, intelligence-led operations targeting the activities of dissident republican groups continue to be given priority, commensurate with the threat posed, which is closely monitored in consultation with international law enforcement agencies. Such operations involve strategic deployment of both local and specialised operational Garda Units. Close cooperation exists at all levels between An Garda Síochána and its Northern Ireland counterparts in the context of countering and investigating the activities of such groups.

Prison Committals 55. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of prisoners committed to jail during 2009 for non-payment of fines; the proportion of the total number committed to prison during 2009 that this represents; his views on whether this is the best use of prison facilities when those convicted of serious offences have been getting early release because of overcrowding; and if he will make a statement on the matter. [19590/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information requested by the Deputy will be included in the Irish Prison Service Annual Report 2009 which is due to be published shortly. I can advise the Deputy that provisional figures collated indicate that the total number of committals to the prison system in 2009 amounted to 15,425 of which 4,806 related to the non-payment of fines. This equates to 31% of the total committals. I can also advise the Deputy that the number of such persons actually held in custody at any one time is a minute fraction of the overall prisoner population. To illustrate this point 0.2% of the prison population on 10 May 2010 fell into this category. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals. It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents approximately an 8% of a rise in the number in custody.

123 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.]

At present the most common non-custodial sanction used by the Courts, who are independent in the exercise of their functions, is the imposition of a fine. As the Deputy will know the new Fines Bill completed Report and Final Stage in the Seanad earlier this week. The Bill makes provision for the use of non-custodial options for the non-payment of fines such as Community Service. I expect the number of committals for non-payment of fines to fall substantially once this legislation comes into force.

Garda Deployment 56. Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to the Garda fraud squad; and if he will make a statement on the matter. [19449/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that there are currently 63 Gardaí assigned to the Garda Bureau of Fraud Investigations. Responsibility for the allocation of personnel rests with the Garda Commissioner, in conjunction with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána, and are kept under review.

Joint Policing Committees 57. Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if he is satisfied with the operation of the local policing committees; the numbers of such committees established to date; and if he will make a statement on the matter. [19597/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Joint Policing Com- mittees are provided for in the Garda Síochána Act 2005. Their purpose is to provide a forum where An Garda Síochána and the local authority — the two organisations which make the most significant contribution to preventing and tackling crime in a specific area — can come together, with the participation of members of the Oireachtas and community and voluntary interests, on matters affecting their area. On 24 September, 2008, I launched, with my colleague the Minister for the Environment, Heritage and Local Government, guidelines for the Committees, which took into account the experience gained during a pilot phase and provided for the establishment of Committees in all 114 local authority areas by the relevant local authorities and the Garda Commissioner. I am informed that 105 Committees have been established. The operation of the Committees is kept under ongoing review by my Department and the Department of the Environment, Heritage and Local Government. Each Committee is required to submit an annual report of its activities, and these reports inform the ongoing consideration of the operation of the Committees.

Question No. 58 answered with Question No. 42.

Tribunals of Inquiry. 59. Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the latest information available to him about the progress made by the Smithwick tribunal established by resolution of the House of the Oireachtas in March 2005; when the tribunal plans to commence public hearings; the evidence that has been taken in public; if the tribunal has secured

124 Questions— 13 May 2010. Written Answers the co-operation of all potential witnesses, particularly those from outside the jurisdiction; if the tribunal plans to publish any interim report on its progress since 2005; and if he will make a statement on the matter. [19622/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Smithwick Tribunal was established pursuant to the Tribunals of Inquiry (Evidence) Acts 1921-2002, to enquire into suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superin- tendent Bob Buchanan in 1989. The Tribunal was established by the Oireachtas in May 2005 arising from the Weston Park Agreement between the Irish and British Governments in 2001. The Tribunal is chaired by Judge Peter Smithwick. The Tribunal Chairman is independent in his functions in accordance with the provisions of the Acts. The terms of the Resolutions of Dáil Éireann and Seanad Éireann and the Regulation establishing the Tribunal provide for the submission of interim reports to the Clerk of the Dáil within 10 days of the commencement of oral hearings regarding the granting of representation before the Tribunal, progress to date, likely duration and any other matters which the Tribunal considers appropriate. Questions such as whether the Tribunal has secured all the cooperation it requires are matters for the Tribunal itself and will, I have no doubt, be dealt with in the final report. I am informed that the Tribunal is in an investigative phase at present. It is expected that public hearings will take place later this year.

Commercial Rent Reviews 60. Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the membership and terms of reference of the working group to look at the issue of commercial rent reviews; when he expects the group to report; and if he will make a statement on the matter. [19599/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Question No. 67 of 25 March 2010.

Proposed Legislation 61. Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the call from ADVIC, the advocacy group for families and friends of murder victims, for changes to the bail laws, particularly to bar those accused of murder from applying for bail in advance of their trial; his plans for dealing with same; and if he will make a statement on the matter. [19593/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I received today proposals from ADVIC in relation to bail law. I am grateful to ADVIC for these proposals and I look forward to examining them in the context of the preparation of a new Bail Bill. However I should point out that a blanket ban on persons charged with murder applying for bail is unlikely to be compatible with the Constitution or the European Convention on Human Rights. Work is in progress in my Department on the scheme of the new Bill. The main purpose of the Bill is to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In preparing the scheme, a number of matters in the current law will be addressed to ensure that the bail regime can operate in as tight and effective a way as possible. In particular, my Department will examine the extent to which the law could be

125 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] restated to give greater guidance to the courts on the need to protect the public against those who present an unacceptable risk of committing a serious offence if granted bail.

Prison Committals 62. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the number of persons that were imprisoned for failure to pay fines and civil debts in 2009; and if he will make a statement on the matter. [19455/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of such persons actually held in custody at any one time for failure to pay fines and civil debts is a minute fraction of the overall prisoner population. To illustrate this point, 0.2% of the prison population on 10 May 2010 fell into this category. I expect the number of committals for non- payment of fines to fall substantially once the Fines Bill 2009 has been enacted and brought into force. The information requested by the Deputy will be included in the Irish Prison Service Annual Report 2009 which is due to be published shortly. However, I can advise the Deputy that provisional figures collated suggest that the number of committals solely for failure to pay fines and civil debts in 2009 was 4,806 and 162 respectively.

Garda Strength 63. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the strength of An Garda Síochána at the latest date for which figures are available broken down by full members, those who have attested but not yet concluded their training, those in training; the expected number that will be recruited during 2010; the anticipated numbers at each above category at the end of 2010; the number of members of the force who are expected to retire during 2010; the number who will be recruited in the first half of 2010; and if he will make a statement on the matter. [19616/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that as at the latest date for which completed returns are available, the personnel strength of An Garda Síochána was 14,532. This figure includes 709 probationer Gardaí who have been attested and will graduate over the next six months. On that date there were also 229 unattested students in training. In relation to retirements, around 80 applications for early retirement have been received so far this year. The Garda Commissioner is closely monitoring the levels of Garda strength around the country, taking into account the level of retirements and attestations of students. I will continue to consult with my colleague the Minister for Finance on when a resumption of Garda recruitment will be necessary so as to keep Garda numbers up to approved levels. In all this, my priority is to maintain Garda operational strength. A necessary first step will be a competition to establish a panel of approved candidates and, as I recently indicated, I believe that this should take place later this year.

Garda Training 64. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the main findings of the recent Report on Training and Development in An Garda Síochána; the steps that are being taken to deal with the significant skill training gaps identified in the report; and if he will make a statement on the matter. [19600/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In February 2008 the Garda Commissioner established a group to review training and development for garda

126 Questions— 13 May 2010. Written Answers and civilian staff in the Garda Síochána. The review group, chaired by Mr. Pat McLoughlin, formerly a member of the Senior Management of the Health Service Executive, carried out an extensive analysis of the training needs of the organisation and consulted widely with staff across all ranks and grades. Consultations were also held with relevant bodies such as the Garda Síochána Inspectorate, the Garda Síochána Ombudsman Commission, the Higher Education and Training Awards Council and police forces internationally. The report found significant strengths in the wide diversity of training provided in the Garda Síochána, both to student Gardaí and to serving members and civilian staff. However, it also identified areas where the organisation, management and delivery of training could be further enhanced, with considerable benefits for the Garda Síochána and the public it serves. I am setting out the key recommendations in a note which I am circulating with this reply. The Commissioner will progressively implement significant and wide-ranging improvements in Garda training based on these recommendations, and he will have my full backing and support in that process. Key recommendations of the Training and Development Review Group Report:

• There should be a new training and development model put in place, with an Assistant Commissioner given sole responsibility for overseeing and implementing this;

• The training sections in the Garda College should be restructured;

• There should be a better training support structure across all garda operational divisions, with divisional training managers;

• There should be a standardised process within Garda Divisions that objectively prioritises training opportunities based on developing the right knowledge and skills;

• The student/probationer training programme should be radically restructured into 3 phases instead of the current 5. Phase I would be for 32 weeks at the Garda College, at the end of which successful students would be attested (i.e. become members of the Garda Síochána with full police powers). Currently students are attested after 58 weeks. Phase II would be for 65 weeks based in Garda stations, and Phase III would consist of 7 weeks of exam preparation, exams and assessments;

• Student training at the Garda College should be more scenario-based and less classroom- based, so as to prepare students better for the policing challenges they will face;

• There should be better support for students who, after attestation, are assigned to Garda stations, with new field-training tutors playing a key role;

• Driver training should be provided within the student/probationer training programme;

• A lifelong learning philosophy should be instilled in the Garda Síochána, with a suite of mandatory and elective courses made available;

• A learning management system should be introduced in the Garda Síochána, to manage the administration and oversight of training;

• Specialist training facilities, such as firearms ranges, driver training areas and a mock urban structure, should be developed on the grounds of Dromard House in Tipperary, already purchased for this purpose, as soon as possible;

127 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.]

• Training for civilian staff in the Garda Síochána should be integrated into the general training structure for members.

The full report is available on the Garda website (www.garda.ie).

Legislative Programme 65. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform his plans to bring in legislation in respect of a Good Samaritans Bill; when he expects to bring this Bill before Dáil Éireann; and if he will make a statement on the matter. [18938/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Government Legislation Programme, published on 20 April 2010, indicates that the Civil Law (Miscellaneous Provisions) Bill 2010 which will provide, among other matters, for the civil liability of good samaritans, volunteers and volunteer organisations, will be published in the current Dáil Session.

66. Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform his plans to reform alcohol licensing laws concerning Good Friday; and if he will make a statement on the matter. [19448/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The law in relation to this matter is being kept under review in the context of preparation of the forthcoming Sale of Alcohol Bill.

Weapons in Prisons 67. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the number of weapons or objects fashioned to act as weapons or otherwise dangerous objects that have been confiscated in Mountjoy Prison, Dublin, to date in 2010; and if he will make a statement on the matter. [19446/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the number of weapons and potential or improvised weapons confiscated in Mountjoy Prison between 1 January 2010 and 2 May 2010 is 127. It should be noted that this number includes any item that may have been used as a weapon, for example, mugs, mops, food trays and sweeping brushes. It is also important to note that in many cases the items confiscated were found during routine searches or retrieved at entry point to the prison, and were never employed as a weapon within the prison. This is as a direct consequence of the newly introduced security measures. The mission of the Irish Prison Service is to provide safe, secure and humane custody for those placed into custody. This is one of the main reasons for the introduction of recent security initiatives, such as airport style security screening including x-ray machines and scanning equipment, the establishment of the Operational Support Group, the establishment of the Drug Detection Dog Service within the Irish Prison Service, the segregation of a number of serious drug and criminal gang members in a high security unit in Cloverhill Prison and the use of phone detectors and phased installation of telephone blocking technology. No level of inter prisoner violence is acceptable. Every effort is made by prison staff and management to limit the scope of acts of violence. While the prison regime is designed to limit the scope of acts of violence, it is not possible to completely eliminate the possibility of such

128 Questions— 13 May 2010. Written Answers acts in prisons holding a high proportion of violent offenders without introducing a regime that would be unacceptable. Recent statistics indicate that since the new security measures were implemented, there is a trend towards more homemade weapons being used, for example, weapons made out of perspex, sharpened toothbrushes, a pool ball in a sock, brush handles or water jugs. The rollout of enhanced security measures has made it more difficult for prisoners to secrete improvised weapons. Furthermore, prisoners identified as exerting undue influence or pressure over other prisoners receive close and continued attention and targeted searching from the Operational Support Unit. Attacks by prisoners on prisoners are not usually random acts of violence but are related to matters on the outside i.e. drug debts, gang rivalries.

Law Reform 68. Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform if, in view of a newspaper article written by the President of the High Court announcing the establishment by him of a working group to consider whether damages for catastrophic injuries can or should be awarded by way of periodic payment rather than lump sum, to make recommendations to the president and to provide draft legislation to give effect to its recommendations, the establishment of this working group by the president was on his initiative or that of the president; if it was the initiative of the president, if it was considered and approved by him prior to its being announced; if he will provide any precedent for the president of the High Court or any other judge to establish a working group to consider and recommend proposals for legislative change outside the formal context of the Law Reform Commission or another appropriately designated body; if he is satisfied that an ad hoc committee established by a judge and including other judges amongst its membership is an appropriate body to consider and make proposals for legislation to him and the Houses of the Oireachtas; if he is further satisfied with the balance of interests represented on the working group; and if he will make a statement on the matter. [19619/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There is representation from my Department in the Working Group on Medical Negligence that was established by the President of the High Court on his own initiative. The question of a balance of interests in the membership of the Working Group is a matter for the President. The examination of the law and the making of recommendations for change is not the exclusive preserve of the Law Reform Commission. Moreover, the Commission has already reported on the question of structured and periodic payments in the law of negligence. The Deputy will appreciate that as Minister for Justice, Equality and Law Reform, it falls to me to make determinations, with the assistance of my Department, on recommendations for changes in the law that come from a multiplicity of sources. The eventual policy proposals that I submit to the Government on any subject for its approval must, of course, take into account the public interest, the views of other Departments and of the Attorney General.

Garda Civilianisation 69. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will make a statement detailing the impact of the new employment control document on the long-promised civilianisation plan for the Garda Síochána which is needed to free up fully- trained gardaí to fight crime. [19652/10]

82. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the reason the creation of 900 civilian posts within the Garda has resulted in the release of only 144 Garda personnel for front-line policing duties, as highlighted in the report of the Comptroller and

129 Questions— 13 May 2010. Written Answers

[Deputy Joanna Tuffy.] Auditor General; the steps he will take to ensure greater use of civilian personnel, as recommended in the recent report of the Garda Inspectorate on resource allocation; and if he will make a statement on the matter. [19603/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 69 and 82 together. Increased civilian support for the Garda Síochána does not and never was intended to exclusively take the form of one for one replacement of individual Gardaí with civilians. In some instances, civilianisation does indeed enable the direct replacement of sworn members, who are engaged in exclusively clerical, administrative or technical duties, with civilian staff. In most cases, however, it allows sworn members who would otherwise have to devote a very substantial part of their working day to performing administrative duties to focus exclusively on front-line policing duties. Civilian staff may also be recruited to perform new or expanded administrative, managerial and professional support roles in the Garda Síochána, for example as crime analysts or IT specialists. On this account, and because of the significant restructuring of roles, functions and business areas that has taken place at all levels of the Garda Síochána in recent years, it is difficult to quantify the exact number of posts which were occupied by sworn members but which today are held by civilians. I can however confirm that since 2003 the number of civilians in the Garda Síochána has risen from 1,063 to approximately 2,115 whole time equivalents. While this is still a lower proportion compared to some similar police services in other jurisdictions, the Commissioner is committed to increasing this number further as resources, within the proposed employment control framework, allow. Civilian staff are now involved in the provision of vital support services in a wide range of administrative, professional, technical and industrial areas, including Human Resources, Train- ing & Development, IT and Telecommunications, Finance and Procurement, Internal Audit, Communications, research and analysis, accommodation and fleet management, scene-of-crime support and medical services. In addition, a number of essential operational support areas are now wholly or largely staffed by civilian staff, such as the Central Vetting Unit, the Fixed Charge Processing Office in Thurles and the Garda Information Services Centre in Castlebar. The Garda Síochána Analysis Service, to which I referred earlier, is also staffed by qualified and highly trained civilian analysts. Civilian Telecommunications Technicians provide frontline support to the whole of the Garda organisation across a range of technologies and services. The augmented civilian element in the Garda organisation which has been deployed by the Garda Commissioner in recent years has made a significant contribution to the effectiveness of law enforcement in this State. The recommendations in the recent report of the Inspectorate on resource allocation are being carefully examined so that the potential for maximising the use of civilians and in turn releasing members of An Garda Síochána for frontline policing can be realised.

Temporary Release of Prisoners 70. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns expressed by a judge at the decision to allow the temporary release of a serial Limerick prisoner, two days into a ten-month sentence due to overcrowding at Limerick Prison; if he will confirm the statement of an assistant governor of Limerick Prison that the prisoner in question was serving a two-year sentence by instalment; if it is his policy that prisoners may serve sentences by instalment; and if he will make a statement on the matter. [19589/10]

130 Questions— 13 May 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am aware of the case referred to by the Deputy which involves a prisoner serving a prison sentence dating from 20 April, 2007 and whose remission date stands at 10 July, 2010. He has received a variety of concurrent or overlapping sentences for relatively minor offences at various stages throughout his sentence. He is not therefore serving a 10 month sentence as the question suggests. As the Deputy is aware, there is no provision to serve prison sentences “by instalment”. What the Assistant Governor of Limerick Prison was referring to are the not uncommon instances whereby prisoners are committed to custody, released for a time period,for example, on bail, and then returned to custody to complete the sentence imposed. In almost all such cases the prisoners involved are given credit for time already served. The Irish Prison Service has judiciously used temporary release a means of reducing numbers in times of serious overcrowding in Limerick Prison. The Government has committed and will continue to commit significant resources into improving and adding to our overall prison cell capacity and in the that context the introduction of 200 new spaces in Wheatfield Prison this year will help to further alleviate the problem of overcrowding which is not unique to Ireland.

Garda Investigations 71. Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform if he is satisfied that adequate resources are being directed towards tackling prostitution; and if he will make a statement on the matter. [19433/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An Garda Síochána have conducted a number of operations to combat brothel keeping, prostitution and human trafficking and will continue to do so in line with the intelligence available. One example of such operations is the investigation by the Garda National Bureau of Criminal Investigation, in conjunction with a number of other police forces, which resulted in the apprehension, in another jurisdiction, of individuals for brothel keeping in this country. The operation led to the seizure of a substantial volume of evidence. In addition, cash and other property discovered during such operations may be the subject of a proceeds of crime application to the courts. Operations of this nature are being, and will continue to be, carried out. The criminal law in relation to brothel keeping is strong. I am, of course, aware of concerns that persons are trafficked for the purposes of prostitution. The Criminal Law (Human Trafficking) Act 2008 has greatly strengthened the law in this area. A dedicated Anti-Human Trafficking Unit was established in my Department in February 2008 with the purpose of ensuring that the State’s response to human trafficking is coordinated and comprehensive. In addition, An Garda Síochána has established a Human Trafficking Investigation and Co- ordination Unit. The Garda National Immigration Bureau maintains border controls and liaison with organisations which represent exploited foreign nationals. Liaison at an international level between An Garda Síochána and international law enforcement agencies and international organisations also forms part of the approach taken by An Garda Síochána to human trafficking.

Treatment of Prisoners 72. Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the article in a newspaper (details supplied) of Monday, 26 April 2010 regarding conditions in Mountjoy Prison, Dublin; the action he proposes to take on this issue; and if he will make a statement on the matter. [19647/10]

131 Questions— 13 May 2010. Written Answers

78. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns by a retiring member of the Mountjoy visiting committee at conditions in the prison, which they described as appalling; the steps he is taking to deal with these conditions; and if he will make a statement on the matter. [19588/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 72 and 78 together. As the Deputy is aware Mountjoy Prison is a Victorian prison which is now 160 years old. Redeveloping the existing 20 acre site is neither financially viable nor practical from an operational perspective and this is why I have set out in the clearest possible terms this Govern- ment’s continued commitment to replacing the Mountjoy Prison complex with modern prison accommodation at Thornton Hall. The Inspector of Prisons, in his 2008 Annual Report, acknowledged that overcrowding in prisons is an international problem, not just unique to Ireland. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. While Mountjoy Prison predominantly comprises single cell accommodation, multiple cell occupancy does exist, particularly in the base area of the prison and some other areas. The Governor of the prison has recently re-issued an order concerning the use of holding cells, the shower room and other areas of the Base area of the prison instructing staff that under no circumstances should these locations be used for the purpose of overnight accommodation. Instead prisoners should be placed in the normal cellular accommodation on the landings, which as I have already stated, are predominantly single cell accommodation at present. The primary role of the Prison Service is the provision of safe and secure custody for prisoners. The need, therefore, for prisoners who request protection to be accommodated in separate areas from other identified persons from whom they may be at risk is of primary importance. Efforts are made on a continuous basis to transfer protection prisoners out of Mountjoy Prison to other locations where they would not require such a restricted regime, e.g. protection landings in Wheatfield or the Midlands Prisons or to another prison where they would not require protection. In the article a certain proportion of the overcrowding is attributed to the incarceration of persons for failure to pay fines. In this regard I must remind the Deputies that the Prison Service is obliged to take in all committals sent there by the courts. I can also advise that the proportion of persons in custody for non-payment of fines at any time is a minute fraction of the overall prisoner population. To illustrate this point 0.2% of the prison population on 10 May 2010 fell into this category. It is not a significant contributor to prison overcrowding. I expect the number of committals for non-payment of fines to fall substantially once the Fines Bill 2009 has been enacted and brought into force. All prisoners are medically assessed on committal to prison. This includes a mental health assessment which can be employed to develop an individual care plan. The Central Mental Hospital (CMH) provides an in-reach mental health service in Mountjoy amongst other prisons. Where clinically indicated a prisoner is referred to a forensic clinician who subject to his/her findings may make certain recommendations to the Governor for the care of a prisoner. If the

132 Questions— 13 May 2010. Written Answers professional opinion is that a prisoner requires access to an admission bed in the CMH, this is arranged at the earliest opportunity subject to the status of the waiting list for beds in that institution. The waiting list for admission to the CMH is reviewed weekly by CMH clinical personnel on the basis of reports following assessments. It must be acknowledged that the prevalence of mental illness among the prison population is significantly higher than among people of a similar age and gender in the general population. Taking that into account and the increasing prisoner population, the Governor will at all times take such measures as are necessary based on clinical recommendations subject to the constraints of custodial environment. Prisoner care and rehabilitation involves significant multi- dimensional input by a diverse range of general and specialist services provided by the Irish Prison Service and in-reaching statutory and non-statutory services. Among the various services that are provided by the Irish Prison Service are the education, library, work and training, psychology and spiritual services. The impact of the moratorium on recruitment and promotions in the Public Service and of financial cut-backs can require prioritisation of activities that are more cost effective and postponement and review of certain projects. Across the prison estate, the emphasis will be on maintenance of high quality programmes for the greatest number of prisoners.

Proposed Legislation 73. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the progress in of the major review of gambling announced by him in May 2010; when he expects the process to be concluded; and if he will make a statement on the matter. [19609/10]

80. Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the position regarding plans to introduce new legislation governing gambling; his views on whether it is inappropriate for him to lobby in support of a casino development in the absence of this long-promised legislation the purpose of which may be to close the loopholes which casinos currently exploit in order to operate. [19656/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 73 and 80 together. The consultation phase of the major review of gambling which I initiated has now been completed. The review will provide Government with options for a new and comprehensive legal and organisational framework governing the gambling architecture in the State. Three important considerations which are the hallmark of most well-regulated gambling codes inform the review. These are:

• that young people and the vulnerable are protected;

• that gambling should in all respects be fairly and openly conducted; and

• that gambling is kept free of crime. Following the settling of policy in relation to a new gambling architecture for the State, the House can expect the publication of legislative proposals in the normal course. I anticipate, however, that any new legislation will be both complex and comprehensive. I totally reject the imputation that, as a public representative and a Minister, I am not entitled to support any worthwhile bona fide project nationally, or more importantly in my locality, which has the potential to create hundreds of jobs and boost the economy, subject to compliance with all planning and other regulations. It goes without saying that in advance of consideration of revision of our gaming laws by the Government, no decision has been taken in

133 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] relation to legalising casinos in the State. I have previously stated that were any legislation introduced in this area, it would have to provide for a wholly independent licensing system, whereby the Minister for Justice, Equality and Law Reform or any politician would have no role in the selection or licensing of specific casino developments. A fully statutory and independent adjudication process would be put in place for this purpose. The proposed project in my constituency that is at the heart of the Deputy’s baseless imputation is I understand, a phased development, concentrating on developing sport and leisure activities. I understand that the current planning application does not seek permission for the establishment of a casino as part of the complex. If the proposal did contain such a plan it would fail as the law, as it stands, does not permit such developments in the State. The group in question did not discuss with me good, bad or indifferent, the issue of a casino and I can confirm that my Department has not to date received any submission, as part of the major review of gambling, from the proposers of the sport and leisure development.

Question No. 74 answered with Question No. 27.

Garda Deployment 75. Deputy John Deasy asked the Minister for Justice, Equality and Law Reform the number of community gardaí assigned in each Garda division; and if he will make a statement on the matter. [19413/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Commissioner that, as of the latest date for which figures are readily available, the total number of Community Gardaí was 1,073. While all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise, the total number of dedicated Community Gardaí in each Division was as set out in the table which I am circulating with this answer:

Division Community Gardaí

D.M.R.S.C. 81 D.M.R.N.C. 179 D.M.R.N. 77 D.M.R.E. 40 D.M.R.S. 57 D.M.R.W. 85 Waterford 18 Wexford 24 Kilkenny/Carlow 45 Tipperary 106 Cork City 31 Cork North 8 Cork West 5 Kerry 12 Limerick 87 Donegal 17 Cavan/Monaghan 12 Sligo/Leitrim 23 Louth 14

134 Questions— 13 May 2010. Written Answers

Division Community Gardaí

Clare 11 Mayo 8 Galway 18 Roscommon/Longford 9 Westmeath 15 Meath 7 Kildare 17 Laois/Offaly 44 Wicklow 23

Total 1,073

Garda Resources 76. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the recommendations contained in the latest report of the Garda Inspectorate on resource allocation that will be implemented during 2010; and if he will make a statement on the matter. [19598/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Commissioner, that following the publication of the Garda Inspectorate Report on Resource Allocation, Deputy Commissioner Strategy and Change Management was appointed to consider the report and to co-ordinate an agreed and pragmatic programme of work to advance the implementation of the twenty-seven recommendations. My officials will work closely with the Garda Síochána and the Garda Síochána Inspectorate on implementation of the recommendations in order to maximise efficient allocation of Garda resources. While every effort will be made to progress the recommendations of the Garda Inspectorate Report on Resource Allocation, it is recognised by both An Garda Síochána and the Garda Inspectorate, that due to the current economic situation, there is limited scope to fund change proposals. Where recommendations involve significant capital costs, interim measures, where possible, will be considered until such time as funding is available for full implementation. However, implementation of some recommendations will not require capital investment and I am keen to make progress, in particular, on necessary revision of Garda rosters and examine station opening hours as key measures to improve the matching of Garda resources to the demand for policing services.

Question No. 77 answered with Question No. 31.

Question No. 78 answered with Question No. 72.

Electronic Monitoring 79. Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform the cost of the proposed pilot scheme to electronically tag a number of offenders; if the decision to pursue the use of electronic tags while simultaneously reducing the number of probation officers was based on new evidence in view of the fact that existing evidence from an evaluation of their use in England found that it cost twice as much to electronically tag an offender as to supervise them by a member of the Probation Service; if his attention has been drawn to the fact that private security companies that administer the electronic tagging scheme do not routinely follow up violations by individual offenders; if his further attention has been drawn to the fact that the authorities there pay private tagging companies approximately three times 135 Questions— 13 May 2010. Written Answers

[Deputy Arthur Morgan.] the actual cost of each offender monitored and electronic monitoring does not reduce re- offending. [19658/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The introduction of a pilot to test the technology used in electronic monitoring and its suitability for application in this jurisdiction is not linked in any way to Probation resources. In relation to Electronic Monitoring I have asked my officials to examine how best we might make use of this technology. As the Deputy will be aware the provisions in the Criminal Justice Act 2006 allows for the introduction of electronic monitoring in this jurisdiction. Specifically under section 108, Temporary Release of Prisoners, the Minister is able to make an Order for electronic monitoring, in the context of a restriction of movement condition applying to the granting of temporary release. The Deputy will be glad to know that the Irish Prison Service recently issued a tender document to seek expressions of interest from suppliers for the use of Global Positioning System (GPS) technology on a small group of offenders for a pilot period. The participants to be included in the pilot will be carefully selected having regard to the nature of the offence, public safety and overall conduct in prison and will be granted temporary release. As the tender is now with the market it would be inappropriate for me to comment on potential costs or comparisons with other jurisdictions.

Question No. 80 answered with Question No. 73.

Prison Accommodation 81. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his views on the concerns raised by the retiring Governor of the Dóchas centre, Dublin, particularly about the level of overcrowding in the centre; and if he will make a statement on the matter. [19587/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Dóchas Centre, which accommodates the majority of female prisoners in Ireland, was purpose built and specifically designed for women and is recognised internationally as a model of best practice with extensive rehabilitative programmes and courses available for the female prisoners accommodated there. However, since the facility was opened it regularly accommodates prisoner numbers in excess of its design capacity. Accordingly, the Irish Prison Service introduced contingency measures including the installation of bunk beds — to alleviate the practice of women sleeping on mattresses on floors and in store rooms and offices. These contingency measures were discussed with the Governor at the time. In the medium term and in order to introduce an alternative measure until Dóchas is replaced by a new prison on the Thornton campus, work is due to commence to convert an administrative building on the Dóchas site into a new accommodation block. This will provide 30 room with sufficient area to double up if required and is due to be completed by August/ September, 2010. In the long term the Dóchas Centre is to be replaced by a new women’s prison at the prison development at Thornton Hall, Co Dublin. This will provide accommodation for approximately 200 women. The design will be based on the concept of single room occupancy, will allow for the separation of sentenced and non-sentenced offenders and will afford a greater opportunity of enhanced regimes thus allowing for greater flexibility. There are no plans to move away from the basic architectural design principles of the Dóchas Centre. The design of the women’s prison at Thornton seeks to build on the experience and

136 Questions— 13 May 2010. Written Answers lessons of the Dóchas model, whilst expanding the regime options and fostering the ethos of Dóchas i.e. a domestic scale courtyard development consisting of a number of house units of single occupancy en-suite accommodation. Each house will also have domestic style cooking and laundry facilities etc. It has to be acknowledged that the Irish Prison Service must accept all prisoners committed by the Courts and does not have the option of refusing committals. Their options are simple, they hold them or release them. I believe that the public interest must be protected from the inappropriate release of offenders who may pose a risk to the community. A snapshot on 26 April 2010 of female prisoners serving sentences indicated that:

• 25% of that cohort of female sentenced prisoners were serving a sentence for murder, manslaughter or conspiracy to murder;

• 21% were serving sentences for possession of drugs for the purpose of sale or supply; and

• 28% were serving sentences for offences such as robbery, theft and criminal damage. Of this 28% only 4 prisoners were serving sentences of less than 12 months.

It is clear that the vast majority of these prisoners do not fall into the category of non-violent lesser offences. Options available in this area are therefore very limited. It is clearly preferable where possible to have prisoners accommodated in a bed in a cell as opposed to sleeping on mattresses and it was therefore prudent and appropriate that a number of bunkbeds were recently installed in the Dóchas Centre to replace single beds.

Question No. 82 answered with Question No. 69.

Garda Equipment 83. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform if he will comment on reports that gardaí are using their personal laptops for work purposes; his views on whether such a practice is in line with data protection laws; and if he will make a statement on the matter. [19439/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am advised by the Garda authorities that all personnel in An Garda Síochána are subject to the Garda Síoch- ána’s Security Policy for the use of Information and Communications Technology, including portable data devices and the transfer of electronic data, which states that only information and communication technology equipment supplied by the ICT Division and or Procurement Section of An Garda Síochána shall be used for the storage of Garda Síochána data. Any alleged breach of this security policy would be a matter for Garda management to pursue under the terms of that policy. A Data Protection Code of Practice, developed by the Garda authorities in consultation with the Office of the Data Protection Commissioner, has also been circulated to each member and civilian employee of An Garda Síochána informing them of their obligations under the Data Protection Acts 1988 and 2003. The Code of Practice was drafted to improve the knowledge and understanding of Data Protection within the Garda Síochána. The Code of Practice is available at www.garda.ie.

Criminal Prosecutions 84. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the number of rapes recorded in 2008; the number of these that have resulted in prosecutions; the number of these that have resulted in convictions; and if he will make a statement on the matter. [19435/10]

137 Questions— 13 May 2010. Written Answers

87. Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of rapes recorded in 2009; the number of same that have resulted in prosecutions; the number of same that have resulted in convictions; and if he will make a statement on the matter. [19434/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 84 and 87 together. The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputies.

Departmental Expenditure 85. Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the recommendations of the special group on the public service numbers and expenditure report that he plans to implement during 2010; and if he will make a statement on the matter. [19595/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A number of the measures in the Special Group Report (McCarthy) have been implemented at this stage in order to achieve reductions in the Departments Estimates for 2010. These relate to the programmes in a range of subheads which include Gender Mainstreaming, Graffiti Removal Oper- ations, Equality Monitoring Consultative Committees, European Refugee Fund and Refugee Integration. The McCarthy Report recommended a total reduction of some €5 million in respect of these particular items. The actual budgetary reduction was €6.92 million. A significant proportion of the recommendations (€84 million) related to reductions in payroll costs on items such as allowances payable to members of the Garda Síochána and the Prisons Service. In common with all Departments, there are significant reductions in payroll related provisions in 2010 to take account of the reductions in payroll rates and other factors. The overall reduction in gross payroll budgets for the Justice Sector compared with the 2009 estimate is in the region of €126 million. A number of recommendations were made by the McCarthy Group on structural reform and rationalisation across the Justice and Equality Sector. The Deputy will be aware of the recent announcement by an Taoiseach, where the Equality and Disability sectors of the Depart- ment together with the Human Rights Commission are transferring to the renamed Department of Community, Equality and Gaeltacht Affairs. The arrangements to transfer these functions together with the relevant budgets and staffing resources are now well in train.

Prison Accommodation 86. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of prisoners in jails at the latest date for which figures are available; the number of occasions during the past five years on which the prison population has exceeded 4,000; the steps that are being taken to deal with prison overcrowding; and if he will make a statement on the matter. [19611/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that on 10 May 2010 there were 4,214 prisoners in custody. The breakdown of the population per prison is listed in the table below:

138 Questions— 13 May 2010. Written Answers

Prison/Place of Detention Persons in Custody

Arbour Hill Prison 154 Castlerea Prison 367 Cloverhill Prison 474 Cork Prison 296 Dóchas Centre 123 Limerick Prison (male) 312 Limerick Prison (female) 25 Loughan House 144 Midlands Prison 526 Mountjoy Prison 659 Portlaoise Prison 258 Shelton Abbey 94 St. Patrick’s Institution 221 Training Unit 114 Wheatfield Prison 447

Total 4,214

The number of persons in custody exceeded 4,000 for the first time on 9 October 2009. However it is only since the middle of November 2009 that the number in custody has consistently exceeded 4,000 on a daily basis. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals. It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents an approximate 8% of a rise in the number in custody. The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheat- field. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. The Deputy will also be aware of the Government’s commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison facility will provide accommodation for 1,400 cells with operational flexibility to accommodate up to 2,200 in a range of security settings. The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were published in March of this year and tenders for the construction of the perimeter wall will be published in September. Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation.

Question No. 87 answered with Question No. 84. 139 Questions— 13 May 2010. Written Answers

Question No. 88 answered with Question No. 38.

Garda Recruitment 89. Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve recruited to date; the stations to which they have been allocated; the number of applicants for the Reserve currently in training; if he is satisfied with the rate of recruitment; when he expects the full complement of 1,500 to be in place; if restrictions have been placed on recruitment to the Reserve arising from budgetary restrictions; his plans to undertake the review of the operation of the Garda Reserve, as recommended in the Report of the Garda Inspectorate on Resource Allocation; and if he will make a statement on the matter. [19602/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are now 562 attested Reserve Gardaí with an additional 101 student Reserves in training, who will attest between July 2010 and November 2010 having successfully completed 4 phases of their training. I am circulating with this answer a list of the Garda stations to which Reserve Gardaí are attached. The Agreed Programme for Government has set a target strength for the Reserve at 10% of the full time strength of the Force. As the Garda Reserve depends on volunteers who undertake their training and other duties during their free time, it is difficult to predict how many people will commence training in any particular period. However, I can assure the Deputy and the House that the Garda Commissioner is continuing to make every effort to reach the recruitment target. The moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve, as members are volunteers and do not draw a salary. Recruitment is ongoing and the Public Appointments Service has received in excess of 5,000 expressions of interest to join the Reserve in the first quarter of this year. The Government is strongly committed to the development of the Reserve. It has been a very successful initiative and I am confident that it will continue to flourish into the future. The Garda Commissioner is responsible for determining the range of powers and duties of Reserve members, and I am sure that he will keep these under review in line with the recommendation of the Inspectorate.

Station Total

D.M.R.S.C. Kevin Street 7 Kilmainham 5 Pearse Street 19 Harcourt Tce 0 Donnybrook 4 Irishtown 1

Total 36

DMR NC Store Street 7 Bridewell 5 Fitzgibbon Street 8 Mountjoy 1

Total 21

140 Questions— 13 May 2010. Written Answers

Station Total

DMR NORTH Santry 7 D/Airport 0 Whitehall 1 Ballymun 9 Raheny 4 Clontarf 5 Howth 4 Coolock 9 Swords 6 Malahide 2 Balbriggan 5 Skerries 0 Lusk 0 Rush 0 Garristown 0

Total 52

DMR EAST Dun Laoghaire 9 Dalkey 0 Cabinteely 0 Kill-O-Grange 0 Shankill 3 Blackrock 6 Dundrum 2 Stepaside 0

Total 20

DMR SOUTH Crumlin 6 Sundrive Road 5 Tallaght 10 Rathfarnham 4 Rathmines 6 Terenure 7

Total 38

DMR WEST Cabra 0 Finglas 7 Blanchardstown 20 Lucan 8 Ronanstown 2 Ballyfermot 4 Clondalkin 5 Rathcoole 0

Total 46

DMR TOTAL 213

141 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] Station Total

Waterford Waterford 18 Tramore 2 Dungarvan 1

Total 21

Wexford Gorey 4 Enniscorthy 3 New Ross 2 Wexford 3

Total 12

Tipperary Nenagh 1 Thurles 1 Roscrea 3 Carrick-On Suir 2 Clonmel 4 Templemore 1 Cahir 3 Tipperary 2

Total 17

Kilkenny/Carlow Kilkenny 6 Thomastown 1 Carlow 8

Total 15

S/E Region Total 65

Cork City Anglesea Street 16 Mayfield 5 Watercourse Road 5 Togher 5 Gurranbraher 8

Total 39

Cork North Mallow 2 Cobh 3 Fermoy 3 Midleton 4

Total 12

142 Questions— 13 May 2010. Written Answers

Station Total

Cork West Bandon 3 Clonakilty 4 Macroom 3

Total 10

Kerry Tralee 4 Killarney 1

Total 5

Limerick Henry Street 17 Mayorstone Park 3 Roxboro Road 1

Total 21

Sth Region Total 87

Donegal Letterkenny 10 Buncrana 2 Ballybofey 1

Total 13

Cavan/Monaghan Cavan 4 Castleblaney 1 Monaghan 6

Total 11

Sligo/Leitrim Sligo 7 Ballymote 2 Manorhamilton 2 Carrick-On-Shannon 2

Total 13

Louth Drogheda 10 Dundalk 7 Ardee 3

Total 20

Nth Region Total 57

Clare Ennis 9 Shannon 1 Killaloe 0

Total 10

143 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] Station Total

Mayo Castlebar 13 Ballina 3 Swinford 1 Claremorris 2 Westport 3

Total 22

Galway Galway 24 Tuam 5 Ballinasloe 2 Loughrea 3 Salthill 4

Total 38

Roscommon/Longford Roscommon 4 Boyle 0 Longford 4 Granard 1

Total 9

West Region Total 79

Westmeath Athlone 3 Mullingar 7

Total 10

Meath Navan 4 Ashbourne 1 Trim 2 Kells 3 Laytown 1

Total 11

Kildare Naas 5 Athy 3 Celbridge 1 Newbridge 3 Kildare 5

Total 17

Laois/Offaly Tullamore 7 Birr 1 Portlaoise 4

Total 12

144 Questions— 13 May 2010. Written Answers

Station Total

Wicklow Bray 4 Blessington 1 Wicklow 3 Arklow 1 Baltinglass 2

Total 11

East Region Total 61

Total 562

Question No. 90 answered with Question No. 42.

Proposed Legislation 91. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform when he envisages a judicial council will be established; the role of this body; and if he will make a statement on the matter. [19447/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the House will be aware, necessary consultations with the judiciary on the details of my proposals for a Judicial Council Bill have been ongoing for some time. I am happy to report that there has been renewed progress in these consultations in recent weeks. Following a Plenary Meeting of the judiciary on 8 May 2010, the Chief Justice has indicated the welcome and support of the judiciary for the latest draft of the Scheme of the Bill. At the meeting they were informed by the Registrar of the Ontario Judicial Council in relation to how the judicial complaints model has worked in that jurisdiction. I very much appreciate the positive engagement of the Chief Justice and his colleagues in giving renewed momentum to this important phase of the consultative process around the proposed Judicial Council Bill. My proposals for a Bill will, I believe, achieve a reasonable balance between the Govern- ment’s commitment to legislation on judicial conduct with lay participation and the need to ensure respect for the independence of the judiciary. Thanks to the efforts of all concerned, we have now reached an important point where few issues remain and it should be possible for me in the near future to seek the approval of the Government for my proposals, and for their publication. The publication of my proposals will be an important step in realising the commitment given in the Agreed Programme for Government to “legislate to provide effective remedies for complaints about judicial misbehaviour, including lay participation in the investigation of complaints”. Under the Bill, members of the public will be provided with a framework through which they can pursue allegations of judicial misconduct. This will be centred on a definition of a breach of judicial conduct. A Judicial Council is to be established with responsibility for ensuring high standards of conduct among judges. The Judicial Council will also be more broadly supportive of excellence in the exercise by judges of their judicial functions. The work of the Judicial Council will be supported by a structure which will include a committee with specific responsibility for judicial conduct. This will be tasked, among other things, with the consideration and investigation of complaints. I particularly welcome the fact that the committee dealing with conduct matters is also to have lay participation. This was a key commitment of the 145 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] Programme for Government which will enhance public confidence in the transparency of the accountability framework being offered under the new Bill.

Prison Seizures 92. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the number of mobile phones that have been seized in Mountjoy Prison, Dublin, to date in 2010; and if he will make a statement on the matter. [19443/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that largely as a result of a rigorous regime of searches at the entry point of the prison the number of mobile phones seized in Mountjoy Prison from 1 January 2010 to 2 May 2010 was 351. Section 36 of the Prisons Act 2007, which was brought into operation on 1 May, 2007, makes it an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both. It is Irish Prison Service policy to report seizures of mobile phones to the Gardaí. Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system. It is important to note that a large percentage of these seizures are not directly from prisoners but are instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of the newly introduced security measures.

Departmental Bodies 93. Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of times the working group on commercial rents has met to date; the consultations the group has engaged in with stakeholders; and if he will make a statement on the matter. [19450/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Working Group to which the Deputy refers has met on four occasions since its establishment with the most recent meeting having taken place earlier this week. The membership of the Group is reflective of the stakeholders in this area. Furthermore, I understand that the Group has invited submissions from the public on the matters covered by its terms of reference and that a number of submissions have been made to the Group in response to that general invitation.

Magdalene Laundries 94. Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform his plans to provide support to the survivors of the Magdalene Laundries; and if he will make a statement on the matter. [18796/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Research has indicated that a small proportion of entrants to Magdalen laundries came through the criminal justice system. Under the Probation of Offenders Act 1907, a person found to have committed a criminal offence may be made subject to a probation order under which the offender is released on entering a recognizance to be of good behaviour and subject to conditions. The duration of the order cannot exceed 3 years but if it is breached, the recognizance can be forfeit

146 Questions— 13 May 2010. Written Answers and the offender can be brought before the court for sentencing for the original offence. It has been established that in 1922 and subsequent years, courts did on occasion include a condition in a probation order that the female person who had been found to have committed a criminal offence, should reside in a particular institution for the duration of the order. Magdalen laundries were among the institutions used in this connection. Pursuant to the Criminal Justice Act 1960, St. Mary’s Magdalen Asylum, Sean McDermott Street, Dublin 1 was used as a period as a remand centre for female persons aged from 16 to 21 charged with criminal offences. The indications are that the periods of remand were normally quite short — a matter of days. As I have already informed the House, officials of my Department met with representatives of Justice for the Magdalenes on the 14th December, 2009. There was a good exchange of information at that meeting. For the information of the Deputy and the House my Department does not hold records that would identify the number of women who were sent to Magdalen Laundries since the foundation of the State. However, my Department and the National Archives do have some limited records relating to payments made in respect of persons remanded to St. Mary Magdalen Asylum in Sean McDermott Street, Dublin 1. I again repeat my willingness to allow access to those incomplete records in the normal way.

Redundancy Payments 95. Deputy Jim O’Keeffe asked the Minister for Enterprise, Trade and Innovation the reason for the delay in processing redundancy claims by the Employment Appeals Tribunal, which is currently running at 55 weeks; his views on whether such delays are unacceptable; the steps he proposes in this regard; and if he will make a statement on the matter. [19730/10]

Minister of State at the Department of Enterprise, Trade and Innovation (Deputy Dara Calleary): The Employment Appeals Tribunal is an independent, quasi-judicial body under the aegis of the Department of Enterprise, Trade and Employment. I am aware that there has been an unprecedented level of increase in claims to the Employment Appeals Tribunal — from 3,173 in 2007 to 9,458 in 2009 and a continuation of this trend in 2010 with 4,384 new claims lodged between January and the end of April. This has had an impact on case processing timeframes. The situation in the Tribunal is under constant review and a number of steps have been taken to relieve this pressure. These include increasing the allocation of administrative resources to the Tribunal in the past two years, which has facilitated an increase in the numbers of sittings per day, from 924 in 2007 to a total of 1,437 in 2009. Earlier this year, I increased the pool of people available to sit on Tribunal Hearings and this should further help. Efficiencies introduced in the Tribunal have increased the rate of throughput of claims at a greater rate from 2,807 in 2007 to 5,053 in 2009. I know from my recent meeting with the Chairman and all the Members of the new Tribunal that they are taking additional measures to try to address the upward pressure on case processing timeframes. I understand that the Tribunal will launch a pilot initiative at the end of June in the area where the increase in the numbers of claims has been particularly acute with a view to making a rapid and significant reduction in the list of cases awaiting hearing in that area.

96. Deputy Jimmy Deenihan asked the Minister for Enterprise, Trade and Innovation when payment of statutory redundancy will be awarded in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [19732/10]

147 Questions— 13 May 2010. Written Answers

Minister of State at the Department of Enterprise, Trade and Innovation (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I wish to advise the Deputy that while a lump sum claim was submitted to the Department in this instance, the claim is being returned as the required supporting documentation has not been lodged. It is my Department’s practice not to enter incomplete claims on the system as these claims cannot be processed until the necessary documentation is submitted. The documentation required in support of lump sum claims, such as in this instance, is set out on my Department’s website at www.entemp.ie. Submission of correctly completed Redundancy claim forms (RP50’s) with all of the required documentation greatly facilitates the processing of claims. The documentation required in support of lump sum claims is evidence of the employer’s inability to pay the redundancy entitlements to the employees. This involves requesting a statement from the company’s Accountant or Solicitor attesting to the inadequacy of assets to make the redundancy payments and, the latest set of financial accounts for the company. The employer is also asked to admit liability for the 40% liability attaching to the company arising from the redundancy payments. If this information is provided to the Department, the employees are paid their redundancy entitlement from the Social Insurance Fund. Upon payment, the Department pursues the company for the 40% share that the company would ordinarily have been expected to pay to the employees. If the necessary supporting documentation required from the employer is not provided to my Department, the employee will be advised by my Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee’s right and entitlement to redundancy. Once such a determination is available, the Department is then in a position to make the payment to the employee concerned. Should the outstanding documentation be provided by the employer during the period while the case is pending a hearing before the EAT, this would allow the claim to be processed by my Depart- ment in the usual way.

Job Creation 97. Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the degree to which his Department, FÁS and other relevant Departments and agencies intend to interact in the rebuilding of the economy with particular reference to employment creation and retention; if he will further outline his proposals, if any, to examine and address the precise reason for the relocation of manufacturing or service jobs outside this country to other jurisdictions; if arising from any studies, his Department or other agencies have identified the measures needed to address the issues arising; and if he will make a statement on the matter. [19755/10]

Minister for Enterprise, Trade and Innovation (Deputy Batt O’Keeffe): Jobs and economic growth are about direct and indirect measures. My Department and the state agencies have a role to play in both directly supporting business and ensuring that the policies pursued across Government are consistent and support our overall national objectives of reducing unemployment, regional development and building the smart economy.

148 Questions— 13 May 2010. Written Answers

My Department and its agencies, interact regularly and intensively via the Cabinet Commit- tee on Economic Renewal and the Senior Officials Group that underpins it. The primary purpose of these interactions is to prepare and deliver the actions that have and will continue to drive recovery and growth, and they have a specific focus on employment creation and retention. In addition, the wide range of direct enterprise agency supports are aimed at improving productivity, market knowledge, competitiveness, and leadership and management capabilities so that firms can compete successfully in international markets and grow their exports. State supported indigenous companies currently employ 133,000 people. Enterprise Ireland’s objective is to create a further 40,000 new jobs over the next five years. State supported foreign companies currently employ 124,000 people. IDA’s objective is to create a further 62,000 new jobs over the next five years. The IDA and EI targets for job creation could lead to an additional 70,000 jobs elsewhere in the economy. In addition, the County and City Enterprise Boards support micro-enterprises across the country. Companies supported under the Employ- ment Subsidy Scheme and the Enterprise Stabilisation Fund have committed to maintaining over 100,000 jobs to the end of November 2010. We are also supporting companies with direct funding for R&D and through the recently enhanced R&D tax credit. Enterprise Ireland and IDA support companies ranging from Inno- vation Vouchers to large scale research programmes. We are funding collaborative research partnerships between companies and partnering companies with the strong science base we have built through PRTLI and Science Foundation Ireland. SFI funded researchers now work with over 300 companies. However, the relocation of businesses within particular types of industry is a reality of modern global manufacturing for a highly developed economy such as Ireland. We successfully manage this process, through our policies on enterprise and foreign direct investment. These policies have enabled us to win many prestigious and value added investments, and have enabled us to replace lost jobs with others of equal or higher value in the economy. New jobs created in the enterprise development agencies’ client companies in the last number of years are heavily concentrated in high-value added, knowledge-based companies that offer higher salaries and greater security in the face of intense international competition. Since the onset of the global downturn, Agencies and groups associated with my Department such as Forfás, EI, IDA, the National Competitiveness Council have examined the underlying factors affecting mobile international investment and Ireland’s competitive position. Specific actions to both protect jobs and create opportunities for employment in the future are set out in the reports such as that on Green Enterprise and the Innovation Taskforce. My Department is driving the implementation of prioritised recommendations in conjunction with my Govern- ment colleagues.

Redundancy Payments. 98. Deputy Thomas Byrne asked the Minister for Enterprise, Trade and Innovation the position regarding a redundancy payment in respect of a person (details supplied) in County Meath. [19792/10]

99. Deputy Thomas Byrne asked the Minister for Enterprise, Trade and Innovation the position regarding a redundancy payment in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19793/10]

Minister of State at the Department of Enterprise, Trade and Innovation (Deputy Dara Calleary): I propose to take Questions Nos. 98 and 99 together.

149 Questions— 13 May 2010. Written Answers

[Deputy Dara Calleary.]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/ liquidation. I can confirm that my Department received redundancy lump sum claims on behalf of the individuals concerned in July, 2009. These claims are at an advanced stage of processing and payment is expected to issue within the next two weeks.

Property Management Companies 100. Deputy Noel Ahern asked the Minister for Enterprise, Trade and Innovation the position regarding a management company (details supplied); if this company is still registered; if this company has been struck off the list; if filed records are up to date and so on; the further position regarding proposed legislation in this area; the outcome for residents of a housing estate in Dublin 11 now; if they will be legally abandoned and management fees lost; and if he will make a statement on the matter. [19801/10]

Minister for Enterprise, Trade and Innovation (Deputy Batt O’Keeffe): Information regarding the status of the company referred to by the Deputy is publicly available from the Compan- ies Registration Office (CRO). However, I understand that the relevant company remains registered with the CRO and recently filed Annual Return documents. The Multi-Unit Developments Bill, which is the responsibility of my colleague the Minister for Justice, Equality and Law Reform, is currently awaiting Report stage in the Seanad. I have no direct function in relation to this Bill.

Banking Sector 101. Deputy Noel Ahern asked the Minister for Enterprise, Trade and Innovation the progress made to date with the introduction of loan schemes or loan guarantee schemes for the small medium enterprise sector; and if a statement will be made on the matter particularly in relation to action on credit availability, the recommendations in Mazars Report and so on. [19802/10]

Minister of State at the Department of Enterprise, Trade and Innovation (Deputy Billy Kelleher): The whole aim of Government policy on banking has been to return the banks to a position where they can access funds and lend these funds on to viable businesses and households to support enterprise growth and economic recovery. The Government has taken decisive action in order to get credit flowing again. The Bank Guarantee Scheme, the 2009 Recapitalisation Scheme, the nationalisation of Anglo Irish Banks and the establishment of the National Assets Management Agency have all contributed to the stabilisation of the banking sector with a view to facilitating the flow of credit. The 2010 Recapitalisation package builds on the earlier initiatives and includes additional supports for enterprises, including SMEs. In particular, AIB and Bank of Ireland have both committed to making available not less than €3 billion each for new or increased credit facilities to SMEs in both 2010 and 2011. This must include funds for working capital for businesses. Both banks must each produce a plan that includes a sectoral and geographic breakdown of how they intend to divide up this new lending. This will be a significant increase on the figures reported by the banks for 2009 and will help to sustain the economy and foster growth. This figure can be reviewed as the needs of the economy change.

150 Questions— 13 May 2010. Written Answers

As previously advised to this House, work is also under way in my Department on the examination of a possible scheme of Loan Guarantees for the SME sector which could augment lending by banks by addressing particular market failures. This is in line with one of the recommendations contained in the Mazars Review on Bank Lending to SMEs. Enterprise Ireland and Forfás carried out examinations of loan guarantee schemes in the UK and in some other countries. Following more detailed examination, Forfás has recently submitted a report to my Department which is being considered. On completion of this work I will bring the results before the Government. As with any initiative, we will need to ensure that any scheme developed directly assists businesses, facilitates genuine additional lending in the market and, at the same time, safeguards the interests of the taxpayer.

Departmental Staff 102. Deputy Niall Collins asked the Minister for Enterprise, Trade and Innovation his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19829/10]

Minister for Enterprise, Trade and Innovation (Deputy Batt O’Keeffe): My salary amounts to €217,677 gross per annum. There are no staff in my Department on a comparable or higher salary. Within the State Agencies under the aegis of my Department, there is only one office holder, the Director General (DG) of Science Foundation Ireland (SFI), who has a remuneration package which is higher than the salary that I receive. The DG’s remuneration package comprises of a base salary of €180,109 per annum plus an allowance of €79,588 in the nature of pay on a personal basis, in recognition of his international research experience and expertise, as approved by the Minister for Finance. As an employee of SFI, the DG is required to enter the Forfás superannuation scheme. Contractually the DG is entitled to the use of a car in his role as DG although I understand that he has chosen to forgo this.

Work Permits 103. Deputy James Reilly asked the Minister for Enterprise, Trade and Innovation his plans to reform the work permit schemes for migrants; if his attention has been drawn to the exploitation of migrant workers under the current scheme whereby some employers are refusing to pay minimum wage and tell the employees that they are unable to change job because the employer holds the work permit; if his further attention has been drawn to the difficulties migrant workers face when they are made redundant due to the large fees and delays associated with a work permit application; if he will consider changing the scheme so that migrants are granted employment permits within a designated job category and have the right to change employer; and if he will make a statement on the matter. [19840/10]

Minister of State at the Department of Enterprise, Trade and Innovation (Deputy Dara Calleary): Since 2004, a key element of Irish labour market policy has been to ensure that general labour and skills needs are met from within the workforce of the European Union. For strategic skills or labour shortages in designated occupations in key economic sectors, Govern- ment policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand. The various schemes that give effect to such policies — Green Cards, Work Permits, Spousal and Dependant Work Permits and permits for Intra-company Transferees — were introduced under the Employment Permits Act, 2006 and came into effect on 1 February 2007.

151 Questions— 13 May 2010. Written Answers

[Deputy Dara Calleary.]

In early 2009, the Department undertook a review of employment permit arrangements to ensure their ongoing relevance to the needs of the Irish labour market. As an outcome of this review, more stringent eligibility criteria were implemented for prospective new entrants to the work permit schemes from 1 June 2009 onwards. The main features of the new measures included: expanding the ineligible list of occupations for which permits can be issued; increasing by 50% the fees charged at renewal stage for new permits issued after 1 June 2009, and a reduction in the number of occupations for which Green Cards are issued. My Department condemns any practices by employers that may result in non-compliance with employment rights entitlements or any other mistreatment of employees including those on employment permits. Ireland’s Employment Rights Legislation establishes the statutory rights applicable to all people working in Ireland whether they are Irish citizens or otherwise. I would urge all whose employment rights are being breached by an employer or those who know of such exploitation, to contact the National Employment Rights Authority (NERA). The Employment Permits Act 2006 sets out in legislation the rules governing employment permits. One of the main focuses of this Act was in increasing the rights and protections afforded to migrant workers and the means to ensure redress in the event of exploitative practices. The Act’s provisions gave immigrants greater freedom, autonomy and control over their own employment choices by enabling workers for the first time to apply and re-apply for their own permit and allowing workers to change their employer after a period of a year and move to another employment in order to take advantage of better conditions or career options. Last year, my Department issued almost 1,500 employment permits in respect of employees changing to new employers. A properly controlled employment permit system requires that permits be issued to a specific employee for a specific job with a specific employer. To do otherwise would not only risk abuse of the employment permit system but would make it much more difficult to ensure that employers observed the employment rights of employees. Due to the prioritisation of business needs of my Department, it was necessary to re-deploy a number of staff in the Employment Permits Section to the Redundancy Payments area in early 2009 where there is a strong need for additional resources to process payments to those who have lost their jobs. This has resulted in currently higher processing times for some of the permit types. In the priority high skills area of Green Cards and Intra Company Transfers, applications are still being processed within 15 working days. In relation to Work Permits and Spousal applications, measures have been put in place to address the current wait-time. I can report that significant progress has been made in reducing the backlog in these areas. The Employment Permits Act 2006 allows for regular review of Ireland’s economic migration policies and my Department keeps these policies under review, in line with the emerging needs of the labour market, on an on-going basis.

Flood Relief 104. Deputy Michael Creed asked the Minister for Finance the details of correspondence and other communications between his Department, the Office of Public Works and Cork County Council in connection with flooding at a location (details supplied) in County Cork; if a formal application was received from Cork County Council for funding under the minor flood relief works scheme to alleviate flooding at this location; if funding will be available for these works in 2010; and if he will make a statement on the matter. [19709/10]

152 Questions— 13 May 2010. Written Answers

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works (OPW) received representations from Cork County Council in 2005 in relation to flooding in the Ballingeary/Inchigeela area. Following consultations with the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government, the OPW carried out substantial channel cleaning works downstream of Inchigeela in 2005 and 2006. The draft Flood Risk Assessment and Management Plan for the Lee Catchment, which includes Ballingeary/Inchigeela, went to public consultation in February, and submissions that were received in relation to flood risk in the area are currently being reviewed. It would be open to Cork County Council to submit an application for funding for mitigation measures at these locations under the OPW minor flood works scheme. If an application is submitted, it will be considered by OPW in the light of the review of submissions in relation to the draft Lee Catchment Plan and having regard to the overall availability of resources for flood risk management.

Question No. 105 withdrawn

Social and Affordable Housing 106. Deputy James Bannon asked the Minister for Finance if he will postpone the intended introduction of VAT on the sale of affordable houses, the operation of shared ownership schemes and local authority provided leisure activities from 1 July 2010 until 1 January 2011 in view of the fact that transitional measures are usually included when the scope of VAT is extended, to avoid any double charge of irrecoverable VAT; and if he will make a statement on the matter. [19743/10]

Minister for Finance (Deputy Brian Lenihan): I would like to point out in regard to deferring the implementation date of applying VAT on services provided by public bodies, that the European Court of Justice ruled, in the case C-544/07 against Ireland on 16 July 2009, that Ireland should amend its VAT legislation to provide that State and public bodies are in general subject to VAT. This case goes back to 2004 when infringement proceedings were taken by the European Commission against Ireland. Given the time that has passed since the Court’s Judgement, and since the commencement of the case, it is imperative that the VAT implementation takes place as soon as possible. 1 July 2010 was chosen as the date of implementation of VAT in this regard in order to allow time to process the relevant legislation and for State and public bodies including local authorities, to prepare for the change to their administrative systems. Indeed, since the Judge- ment issued the European Commission have corresponded with us on a number of occasions seeking updates on our progress as regards its implementation and we have informed them of the recent enactment of the Finance Act 2010. Consequently, in the circumstances any deferral of the implementation date is not at this stage realistically feasible. With regard to the specific local authority services outlined by the Deputy, I would point out that the shared ownership scheme, as a financial service, would, in any case, be exempt from VAT. In the case of local authority provided leisure activities, provision was made in the Finance Act that VAT on the supply of sports and community-type facilities by public bodies will come into effect not on 1 July but by Ministerial order. This will allow for a more complete examination of the issues, including an analysis of how the new rules might best be implemented. In practical terms this means that, for the present, the supply by local authorities of football pitches, swimming pools, halls etc to local clubs and societies will not be subject to VAT.

153 Questions— 13 May 2010. Written Answers

[Deputy Brian Lenihan.]

In relation to whether the sale of affordable housing operated by local authorities should become subject to VAT, I would point out that the ECJ Judgement, and the EU VAT Directive, provide that services supplied by State bodies in the case of their regulatory capacity as a public authority would remain outside the scope of VAT to the extent that their treatment as non-taxable would not lead to a distortion of competition. The supply of affordable housing would be considered a regulatory function of local authorities in this regard, however, the extent to which those services are in competition with private developers is currently being considered. I would also like to draw to your attention that where a service is made subject to VAT, the provider of the service is entitled to claim VAT on inputs in the provision of that service, where the VAT on inputs arise after the date the service is made subject to VAT. The Revenue Commissioners are proceeding with implementing the new regime and liaising where possible with local authorities to ensure transition to the new VAT arrangements. While it is accepted that there may be initial teething problems, it is expected, as in the case of all tax legislation, that the State and public bodies comply with the new VAT rules from 1 July 2010.

107. Deputy James Bannon asked the Minister for Finance if he will list the sale of affordable houses and the operation of the shared ownership scheme as non-taxable services in the amended Finance Bill in view of the fact that these are severely impacting on local authorities; and if he will make a statement on the matter. [19744/10]

Minister for Finance (Deputy Brian Lenihan): I would point out that the European Court of Justice ruled, in the case C-544/07 against Ireland on 16 July 2009, that Ireland should amend its VAT legislation to provide that services provided by State and public bodies are in general subject to VAT. The Finance Act 2010 provided that the services of public bodies, including local authorities, would become subject to VAT from 1 July 2010. The shared ownership scheme, as a financial service, would be exempt from VAT. In relation to whether the sale of affordable housing operated by local authorities should become subject to VAT, I would point out that the ECJ Judgement, and the EU VAT Directive, provide that services supplied by State bodies in the case of their regulatory capacity as a public authority would remain outside the scope of VAT to the extent that their treatment as non-taxable would not lead to a distortion of competition. The supply of affordable housing would be considered a regulatory function of local authorities in this regard, however, the extent to which those services are in competition with private developers is currently being considered. I would also like to draw to your attention that where a service is made subject to VAT, the provider of the service is entitled to claim VAT on inputs in the provision of that service, where the VAT on inputs arise after the date the service is made subject to VAT.

Tax Code 108. Deputy James Bannon asked the Minister for Finance if he will remove VAT on local authority provided leisure activities; and if he will make a statement on the matter. [19745/10]

Minister for Finance (Deputy Brian Lenihan): On 16 July 2009 the European Court of Justice ruled in case C-544/07 against Ireland, that Ireland should amend its VAT legislation to provide that services provided by State and public bodies, including local authorities, are in general subject to VAT. The Finance Act 2010 provided that such services will become taxable from 1 July 2010.

154 Questions— 13 May 2010. Written Answers

With regard to the definition of not-for-profit activity under VAT legislation; under the EU VAT Directive treating local authorities and State bodies as not-for-profit organisations is not possible. The Directive provides distinct and separate regulation for not-for-profit bodies and State bodies, including local authorities. It is not possible to exempt from VAT any activity of a State body, including a local authority, or indeed any other business, simply because it is not making a profit. Nonetheless, provision was made in the Finance Act that VAT on the supply of sports and community-type facilities by public bodies will come into effect not on 1 July but by Ministerial order. This will allow for a more complete examination of the issues, including an analysis of how the new rules might best be implemented. In practical terms this means that, for the present, the supply by local authorities of football pitches, swimming pools, halls etc to local clubs and societies will not be subject to VAT.

109. Deputy Ciarán Lynch asked the Minister for Finance the number of landlords eligible for tax relief on interest paid on borrowings to purchase investment properties on a county basis; and if he will make a statement on the matter. [19747/10]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the relevant information available on numbers of claimants who claimed income tax relief for a deduction for interest on borrowings to be offset against rental income assessable under Case V, Schedule D is based on personal income tax returns filed to date by non-PAYE taxpayers for the year 2008, the latest year for which this information is available. On this basis the numbers of claimants are as set out in the following table. The figures are subject to adjustment in the event of late returns being filed or where returns already filed are subsequently amended. It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return form 12 is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return form 11. This return is the source of the figures provided in this reply. An estimated breakdown of the figures on a geographical basis is available on the basis of “bailiwick”, meaning, in this case, the jurisdiction or boundaries within which Revenue Sheriffs, County Registrars or their officers operate for the purposes of enforcement of tax debt and which equates geographically with “county”. It should be noted that the county description applies to the claimant of the tax relief but is not necessarily the county in which the property to which the tax relief applies is situated. The Deputy will no doubt be aware that the level at which interest repayments can be claimed against tax for residential rental properties was reduced from 100% to 75% in section 5 of the Finance Act 2009 at an estimated full year yield of €95 million.

Number of claimants in 2008 for income tax relief for interest on borrowings incurred in acquiring rental property

County 2008

Carlow 979 Cavan 1,391 Clare 2,342 Donegal 2,074 Galway 6,590 Kerry 2,854 Kildare 5,721

155 Questions— 13 May 2010. Written Answers

[Deputy Brian Lenihan.] County 2008

Kilkenny 1,799 Laois 1,029 Leitrim 563 Limerick 3,624 Longford 731 Louth 2,057 Mayo 2,621 Meath 4,617 Monaghan 1,035 Offaly 1,208 Roscommon 1,158 Sligo 1,271 Tipperary 3,038 Waterford 2,235 Westmeath 1,963 Wexford 2,815 Wicklow 3,430 Dublin 33,388 Cork 12,661 Other/foreign 1,523

Total 104,717

Social Partnership 110. Deputy Niall Collins asked the Minister for Finance the cost of holding the recent social partnership talks in the Croke Park Conference Centre; the way the rate was negotiated; if the cost is being shared by the parties involved in the talks; and if he will make a statement on the matter. [19816/10]

Minister for Finance (Deputy Brian Lenihan): The negotiation of the draft Public Service Pay Agreement was facilitated by Kieran Mulvey and Kevin Foley, drawing on the resources of the Labour Relations Commission. Costs incurred by the Labour Relations Commission are a matter for the Commission itself and I have no operational role in the matter.

Credit Union Movement 111. Deputy John Perry asked the Minister for Finance the reason the group of experts established by him and the Department of Communications, Energy and Natural Resources to work on the response to the issue of indebtedness does not contain any representative of the credit union movement, although at least two representatives of the banking sector are among the membership; if the group will be expanded to include relevant expertise from within the credit union movement; when this will be done; and if he will make a statement on the matter. [19820/10]

Minister for Finance (Deputy Brian Lenihan): The Deputy will be aware that in February this year I announced the establishment of an Expert Group on Mortgage Arrears and Personal Debt, under the Chairmanship of Mr. Hugh Cooney, an insolvency accountant with KPMG. The membership of the Expert Group is as follows: 156 Questions— 13 May 2010. Written Answers

Name

Mr. Matthew Elderfield Financial Regulator Dr. David Duffy ESRI Mr. Pat Farrell Irish Banking Federation (IBF) Mr. Tom Foley Banking Consultant Mr. Paul Joyce Free Legal Advice Centre (FLAC) Ms. Patricia T. Rickard-Clarke Law Reform Commission (LRC) Mr. Brendan Burgess Independent Consultant

The Group also includes senior officials of the Departments of Finance, Taoiseach, Justice Equality and Law Reform, Social Protection, Communications Energy and Natural Resources, and Environment Heritage and Local Government. The Group is initially exploring the feasibility of a range of possible options for improving the level of mortgage support to homeowners in difficulty. I expect that the Group’s recommendations will be made to me on a rolling basis as it progresses with its findings and that a final report on this phase of the review will be ready by end June 2010. I am satisfied that the external members of the Group have the relevant expertise in areas relating to mortgage arrears and personal debt. In addition to the expertise of its own members, the Group as part of its fact finding, has received presentations from representatives of the mainstream lenders, sub-prime lenders as well as voluntary organisations supporting home owners in difficulties. I understand that once the Expert Group changes its focus from mortgage arrears issues to the more general issue of helping those in personal debt, that the Credit Union movement along with others will be given the opportunity to present to the Group.

Departmental Staff 112. Deputy Niall Collins asked the Minister for Finance his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration packages of office holders in all forms of State agency under the aegis of his Department which are comparable with or higher than his salary, in tabular form; and if he will make a statement on the matter. [19831/10]

Minister for Finance (Deputy Brian Lenihan): My salary cost, taking into account both my salary as Minister and a T.D., is €191,417 per annum. There are two officers of my Department who are in the category referred to by the Deputy. The Secretary General of my Department is paid €228,466. The Secretary General, Public Service Management and Development is paid €215,590. In relation to agencies under the aegis of my Department, I am advised that the following is the position: Office of the Revenue Commissioners: The Chairman is on a salary of €215,590. This is the only officer in Revenue on a scale higher than that quoted above for the Minister for Finance. National Lottery: The current salary of the CEO is €230,000; he also receives a Director’s fee of €12,500, a car allowance of €15,000, health insurance of €5,000 and a company pension contribution of €33,000 (in addition to making a personal pension contribution of 6.5%). There are no staff on a comparable or higher salary in respect of the Office of Public Works, Commission for Public Service Appointments, Public Appointments Service, Valuation Office 157 Questions— 13 May 2010. Written Answers

[Deputy Brian Lenihan.] or State Laboratory. Remuneration contracts of officials of the National Treasury Management Agency are confidential.

National Pensions Reserve Fund 113. Deputy Denis Naughten asked the Minister for Finance if he will provide a list of the assets and liabilities at 31 December 2009 of the funds listed in Schedule 1 of the Financial Measures (Miscellaneous Provisions) Act 2009; and if he will make a statement on the matter. [19884/10]

Minister for Finance (Deputy Brian Lenihan): The Pension Funds of the following Bodies listed in Schedule 1 of the Financial Measures (Miscellaneous Provisions) Act 2009 were transferred to the National Pensions Reserve Fund (NPRF) on 31 December 2009: University of Dublin Trinity College; National University of Ireland, Maynooth; Forfás (Industrial Develop- ment Authority Superannuation Fund and Irish Goods Council Pension Fund); SFADCo; FÁS; An Bord Bia; Arts Council; Fáilte Ireland (Regional Tourism Pension Scheme Fund and CERT Fund). The Pension Funds of the following Bodies listed in the Schedule transferred to the NPRF on 31 March 2010: University College Dublin; University College Cork and National University of Ireland, Galway. The remaining Pension Funds listed in the Schedule will be transferred in 2010, subject to all technical arrangements and preconditions relating to the transfers being completed. Under the provisions of the Transfer Order made under the Act in respect of each transfer, each Body is required to prepare final accounts for the transferred Fund and to have those accounts audited. These final accounts will provide figures for the assets and liabilities of each Fund as at the transfer date but they are not yet available.

Health Services 114. Deputy Michael Noonan asked the Minister for Health and Children if she will appoint an official of her Department who will take a lead role in an initiative to provide an out-of- hours general practitioner service in Limerick city along the lines of Shannon Doc or West Doc; if her attention has been drawn to a case resulting from the lack of an out-of-hours service in Limerick city, which has been brought to the attention of local public representatives by the Simon Community (details supplied); and if she will make a statement on the matter. [19697/10]

Minister for Health and Children (Deputy Mary Harney): Under the General Medical Services (GMS) Scheme, general practitioners (GPs) are obliged to provide services for their medical card and GP visit card patients, for 40 hours each week. They must also make arrangements to enable contact to be made with them, or a locum/deputy, for emergencies outside of these hours. GP out-of-hours co-operatives allow general practitioners to put in place arrangements to provide services to their patients outside normal surgery hours in the evening, on weekends and bank holidays. As the Deputy is aware, there is not yet a GP out-of-hours co-operative to serve Limerick city. The HSE recently published a national review of GP Out of Hours Services. One of the recommendations in the report is that each of the four HSE regions should engage with GPs to ensure that out of hours coverage is available in all areas of the country. The HSE’s National Service Plan for 2010 commits the Executive to commencing implementation of the recom-

158 Questions— 13 May 2010. Written Answers mendations of the review in 2010. Performance against this commitment will be assessed and reported to me. In relation to the specific case referred to by the Deputy, the HSE has advised that further details would be required to allow it to consider if an investigation is necessary. I will be happy to transmit this, if the Deputy wishes to take it further with more information. Perhaps he would like to contact my office so that he can be given an indication of the type of information that would be helpful.

Hospital Services 115. Deputy Bobby Aylward asked the Minister for Health and Children if she will carry out an immediate investigation into the case of a person (details supplied) in County Laois who had an operation in 2007 at Beaumont Hospital, Dublin and who is still waiting for a follow up operation; and if she will make a statement on the matter. [19708/10]

Minister for Health and Children (Deputy Mary Harney): I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Execu- tive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Health Services 116. Deputy Denis Naughten asked the Minister for Health and Children if she will withdraw the HSE circular of 26 April 2010 regarding the dental treatment services scheme in view of its impact on medical card holders; and if she will make a statement on the matter. [19740/10]

Minister for Health and Children (Deputy Mary Harney): This decision to limit the funding available to the Dental Treatment Services Scheme (DTSS) was made in view of the current position of the public finances and the 60% increase in expenditure in the DTSS over the past five years. The HSE has introduced measures to contain DTSS expenditure at the 2008 level of approximately €63 million. This reflects the imperative to achieve overall reductions in public expenditure while providing essential health services to patients. The HSE will monitor the ongoing effect of these changes from a clinical and budgetary perspective.

Hospital Transport 117. Deputy James Bannon asked the Minister for Health and Children if she will provide transport or a transport voucher to a person (details supplied) in County Longford to take them to and from the Mater hospital in Dublin for chemotherapy in view of the fact that this transportation was promised when the cancer unit was closed at Midland Regional Hospital; and if she will make a statement on the matter. [19742/10]

Minister for Health and Children (Deputy Mary Harney): I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. However, I can state that the Health Service Executive’s National Cancer Control Prog- ramme provides funding for the “Travel2Care” Scheme which is administered by the Irish Cancer Society. This scheme provide assistance to patients diagnosed with breast cancer, pros- tate cancer or lung cancer experiencing genuine difficulties with travel to the eight designated cancer care centres. Patients with an appointment for assessment/investigations in one of the eight designated cancer care centres are sent an information pack which contains information on Travel2Care.

159 Questions— 13 May 2010. Written Answers

[Deputy Mary Harney.] Alternatively application forms may be obtained directly by contacting the Irish Cancer Society by email at [email protected] by phone on 01-2316619.

Occupational Diseases 118. Deputy John McGuinness asked the Minister for Health and Children the progress arising from a meeting held on the 5 May 2010 between her Department officials and retired coal miners; if her Department will be appointed to progress their claim to determine whether there will be a Government response; and if she will make a statement on the matter. [19750/10]

Minister for Health and Children (Deputy Mary Harney): My colleagues in the Department of Social Protection and the Department of Communications, Energy and Natural Resources and I agreed to a request on behalf of former coal miners that our officials would meet with them on the 5th May 2010 to listen to their concerns. Following on from that meeting my officials will report back to me and I will consider the issues raised.

Medical Cards 119. Deputy Bernard J. Durkan asked the Minister for Health and Children, further to Parliamentary Question No. 64 of 6 May 2010, when a comprehensive reply will issue; if her attention has been drawn to the fact that this issue has been raised in numerous parliamentary questions without success; and if she will make a statement on the matter. [19772/10]

Hospital Procedures 120. Deputy Bernard J. Durkan asked the Minister for Health and Children, further to Parliamentary Question No. 63 of 6 May 2010, when a comprehensive answer will issue; and if she will make a statement on the matter. [19773/10]

122. Deputy Bernard J. Durkan asked the Minister for Health and Children, further to Parliamentary Question No. 158 of 29 April 2010, when a comprehensive answer will issue; and if she will make a statement on the matter. [19775/10]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 120 and 122 together. I wish to advise the Deputy that due to industrial action affecting the Health Service Execu- tive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Medical Cards 121. Deputy Bernard J. Durkan asked the Minister for Health and Children further to Parliamentary Question No. 186 of 27 April, 2010, when a comprehensive answer will issue; and if she will make a statement on the matter. [19774/10]

160 Questions— 13 May 2010. Written Answers

Question No. 122 answered with Question No. 120.

Departmental Correspondence 123. Deputy Bernard J. Durkan asked the Minister for Health and Children when further correspondences to her Department in respect of a person (details supplied) in County Louth will be addressed; and if she will make a statement on the matter. [19776/10]

Hospital Services. 124. Deputy Willie Penrose asked the Minister for Health and Children the steps she will take to have a person (details supplied) in County Westmeath admitted for a surgical procedure; and if she will make a statement on the matter. [19789/10]

Services for People with Disabilities 125. Deputy Noel Ahern asked the Minister for Health and Children the services to which MS patients are entitled and, in the case of a person (details supplied) in Dublin 11, if the district nurse will be scheduled to call on this person regularly; the health service including overtime involved in providing or supporting changes to their driveway ramp; if funding has been provided for a special medical bed; and if amended correct medical card will be provided. [19803/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): I regret that due to industrial action affecting the Health Service Executive, it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, I would invite you to raise it with me again in due course. However, I would also recommend that you inform the individual mentioned that it is open to them to contact their local health office directly in relation to health services and their local authority in relation to changes to their driveway ramp.

Children in Care 126. Deputy Noel Ahern asked the Minister for Health and Children her views on the campaign of an organisation (details supplied) to include a legal entitlement to aftercare in the Child Care Amendment Bill 2009; if consideration has been given to this request; if any response or statement has been made in response; and if she will make a statement on the matter. [19804/10]

161 Questions— 13 May 2010. Written Answers

Minister of State at the Department of Health and Children (Deputy Barry Andrews): Iam currently giving consideration to the legal position with regard to the provision of aftercare services, having regard to the existing legislative provisions as set out in the Child Care Act 1991. I met recently with Focus Ireland in this regard and had a constructive exchange of views and discussion on these matters. I have received legal advice which confirms that the obligation contained in Section 45(4) of the Child Care Act 1991 is in substance mandatory. The legal advice is that the Act creates a statutory power and the HSE, as recipient of this power, must put itself in a position where it can exercise the power should the need arise. Section 45(4) of the Child Care Act allows me to write to the HSE and instruct it in this or in any other regard. I intend to do this and will in parallel continue to examine legislative options. The Report of the Commission to Inquire into Child Abuse, 2009 Implementation Plan states that “The provision of aftercare by the HSE should form an integral part of care delivery for children who have been in the care of the state. It should not be seen as a discretionary service or as a once-off event that occurs on a young person’s 18th birthday.” The Report makes the following recommendations in relation to aftercare:

• The HSE will ensure the provision of aftercare services for children leaving care in all instances where the professional judgement of the allocated social worker determines it is required;

• The HSE will, with their consent, conduct a longitudinal study to follow young people who leave care for 10 years, to map their transition to adulthood;

• The HSE and the Department of the Environment, Heritage and Local Government will review the approach to prioritising identified “at risk” young people leaving care and requiring local authority housing;

• The HSE will ensure care plans include aftercare planning for all young people of 16 years and older;

• The HSE will ensure that aftercare planning identifies key workers in other health services to which a young person is referred, for example, disability and mental health services;

• The OMCYA, in conjunction with the HSE, will consider how best to provide necessary once-off supports for care leavers to gain practical lifelong skills.

In line with the Government commitment as reflected in the Ryan Implementation Plan funding of €1.0m was set aside by the HSE in its 2010 Service Plan, for the development of aftercare services in 2010.

Medical Cards 127. Deputy Noel Ahern asked the Minister for Health and Children if she will examine the case of a person (details supplied) in Dublin 11 whose application for an over 70 years medical card took ten months to process and who had medical expenses of €1,817 during the seven months they would have been eligible for a medical card and have submitted same to the Health Service Executive; and if she will make a statement on the matter. [19805/10]

Minister for Health and Children (Deputy Mary Harney): I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Execu-

162 Questions— 13 May 2010. Written Answers tive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

128. Deputy Noel Ahern asked the Minister for Health and Children the position regarding the processing of medical card applications; if the existing cards are still valid until the renewal process including appeal is completed; the reason applications are being refused to persons on basic social welfare payments; if reasoning has been lost in the new system; and the further reason a renewal application in respect of a person (details supplied) has been refused. [19806/10]

Hospital Waiting Lists 129. Deputy Noel Ahern asked the Minister for Health and Children the number of ear, nose and throat consultants attached to Temple Street Children’s Hospital Dublin 1; if her attention has been drawn to the fact that there is a 12 month delay for an ENT outpatient appointment; if she will prioritise the case of a person details supplied in Dublin 9; and if she will make a statement on the matter. [19807/10]

130. Deputy Noel Ahern asked the Minister for Health and Children if she will refer to the waiting list for ear, nose and throat consultant outpatient appointments at Temple Street Hospital Dublin 1 which are currently of 12 months duration; the reason for delays in appointments in other children’s hospitals in Dublin for ENT; the number of ENT consultants working in Temple Street; if all are currently in work; the further reason there is such an unsatisfactory delay; her plans to improve the matter; and if the national treatment purchase fund could be used to improve matters and specifically in respect of a person (details supplied). [19808/10]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 129 and 130 together. I wish to advise the Deputy that due to industrial action affecting the Health Service Execu- tive it is not possible for the Executive to supply the information requested. If these matters remain of continuing concern to you, however, I would invite you to raise it with me again in due course. The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Medical Cards 131. Deputy Noel Ahern asked the Minister for Health and Children if there are statistics available for the period of time for which medical cards are issued; if a greater number of cards are now only being issued for one year; if so the reason for same; the further reason for such short time periods; and if she will make a statement on the matter. [19809/10]

163 Questions— 13 May 2010. Written Answers

Health Service Staff 132. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 140 of 29 April, 2010, the steps she is taking to secure non-consultant hospital doctor cover for smaller hospitals like Roscommon County Hospital and Portiuncula Hospital, Ballinasloe, County Galway from July 2010; and if she will make a statement on the matter. [19818/10]

133. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 141 of 29 April 2010 if the discussions have reached a conclusion; and if she will make a statement on the matter. [19819/10]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 132 and 133 together. The Health Service Executive (HSE), which has responsibility for determining the composition of its staffing complement, is anticipating that there may be some difficulties in the filling of junior doctor posts in July when doctors begin their new rotation. Initial reports from the HSE indicate reductions in applications for posts, especially in emergency medicine, anaes- thesia, general medicine and in smaller hospitals. A range of proposals to address the situation, if there is a significant increase in vacancies, are currently being worked on by the HSE. In relation to attracting doctors from outside the EEA, the Irish Medical Organisation has expressed concerns that the current visa and work permit obligations for non-EEA doctors may be hindering recruitment. The HSE is still in discussion with the Department of Justice, Equality and Law Reform and the Department of Enterprise, Trade and Innovation with a view to agreeing more flexible visa and employment permit arrangements for non-EEA NCHDs.

Medical Aids and Appliances 134. Deputy Pat Breen asked the Minister for Health and Children when an applicant will be facilitated (details supplied) in County Clare; and if she will make a statement on the matter. [19822/10]

Departmental Expenditure 135. Deputy Niall Collins asked the Minister for Health and Children her salary cost; the number and grades of staff in her Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of her Department which are comparable or higher than her salary, in tabular form; and if she will make a statement on the matter. [19833/10]

Minister for Health and Children (Deputy Mary Harney): I assume that the Deputy is referring to my combined T.D and Ministerial salary of €191,417. There is one staff member in my Department who is on a comparable or higher salary i.e. Secretary General who is on a salary of €215,590. The information requested by the Deputy in relation to the Non Commercial State Sponsored Bodies established under the aegis of this Department is not readily available. I will arrange to have the information compiled and forwarded to the Deputy in due course.

164 Questions— 13 May 2010. Written Answers

Health Services 136. Deputy Pat Breen asked the Minister for Health and Children if her attention has been drawn to plans to reduce services to an organisation (details supplied) in County Limerick and the impact that these cutbacks will have. [19841/10]

Hospital Services 137. Deputy James Reilly asked the Minister for Health and Children the reason a person (details supplied) and their general practitioner are unable to get the results of their X-ray from a consultant at St. Vincent’s Hospital, Dublin 4; and if she will make a statement on the matter. [19853/10]

Minister for Health and Children (Deputy Mary Harney): My Department has been informed that all documentation has been released to this patient by St. Vincent’s Hospital. An application by him to the Ombudsman has upheld the hospital’s decision in the matter.

138. Deputy Alan Shatter asked the Minister for Health and Children if her attention has been drawn to the fact that there is currently a waiting list at St. James Hospital, Dublin, for funding in respect of a procedure to replace used batteries in neurostimlator systems implanted in patients to provide relief from chronic pain; if she will provide funding for the necessary procedure to be carried out in respect of a person (details supplied) in Dublin 16 whose neruos- timulator system battery expired several months ago and whose health and quality of life has deteriorated as a consequence; and if she will make a statement on the matter. [19881/10]

Departmental Staff 139. Deputy Niall Collins asked the Minister for Transport his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19836/10]

Minister for Transport (Deputy Noel Dempsey): The salary of the Minister of Transport and the Secretary General of the Department of Transport together with the salaries of Chief Executive Officers under the aegis of this Department who are on a comparable or higher salary are set out in the table. The other elements of the remuneration packages of Chief Executive Officers are generally set out in the Annual Reports of the agencies concerned. In the case of the CIE companies — Bus Éireann, Bus Átha Cliath and Iarnród Éireann — these will be included in their 2009 accounts when they are published

165 Questions— 13 May 2010. Written Answers

[Deputy Noel Dempsey.]

Salary €

Minister 191,417 Secretary General 215,590 Port of Cork Company 245,372* Irish Aviation Authority 253,000 Dublin Airport Authority 348,000 CIE Executive Chairman 235,121 Bus Átha Cliath 237,357 Bus Éireann 218,333 Iarnród Éireann 265,252 Dublin Port Company 222,000 National Roads Authority 257,692 *Includes deferred bonus payments for 2006 and 2007.

Planning Issues 140. Deputy Leo Varadkar asked the Minister for Transport the legislation that allows the National Roads Authority to erect motorway signage gantries without applying for planning permission; and if he will make a statement on the matter. [19885/10]

Minister for Transport (Deputy Noel Dempsey): Section 2 of the Roads Act 1993 defines a road as including a gantry. Section 19 of the 1993 Act, as amended by section 7 of the Roads Act 2007, sets out the specific functions which the National Roads Authority (NRA) may do in relation to national roads or proposed national roads, including the following:

• Secure the carrying out of construction or maintenance works, or the provision of traffic signs.

• Provide any amenity, structure or thing (including, without limitation, service areas, rest areas or lay-bys) for the safety and convenience of road users.

It further states that development consisting of the carrying out of any works by or at the direction of, or on behalf of the Authority under the Roads Act in relation to the construction or maintenance of a national or other public road or anything related or incidental to such is exempted development for the purposes of the Planning and Development Act 2000. The erection of overhead signage gantries, or any road signage, is therefore an exempted development and does not require planning permission.

Legal Aid Service 141. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the total amount paid to solicitors under the legal aid scheme for criminal cases in the past year for which figures are available; if there is any information available as to the extent to which adjournments add to costs in such cases; and if he will make a statement on the matter. [19690/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The total amount paid to solicitors and barristers under the Criminal Legal Aid Scheme in 2009 was €37m and €20m respectively. Regulations provide that no fee is payable to a solicitor in respect of any 166 Questions— 13 May 2010. Written Answers day on which the hearing consists only of an application for adjournment made, in the opinion of the court, for the solicitor’s convenience. Data cannot easily be extracted in relation to the additional costs of adjournments but, as the Deputy is aware, they add to costs across the criminal justice system generally. The cost of the operation of the Criminal Legal Aid Scheme is of concern to the Government. My Department is developing proposals for reform of the Scheme in the context of the forthcoming Criminal Justice (Legal Aid) (Amendment) Bill.

EU Directives 142. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform his plans to implement Council Directive 2003/9/EC, laying down minimum standards for the reception of asylum seekers, which stipulates that asylum seekers should be permitted to work after a given period of time in a member state, particularly having regard to the ongoing delays in processing asylum applications. [19691/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The legal basis for Council Directive 2003/9/EC of 27 January 2003, laying down minimum standards for the reception of asylum seekers (Reception Conditions Directive), is Article 63 of the Treaty establishing the European Community (TEC). Accordingly, the provisions of the Amsterdam Treaty Proto- col on the position of Ireland and the United Kingdom in relation to matters relating to asylum (Title IV TEC) apply. Ireland did not participate in the adoption and application of the 2003 Directive and there are currently no plans to exercise an opt-in in relation to it. The principal reason for Ireland’s position is the provisions of Article 11 of the 2003 Directive which deals with access to the labour market for asylum seekers. Article 11 provides that if a decision at first instance has not been taken within one year of the presentation of an application for asylum, and this delay cannot be attributed to the applicant, Member States shall decide the conditions for granting access to the labour market for the applicant. This is contrary to the existing statutory position in Ireland which provides that an asylum seeker shall not seek or enter employment. This prohibition in Irish law is maintained in the Immigration, Residence and Protection Bill 2008 which is currently before the Oireachtas. Extending the right to work to asylum seekers would almost certainly have a profoundly negative impact on application numbers, as was experienced in the aftermath of the July 1999 decision to do so. The immediate effect of that measure was a threefold increase in the average number of applications per month leading to a figure of 1,217 applications in December 1999 compared with an average of 364 per month for the period January to July 1999. Processing of Asylum Applications On the issue of timescales for the processing of asylum applications, the Deputy might note that in the Office of the Refugee Applications Commissioner (ORAC) the current average processing time for prioritised applications (applicants from South Africa and Croatia) is 3-4 weeks. The average processing time for non-prioritised applications in ORAC is 8-9 weeks. While in the Refugee Appeals Tribunal (RAT) the median processing time for accelerated appeals (appeals on papers only) is 9 weeks and is 43 weeks for substantive appeals. Some cases can take significantly longer to complete due to, for example, delays arising from medical issues, non-availability of interpreters or because of judicial review proceedings. Further complexity arises in the processing of applications because of the fact that applicants are from over 90 different countries. All asylum applications and appeals are processed in

167 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] accordance with the Refugee Act 1996 (as amended). High quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process. Persons who are refused a declaration under Section 17 of the Refugee Act 1996 (as amended) that they are a refugee subsequently enter what is commonly referred to as the “leave to remain” process. This is separate to the asylum or refugee status determination process. There is a sizeable backlog of cases awaiting processing in the Repatriation area of the Irish Naturalisation and Immigration Service (INIS), approximately 11,500 cases at the end of April 2010. Over half of these cases include an application for Subsidiary Protection as well as further consideration to be given under Section 3 of the Immigration Act 1999 (as amended). The processing of cases at repatriation stage is complex and extremely resource intensive given that where an application for Subsidiary Protection is lodged in addition to representations for consideration under Section 3 of the Immigration Act 1999 (as amended), the Sub- sidiary Protection application must be considered first to assess whether the applicant has an identifiable need for international protection. The investigation of a Subsidiary Protection application requires a fresh examination of the entire asylum file, the documentation and country of origin information submitted in support of the application as well as an examination of objective, reputable, up to date country of origin information before a conclusion can be arrived at as to whether the applicant is likely to be exposed to ‘serious harm’ if returned to his/her country of origin. Where such an application is refused consideration must then be given to the case in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), at which point the Minister must make a decision as to whether or not to make a Deportation Order in respect of that person. All of this must be done in strict compliance with the Constitution, together with relevant international treaties, such as the European Convention on Human Rights. It will be seen that these are not quick or easy decisions to make and given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention.

Crime Levels 143. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the number of burglaries committed in the Meath Hill and Drumconrath area, County Meath, in each of the past four years; the number of these burglaries that have been detected; the additional steps being taken in this area to reduce the number of burglaries; and if he will make a statement on the matter. [19741/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Síoch- ána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy. I am informed by the Garda authorities that the areas referred to are subject to regular patrols by District and Divisional resources, including uniform and plain-clothes patrols and checkpoints conducted under Operation Anvil and by Divisional detective and Traffic Corps personnel. I am further informed that a number of Community Alert schemes have been established in the area. A member of the local Community Policing Unit is working closely with local resi-

168 Questions— 13 May 2010. Written Answers dents to establish a Community Alert Scheme in the specific locality referred to. The situation will continue to be closely monitored by local Garda management.

Residency Permits 144. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [19756/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 10 July 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 July 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Garda Equipment 145. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which all Garda stations throughout the country have been provided with pulse and or other up to date communications facilities; and if he will make a statement on the matter. [19757/10]

148. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of Garda stations currently fully equipped with the most modern communications technology; the number of such stations without or deficient in such technology; and if he will make a statement on the matter. [19760/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 145 and 148 together. I am informed by the Garda authorities that there are 349 locations on the Garda Infor- mation Systems (GIS) network, which includes access to PULSE, Fixed Charge Processing System (FCPS), Automatic Fingerprint Information System (AFIS) and Garda National Immi-

169 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] gration Bureau (GNIB). These locations provide approximately 87% of Garda personnel with access to GIS and account for the capture of over 85% of incidents. In addition, the Garda Information Service Centre (GISC) in Castlebar, which is staffed primarily by civilian staff, has access to the PULSE system for recording of incident details phoned in by investigating members and from any location thereby obviating the need for Members themselves to return to a PULSE terminal to record incidents. Access to email is provided to Garda personnel as required based on operational demands and business needs. Internal email is currently provided to 13,580 Garda staff and external email facilities to 4,835 staff including all Gardaí from the rank of Sergeant upwards. An intranet facility known as the Garda Portal is also available in all networked locations providing rapid up to date communications on various administrative and operational matters. There are approximately 7000 PC’s in operation across the entire Garda organisation (which includes those networked to the GIS). There are also approximately 4,500 printers, which include multi-function units that provide additional administrative capabilities for scanning and photocopying. Garda authorities also plan to network up to an additional 60 stations by the end of 2010. In addition, a project to provide mobile access to Garda Information Systems is under consideration by Garda management. If implemented this will provide operational Gardaí with mobile access to the various systems available on the GIS network. In addition to rollout of the Garda Information Systems network and associated email services, Garda authorities advise that the National Digital Radio System (NDRS) has been rolled out to all Divisions in the Dublin Metropolitan Region, Eastern Region, Southern Region and the Louth Division covering 336 Garda Stations. Over 10,000 handsets are now live on the new system which is scheduled to be operational nationwide by the first Quarter of 2011. In the meantime Gardaí in those areas not yet covered by the new system will continue to avail of existing radio systems. Additional systems and technologies are being implemented in line with An Garda Síoch- ána’s ICT Strategy (2005-2010). A new ICT Strategy, which will supersede the current one, will be delivered in 2010 to map out future technologies required to support An Garda Síochána in delivering the business objectives as set out in the business strategy (2010-2012).

Question No. 146 answered with Question No. 21.

Crime Levels 147. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the degree to which witness or jury intimidation has been detected in the past two years; and if he will make a statement on the matter. [19759/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There is a specific statutory offence of intimidation of members of a jury. Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten or in any other way intimidate or put in fear another person who is assisting in the investigation by An Garda Síochána of an offence, or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with. I am informed by the Garda authorities that separate records are not maintained of offences under section 41 as between those directed against witnesses and those directed against jurors. Accordingly, the information available from the Gardaí covers both categories of individuals.

170 Questions— 13 May 2010. Written Answers

The Deputy will appreciate that, of their nature, instances of intimidation of jurors are less likely to come to notice than instances of witness intimidation. The table shows the position with regard to the number of proceedings that have been commenced for offences under Section 41 of the 1999 Act for the period from 2008 to 9 May, 2010:

Year Proceedings

2010* 8 2009* 24 2008 17 *Figures for 2009 and 2010 are provisional.

The statutory provisions available to counteract jury intimidation reflect the gravity of the offence. The Gardaí rigorously enforce these provisions and, of course, will continue to do so. Further legislative action has being taken, including a significant increase in the penalty following conviction for jury intimidation, in the context of the recent Criminal Justice (Amendment) Act 2009.

Question No. 148 answered with Question No. 145.

Missing Persons 149. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of persons currently recorded under the heading of missing persons; the extent to which their cases are being monitored; the degree to which a breakthrough is expected; and if he will make a statement on the matter. [19761/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the following table sets out the numbers of persons reported missing each year since 1975 and who remain untraced up to and including 7 May, 2010:

Year Missing Year Missing Year Missing

1975 15 1987 11 1999 15 1976 11 1988 16 2000 15 1977 13 1989 9 2001 60 1978 12 1990 10 2002 76 1979 7 1991 11 2003 61 1980 15 1992 7 2004 55 1981 14 1993 9 2005 41 1982 12 1994 12 2006 57 1983 15 1995 17 2007 60 1984 14 1996 10 2008 48 1985 11 1997 3 2009 89 1986 17 1998 10 2010 102 Statistics provided are operational and liable to change.

I am further informed that all incidents where persons have been reported missing remain under investigation until such time as the person is located. The District Officer (Superintendent) in the area where a person has gone missing takes direct responsibility for all investigations and searches carried out. Local investigation teams are appointed by the District 171 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] Officer, and all means necessary, including the services of specialist units, are deployed to assist in these investigations, as considered appropriate. The Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. Incidents relating to persons reported missing are the subject of review on a regular basis by the Missing Persons Bureau. I am informed that the Garda authorities are satisfied that adequate resources, including staff and technological resources, are in place to deal with missing persons cases and are in line with best international practice.

Crime Levels 150. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which serious crime figures have fluctuated in each of the past two years to date in 2010; and if he will make a statement on the matter. [19762/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Recorded crime statistics for 2009 published by the Central Statistics Office show a reduction in nine of the 14 crime groups for which statistics are given, compared with 2008. Significant decreases in the numbers of cases of manslaughter and dangerous driving leading to death contributed to a fall in homicide offences of 10.1% during 2009. There were also welcome decreases in public order offences, which were down 7.8% during 2009 and controlled drug offences, which were down 6.3%. The statistics for the first quarter of 2010, the most recent available, show a decrease in 13 of the 14 crime groups for which statistics are given, compared with the same quarter in 2009. The number of homicide offences decreased by 28% in the quarter. Public order offences decreased by 11% and controlled drug offences by 17.2%. This shows that the Government’s policies on tackling crime and the resources made available, along with the outstanding work of the dedicated members of An Garda Síochána, are having a positive effect. While there is no acceptable level of homicide, the number of cases of murder and manslaughter combined showed no increase between 2008 and 2009 or in the first quarter of 2010. The Gardaí face severe challenges in dealing with gangland murders. It was partly against that background that last year I introduced two groundbreaking pieces of legislation: the Criminal Justice (Surveillance) Act and the Criminal Justice (Amendment) Act. Since the legislation was enacted, the Gardaí have been utilising it fully to build up cases against those involved in gangland crime. I am pleased to see that charges are being brought under the legislation. In addition, there are files with the Director of Public Prosecutions, and more are being prepared for submission to him. While there was a worrying increase of 2.2% in property theft shown in the 2009 figures, the statistics for the first quarter of 2010 show welcome reductions of 2.8% in burglary and related offences and 2.9% in theft and related offences, although there was an increase of 24.3% in robbery, extortion and hijacking offences (which make up 3% of such property offences). Both the Commissioner and I have been concerned at the level of property crime and one of the policing priorities which I set for An Garda Síochána in 2010 is achieving maximum levels of safety for local communities. An Garda Síochána will continue to develop and implement strategies to target those committing such crimes, which are often carried out against vulnerable members of the community.

172 Questions— 13 May 2010. Written Answers

The Criminal Procedure Bill 2009, currently before the House, gives effect to the measures contained in the Justice for Victims Initiative. The Bill proposes to end the ban on retrying persons who have been acquitted in specified circumstances and provides for reform of the law on victim impact statements. I have recently introduced the Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010, which will see the establishment, for the first time, of a national DNA database in Ireland. This represents a major step forward in the fight against serious crime. It will give the Gardaí access to intelligence on a scale and of a quality that has never before been available in this country. The budgetary allocation for An Garda Síochána in 2010, set against a difficult economic backdrop, amounts to €1.5 billion and gives me the scope to continue to prioritise resources in dealing with crime. Despite the increased Garda retirements in 2009, the force numbered just over 14,500 members at the end of 2009, compared with 14,412 at the end of 2008 and 13,755 at the end of 2007. I have received sanction for a significant number of promotions in An Garda Síochána, notwithstanding the current moratorium on promotions in the public service. I welcome the publication of a Garda Inspectorate report on resource allocation in An Garda Síochána and recommendations which aim to improve the service to the public and the working conditions of frontline Gardaí. The Commissioner is preparing to implement a range of improvements to resource allocation systems.

Prison Accommodation 151. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent of prison cell overcrowding at present; and if he will make a statement on the matter. [19763/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): On 10 May, 2010 there were 4,214 persons in custody compared to a bed capacity of 4,066. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and do not have the option of refusing committals. Overcrowding in prisons is an international problem and is not unique to Ireland. It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 308. This represents an approximate 8% of a rise in the number in custody. The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. The Deputy will also be aware of the Government’s commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison facility will provide approximately 1,400 cells and will have operational flexibility to accommodate up to 2,200 in a range of security settings.

173 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.]

The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were published in March of this year and tenders for the construction of the perimeter wall will be published in September. Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation.

152. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prison places lost through the closure of Spike Island, County Cork and the Curragh Prison, County Kildare; the degree to which it is intended to compensate for such closures; and if he will make a statement on the matter. [19764/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The provision of 1,720 new prison places since 1997 has more then compensated for closed locations which for operational and financial reasons were no longer viable as prisons. The capacity of Spike Island and the Curragh fluctuated over the years and any potential loss in capacity has been more than offset by the bringing into operation of previously unused prison spaces and improvements to the prison estate. In particular, the opening of a new wing in Limerick Prison fully offset the loss of Fort Mitchel and the lost capacity in the case of the Curragh Place of Detention was completely offset by the bringing into operation of previously unopened spaces in the Midlands Prison. Shanganagh Castle was sold and the money received covered in full the cost of the site at Thornton Hall. The Curragh Prison has been returned to the Department of Defence. It was in a very run down condition and the redevelopment of the prison did not make economic or operational sense. Spike Island also had a number of operational deficiencies, the single biggest one being that it was an island requiring the services of a ferry. A further difficulty was that virtually all its cellular accommodation consisted of low ceiling five person cells unsuitable for holding its inmate cohort mostly young males under 21 years of age. The Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. Since 1997 in excess of 1,720 new prison spaces have come on stream in the prison system. These include the new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, it is envisaged to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. The Deputy will also be aware of the Government’s commitment to developing a new prison campus at Thornton Hall, County Dublin. The new prison campus will have approximately 1,400 cells on a 130 acre site. The new prison facility will have operational flexibility to accommodate up to 2,200 in a range of security settings. The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road were

174 Questions— 13 May 2010. Written Answers published in March of this year and tenders for the construction of the perimeter wall will be published in September. Phase 2 will include the development of the main prison campus. The detailed appraisal is underway in accordance with Department of Finance Capital Expenditure Guidelines and the new business case is at an advanced stage of preparation.

Criminal Prosecutions 153. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his plans to extradite criminals currently living on the proceeds of crime outside this jurisdiction; and if he will make a statement on the matter. [19765/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As Minister for Justice, Equality and Law Reform, I have no function in relation to the application for the issue of a European Arrest Warrant. This is a matter for the Garda authorities in consultation with the Director of Public Prosecutions. Under the European Arrest Warrant Act 2003, as amended, a court may, upon application made by or on behalf of the DPP, issue a European Arrest Warrant subject to the provisions of the Act. In relation to a person outside the EU, a request for extradition can only arise where the Director of Public Prosecutions has decided that an individual should be prosecuted in the first instance. The decision to seek the extradition of a person charged with a criminal offence in this State rests with the Director.

Crime Levels 154. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent of guns or other lethal weapons seized in each of the past 12 months to date in 2010; if evidence exists that the weapons were used in the course of crime; and if he will make a statement on the matter. [19766/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

155. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of successful convictions against organised criminal gang members in each of the past three years to date in 2010; the number acquitted; and if he will make a statement on the matter. [19767/10]

159. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of known criminal gang members or leaders apprehended, charged, convicted or acquitted in each of the past three years to date in 2010; and if he will make a statement on the matter. [19771/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 155 and 159 together. I have been informed by the Garda authorities that there are two categories of organised crime groups operating within this jurisdiction. The first category consists of individuals / groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are charac-

175 Questions— 13 May 2010. Written Answers

[Deputy Dermot Ahern.] terised by less cohesive group structures, and criminal activities which are mainly confined to Ireland. Membership of organised crime gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual’s membership of such gangs. The identification of offenders as members of a criminal gang is generally not an essential criterion in the prosecution of offences. It is not therefore possible to ascertain the precise number of criminals who are members of criminal gangs operating in this country. Nor is it possible to provide statistics of the kind sought by the Deputy. As the Deputy is aware, the Criminal Justice (Amendment) Act 2009 entered into force, in its entirety, on 23 July 2009. The primary purpose of the legislation is to make additional measures available to An Garda Síochána to combat organised crime. The Act introduced an amended offence relating to participation or involvement in organised crime with a penalty of up to 15 years imprisonment. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. I am advised by An Garda Síochána that as a result of investigations focussing on organised crime a number of Garda investigation files have been submitted to the Director of Public Prosecutions for direction. I can also inform the Deputy that four persons have appeared before the Courts this week charged with offences under the legislation relating to participation in organised crime activity. Senior management within An Garda Siochana continue to monitor developments as they occur to ensure that the resources at their disposal are deployed in the most effective manner so as to combat criminality.

Question No. 156 answered with Question No. 38.

Drugs in Prisons 157. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which illegal drug operations continue to be conducted by persons serving sentences in prison; and if he will make a statement on the matter. [19769/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A major challenge facing all prisons is the need to prevent contraband entering the prison. This contraband including mobile phones, weapons and drugs are valuable commodities which can assist in illegal activity. There are prisoners who will attempt to use whatever means possible to continue criminal activity while in prison custody. The only way to absolutely guarantee that this could not take place would be to run a prison regime where prisoners are completely isolated from others and are prevented from having any contact with other prisoners, staff or members of the outside community. Such a regime would be unacceptable by European and international human rights standards. In June 2007 the Government approved the resources necessary to introduce a package of new security measures targeting the routes whereby contraband such as drugs, weapons and mobile phones were trafficked into our prisons. The roll out of the various elements commenced in May 2008 with the establishment of the Operational Support Group which included: the introduction of enhanced security screening for all persons (visitors and staff) entering our prisons; the establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 handling teams; the establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence on illicit material

176 Questions— 13 May 2010. Written Answers being hidden inside our prisons; the Body Orifice Security Scanner (BOSS) chair was introduced by the Irish Prison Service in early 2008 and to date eight chairs have been installed. The Irish Prison Service continues to test technology for the inhibition of mobile phone signals within prisons. Trials were undertaken in Mountjoy, Limerick and Portlaoise Prisons with varying degrees of success. Evaluation is still ongoing and while the ever changing mobile phone technology presents a real challenge, the IPS remains committed to finding a solution to the illicit use of mobile phones across the prison estate. A wide range of additional security measures have also been introduced or enhanced during the period in question including: tighter control and monitoring of prisoner visits in all closed prisons; new visiting arrangements in all prisons, with visitors required to be pre-approved by the Governor and required to provide identification on each visit; greater vigilance in examining mail by prison censors and searching of other items entering the prison; increased random searching of cells and their occupants; stricter searching of all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence; use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities; installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs; and use of phone detectors and phased installation of telephone blocking technology. In addition, a high security unit was opened in Cloverhill Prison in May 2007 which enables the segregation of serious drug and criminal gang members from other prisoners, thus preventing them from conducting their illegal activities while in custody and exerting inappropriate influence over other persons. The A Block in Portlaoise is also used for a similar purpose for sentenced prisoners. There is regular contact between the Irish Prison Service and An Garda Síochána to discuss security issues and the Gardaí will be contacted whenever any suspected criminal offence has taken place. The measures introduced have had considerable success in preventing the flow of and assisting in the capture of contraband. I am determined to support the Director General of the Irish Prison Service in taking whatever practical measures are possible to thwart illegal activity. There will be no easing off in relation to the security measures already in place and enhance- ments and improvements will continue to take place in future to meet the challenges posed across our prisons.

Garda Investigations 158. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if the file has been closed in respect of the Brinks Allied cash in transit robbery 1994-1995 at Clonshaugh, Dublin; the extent of recovery of moneys stolen; and if he will make a statement on the matter. [19770/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information sought by the Deputy has been requested from the Garda Síochána and a reply will be forwarded to him as soon as it is available.

Question No. 159 answered with Question No. 154.

Departmental Staff 160. Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies

177 Questions— 13 May 2010. Written Answers

[Deputy Niall Collins.] under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19834/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The current salary level of Civil Service grades are as set out in Department of Finance Circular 28/2009. The Secretary General of my Department is on a salary of €215,590. The current rate of pay for the Garda Commissioner is €197,325 per annum. The Commissioner is a member of the Garda Síochána superannuation scheme. My total salary, both Ministerial and TD, is €191,417 per annum. I refer the Deputy to Parliamentary Question No. 273 of Tuesday, 30 March 2010, which gives comprehensive details of the remuneration package of CEOs or equivalent in Agencies under the aegis of my Department. All of the salary scales listed have been reduced with effect from 1 January 2010 in line with the provisions of the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009.

Court Procedures 161. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the action he proposes to take arising from a recent Supreme Court decision (details supplied); and if he will make a statement on the matter. [19852/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Deputy will appreciate that the effect of the recent judgment of the Supreme Court is that the State does not have a constitutional obligation to make available a simultaneous translation into Irish of all Rules of Court. However, it is obliged to make such Rules available in Irish as soon as practicable after their publication in English. My Department has already made substantial progress with translation of Rules of Court. It published an Irish translation of the 1,200 page District Court Rules, 1997, in December 2004. It has also published an Irish translation of approximately 30 amendments to those Rules. These translations are available on the Courts Service website, www.courts.ie. Earlier this year my Department published an Irish translation of the Circuit Court Rules, 2001. It has also translated all but a couple of the amendments made to those Rules up to early 2009. The translation of both the Rules and 4 of those amendments have been provided to the Courts Service for publication on its website and the translation of the remaining amendments will be published in succession over the coming weeks. My Department has also translated the Rules of the Superior Courts, 1986, and is preparing these Rules for publication. It also commenced translating amendments to these Rules earlier this year and the first of those translations will be published shortly. When published, my Department will have published an Irish translation of all the main bodies of Rules of Court.

Visa Applications 162. Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the position regarding visa applications in respect of persons (details supplied); when a decision will be issue; and if he will make a statement on the matter. [19856/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can confirm that the applications in question were made through my Department’s on-line visa system on 16/3/2010 and that documentation relating to these applications was subsequently received by

178 Questions— 13 May 2010. Written Answers the Honorary Consul for Ireland in Nairobi, Kenya. The applications are receiving attention and a decision will be made in due course.

Garda Recruitment 163. Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform when applications will be accepted for new recruits to An Garda Síochána; and if he will make a statement on the matter. [19857/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Com- missioner is closely monitoring the levels of Garda strength around the country, taking into account the level of retirements and recent attestations of students. I will continue to consult with my colleague the Minister for Finance on when a resumption of Garda recruitment will be necessary so as to keep Garda numbers up to approved levels. In all this, my priority is to maintain Garda operational strength. A necessary first step will be a competition to establish a panel of approved candidates and, as I recently indicated, I believe that this should take place later this year.

Citizenship Applications 164. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 20; and if he will make a statement on the matter. [19859/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question 192 on 29 April, 2010. The position remains as stated.

165. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [19860/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in November 2007. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More compli- cated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. However, I understand that the person concerned is a refugee. In accordance with the Government’s obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible. Officials in the Citizenship Division inform me that processing of the application is at an advanced stage and the file will be submitted to me for a decision in due course. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

179 Questions— 13 May 2010. Written Answers

Refugee Status 166. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason for the decision to revoke refugee status in respect of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19861/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The reason for the decision to revoke refugee status is that the person in question received a number of convictions, including a custodial sentence of 7 years under the Misuse of Drugs Act 1984. The reason was set out in the proposal to revoke refugee status letter which was issued to the person in question on 16 October 2009.

Citizenship Applications 167. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19862/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials in the Citizenship section of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s Question.

Residency Permits 168. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended leave to remain will be offered to a person (details supplied) in County Louth; and if he will make a statement on the matter. [19863/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned was, as an exceptional measure, granted temporary permission to remain in the State for a six month period to 10 December 2009. This decision was conveyed to the person concerned by letter dated 10 June 2009. This permission was, by letter dated 16 December 2009, renewed for a further three month period, to 10 March 2010. The person concerned is, as is any other person in such circumstances, required to apply in writing for the renewal of this permission one month in advance of its expiry date. As the person concerned did not apply for the renewal of this permission within the specified time frame, he was reminded of the requirement that he do so by letter dated 27 April 2010. As my Department’s records show no evidence of such a renewal application having been received to date, it is recommended that the person concerned should do so without further delay.

Citizenship Applications 169. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason for refusal of citizenship in respect of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [19864/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in October 2007 and I decided in my absolute discretion not to grant a certificate of naturalisation. The person in question was informed of this decision and the reasons for refusal in a letter issued to him on 1 April, 2010.

180 Questions— 13 May 2010. Written Answers

It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department at anytime however, he should bear in mind the reasons for refusal of his previous application.

Residency Permits 170. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [19865/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Representations were received on 22 June 2009 from the legal representative of the person concerned asking that his Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned and his legal representative were advised of this decision by letter dated 15 July 2009. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.

171. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19866/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made an application for a change of status in July 2009. A decision in this case issued to the applicant on 7th April 2010 and a copy of the consideration detailing the reasons for the decision was also provided.

172. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [19867/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by my officials that no application for Long Term Residency from the person referred to by the Deputy has been received in my Department.

173. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19868/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by my officials that the person referred to by the Deputy was granted Long Term Residency on the 17th of July 2006.

Asylum Applications 174. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [19869/10]

181 Questions— 13 May 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 11 August 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 19 May 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits 175. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19870/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the name and reference number submitted by the Deputy do not correlate and no other application can be found in this person’s name, I regret that it is not possible to provide a response to the Deputy’s Question.If the Deputy wishes to re-submit his Question with the correct details included, I would be happy to provide a response.

Garda Investigations 176. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason a driver’s licence has not been returned to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19872/10]

Citizenship Applications 177. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform

182 Questions— 13 May 2010. Written Answers the position regarding an application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19873/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my answer to his previous Parliamentary Question No 128 put down for answer on 22nd April 2010. I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made a Family Reunification application in May 2007. A decision in this case issued to the applicant on 19th January 2010 and a copy of the consideration detailing the reasons for the decision was also provided.

Prisoner Complaints Procedures 178. Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform if he will investigate the circumstances surrounding the arrest of a person (details supplied) and who, it is alleged, suffered injuries during their arrest on 18 April 2010; if he will ensure that this person is not deported from the State until such investigation is completed; and if he will make a statement on the matter. [19882/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have sought a report on the matter from the relevant officials in the Irish Naturalisation and Immigration Service (INIS). When I have received this report, I will then write to the Deputy directly.

Garda Operations 179. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if consideration has been given to requiring the Garda to give a reference number or complaint number to members of the public who call the gardaí to report a possible crime or disturbance; and if he will make a statement on the matter. [19886/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that, where a crime has occurred, a record of the crime is created on the Garda PULSE system, which produces a unique reference number for that crime. Where appropriate, this unique reference number can be made available to relevant parties. With certain categories of crime, PULSE automatically generates a letter which is forwarded to the victim or victims. This letter includes the crime reference number and details of the investigating Garda and can be used as proof of reporting, if required.

Departmental Staff 180. Deputy Niall Collins asked the Minister for Foreign Affairs his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19832/10]

Minister for Foreign Affairs (Deputy Micheál Martin): As of 1 January 2010, the salary paid to me by the Department of Foreign Affairs is €98,745.00. This figure does not include the salary paid to me by the Houses of the Oireachtas. The accompanying table sets out the number and grades of staff in my Department whose salary scales are comparable to, or at a higher level than, my own.

183 Questions— 13 May 2010. Written Answers

[Deputy Micheál Martin.]

Grade Salary Scale Number of officers

Secretary General €215,590 (non-PPC) 1

Second Secretary General €188,640 (non-PPC) 2

Deputy Secretary €168,000 (non-PPC) 5

Assistant Secretary/Legal Adviser €127,796 – €146,191 (non-PPC) 41

Principal Development Specialist €92,672 – €105,356 (non-PPC) 4 €97,417 – €110,770 (PPC)

Counsellor Higher Scale/Principal Officer €85,957 – €105,429 (non-PPC) 24 Higher Scale/Professional Officer Grade III €90,355 – €110,844 (PPC)

Counsellor/Principal Officer/Deputy Legal Adviser €80,051 – €98,424 (non-PPC) 56 €84,132 – €103,472 (PPC)

Personal Pension Contribution (PPC) scales apply where officers were employed since 6 April 1995, pay the class A rate of PRSI and make a personal pension contribution. The figures given are effective 1 January 2010. There are no State Agencies under the aegis of the Department of Foreign Affairs.

181. Deputy Niall Collins asked the Minister for Tourism, Culture and Sport her salary cost; the number and grades of staff in her Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of her Department which are comparable or higher than her salary, in tabular form; and if she will make a statement on the matter. [19837/10]

Minister for Tourism, Culture and Sport (Deputy Mary Hanafin): The table below sets out the cost of my combined T.D and Ministerial salary.

€

T.D 92,672 Ministerial 98,745

Total 191,417

The salaries payable to the staff in my Department are set out in Department of Finance Circular 28/2009 which is available on the Department of Finance website. There is no member of staff in the Department on a salary equal to or higher than my combined salary. In regard to the remuneration packages of Chief Executive Officers/Directors of the agencies under the aegis of my Department I refer the Deputy to question number 13630/10 dated 30 March 2010. As the Deputy will be aware Horse Racing Ireland and Bord na gCon, both of whom are listed in the reply, are no longer under the aegis of the Department.

Rail Network 182. Deputy Pat Breen asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Question No. 630 of 20 April 2010 when he expects a decision to issue 184 Questions— 13 May 2010. Written Answers in respect of funding for a project (details supplied) in County Clare; and if he will make a statement on the matter. [19810/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): Officials of my Department have been in contact with the company referred to by the Deputy regarding the proposal submitted in this case and are awaiting further information. I am not in a position at this time to advise when a decision will be made regarding the possibility of any funding for this proposal being provided from my Department. As I have indicated previously, consideration of this project can only take place in the context of the resources available to my Department this year and in future years. I should also re-iterate the fact that I do not have primary responsibility, as Minister, for the provision of facilities of the nature referred to.

Departmental Staff 183. Deputy Niall Collins asked the Minister for Community, Rural and Gaeltacht Affairs his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19826/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): The table below sets out the cost of my combined Ministerial and T.D. salaries, as well as the cost of the salary of the Secretary General of my Department, who is the only member of staff on a comparable or higher salary. In relation to the State agencies funded from my Department’s Vote Group, I understand that there are no cases where a comparable or higher remuneration package is payable.

Salary Effective from €

Minister 191,417 1 January 2010 Secretary General 188,640 1 January 1010

Medical Aids and Appliances 184. Deputy Bernard Allen asked the Minister for Social Protection the reason a person (details supplied) in County Cork has been refused a medical appliance on the grounds of insufficient contributions. [19703/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): The Treatment Benefit scheme, which includes Medical Appliance Benefit, is a PRSI-based scheme for which customers may qualify once they have paid a certain number of reckonable PRSI contributions. Only PRSI at classes A, E, H, and P is reckonable. As the person concerned is aged over 66, the Regulations require him to have paid, or been credited with, at least 39 PRSI contributions at class A, E, H, or P, in any of the following years: 1990/91, 1991/92 (the two tax years before age 66 years or 1984/85, 1985/86 (the two tax years before turning 60 years). However, according to this Department’s records, he has paid class D PRSI since 1979. Class D contributions do not count towards qualification for Treatment Benefit, and therefore, based on the qualifying conditions, he does not qualify. He may previously have qualified for benefit at some point, but eligibility is established anew each year (up to age 66), depending on the 185 Questions— 13 May 2010. Written Answers

[Deputy Éamon Ó Cuív.] previous year’s PRSI class. Qualifying conditions differ from scheme to scheme, so it is possible to qualify for the State Contributory Pension while not qualifying for Treatment Benefit.

Social Welfare Benefits 185. Deputy Terence Flanagan asked the Minister for Social Protection if he will support the case of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [19727/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.

Pension Provisions 186. Deputy John McGuinness asked the Minister for Social Protection the progress arising from a meeting held on the 5 May 2010 between his Department officials and retired coal miners; if his Department will be appointed to progress their claim to determine if there will be a Government response; and if he will make a statement on the matter. [19752/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): The issues raised by the National Coalminers Group in the course of the meeting held on the 5th May are currently being considered. I will be pleased to advise the Deputy once that consideration has been finalised.

Social Welfare Benefits 187. Deputy Bernard J. Durkan asked the Minister for Social Protection when supplementary welfare allowance will be reinstated in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19777/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.

Question No. 188 withdrawn.

Social Welfare Appeals 189. Deputy Michael Ring asked the Minister for Social Protection when an appeal will be heard in respect of a person (details supplied) in County Mayo. [19780/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that Office. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Depart- ment and is responsible for determining appeals against decisions on social welfare entitlements.

190. Deputy Noel Ahern asked the Minister for Social Protection the position regarding the case of a person (details supplied) in Dublin 9; if their case will be appealed with new medical data provided; if payment is continuing; and if he will make a statement on the matter. [19782/10]

186 Questions— 13 May 2010. Written Answers

Minister for Social Protection (Deputy Éamon Ó Cuív): Payment of illness benefit to the person concerned was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work. Additional medical evidence provided did not alter the opinion of the Medical Assessor. I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. On receipt of her response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

191. Deputy Willie Penrose asked the Minister for Social Protection if he will expedite a social welfare appeal hearing in respect of a person (details supplied) in County Westmeath regarding a refusal of their application for carers allowance as this appeal was submitted on the 9 July 2009; and if he will make a statement on the matter. [19787/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will be informed when arrangements have been made. There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There has been an increase of a further 46% in the number of appeals received in the first quarter of 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, oral hearings are arranged in strict chronological order. The Social Welfare Appeals Office functions independently of the Mini- ster of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

192. Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal against the decision to refuse an exceptional needs payment in respect of a person (details supplied) in County kildare; and if he will make a statement on the matter. [19823/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.

Departmental Staff 193. Deputy Niall Collins asked the Minister for Social Protection his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officerholders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19835/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): The following tabular statement lists the staff, in the Department, that receive a salary that is the same or higher than my salary. None of the office holders, in agencies under the aegis of the Department, receive remuneration that is the same or higher than my salary.

187 Questions— 13 May 2010. Written Answers

[Deputy Éamon Ó Cuív.]

Position Salary €

Minister 191,417 Secretary General 215,590

Money Advice and Budgeting Service 194. Deputy Charlie O’Connor asked the Minister for Social Protection if additional funding will be provided to the Money Advice and Budgeting Service in Tallaght, Dublin 24 to deal with the extra pressure on MABS; the services that are available; and if he will make a statement on the matter. [19851/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): Members of the public can get money advice, assistance and support from MABS through three channels:

• The MABS National Telephone Helpline — LoCall 1890 283438, available from 9am to 8pm Monday to Friday;

• The MABS website www.mabs.ie provides online money management and budgeting advice through the MABS self-help guide and can be accessed 24 hours a day;

• Local personal services are available at over 65 locations throughout the country providing a face-to-face service for people, by appointment.

The Helpline handles straight-forward cases. Over 90% of callers to the Helpline find that their money management and budgeting issues can be resolved with the assistance of the helpline advisor. In response to the increased demand for the Money Advice and Budgeting Service (MABS) in Tallaght, additional funding was approved in 2009 for the recruitment of an extra full-time money advisor. This additional post is in place since 2nd November 2009. I am satisfied that the additional resources provided to Tallaght will assist them to meet the demand for their services.

Social Welfare Code 195. Deputy Frank Feighan asked the Minister for Social Protection if he will review an anomaly affecting the self-employed (details supplied). [19876/10]

Minister for Social Protection (Deputy Éamon Ó Cuív): The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full-rate PRSI Class A. Self-employed workers are not insured against short-term benefits such as illness and jobseeker’s payments — these are only available to persons covered by PRSI Classes A, E, H and P. This reflects the need for coverage for various contingencies, the rate of contributions that self-employed persons pay, the practicalities of administering and controlling access to short- term payments and the annualised system of contributions that these same persons enjoy. A 188 Questions— 13 May 2010. Written Answers system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems. In this regard I understand that there is no compulsory unemployment insurance for the self-employed in Germany. There are no immediate plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution. Self-employed workers who do not qualify for an insurance-based benefit may establish entitlement to assistance-based payments such as Jobseeker’s Allowance. They can apply for the means-tested Jobseeker’s Allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. In general, their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year. In the current climate account is taken of the downward trend in the economy.

Reserve Defence Force 196. Deputy Ciarán Lynch asked the Minister for Defence the number of Reserve Defence Force who completed annual training in 2009; the number of same that were paid a gratuity; the expenditure on the Reserve Defence Forces for 2009 compared to the budget provision; and if he will make a statement on the matter. [19739/10]

Minister for Defence (Deputy Tony Killeen): The Defence Vote provides for Reserve Defence Force (RDF) training, gratuities, allowances and also provides for grants paid into unit funds. The expenditure outturn for 2009 was €6,651,000 out of a budget provision of €8,900,000. Training in the Reserve is voluntary and comprised of both paid and unpaid training. In 2009, 3,565 members of the Reserve choose to avail of paid mandays. Gratuities are also paid to reservists who complete specified periods of paid and unpaid service. In 2009, 2,431 members of the Reserve met the required criteria and were paid a gratuity. The 2010 provision for Subhead D is €4.7 million. Within this provision, the number of paid training days available to members of the Reserve in 2010 is approximately 31,000 days. In light of this reduced paid training day provision, it is anticipated that there will be an increased emphasis on voluntary unpaid training. Accordingly, the allocation of paid training to individual reservists will take account of voluntary unpaid training undertaken. The aim is to ensure that reservists who complete specified voluntary unpaid training will be afforded the opportunity to avail of a minimum of 7 days paid training. The Reserve Defence Force Review Implementation Plan, which was developed following broad stakeholder consultation, has provided the framework for the development of the Reserve over recent years. There is now a requirement to examine the progress that has been made and to chart the future direction of the Reserve. Work has commenced on a Value for Money Review of the Reserve and the findings of this Review, together with the lessons learned from the Implementation Plan to date, will inform future plans for the Reserve.

Departmental Staff 197. Deputy Niall Collins asked the Minister for Defence his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officerholders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19827/10]

189 Questions— 13 May 2010. Written Answers

Minister for Defence (Deputy Tony Killeen): My salary costs are as follows:

Salary Costs €

Ministerial Salary 98,745 T.D’s Salary 92,672

Total 191,417

In relation to transport, I have the use of a ministerial car that is driven by members of An Garda Siochána. The costs in relation to the operation of this car are not borne by the Department. The Secretary General of my Department is paid a salary of €188, 640 and the Chief of Staff is paid a salary of €179,658. The Chief of Staff is provided with an official car and military driver for official duty purposes. No other staff in the Department, the Permanent Defence Forces or the State agencies under the aegis of the Department are in receipt of a comparable or higher remuneration package.

Fisheries Protection 198. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government his views on fishermen’s concerns that seals are damaging fish stocks in Area 6A; his further views on the Conservation of Seals (Scotland) Order 2007; the implications for Irish fish stocks of the presence of 350,000 seals off the Scottish coast; and if he will make a statement on the matter. [19712/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Both Irish species of seal, the grey and harbour (or common) seal, are protected under the Wildlife Acts and the EU Habitats Directive. Under Section 42 of the Wildlife Act, 1976 (as amended) if seals are found to be causing serious damage to other fauna, to a fishery or to aquaculture installations they may be scared, captured or killed on receipt of a permit issued by the National Parks and Wildlife Service of my Department. Issues in relation to fish stocks are more appropriately addressed to the Minister for Agri- culture, Fisheries and Food. While the Conservation of Seals (Scotland) Order 2007 is a matter for the Scottish authorities, I understand that it is concerned with the harbour seal and according to the UK Govern- ment’s Special Committee on Seals report in 2009, major declines have now been documented in that species around Scotland, with declines of up to 50% since 2000 in Orkney, Shetland, the Moray Firth and the Firth of Tay.

Local Authority Charges 199. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the number of non-residents per local authority area who made payments under the non-principal private residence legislation; and if he will make a statement on the matter. [19736/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The latest information available to me in relation to the payment off the non-principal private residence charge by non-residents is as at 3 March 2010 in relation to liability for 2009. That information is set out in a table.

190 Questions— 13 May 2010. Written Answers

Non-Principal Private Residence Charge 2009

Non-Resident Owners as at 3 March 2010

Total No. of NPPRs Non-Resident Owners

Carlow County Council 3,042 65 Cavan County Council 3,864 237 Clare County Council 9,194 337 Cork City Council 11,818 186 Cork County Council 25,550 1203 Donegal County Council 13,574 4670 Dublin City Council 55,663 1213 Dún Laoghaire-Rathdown County Council 13,741 548 Fingal County Council 14,780 390 Galway City Council 10,618 171 Galway County Council 9,327 490 Kerry County Council 13,916 862 Kildare County Council 9,377 142 Kilkenny County Council 4,152 95 Laois County Council 3,000 53 Leitrim County Council 2,795 207 Limerick City Council 5,999 62 Limerick County Council 6,597 172 Longford County Council 2,598 72 Louth County Council 5,336 236 Mayo County Council 9,753 794 Meath County Council 6,481 191 Monaghan County Council 2,151 111 North Tipperary County Council 3,379 84 Offaly County Council 2,923 49 Roscommon County Council 3,886 168 Sligo County Council 5,330 343 South Dublin County Council 10,995 259 South Tipperary County Council 4,391 123 Waterford City Council 4,420 44 Waterford County Council 4,091 150 Westmeath County Council 5,296 90 Wexford County Council 11,970 247 Wicklow County Council 6,783 241

Grand Total 306,790 14,305

Grant Payments 200. Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government when an outstanding hen harrier payment will be awarded in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [19753/10]

Minister for Enterprise, Trade and Innovation (Deputy Batt O’Keeffe): My Department is awaiting receipt of confirmation from the applicant’s farm planner of compliance by the appli- 191 Questions— 13 May 2010. Written Answers

[Deputy Batt O’Keeffe.] cant with the provisions of the farm plan. Payment can be made when this confirmation is received.

Departmental Staff 201. Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officerholders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19830/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My salary costs amount to €207,677, consisting of a Ministerial salary of €115,005, paid by my Department, and a Deputy’s salary of €92,672, paid by the Houses of the Oireachtas. The Secretary General, whose salary is €215,590, is the only member of staff in my Depart- ment on a comparable or higher salary. The Chairperson of An Bórd Pleanála, with a salary of €206,616 at 1 January 2010, is the only staff member of an agency under the aegis of my Department with a salary comparable to or higher than mine.

Tax Collection 202. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the reasons for changing the month in which the non-principal private residence tax falls due from October to July; the amount of extra revenue this change generates; and if he will make a statement on the matter. [19844/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The €200 non-principal private residence charge was introduced in the Local Government (Charges) Act 2009, which came into force in July 2009. As an exceptional measure for the year of introduction, the liability date for the charge was fixed at 31 July 2009. The Act provides that the liability date for 2010 and future years is 31 March. Payment does not fall due until two months after the liability date and there is a further one month’s grace period before penalties for late payment commence. A person liable for the charge in 2010 thus has until 30 June 2010 to meet that liability without incurring any additional charge. As of 12 May 2010, this charge has generated revenue of some € 62.8 million in respect of its first year of operation i.e. 2009.

Fire Stations 203. Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the situation regarding proposals for a new fire station at a location (details supplied) in County Cork; if he will accept proposals to either lease existing buildings which have been modified for this purpose or design, build and lease options; and if he will make a statement on the matter. [19846/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of premises is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. The Department’s role is one of supporting and assisting local

192 Questions— 13 May 2010. Written Answers authorities in delivering fire services through the provision of funding under the fire service capital programme and through setting of general policy. No proposals have been received by my Department from Cork County Council to lease existing buildings for use as a fire station in Macroom. Further investment in the fire service in Cork County Council will be considered under future capital programmes having regard to the existing facilities, the level of activity, the proximity of other fire stations, the fire authority’s priorities and the totality of demands of other fire authorities on the limited funds available under the fire services capital programme.

Planning Issues 204. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government if a person whose family home has been purchased under a compulsory purchase order and who then applies for planning permission for a new family home, will be refused said permission on the grounds that they are not originally from the area; and if he will make a statement on the matter. [19858/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Ciarán Cuffe): The setting of local need criteria for rural dwellings is a reserved function of the elected members of an area within the statutory development plan process. The 2005 Guidelines for Planning Authorities on Sustainable Rural Housing provide that reasonable proposals on suitable sites for persons who are part of, and contribute to, the rural community should be accommodated, subject to the need for proper consideration of matters such as adequate wastewater disposal, road safety and design standards. The Guidelines use illustrative examples to demonstrate that people who fall into the category of having local roots or links would include people who have spent much of their lives in rural areas and are building their first homes, farmers and their families, returning emigrants, people involved in forestry, inland waterway and marine related occupations, teachers in rural schools and other people whose work is predominantly in rural areas. This list is not intended to be exhaustive; planning authorities are asked to carry out their own assessment of the rural housing needs for their areas, taking account of local conditions and planning issues as appropriate. It should also be noted that, under section 30 of the Planning and Development Act 2000, the Minister for the Environment, Heritage and Local Government cannot exercise any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

Tax Code 205. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government when he will issue a full response to a query regarding a non-principal private residence tax (details supplied); and if he will make a statement on the matter. [19875/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A reply to the correspondence to which the Question refers was issued by my office on 11 May.

Energy Conservation 206. Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources the position regarding the mureas insulation scheme in County Roscommon; the number of applications received to date; the number of insulation jobs that have been completed; the length of waiting lists for applicants. [19878/10]

193 Questions— 13 May 2010. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): To date in 2010, the Warmer Homes Scheme (WHS) has been delivered to 4,096 homes nationally of which 151 homes have been in County Roscommon. Twenty of these have been completed by Mureas with an additional 131 having been delivered by Roscommon Integrated Develop- ment Company which also provides coverage of the WHS in County Roscommon. Both organisations are supported by private contractors where necessary. Waiting time for the delivery of the scheme by Mureas is about 3 months at present but I can report that the organisation is making good progress in reducing that time. More generally the Deputy may wish to note that a dedicated hot line — 1800 250 204 — has been in operation for some time and all queries, from scheme applicants and public representatives, on delivery dates for individual households and/or funding agreements are dealt with immediately. In addition, the WHS programme manager, Mr. Michael Martin of the Sustainable Energy Authority of Ireland, is available to deal with queries on 042 939 1548. The availability of both points of contact ensures that there is no delay in dealing with specific queries related to the delivery of the WHS.

207. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if he will list each building energy efficiency scheme in operation for 2010; the amount of Exchequer funding allocated to each scheme in 2010; the amount paid out in each scheme for 2010 to date; and if he will make a statement on the matter. [19710/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The following table sets out the capital allocation and expenditure to date for the Home Energy Savings Scheme (HES), the Warmer Homes Scheme (WHS) and the Energy Efficiency Retrofit Fund (EERF) for Public and Business Sector. The table does not include the current costs associated with the administration of these programmes.

Programme/Project 2010 Capital Amount paid out Budget in 2010 to date

€ million € Home Energy Saving (HES) Scheme 43.6 13.3 Warmer Homes Scheme (WHS) 29.9 3.8 Energy Efficiency Retrofit Fund (EERF) for Public and Business Sector 7.0 Funding will be drawn down in late 2010

I am confident that for 2010 as a whole, there will be a strong drawdown of allocations under the above schemes. A further €40 million has been allocated by the Minister for the Environment, Heritage and Local Government to improving the energy efficiency of social housing across the country. This unprecedented level of funding in 2010 will support energy efficiency improvements in over 60,000 homes and buildings, support 5,000 jobs and create energy efficiency savings worth a total of €400 million over their lifetime.

Telecommunications Services 208. Deputy Michael Kennedy asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the need for Eircom to provide an upgrade in the phone exchange in Rush, County Dublin; if he will relay new cabling in the surrounding areas, particularly in Lusk, County Dublin, in order to provide an improved broadband service in these areas; and if he will make a statement on the matter. [19738/10] 194 Questions— 13 May 2010. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The issues of the upgrading of exchanges and the deployment of cabling raised by the Deputy are commercial and operational matters for eircom and I am therefore not in a position to intervene in this case.

Compensation Schemes 209. Deputy John McGuinness asked the Minister for Communications, Energy and Natural Resources the progress arising from a meeting held on the 5 May 2010 between officials from his Department and retired coal miners; if his Department will be appointed to progress their claim to determine if there will be a Government response; and if he will make a statement on the matter. [19751/10]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Conor Lenihan): I have, on a number of previous occasions, explained that I have no statutory function in relation to provision of compensation to people who consider their health has suffered as a consequence of working in mines. Any question of compensation to former miners, or any other type of employees, who suffer health problems as a consequence of working conditions in the past, is primarily a matter between them and their employers. The functions of the mines inspectorate, which relate to working conditions of miners, are carried out by the Health and Safety Authority. Responsibility for this area was identified under the Mines and Quarries Act 1965 as residing with the Minister for Industry and Commerce, which has now devolved to the Minister for Enterprise, Trade and Innovation. A number of Ministers agreed to a request on behalf of the former coal miners that officials from their Departments would meet with their representatives on 5 May to hear their concerns again. Following on from that meeting, the officials concerned are reporting back to their respective Ministers for consideration of the matters raised.

Electricity Generation 210. Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources the total consumption of electricity in 2007, 2008 and 2009; and if he will make a statement on the matter. [19779/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): EirGrid, plc is the Irish transmission system operator and has a statutory responsibility for forecasting and reporting on supply and demand in the Irish electricity system. EirGrid has provided the following data in relation to the total consumption of electricity in Ireland:

Year

2007 28,336.4 GWh (based on 52 weeks) 2008 29,357.1 GWh (based on 53 weeks) 2009 27,319.3 GWh (based on 52 weeks)

These figures are given as Giga Watt Hours. EirGrid also publishes an annual Generation Adequacy Report, which sets out estimates of the demand for electricity in the following 7-year period, the likely production capacity that will be in place to meet this demand, and assesses the consequences in terms of the overall supply/demand balance. In its most recent Generation Adequacy Report for the period 2010 to 2016, EirGrid highlighted that the change in the economic climate since 2008 has been reflected in a reduction in electricity demand. It also noted that this reduction in demand, 195 Questions— 13 May 2010. Written Answers

[Deputy Eamon Ryan.] coupled with the connection of new generation, improved generator availability, and increased interconnection, means that there is adequate capacity to meet demand in accordance with system standards over the next seven years.

Telecommunications Services 211. Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources the reason broadband service provided to a person (details supplied) in County Galway is of such inferior quality; if he will give consideration to the provision of a repeater box for a number of customers in this area who just have a very problematic service from a provider; and if he will make a statement on the matter. [19785/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The direct provision of broadband services is a contractual matter between the service provider and its customer and I am therefore not in a position to intervene in such matters. The service provider retains the primary responsibility for complaint resolution where a user experiences difficulties with the service being provided to them. If a customer is not satisfied with the service provider’s complaints handling procedures, he or she may contact the Com- mission for Communication Regulation (ComReg). The Communications (Regulation) Act, 2002, as amended outlines ComReg’s role in protecting and promoting consumer interests. Under this Act, ComReg is mandated to ensure a high level of protection for consumers in its dealings with suppliers and to investigate complaints from consumers regarding the supply of and access to, electronic communications services, networks and associated facilities.

Departmental Staff 212. Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19825/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My annual salary as Minister for Communications, Energy and Natural Resources and as a TD is €191,417. The Secretary General is the only other officer in my Department that has a comparable or higher salary, which is currently €215,590. In relation to the State Agencies under the aegis of my Department the remuneration packages of the Chief Executives of the following Commercial Bodies are comparable to or higher than my salary:

• RTÉ;

• TG4;

• Bord Gáis Éireann;

• Bord na Móna;

• EirGrid;

• ESB;

196 Questions— 13 May 2010. Written Answers

• An Post;

• Ordnance Survey Ireland.

Details of the remuneration package for the Chief Executives of the above Bodies are available in the respective Annual Reports. In relation to the non-commercial Bodies under the aegis of my Department, only the Chair of the Commission for Energy Regulation is in receipt of a comparable or higher salary. The current salary for the Chair is €198,569. The terms and conditions for this post are in line with those of the Civil Service Secretary General Grade III.

Direct Payment Schemes 213. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 480 of 23 February 2010 the reason his Department has not made contact with a person (details supplied) to date; and if he will as a matter of urgency transfer the unused entitlements to this person; and if he will make a statement on the matter. [19731/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): A representative of my Department has been in contact with the person named and has notified her that the 7.92 entitlements which were previously lost to the National Reserve due to non-usage in 2007, 2008 and 2009 have now been returned under force majeure due to the extenuating circumstances involved. However, these entitlements now require to be transferred to her as they are currently registered in the name of her late husband. My Department is assisting the person named with this transfer and has offered ongoing assistance where required.

Grant Payments 214. Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if an application for review of penalties applied in respect of a person (details supplied) in County Westmeath will be completed; and if he will make a statement on the matter. [19788/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12 May 2009 declaring a total area of 65.24ha. This application was selected for and was the subject of a ground eligibility inspection. Dur- ing the course of the inspection discrepancies were found with parcel numbers X13101048 and X13504091 and the area found eligible for Single Payment Scheme was 54.10ha. These discrepancies included inadequate deductions made for Roads, Farmyards and Scrub. As there is an over declaration of over 20% no payment can be made under the Single Payment Scheme/Disadvantaged Area Compensatory Allowance Scheme for the year in question. A review of the case has been sought by the person named and is currently being dealt with by my Department. My Department will be in touch with the person named shortly to inform them of the result of this review. If the person named is not happy with the outcome of the review, he may make a further appeal to the Agriculture Appeals Office.

Installation Aid Scheme 215. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when installation aid will be awarded in respect of a person (details supplied) in County Cork. [19797/10]

197 Questions— 13 May 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Installation Aid Scheme. Payment of the standard amount available under the Scheme issued on 27 January 2009. My Department is currently processing an application for a top-up payment under the Scheme. Payment of this additional grant-aid will be made once it has been established that the requirements of the top-up element have been met. The outcome of my Department’s examination of the application will be made known to the applicant shortly.

216. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when the young farmers’ installation aid will be awarded in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [19798/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Young Farmers’ Installation Scheme. Under the terms of the Scheme, payment of the grant is made once it has been established that the requirements of the Scheme have been met, including the conditions in relation to property, education and income. The outcome of my Department’s examination of the application will be made known to the applicant shortly.

Grant Payments 217. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when the forestry premium will be awarded in respect of a person (details supplied) in County Cork. [19799/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The applicant’s For- estry Management Plan was returned to him on 5 May 2010 for clarification on the size of the plantation. No forestry premium will issue until the Plan is returned and outstanding issues clarified.

Departmental Staff 218. Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food his salary cost; the number and grades of staff in his Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of his Department which are comparable or higher than his salary, in tabular form; and if he will make a statement on the matter. [19824/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My combined TD and Ministerial salary is €191, 417. The salary of the Secretary General of my Department is €215,590. The salary of the CEO of Coillte is €297,024. He has a provision in his contract enabling him to participate in a performance related award scheme, though payments under the scheme have been suspended. There is also provision for a car and pension arrangements.

Grant Payments 219. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the reason for the delay in the REP scheme 4 payment in respect of a person (details supplied) in County Mayo; when payment will issue; and if he will make a statement on the matter. [19839/10]

198 Questions— 13 May 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The application from the person named was received on 17 June 2009 and his REPS 4 contract begins on 1 January 2010. The applicant will not be eligible for a payment in respect of 2010 until administrative checks on all 2010 applications for REPS 4, as well as cross-checks against Single Payment Scheme entitlements, are completed. As a result, payment is likely to take place in the Autumn.

EU Funding 220. Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the amount of funding available from the European Commission under the European Globalisation Fund in respect of former workers at a company (details supplied); the amount of Exchequer funding being provided; the way this will benefit the former employees; and if she will make a statement on the matter. [19699/10]

221. Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the way in which the funding available under the European Globalisation Fund in respect of former workers at a company (details supplied) will be dispersed; the Departments and agencies that will be involved in allocating these funds; if a decision has been made on the amount of funding that will be allocated to each Department and agency; and if she will make a statement on the matter. [19700/10]

222. Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the application process for person’s applying for funding available under the European Globalisation Fund in respect of former workers at a company (details supplied); when a person may start applying; when the application period will close; and if she will make a statement on the matter. [19701/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): I propose to take Questions Nos. 220 to 222, inclusive together. My Department submitted an application on 7th August 2009 to the European Commission for a total of €3.95m in funding in relation to over 650 workers made redundant since 30th January 2009 at Waterford Crystal and three ancillary companies. The funds, if approved, will go towards the cost of provision of a personalised package of occupational guidance, training, upskilling, education opportunities and enterprise supports for eligible workers. The maximum 65% contribution allowable (€2.57m) is being sought from the European Globalisation Adjust- ment Fund (EGF) with the remaining 35% (€1.38m) to be funded by the Government. FÁS, Enterprise Ireland, Waterford City and County Enterprise Boards, Waterford City and County Vocational Committees and the Waterford Institute of Technology are already offering a range of relevant supports. If the EGF application is subsequently approved by all relevant EU budgetary authorities including the Council of Ministers and the European Parliament, having been approved by the College of Commissioners on 6th May 2010, funding will be distributed through these State agencies for the further provision of eligible supports with my Department acting as the overall managing authority at national level. FÁS is currently co-ordinating ongoing service provision in co-operation with other relevant State agencies and the Waterford Institute of Technology. A recent public procurement process sought tenders for the services coordination role upon full EU approval of the EGF application and a number of tenders are currently being evaluated in my Department. As such, queries on potential eligibility and on the current availability of services should be directed in the first instance to FÁS and the other relevant State agencies locally. This will allow both for the offering of available services and facilitate the subsequent rollout of services upon full EU

199 Questions— 13 May 2010. Written Answers

[Deputy Mary Coughlan.] approval. The eligibility period for an approved EGF application is 24 months from the submission of the application to the European Commission plus an additional three months in certain circumstances where measures had not previously commenced.

Psychological Service 223. Deputy Ciarán Lynch asked the Tánaiste and Minister for Education and Skills when a date will be set for an educational psychology assessment in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [19734/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): I can inform the Deputy that all primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS), or through the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are on the Department’s website. Where a NEPS psychologist is not assigned to a school, authorities therein may access psychological assessments through SCPA. Under this scheme schools can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly. It should also be noted that in common with many other psychological services, NEPS encourages a staged assessment process, whereby each school takes responsibility for a pupil’s initial assessment, educational planning and remedial intervention in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school’s best efforts, will a child be referred for individual psychological assessment. It is the responsibility of the school Principal in the first instance to identify and prioritise pupils for assessment under the process described above. I have made enquiries in relation to the child referred to in this question and can inform the Deputy that the normal preparatory arrangements have already been put in place between school authorities and the assigned NEPS psychologist in relation to his assessment. These arrangements are currently being finalised and it is envisaged that the child will be seen by that psychologist during June 2010, at a date and time to be agreed with parents and the school.

Child Protection 224. Deputy Mary Wallace asked the Tánaiste and Minister for Education and Skills the criteria and guidelines for one teacher primary schools regarding the requirement for a second adult to be on the premises during school hours; the number of such schools that exist in the country; when it becomes necessary for a second adult to be on the premises; if there are any child welfare and protection issues involved; and if she will make a statement on the matter. [19688/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): My Department’s most recently published information relates to the 2008/09 school year. In that year there were eight primary schools with one teacher. Such schools have less than 12 pupils enrolled. My Department has issued child protection guidelines to all primary and post primary schools. The guidelines are based on Children First — the Department of Health & Children’s national guidelines for the protection and welfare of children. The responsibility for day to day management of schools is at local school level. Schools are required to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and/or on school activities.

200 Questions— 13 May 2010. Written Answers

In 2002, my Department agreed arrangements for the provision of funding for supervision in respect of mid-morning and lunch-time breaks. Circular 21/02 issued at that time and it set out the agreement and arrangements for payment. Specific arrangements apply in the case of 1, 2 and 3 teacher schools. In one teacher schools a grant equivalent to 122 hours of supervision is paid to the Board of Management for the provision of supervision services which may be facilitated by the appointment of an external supervisor. In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of individual school management authorities to have a safety statement in place in their schools. The Statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils. The Safety Statement should be reviewed on a regular basis.

Higher Education Grants 225. Deputy Olivia Mitchell asked the Tánaiste and Minister for Education and Skills the reason there is a delay in the processing of grant applications by the County Dublin Vocational Educational Committee in respect of persons (details supplied) in Dublin 18; and if she will make a statement on the matter. [19720/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. I understand that County Dublin VEC has now advised that the candidates referred to by the Deputy were awarded the grant on 29th April 2010.

Special Educational Needs 226. Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if he will support a matter (details supplied). [19726/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The Deputy may be aware that my Department has put in place a range of teaching and care supports for pupils with special educational needs. These include the provision of additional teaching and/or special needs assistant support in schools which have enrolled pupils with special educational needs, including Down Syndrome. All primary schools have the benefit of additional Learning Support/Resource Teaching support through the general allocation system. One of the benefits of the general allocation system is that it has put support teaching resources in place in schools on a more systematic basis and enables them to support pupils with high incidence special educational needs immediately. Some pupils with Down Syndrome, based on their psychological assessment, have been assessed as having a high incidence special educational need. Other pupils with Down Syndrome fall within the low incidence range of special educational needs. The National Council for Special Education will sanction additional teaching hours where a primary school pupil has been assessed as being within the low incidence category of special need. The general allocation model is only available in primary schools. Second level schools which have enrolled pupils with special educational needs are also allocated additional teaching hours. The number of additional teaching hours sanctioned ranges from one-and-a- half hours to five hours per week depending on the pupil’s special educational needs.

201 Questions— 13 May 2010. Written Answers

[Deputy Mary Coughlan.]

Special needs assistant posts are allocated to schools to support students with care needs. Funding has been made available for specialist furniture and/or assistive technology if this is required. My Department can also fund special school transport arrangements. I have no plans to alter the current criteria for the allocation of special educational needs supports.

School Services Staff 227. Deputy Martin Ferris asked the Tánaiste and Minister for Education and Skills if she is satisfied that her Department is not breaching national legislation which expressly prohibits employers from making any deductions from wages without permission of the employee, in the case of a person (details supplied) who worked for her Department for ten years as a special needs assistant and whose pension has been stopped until an overpayment that was subsequently discovered is repaid. [19735/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): I understand that the person to whom the Deputy refers requested that her pension be held until the overpayment was recovered in full. However, if the person now wishes to change this arrangement she should contact officials in the non-teaching staff payroll section of my Department.

Departmental Agencies 228. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills her proposals for the future of FÁS with particular reference to the need for direct accountability to her office and the Houses of the Oireachtas for planning and ongoing expenditure; the extent to which she expects to ensure such accountability in the future; if she will outline the degree to which she expects FÁS to play a leading role in addressing the issues arising from the economic downturn; the extent to which training and upskilling is likely to impact positively on economic recovery; the degree to which her Department, FÁS and other relevant Depart- ments and agencies intend to interact in the rebuilding of the economy with particular reference to employment creation and retention; if she will further outline her proposals if any to examine and address the precise reason for the relocation of manufacturing or service jobs outside this country to other jurisdictions; if arising from any studies, her Department or other agencies have identified the measures needed to address the issues arising; and if she will make a statement on the matter. [19754/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): In his speech in the Dáil on 23 March the Taoiseach announced a number of Ministerial and Departmental changes designed to ensure closer alignment of the Government’s economic objectives to the administrative functions of its departments and agencies. As part of these changes the Transfer of Departmental Administration and Ministerial Functions Order made on 1 May 2010, reallocated responsibility for FÁS as an Agency and its funding related to training and skills from the Department of Enterprise, Trade and Innovation to my Department. Responsibility for the employment service and community service activities of FÁS and its related funding has also transferred to my Department. However, it is proposed that the renamed Department of Social Protection will assume funding and overall responsibility of FÁS employment and community services once the primary legislation necessary to achieve this has been enacted. Looking further ahead, my colleague the Minister for Social Protection intends to bring forward more detailed legislative proposals at an early date to provide for the full transfer of

202 Questions— 13 May 2010. Written Answers the employment services and community services programmes of FÁS to his Department. In this way accountability to the Oireachtas will be assured. These important administrative changes follow closely on from the passing of the Labour Services (Amendment) Act 2009 at the beginning of this year which provides for a significantly stronger governance and accountability structure at FÁS including, notably, the making of the Director General of FÁS accountable to the Oireachtas, as well as providing protection for “whistleblower” members of staff who report serious wrongdoing within the Agency. The training and upskilling of the country’s workforce is a vital element of this country’s recovery from the current downturn both in the context of encouraging the emergence of indigenous enterprises as well as attracting inward investment into Ireland. This Department and FÁS is therefore focused on delivering high quality activation services to its priority cohorts including those with low skills or education levels; those who have been on the Live Register for an extended period of time; and those who were previously employed in sectors that have been most affected by restructuring and where recovery to near previous levels is not a realistic prospect in the short to medium term. My Department will continue to keep all labour market interventions delivered by FÁS under review in order to ensure that they remain relevant to the needs of our economy and the country’s workforce. I understand that my colleague the Minister for Enterprise, Trade and Innovation is replying separately to the Deputy on the specific matters of employment creation and the question of relocation of manufacturing and service jobs.

State Examinations 229. Deputy Ciarán Lynch asked the Tánaiste and Minister for Education and Skills if provision will be made to accommodate a student (details supplied) in County Cork who was forced to miss a Leaving Certificate Vocational Applied exam due to the volcanic ash disruption; if there is a backup paper available to cover emergencies; and if she will make a statement on the matter. [19783/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The State Examin- ations Commission has statutory responsibility for operational matters relating to the certificate examinations, including organising the holding of examinations, making arrangements for the marking of work presented for examination and issuing the results of examinations. In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.

Teaching Qualifications 230. Deputy Jan O’Sullivan asked the Tánaiste and Minister for Education and Skills the reason the standard of primary degree needed for the post-graduate medical course at Univer- sity of Limerick applies only to the first degree achieved by the student concerned; if she will consider, in conjunction with the Irish Association of Universities and the university concerned, allowing the standard achieved by students who have gone on to a subsequent degree to be taken into account; and if she will make a statement on the matter. [19795/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The position is that when the Graduate Entry Programme in Medicine was introduced in 2007 the particular academic entry requirements were decided upon by the universities involved and the Royal College of Surgeons in Ireland. Following careful consideration of the issues involved, and based on international practice and experience, the medical schools decided that candidates

203 Questions— 13 May 2010. Written Answers

[Deputy Mary Coughlan.] must hold a minimum 2.1 (second class honours, grade one) result in their primary honours bachelor degree (NFQ Level 8). As the medical schools are autonomous bodies the entry requirements for any of their programmes are a matter for the institutions themselves. I have no function in the matter. However, I understand that there is a commitment from the universities and RCSI to examine the new programme within 3 years of its implementation to assess its success and any issues arising. Among the issues expected to be reviewed are the current entry requirements. It is expected that the report of the review group will be available in early summer.

Special Educational Needs 231. Deputy Noel Ahern asked the Tánaiste and Minister for Education and Skills further to Parliamentary Question No. 247 of 25 March 2010 and No. 263 of 29 April 2010, if home tuition will now be approved and commenced in respect of a person (details supplied). [19800/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): I wish to advise the Deputy that no application for Home Tuition was made to the relevant area in my Depart- ment on behalf of the child in question. I will arrange for an application form to be forwarded to her parents.

School Enrolments 232. Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills if there are proposals to close or merge a school (details supplied) in county Sligo; and if she will make a statement on the matter. [19811/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): The Rules for National Schools provide that “aid is not continued to a school at which the average daily enrolment falls below eight units for two consecutive years”. These requirements for recognition of the school referred to by the Deputy are not being met as the enrolment has been below the required level since 2006. The appropriate steps have been taken and following a consultation process with the school authorities my Department is satisfied at this stage that there is little prospect of a reversal in the school’s enrolment trend. In this context, it is intended to withdraw recognition and close the school with effect from 31 August 2010. The school authorities have recently been notified of this decision. The school authorities undertook to convey this decision to the parents and to advise of the need to enrol their children in another school in the local area for September 2010.

Schools Building Projects 233. Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills the position regarding the proposed improvements at a school (details supplied) in County Sligo; and if she will make a statement on the matter. [19812/10]

234. Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills her plans to build a new school on a green-field site in an area (details supplied) in County Sligo; and if she will make a statement on the matter. [19813/10]

204 Questions— 13 May 2010. Written Answers

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): I propose to take Questions Nos. 233 and 234 together. The school to which the Deputy refers applied to my Department for major capital works in October 2006. The application was assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 2 rating. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department’s website. The Department’s technical staff conducted a site suitability assessment at the end of March this year and the issues raised following this site visit are now being addressed. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Recognition 235. Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the position regarding a group’s (details supplied) proposals and application; and if she will make a statement on the matter. [19817/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): My Department is considering a number of broad policy issues relating to the recognition process for second level schools. The applications from Educate Together to establish schools at second level in the area referred to and in a number of other locations is being fully examined within the context of the relevant legal, financial and other factors. It is my intention to finalise this matter and convey a decision to Educate Together and other relevant bodies at the earliest date possible.

Departmental Staff 236. Deputy Niall Collins asked the Tánaiste and Minister for Education and Skills her salary cost; the number and grades of staff in her Department on a comparable or higher salary; the amounts in each case; the remuneration package of officer holders in all forms of State agencies under the aegis of her Department which are comparable or higher than her salary, in tabular form; and if she will make a statement on the matter. [19828/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): My full salary cost is currently €208,526 which comprises of:

€115,854 — Tánaiste salary

€92,672 — T.D. salary.

All the staff at my Department are in receipt of salaries that are lower than the above with the exception of the Secretary General of my Department who is in receipt of a salary of €215,590 per annum.

205 Questions— 13 May 2010. Written Answers

[Deputy Mary Coughlan.]

The information sought by the Deputy in relation to office holders in State Agencies under the aegis of my Department is not readily available. Therefore, I have requested officials at the Personnel Unit of my Department to compile the information and forward it to the Deputy in due course.

Third Level Scholarships 237. Deputy Olwyn Enright asked the Tánaiste and Minister for Education and Skills the reason a person (details supplied) in County Offaly, who is a fluent Irish speaker attending a school in County Offaly, is not eligible to apply for a scholarship; and if she will make a statement on the matter. [19880/10]

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): My Department offers 50 third level scholarships annually for students from all-Irish schools under three scholarship schemes as follows:

• Scéim Scoláireachtaí Triú Leibhéal do Mhic Léinn Ón nGaeltacht

• Scéim Scoláireachtaí Triú Leibhéal (Trí Ghaeilge Teoranta)

• Scéim Scoláireachtaí Ghaeilge Triú Leibhéil (Neamh-Theoranta)

These scholarships are awarded to those students who have, among other things, attended an all-Irish second level school and reached a certain minimum standard in the Leaving Certificate Examination. Students are required to apply for these scholarships which are only tenable in respect of specified third level courses. Students attending the school referred to by the Deputy are not eligible to avail of the Irish scholarships as subjects are taught through the medium of English.

206